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- Point in Time (31/12/2020)
- Original (As enacted)
Point in time view as at 31/12/2020.
National Health Service (Scotland) Act 1978, Part I is up to date with all changes known to be in force on or before 01 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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1SA Health Board shall be a body corporate and shall have a common seal.
Modifications etc. (not altering text)
C1Sch. 1 paras. 1, 2, 4–7, 9–15, Sch. 5 paras. 7B, 7C applied by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I
C2Sch. 1 para. 1 applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)
Sch. 1 para. 1 applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)
Sch. 1 para. 1 applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 1 applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 1 applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I
Sch. 1 para.1 applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))
Sch. 1 para. 1 applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))
C3Sch. 1 paras. 1 applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I
C4Sch. 1 para. 1 applied (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 1 (with art. 4(4)(5))
[F12(1)A Health Board is to consist of the following types of members—S
(a)a chairman, and other members, appointed by the Scottish Ministers (“appointed members”), [F2and]
(b)councillors appointed by the Scottish Ministers following nomination by local authorities in the area of the Health Board (“councillor members”), [F3and
(c)individuals elected as members of the Health Board at an election held under Schedule 1A (“elected members”).]
(2)Regulations must, in relation to each Health Board, specify—
(a)the total number of members of the Board, and
(b)the number of each type of member.
[F4(3)At least one councillor member must be appointed for each local authority whose area is wholly or partly within the area of the Board.]]
Textual Amendments
F1Sch. 1 para. 2 substituted (24.6.2009 for specified purposes) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 1(2), 4, 7, 11(1); S.S.I. 2009/242, art. 2
F2Words in Sch. 1 para. 2(1) inserted (cond.) (31.12.2013 with effect only in respect of the specified areas, that being the date the pilot order is revoked) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 6(2)(4)(a)(i), 11(1) (as amended (31.12.2013) by The Health Boards (Membership and Elections) (Scotland) Order 2013 (S.S.I. 2013/364), art. 3(2)); S.S.I. 2013/364, arts 2 (with art. 3(1))
F3Sch. 1 para. 2(1)(c) repealed (31.12.2013 with effect only in respect of the specified areas, that being the date the pilot order is revoked) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), s. 6(2)(4)(a)(ii)11(1)(1); S.S.I. 2013/364, art. 2 (with art. 3(1))
F4Sch. 1 para. 2(3) substituted for Sch. 1 para. 2(3)(4) (31.12.2013 with effect only in respect of the specified areas, that being the date the pilot order is revoked) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 6(2)(4)(b), 11(1)(1) (as amended (31.12.2013) by The Health Boards (Membership and Elections) (Scotland) Order 2013 (S.S.I. 2013/364), art. 3(2)); S.S.I. 2013/364, art. 2 (with art. 3(1))
Modifications etc. (not altering text)
C5Sch. 1 para. 2(1) applied (with modifications) (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 1 (with art. 4(4)(5))
[F52ASIn the case of a prescribed Health Board at least one of the [F6appointed members] must hold a post in a university with a medical or dental school.]
Subordinate Legislation Made
P1Sch. 1 para. 2A: s. 105(7) (with ss. 2(10), 108(1) and Sch. 1 paras. 2A, 4 and 11) power exercised by S.I. 1991/571.
Sch. 1 para. 2A: s. 105(7) (with ss. 2(10), 108(1) and Sch. 1 paras. 2A, 4 and 11) power exercised by S.I.1991/809.
Sch 1 para 2A: for previous exercises of this power see Index to Government Orders
Textual Amendments
F5Sch. 1 para. 2A inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 27(3), Sch. 5 para. 2
F6Words in Sch. 1 para. 2A substituted (24.6.2009 for certain purposes and otherwise prosp.) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 1(3), 4, 7, 11(1); S.S.I. 2009/242, art. 2
3S[F7An appointed member may be appointed only] after consultation with the following bodies—
(a)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
Textual Amendments
F7Words in Sch. 1 para. 3 substituted (24.6.2009 for certain purposes and otherwise prosp.) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 1(4)(a), 4, 7, 11(1); S.S.I. 2009/242, art. 2
F8Sch. 1 para. 3(a) omitted (24.6.2009 for certain purposes and otherwise prosp.) by virtue of Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 1(4)(b), 4, 7, 11(1); S.S.I. 2009/242, art. 2
[F93ASA person appointed as chairman of a Health Board may not be an employee of that Health Board.]
Textual Amendments
F9Sch. 1 para. 3A inserted (24.6.2009 for certain purposes and otherwise prosp.) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 1(5), 4, 7, 11(1); S.S.I. 2009/242, art. 2
Modifications etc. (not altering text)
C6Sch. 1 para. 3A applied (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 1 (with art. 4(4)(5))
4SThe Secretary of State may pay to
[F10(a)the chairman of a Health Board,
(b)such other members of a Health Board as may be prescribed, and
(c)such members of committees and sub-committees 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.
Subordinate Legislation Made
P2Sch. 1 para. 4: s. 105(7) (with ss. 2(10), 108(1) and Sch. 1 paras. 2A, 4 and 11) power exercised by S.I. 1991/571.
Sch. 1 para. 4: s. 105(7) (with ss. 2(10), 108(1) and Sch. 1 paras. 2A, 4 and 11) power exercised by S.I. 1991/809.
Sch. 1 para. 4: for previous exercises of this power see Index to Government Orders
Textual Amendments
F10Words in Sch. 1 para. 4 substituted (8.1.2010) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 8, 11(4), Sch. para. 1; S.S.I. 2009/433, art. 2
Modifications etc. (not altering text)
C7By S.I. 1990/2639, art. 4(2)(e) certain functions of the Secretary of State under para. 4 are made exercisable (1.4.1991) by the Health Education Board for Scotland
C8Sch. 1 paras. 1, 2, 4–7, 9–15, Sch. 5 paras. 7B, 7C applied by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I
C9Sch. 1 para. 4 applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)
Sch. 1 para. 4 applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)
Sch. 1 para. 4 applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 4 applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 4 applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I
Sch. 1 para. 4 applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))
Sch. 1 para. 4 applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))
C10Sch. 1 para. 4, applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I
C11Sch. 1 para. 4: functions transferred (31.3.2002) by S.S.I. 2002/103, art. 4(2)(d) (with art. 4(4))
Sch. 1 para. 4: functions transferred (27.6.2002) by S.S.I. 2002/305, art. 4(2)(j) (with art. 4(4))
C12Sch. 1 para. 4 applied (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 1 (with art. 4(4)(5))
5SA Health Board may employ such officers and servants on such terms as to remuneration and conditions of service as the Board may, F11 determine [F12in accordance with regulations and any directions given under this paragraph by the Secretary of State].
Textual Amendments
F11Words repealed by Health Services Act 1980 (c. 53), Sch. 7
F12Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 7(2)(b)
Modifications etc. (not altering text)
C13Sch. 1 paras. 1, 2, 4–7, 9–15, Sch. 5 paras. 7B, 7C applied by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I
C14Sch. 1 para. 5 applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)
Sch. 1 para. 5 applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)
Sch. 1 para. 5 applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 5 applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 5 applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I
Sch. 1 para. 5 applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))
Sch. 1 para. 5 applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))
C15Sch. 1 para. 5 applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I
C16Sch. 1 para. 5 applied (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 1 (with art. 4(4)(5))
[F135ASRegulations 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 [F14and a direction under that paragraph may relate to a particular officer or servant or class of officer or servant specified in the direction].]
Textual Amendments
F13Sch. 1 para. 5A added by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 14(2), Sch. 7 para. 4
F14Words added by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 27(3), Sch. 5 para. 4
Modifications etc. (not altering text)
C17Sch. 1 para. 5A applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 5A applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I
Sch. 1 para. 5A applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))
Sch. 1 para. 5A applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))
C18Sch. 1 para. 5A applied (1.4.2003) by S.I. 1990/2639, art. 5(1), Sch. Pt. 1 (as amended by The Health Education Board for Scotland Amendment Order 2003 (S.S.I. 2003/154), art. 6(d))
C19Sch. 1 para. 5A applied (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 1 (with art. 4(4)(5))
6SRegulations 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.
Modifications etc. (not altering text)
C20Sch. 1 paras. 1, 2, 4–7, 9–15, Sch. 5 paras. 7B, 7C applied by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I
C21Sch. 1 para. 6 applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)
Sch. 1 para. 6 applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with
Sch. 1 para. 6 applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 6 applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 6 applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I
Sch. 1 para. 6 applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))
Sch. 1 para. 6 applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))
C22Sch. 1 para. 6 applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I
C23Sch. 1 para. 6 applied (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 1 (with art. 4(4)(5))
[F156A(1)Sub-paragraph (3) applies where the registration of a dental practitioner in the dentists register is suspended—S
(a)by an interim suspension order under section 32 of the Dentists Act 1984 (interim orders); or
(b)by a direction or order of the Health Committee, the Professional Performance Committee or the Professional Conduct Committee of the General Dental Council under any of sections 27B, 27C or 30 of that Act following a relevant determination that that practitioner's fitness to practise is impaired.
(2)For the purposes of sub-paragraph (1), a “relevant determination” that a practitioner's fitness to practise is impaired is a determination which is based solely on—
(a)the ground mentioned in paragraph (b) of subsection (2) of section 27 of the Dentists Act 1984 (deficient professional performance);
(b)the ground mentioned in paragraph (c) of that subsection (adverse physical or mental health); or
(c)both those grounds.
(3)Where this sub-paragraph applies, notwithstanding paragraph 7 of this Schedule, the suspension shall not terminate any contract of employment made between the dental practitioner and a Health Board, but a person whose registration is so suspended shall not perform any duties under a contract made between him and a Health Board which involves the practice of dentistry within the meaning of the Dentists Act 1984.]
Textual Amendments
F15Sch. 1 para. 6A substituted (coming into force in accordance with art. 1 of the amending S.I.) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 49, Sch. 6 para. 2(4) (with transitional provisions in Sch. 7 and S.I. 2006/1671)
7SNo officer or servant of a Health Board to whom regulations [F16or any directions given under paragraph 5] apply shall be employed otherwise than in accordance with the regulations [F17or, as the case may be, the directions].
Textual Amendments
F16Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 7(3)(a)
F17Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 7(3)(b)
Modifications etc. (not altering text)
C24Sch. 1 paras. 1, 2, 4–7, 9–15, Sch. 5 paras. 7B, 7C applied by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I
C25Sch. 1 para. 7 applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)
Sch. 1 para. 7 applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)
Sch. 1 para. 7 applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 7 applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 7 applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I
Sch. 1 para. 7 applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))
Sch. 1 para. 7 applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))
C26Sch. 1 para. 7 applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I
C27Sch. 1 para. 7 applied (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 1 (with art. 4(4)(5))
[F187ASRegulations 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).]
Textual Amendments
F18Sch. 1 paras. 7A–7C inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 27(3), Sch. 5 para. 5
Modifications etc. (not altering text)
C28Sch. 1 paras. 7A, 7B, 11A applied (1.4.1991) by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I
C29Sch. 1 para. 7A applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)
Sch. 1 para. 7A applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)
Sch. 1 para. 7A applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 7A applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 7A applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I
Sch. 1 para. 7A applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))
Sch. 1 para. 7A applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))
C30Sch. 1 para. 7A applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I
C31Sch. 1 para. 7A applied (with modifications) (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 1 (with art. 4(4)(5))
7BSDirections 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.
Modifications etc. (not altering text)
C32Sch. 1 paras. 7A, 7B, 11A applied (1.4.1991) by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I
C33Sch. 1 para. 7B applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. 1 Pt. I (with art. 6)
Sch. 1 para. 7B applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt.I (with art. 6)
Sch. 1 para. 7B applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch Pt.I
Sch. 1 para. 7B applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 7B applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I
Sch. 1 para. 7B applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))
Sch. 1 para. 7B applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))
C34Sch. 1 para. 7B applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I
C35Sch. 1 para. 7B applied (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 1 (with art. 4(4)(5))
7CSBefore making regulations under paragraph 7A or 8A, the Secretary of State shall consult such bodies and organisations as appear to him to be concerned.
8SRegulations under paragraph 6 shall not contain a requirement that all consultants employed for the purpose of hospitals shall be employed whole-time.
[F198ASIn connection with arrangements relating to community care services F20..., 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. ]
Textual Amendments
F19Sch. 1 para. 8A inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 27(3), Sch. 5 para. 6
F20Words in Sch. 1 para. 8A repealed (1.4.2015) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications and Saving) Order 2015 (S.S.I. 2015/157), art. 1(1), Sch. para. 2(5)
F219S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F21Sch. 1 para. 9 repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3), Sch. 2 para 3(2))
F2210S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F22Sch. 1 para. 10 repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3), Sch. 2 para. 3(2) and subject to an amendment (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt.I)
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