National Health Service (Scotland) Act 1978

Section 10.

SCHEDULE 5 S The Agency

1 S The Agency shall be a body corporate and shall have a common seal.

2 S The affairs of the Agency shall be managed by a management committee constituted in accordance with paragraph 3.

3 S The management committee shall consist of a chairman appointed by the Secretary of State and [F1 such other members as the Secretary of State may, after consultation with the Health Boards, appoint.]

Textual Amendments

F1 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 27(3), Sch. 5 para. 9

[F2 3A S The Secretary of State may pay to the chairman of the management committee [F3 and to such other members of the management committee as may be prescribed] such remuneration as he may, with the approval of the Minister for the Civil Service, from time to time determine.]

Textual Amendments

F2 Para. 3A inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 8(2)

F3 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 27(3), Sch. 5 para. 10

4 S The proceedings of the management committee shall not be invalidated by any vacancy in its membership or by any defect in the appointment of any member thereof.

5 S The Secretary of State shall pay to members of the management committee and sub-committees thereof such travelling and other allowances, including compensation for loss of remunerative time, as he may, with the approval of the Minister for the Civil Service, from time to time determine.

6 S Allowances shall not be paid under paragraph 5 except in connection with the performance of such powers or duties, in such circumstances, as the Secretary of State may determine.

7 S The Agency may employ such officers and servants on such terms as to remuneration and conditions of service as the management committee may, F4 determine [F5 in accordance with regulations and any directions given under this paragraph by the Secretary of State].

Textual Amendments

F4 Words repealed by Health Services Act 1980 (c. 53), Sch. 7

F5 Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 8(3)(b)

[F6 7A S Regulations or directions under paragraph 7 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.]

Textual Amendments

F6 Sch. 5 para. 7A added by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 14(2), Sch. 7 para. 4(2)

[F7 7B S Regulations may provide for the transfer of officers and servants from the Agency to a Health Board or state hospital, and for arrangements under which the services of an officer or servant of the Agency are placed at the disposal of a Health Board or state hospital.]

Subordinate Legislation Made

P1 Sch. 5 para. 7B: s. 105(7) (with s. 108(1) and Sch. 5 para. 7B) power exercised by S.I. 1991/345

Textual Amendments

F7 Sch. 5 para. 7B, 7C inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 27(3), Sch. 5 para. 11

Modifications etc. (not altering text)

C1 Sch. 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

Sch. 5 para. 7B applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 5 para. 7B applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 5 para. 7B applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I

Sch. 5 para. 7B applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I

Sch. 5 para. 7B applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I

Sch. 5 para. 7B applied (with modifications) (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))

Sch. 5 para. 7B applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))

C2 Sch. 5 para. 7B applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I

7C S Directions may be given by the Secretary of State—

(a) to the Agency to place services of any of its officers or servants at the disposal of a Health Board or state hospital; and

(b) to a Health Board or state hospital to employ as an officer or servant any person who is or was employed by the Agency and is specified in the direction,

and it shall be the duty of the Agency, a Health Board or a state hospital to comply with any such directions given to it.

Modifications etc. (not altering text)

C3 Sch. 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

C4 Sch. 5 para. 7C applied (1.4.1993) by S.I. 1993/577, art. 5(1), Sch. Pt. I (with art. 6)

Sch. 5 para. 7C applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt.I (with art. 6)

Sch. 5 para. 7C applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I

Sch. 5 para. 7C applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I

Sch. 5 para. 7C applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I

Sch. 5 para. 7C applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I

Sch. 5 para. 7C applied (with modifications) (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. (4))

Sch. 5 para. 7C applied (27.6.2002) by S.S.I. 2002/503, art. 5(1), Sch. Pt. I (with art. 4(4))

8 S Regulations may make provision with respect to—

(a) the appointment, tenure and vacation of office of the chairman and members of the management committee;

(b) enabling alternative members to attend in place of any member of the committee who may be absent;

(c) the appointment by the management committee of sub-committees, whose membership may include persons who are not members of the management committee;

(d) the procedure of the management committee; and

(e) the method of appointment of officers or servants of the Agency and the qualifications, remuneration and conditions of service of those persons.

[F8 8A S 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 the Agency; 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 the Agency, a Health Board or an NHS trust.]

Textual Amendments

F8 Sch. 5 paras. 8A, 8B inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 27(3), Sch. 5 para. 12

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

9 S No officer or servant of the Agency to whom regulations [F9 or any directions given under paragraph 7] apply shall be employed otherwise than in accordance with the regulations [F9 or, as the case may be, the directions].

Textual Amendments

F9 Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 8(4)

10 The application of the seal of the Agency to any document shall be attested by at least one member of the management committee and by an officer authorised for the purpose by the management committee.

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

12 S The Secretary of State may exercise the powers conferred by paragraph 19 of Schedule 1 in the case of a person who enters the employment of the Agency and to whom that paragraph otherwise applies.