SCHEDULES

SCHEDULE 1 Health Boards

Part I

Constitution

C1C2C31

A Health Board shall be a body corporate and shall have a common seal.

C21C22C232

A Health Board shall consist of a chairman appointed by the Secretary of State and such number of other members so appointed as the Secretary of State thinks fit.

F102A

In the case of a prescribed Health Board at least one of the persons appointed under paragraph 2 above must hold a post in a university with a medical or dental school.

3

Appointments under paragraph 2 shall be made after consultation with the following bodies—

a

each local authority (within the meaning of the M1Local Government (Scotland) Act 1973) in the area of the Health Board concerned;

b

any university appearing to the Secretary of State to have an interest in the provision of health services in that area;

c

such organisations as the Secretary of State may recognise as representative in that area of the medical, dental, nursing, pharmaceutical and ophthalmic professions and such other professions as the Secretary of State considers appropriate, or of those professions generally; and

d

such other organisations as appear to the Secretary of State to be concerned.

F93A

A person appointed as chairman of a Health Board may not be an employee of that Health Board.

C24C254

The Secretary of State may pay to the chairman of a Health Board F11and to such other members of a Health Board as may be prescribed such remuneration as he may, with the approval of the Minister for the Civil Service, from time to time determine.

C4C5C65

A Health Board may employ such officers and servants on such terms as to remuneration and conditions of service as the Board may, F1 determine F2in accordance with regulations and any directions given under this paragraph by the Secretary of State.

F3C7C85A

Regulations or directions under paragraph 5 may provide for approvals, authorisations or determinations to have effect from a date (which may be before or after the date of giving or making them but may not be before if to the detriment of such officers and servants) specified in them F4and a direction under that paragraph may relate to a particular officer or servant or class of officer or servant specified in the direction.

C9C10C116

Regulations may make provision with respect to the method of appointment of officers or servants of a Health Board and as to the qualifications, remuneration and conditions of service of those persons.

F126A

Notwithstanding paragraph 7 of this Schedule, where the registration of a dental practitioner in the dentists register is suspended—

a

by an order under F13section 32 of the Dentists Act 1984 (interim suspension); or

b

by F14an order of the Health Committee under that Act (health cases),

the suspension shall not terminate any contract of employment made between him and a Health Board but a person whose registration is suspended under that Part of that Act shall not perform any duties under a contract made between him and a Health Board which involve the practice of dentistry within the meaning of F15the Dentists Act 1984.

C12C13C147

No officer or servant of a Health Board to whom regulations F5or any directions given under paragraph 5 apply shall be employed otherwise than in accordance with the regulations F6or, as the case may be, the directions.

F7C15C16C177A

Regulations may provide for the transfer of officers and servants from a Health Board to—

a

another Health Board;

b

the Agency; or

c

a state hospital,

and for arrangements under which the services of an officer or servant of a Health Board are placed at the disposal of a body mentioned in sub-paragraphs (a) to (c).

C18C19C207B

Directions may be given by the Secretary of State—

a

to a Health Board to place services of any of its officers or servants at the disposal of a body mentioned in sub-paragraphs (a) to (c) of paragraph 7A; and

b

to any such body to employ as an officer or servant any person who is or was employed by a Health Board and is specified in the direction,

and a Board or body to which such directions are given shall comply with the directions.

7C

Before making regulations under paragraph 7A or 8A, the Secretary of State shall consult such bodies and organisations as appear to him to be concerned.

8

Regulations under paragraph 6 shall not contain a requirement that all consultants employed for the purpose of hospitals shall be employed whole-time.

F88A

In connection with arrangements relating to community care services (within the meaning of section 5A(4) (local authority plans for community care services) of the Social Work (Scotland) Act 1968), regulations may make provision with respect to—

a

the transfer to employment by a local authority of officers or servants employed by a Health Board; and

b

the transfer to employment by a National Health Service body of officers and servants transferred to employment by a local authority by virtue of this paragraph,

and for the purposes of this paragraph “National Health Service body” means a Health Board, the Agency or an NHS trust.

C26C279

The application of the seal of a Health Board to any document shall be attested by at least one member of the Board and by the person for the time being acting as Secretary of the Board.

C28C2910

Every document purporting to be an instrument issued by a Health Board, and to be sealed and attested as aforesaid or to be duly signed on behalf of the Board, shall be received in evidence and shall be deemed to be such an instrument without further proof, unless the contrary is shown.