National Health Service (Scotland) Act 1978

Valid from 01/08/2010

(introduced by section 10A(5))

[F1 SCHEDULE 5A S Healthcare Improvement Scotland

Textual Amendments

F1 Sch. 5A inserted (1.8.2010 for certain purposes, 1.10.2010 for certain purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 110(1), 134(7), Sch. 16; S.S.I. 2010/221, art. 3(2)(3), Sch.; S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

Status S

1 (1) Healthcare Improvement Scotland is a body corporate. S

(2) HIS is not to be regarded as a servant or agent of the Crown, or as having any status, immunity or privilege of the Crown, nor are its members or its employees to be regarded as civil servants.

(3) HIS's property is not to be regarded as property of, or held on behalf of, the Crown.

Membership of HIS S

2 (1) HIS is to consist of the following members— S

(a) a person appointed by the Scottish Ministers to chair HIS;

(b) the person appointed under paragraph 2(1)(a) of schedule 11 to the Public Services Reform (Scotland) Act 2010 (asp 8) to chair Social Care and Social Work Improvement Scotland; and

(c) no fewer than 10 nor more than 13 other members appointed by the Scottish Ministers.

(2) The Scottish Ministers may by order amend sub-paragraph (1)(c) by substituting for the minimum or maximum number of members for the time being specified there such other number as they think fit.

(3) In appointing members, the Scottish Ministers are to have regard to the desirability of including—

(a) persons who have experience of, and have shown capacity and capability in, the provision of services provided under the health service or independent health care services;

(b) persons who use, or have used services provided under the health service or independent health care services;

(c) persons who have such other skills, knowledge or experience as the Scottish Ministers consider to be relevant in relation to the exercise of HIS's functions.

Terms of appointment etc. S

3 (1) Each member of HIS is to be appointed for such period as the Scottish Ministers think fit. S

(2) A member—

(a) holds and vacates office in accordance with the terms and conditions of appointment; but

(b) may, by written notice to the Scottish Ministers, resign office as a member.

(3) A person is, on ceasing to be a member, eligible for reappointment.

Removal of members S

4 S The Scottish Ministers may, by written notice, remove a member from office if they are satisfied that—

(a) the member—

(i) has been adjudged bankrupt;

(ii) has granted a trust deed for creditors or a composition contract;

(iii) has proposed a voluntary arrangement which has been approved;

(b) the member's estate has been sequestrated;

(c) the member has been absent from 3 consecutive meetings of HIS without the permission of HIS;

(d) the member is otherwise unfit or unable to discharge the functions of a member.

Disqualification from membership S

5 S A person is disqualified from appointment, and from holding office, as a member of HIS if that person is—

(a) a member of the Scottish Parliament;

(b) a member of the House of Commons;

(c) a member of the European Parliament.

Remuneration and allowances for members S

6 S HIS must pay to each of its members such—

(a) remuneration; and

(b) allowances and expenses,

as the Scottish Ministers may determine.

Chief executive and other employees S

7 (1) HIS is to employ a chief executive. S

(2) The chief executive must be a member of HIS.

(3) The Scottish Ministers are to make the first appointment of the chief executive on such terms and conditions as the Scottish Ministers may determine.

(4) Each subsequent chief executive is, with the approval of the Scottish Ministers, to be appointed by HIS on such terms and conditions as HIS may, with such approval, determine.

(5) HIS may (subject to any directions given under sub-paragraph (6)) appoint such other employees on such terms and conditions as HIS may determine.

(6) The Scottish Ministers may give directions to HIS as regards—

(a) the appointment of employees under sub-paragraph (5); and

(b) the terms and conditions of their employment.

(7) HIS may, with the approval of the Scottish Ministers—

(a) pay or make arrangements for the payment;

(b) make payments or contributions towards the provision;

(c) provide and maintain schemes (whether contributory or not) for the payment,

of such pensions, allowances or gratuities to or in respect of any person who is or has ceased to be an employee of HIS, as it may determine.

(8) The reference in sub-paragraph (7) to pensions, allowances and gratuities includes a reference to pensions, allowances and gratuities by way of compensation for loss of employment.

Committees S

8 (1) HIS may establish committees for any purpose relating to its functions. S

(2) Subject to section 10Z16, HIS is to determine the composition of its committees.

(3) HIS may appoint persons who are not members of HIS to be members of a committee.

(4) A committee of HIS is to comply with any directions given to it by HIS.

Procedure and meetings S

9 (1) HIS may determine its own procedure and that of its committees, including a quorum for meetings. S

(2) The validity of any proceedings of HIS, or any of its committees, is not affected by a vacancy in membership nor by any defect in the appointment of a member.

(3) Members of—

(a) the Scottish Executive and persons authorised by the Scottish Ministers;

(b) Social Care and Social Work Improvement Scotland and persons authorised by it,

may attend and take part in meetings of HIS or any of its committees, but are not entitled to vote at such meetings.

General powers S

10 (1) HIS may do anything which appears to be necessary or expedient for the purpose of, or in connection with, or which appears conducive to, the exercise of its functions. S

(2) In particular, HIS may—

(a) enter into contracts;

(b) with the consent of the Scottish Ministers—

(i) borrow money;

(ii) acquire and dispose of land;

(iii) borrow sums in sterling by way of overdraft for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet that expenditure.

Delegation of functions S

11 (1) HIS may, subject to sub-paragraphs (2) and (3) authorise— S

(a) the chief executive;

(b) any other employee;

(c) any of its committees,

to exercise such of its functions, and to such extent, as it may determine.

(2) HIS may not authorise any of the following functions to be exercised by any other person—

(a) the approval of annual reports and accounts;

(b) the approval of any budget or other financial plan.

(3) Sub-paragraph (1) does not affect the responsibility of HIS for the exercise of its functions.

Location of office S

12 S HIS's determination of the location of its office premises is subject to the approval of the Scottish Ministers.

Accounts S

13 (1) HIS must— S

(a) keep proper accounts and accounting records;

(b) prepare in respect of each financial year a statement of accounts; and

(c) send a copy of the statement to the Scottish Ministers,

and must do so in accordance with any directions the Scottish Ministers may give.

(2) HIS must send the statement of accounts to the Auditor General for Scotland for auditing.

Reports S

14 (1) As soon as practicable after the end of each financial year, HIS must prepare a report which is— S

(a) to provide information on the discharge of HIS's functions during that year; and

(b) to include a copy of the statement of accounts for that year audited by the Auditor General for Scotland.

(2) HIS must—

(a) publish the report;

(b) lay a copy of the report before the Scottish Parliament;

(c) send a copy of the report to the Scottish Ministers.

(3) HIS may publish such other reports and information on matters relevant to the functions of HIS as it considers appropriate.]