- Latest available (Revised)
- Point in Time (07/12/2019)
- Original (As enacted)
Version Superseded: 30/11/2022
Point in time view as at 07/12/2019.
National Health Service (Scotland) Act 1978 is up to date with all changes known to be in force on or before 16 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 2.
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)
[F2310A(1)An elected member holds office for a period beginning with the day after the day of the Health Board election at which the member was elected and ending on the day of the next following Health Board election in the Health Board area.S
(2)An elected member vacates office on becoming—
(a)a member of the European Parliament,
(b)a member of the House of Commons,
(c)a member of the House of Lords,
(d)a member of the Scottish Parliament, or
(e)a local authority councillor.
(3)Regulations may specify further circumstances in which an elected member must vacate office before the end of that period and, in particular, may specify that an elected member is to vacate office on becoming the holder of a post set out in a list of restricted posts maintained by the Health Board concerned for that purpose.]
Textual Amendments
F23Sch. 1 para. 10A inserted (temp. from 24.6.2009 for certain purposes and prosp. otherwise) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 1(6), 4, 6(2)(3), 7, 11(1); S.S.I. 2009/242, art. 2
11SRegulations may make provision—
(a)as to the appointment, tenure and vacation of office of [F24appointed members and councillor members (including provision specifying circumstances in which the Scottish Ministers may determine that such a member is to vacate office)];
(b)as to the delegation of functions to committees or sub-committees [F25constituted in accordance with the regulations]; [F26and]
(c)as to the procedure of Health Boards, their committees and sub-committees; F27
(d)F27
Textual Amendments
F24Words in Sch. 1 para. 11(a) substituted (24.6.2009 for certain purposes and otherwise prosp.) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 1(7), 4, 7, 11(1); S.S.I. 2009/242, art. 2
F25Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 27(3), Sch. 5 para. 7
F26Word inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 7(4)(a)
F27Word and para. 11(d) repealed by Health Services Act 1980 (c. 53), Sch. 7
Modifications etc. (not altering text)
C36Sch. 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
C37Sch. 1 para. 11 applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)
Sch. 1 para. 11 applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)
Sch. 1 para. 11 applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 11 applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 11 applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I
Sch. 1 para. 11 applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))
Sch. 1 para. 11 applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))
C38Sch. 1 para. 11 applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I
C39Sch. 1 para. 11 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))
[F2811ASA Health Board may subscribe to the funds of any associations or other bodies having objects of which the Board approves.]
Textual Amendments
F28Para. 11A inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 7(5)
Modifications etc. (not altering text)
C40Sch. 1 paras. 7A, 7B, 11A applied (1.4.1991) by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I
C41Sch. 1 para. 11A applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)
Sch. 1 para. 11A applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)
Sch. 1 para. 11A applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 11A applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 11A applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I
Sch. 1 para. 11A applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))
Sch. 1 para. 11A applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))
C42Sch. 1 para. 11A applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I
C43Sch. 1 para. 11A 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))
12SThe proceedings of a Health Board shall not be invalidated by any vacancy in membership or by any defect in the appointment [F29or, as the case may be, election] of any member thereof.
Textual Amendments
F29Words in Sch. 1 para. 12 inserted (temp. from 24.6.2009 for certain purposes and otherwise prosp.) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 1(8), 4, 6(2)(3), 7, 11(1); S.S.I. 2009/242, art. 2
Modifications etc. (not altering text)
C44Sch. 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
C45Sch. 1 para. 12 applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)
C46Sch. 1 para. 12 applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I (with art. 6)
Sch. 1 para. 12 applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 12 applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I
Sch. 1 para. 12 applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))
Sch. 1 para. 12 applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))
C47Sch. 1 para. 12 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))
13SThe Secretary of State shall pay to members of a Health Board, the committees 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.
Modifications etc. (not altering text)
C48Sch. 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
C49By S.I. 1990/2639, art. 4(2)(f) certain functions of the Secretary of State under para. 13 are made exercisable (1.4.1991) by Health Education Board for Scotland
C50Sch. 1 para. 13 applied (with modifications) (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. 1 Pt. I (with art. 6)
Sch. 1 para. 13 applied (with modifications) (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. 1 Pt. I (with art. 6)
Sch. 1 para. 13 applied (with modifications) (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. 1 Pt. I
Sch. 1 para. 13 applied (with modifications) (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 13 applied (with modifications) (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I
Sch. 1 para. 13 applied (with modifications) (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))
Sch. 1 para. 13 applied (with modifications) (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))
C51Sch. 1 para. 13 applied (with modifications) (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I
C52Sch. 1 para. 13: functions transferred (31.3.2002) by S.S.I. 2002/103, art. 4(2)(e) (with art. 4(4))
Sch. 1 para. 13: functions transferred (27.6.2002) by S.S.I. 2002/305, art. 4(2)(k) (with art. 4(4))
C53Sch. 1 para. 13 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))
14SAllowances shall not be paid under paragraph 13 except in connection with the performance of such powers or duties, in such circumstances, as the Secretary of State may determine.
Modifications etc. (not altering text)
C54Sch. 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
C55Sch. 1 para. 14 applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. 1 Pt. I (with art. 6)
Sch. 1 para. 14 applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)
Sch. 1 para. 14 applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 14 applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 14 applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I
Sch. 1 para. 14 applied (with modifications) (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))
Sch. 1 para. 14 applied (with modifications) (27.6.2002) by S.S.I. 2002/305, art. 6, Sch. Pt. I (with art. 4(4))
C56Sch. 1 para. 14 applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I
C57Sch. 1 para. 14 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))
15SPayment under paragraph 13 shall be made at such times and in such manner, and subject to such conditions as to records, certificates or otherwise, as the Secretary of State may determine.
Modifications etc. (not altering text)
C58Sch. 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
C59Sch. 1 para. 15 applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. 1 Pt. I (with art. 6)
Sch. 1 para. 15 applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. 1 Pt. I (with art. 6)
Sch. 1 para. 15 applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. 1 Pt. I
Sch. 1 para. 15 applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I
Sch. 1 para. 15 applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I
Sch. 1 para. 15 applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))
Sch. 1 para. 15 applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))
C60Sch. 1 para. 15 applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I
C61Sch. 1 para. 15 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))
16SF30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
17SF31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
18SThe functions transferred to and exercisable by Health Boards under section 56 of the M1National Health (Scotland) Act 1972 (functions under the M2Nursing Homes Registration (Scotland) Act 1938) shall continue to be exercisable by them under this paragraph.
19SThe Secretary of State may, with any necessary modifications, by order apply any of the provisions of [F32paragraph 6 of Schedule 3 to the Civil Aviation Act 1982] to the case of a person who enters the employment of a Health Board after having been employed in employment to which [F33the said paragraph 6] applies, and any such order may provide that for the purposes of any enactment specified in the order, or for any other purposes so specified, there shall be deemed to have been no break in the employment of any such person.
Textual Amendments
F32Words substituted by Civil Aviation Act 1982 (c. 16), Sch. 15 para. 22(a)
F33Words substituted by Civil Aviation Act 1982 (c. 16), Sch. 15 para. 22(b)
(introduced by section 2(10A))
Textual Amendments
F34Sch. 1A inserted (temp. from 24.6.2009 for certain purposes and otherwise prosp.) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 2(3), 4, 6(2)(3), 7, 11(1); S.S.I. 2009/242, art. 2
1SAn election held under this Schedule is known as a “Health Board election”.
2(1)A Health Board must hold the first Health Board election in the Health Board area on the day specified in election regulations.S
(2)Election regulations may specify different days for the first election in different Health Board areas.
(3)A Health Board must hold subsequent Health Board elections on the first Thursday falling after the end of the period of 4 years beginning with the day of the previous election.
(4)But a Health Board election may be held in a Health Board area before the day specified in sub-paragraph (3) if the Scottish Ministers make an order under section 77 specifying the date of a Health Board election in that area.
3(1)Each Health Board area is to be comprised of a single electoral ward unless election regulations specify that a Health Board area is to be divided into more than one ward.S
(2)If regulations specify such a division they must also specify—
(a)the number of electoral wards in the Health Board area,
(b)the boundaries of those wards, and
(c)the number of elected members to be elected in each ward.
(3)Before regulations specifying such a division are made—
(a)the Scottish Ministers must consult the Local Government Boundary Commission for Scotland, and
(b)the Commission must give the Scottish Ministers advice about the boundaries of the electoral wards which the Health Board is to be divided into.
4(1)Election regulations must appoint an individual as the returning officer for each ward in which a Health Board election is to be held.S
(2)Election regulations may make provision about—
(a)the tenure and vacation of office of a returning officer,
(b)the functions of a returning officer,
(c)a returning officer's fees and expenses,
(d)any other matters relating to returning officers that the Scottish Ministers consider appropriate.
5(1)The nomination of a candidate must be made—S
(a)within the period specified in election regulations (the “nomination period”), and
(b)in accordance with any other requirement made in those regulations.
(2)A candidate may withdraw from a Health Board election at any time before the end of the nomination period.
6SIf, at the end of the nomination period, the number of nominated candidates in an electoral ward is equal to or less than the number of elected members to be elected for that ward—
(a)the Health Board election is not to be held in the ward, and
(b)on the day on which the election was to be held the returning officer must—
(i)declare the nominated candidates (if any) to be deemed to have been elected as elected members for the ward, and
(ii)if the number of nominated candidates is less than the number of elected members to be elected for the ward, declare the number of vacancies in the ward.
7(1)In any other case, the elected members are to be elected for the electoral ward at a poll held in accordance with this paragraph.S
(2)At the poll, each individual entitled to vote may vote by marking on the ballot paper—
(a)the voter's first preference from among the candidates, and
(b)if the voter wishes to express a further preference for one or more candidates, the voter's second and, if the voter wishes, subsequent preferences from among those candidates.
(3)Election regulations must, in particular, make provision about—
(a)the manner in which and period during which votes may be cast,
(b)the form and content of ballot papers,
(c)the manner in which the number of votes which will secure the return of a candidate as an elected member is to be calculated,
(d)the procedure for counting votes,
(e)the declaration of the result of the poll.
8(1)An individual is disqualified from being a candidate in a Health Board election if the individual is—S
(a)a member of the European Parliament,
(b)a member of the House of Commons,
(c)a member of the House of Lords,
(d)a member of the Scottish Parliament, or
(e)a local authority councillor.
(2)Election regulations may make further provision about—
(a)who is qualified to be a candidate in a Health Board election, and
(b)the circumstances in which an individual may be disqualified from being a candidate,
and, in particular, may disqualify from being a candidate an individual holding a post set out in a list of restricted posts maintained by the Health Board concerned for that purpose.
9(1)An individual is entitled to vote at a Health Board election if the individual—S
(a)is aged 16 or over, and
(b)meets any further criteria specified in election regulations.
(2)Such further criteria may, in particular, provide that an individual is entitled to vote at a Health Board election only if the individual—
(a)is registered in the register of local government electors in respect of an address in the Health Board area, and
(b)would be entitled to vote at a local government election in an electoral area falling wholly or partly in the Health Board area (or would be so entitled if aged 18 or over).
(3)Election regulations may determine, or set out the criteria for determining, the electoral ward in which an individual is entitled to vote.
(4)Election regulations may not entitle an individual to vote—
(a)more than once in the same Health Board area, nor
(b)in more than one Health Board area.
10SElection regulations may make provision about the expenses which may be incurred by any person in connection with a Health Board election.
11(1)This paragraph applies if—S
(a)a returning officer declares a vacancy in an electoral ward (see paragraph 6), or
(b)an elected member vacates office before the end of the period mentioned in paragraph 10A(1) of Schedule 1.
(2)The Scottish Ministers may—
(a)direct the Health Board with the vacancy to invite an unelected candidate to fill the vacancy, or
(b)appoint, in accordance with any provision made by election regulations, an individual to fill the vacancy.
(3)If a vacancy arises less than 6 months before the date of the next Health Board election in the Health Board area where it arises, the Scottish Ministers may, instead of taking action under sub-paragraph (2), direct the Health Board to leave the vacancy unfilled until that next election.
(4)An individual who fills a vacancy is to be deemed to be an elected member of the Health Board elected for the ward in which the vacancy occurred.
(5)In sub-paragraph (2)(a), an “unelected candidate” is an individual who—
(a)was a nominated candidate in the last Health Board election to be held in the Health Board area, and
(b)is identified by criteria specified in election regulations.
12(1)The Scottish Ministers may make regulations (“election regulations”) in relation to any matter specified in this Schedule as something in relation to which provision may be made by election regulations.S
(2)Election regulations may make further provision about Health Board elections (in so far as not already provided for in this Schedule).
(3)In particular, election regulations may provide that an enactment applies (with or without modifications specified in the regulations) or does not apply to Health Board elections.
(4)In sub-paragraph (3), “enactment” includes an Act of the Scottish Parliament and any instrument made under such an Act.]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F35Sch. 2 repealed (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 5(16); S.S.I. 2004/148, art. 2(c)
Section 5.
Textual Amendments
Section 8.
The University Liaison Committee for any area or combination of areas shall consist of such number of members as the Secretary of State thinks fit; and of those members—
(a)not less than one-third shall be appointed by any university or universities appearing to the Secretary of State to have an interest in the health service in the area or combined areas;
(b)a number, equal to the number appointed under paragraph (a), shall be appointed by the Health Board for the area or, as the case may be, by the Health Boards for the combined areas acting jointly; and
(c)any other members shall be appointed in such manner as may be provided in the order constituting the Committee.
The Committee shall appoint one of their number to be chairman.
Section 10.
1SThe Agency shall be a body corporate and shall have a common seal.
2SThe affairs of the Agency shall be managed by a management committee constituted in accordance with paragraph 3.
3SThe management committee shall consist of a chairman appointed by the Secretary of State and [F37such other members as the Secretary of State may, after consultation with the Health Boards, appoint.]
Textual Amendments
F37Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 27(3), Sch. 5 para. 9
[F383ASThe Secretary of State may pay to the chairman of the management committee [F39and 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
F38Para. 3A inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 8(2)
4SThe 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.
5SThe 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.
6SAllowances 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.
7SThe Agency may employ such officers and servants on such terms as to remuneration and conditions of service as the management committee may, F40 determine [F41in accordance with regulations and any directions given under this paragraph by the Secretary of State].
Textual Amendments
F40Words repealed by Health Services Act 1980 (c. 53), Sch. 7
F41Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 8(3)(b)
[F427ASRegulations 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
[F437BSRegulations 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
P3Sch. 5 para. 7B: s. 105(7) (with s. 108(1) and Sch. 5 para. 7B) power exercised by S.I. 1991/345
Textual Amendments
F43Sch. 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)
C62Sch. 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))
C63Sch. 5 para. 7B applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I
C64Sch. 5 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))
7CSDirections 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)
C65Sch. 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
C66Sch. 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))
C67Sch. 5 para. 7C 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))
8SRegulations 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.
[F448ASIn connection with arrangements relating to community care services F45..., 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
F44Sch. 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
F45Words in Sch. 5 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(6)
8BSBefore making regulations under paragraph 7B or 8A, the Secretary of State shall consult such bodies and organisations as appear to him to be concerned.
9SNo officer or servant of the Agency to whom regulations [F46or any directions given under paragraph 7] apply shall be employed otherwise than in accordance with the regulations [F46or, as the case may be, the directions].
Textual Amendments
F46Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 8(4)
F4710S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F47Sch. 5 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))
F4811S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F48Sch. 5 para. 11 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. 3(2))
12SThe 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.
(introduced by section 10A(5))
Textual Amendments
F49Sch. 5A inserted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 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.
F50Sch. 5A inserted (1.8.2010 for certain purposes, 1.10.2010 for certain purposes and otherwise prosp.) 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.
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.
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.
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.
4SThe 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.
5SA 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.
6SHIS must pay to each of its members such—
(a)remuneration; and
(b)allowances and expenses,
as the Scottish Ministers may determine.
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.
Textual Amendments
F51Sch. 5A para. 7A inserted (8.6.2013) by Certification of Death (Scotland) Act 2011 (asp 11), s. 32(3), sch. 1 para. 2; S.S.I. 2013/159, art. 2, sch.
7A(1)HIS must appoint persons employed under paragraph 7(5) to exercise the functions of medical reviewers; and when doing so those employees are to be known as medical reviewers.S
(2)HIS must appoint a person employed under paragraph 7(5) to exercise the functions of the senior medical reviewer; and when doing so that employee is to be known as the senior medical reviewer.
(3)A person appointed as a medical reviewer or the senior medical reviewer must—
(a)be a medical practitioner;
(b)have been so throughout the 5 years prior to appointment; and
(c)have such other qualifications, training and experience as may be specified by regulations.
(4)A member of HIS may not exercise the functions of—
(a)a medical reviewer; or
(b)the senior medical reviewer.
(5)An employee of HIS (other than a medical reviewer) may not exercise any function of a medical reviewer other than those under section 17.
(6)An employee of HIS (other than the senior medical reviewer) may not exercise the functions of the senior medical reviewer (except by virtue of arrangements made under paragraph 11(2C)).
(7)An appointment as a medical reviewer or the senior medical reviewer does not affect the appointed person's status as employed under paragraph 7(5).]
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.
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.
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.
11(1)HIS may, subject to sub-paragraphs (2) [F52to] (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.
[F53(2A)HIS may authorise an employee to carry out the functions of a medical reviewer under section 17.
(2B)Any other function conferred on a medical reviewer or the senior medical reviewer may not, subject to sub-paragraph (2C), be delegated by HIS.
(2C)The senior medical reviewer may, with the approval of HIS, make arrangements for the functions of the senior medical reviewer to be carried out by a medical reviewer where the senior medical reviewer is absent or otherwise unavailable.]
(3)Sub-paragraph (1) does not affect the responsibility of HIS for the exercise of its functions.
Textual Amendments
F52Word in sch. 5A para. 11(1) substituted (8.6.2013) by Certification of Death (Scotland) Act 2011 (asp 11), s. 32(3), sch. 1 para. 3(a); S.S.I. 2013/159, art. 2, sch.
F53Sch. 5A para. 11(2A)-(2C) inserted (8.6.2013) by Certification of Death (Scotland) Act 2011 (asp 11), s. 32(3), sch. 1 para. 3(b); S.S.I. 2013/159, art. 2, sch.
12SHIS's determination of the location of its office premises is subject to the approval of the Scottish Ministers.
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.
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.]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F54Sch. 6 repealed (6.5.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 5(17); S.S.I. 2004/198, art. 2(c)
1SF65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F65Sch. 7 para. 1 repealed (1.11.2005) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(a), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2
2SThe Research Trust shall be a body corporate.
[F66Members
Textual Amendments
F66Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2
3SSubject to paragraph 3A, the Research Trust shall consist of such number of members appointed by the Trust as the Trust may determine.
Textual Amendments
F66Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2
3A(1)The persons who are the members of the Research Trust immediately before the day on which section 38 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) comes into force shall, on that day, continue to be members (the “continuing members”).S
(2)The terms and conditions of appointment of the continuing members shall, on the 90th day after whichever of the following occurs first—
(a)the day on which that section comes into force; or
(b)the day on which the Research Trust first make standing orders under paragraph 3F,
be the terms and conditions of appointment the Research Trust determine for the members appointed by them under paragraph 3B(1).
(3)The provisions of paragraphs 3B(2) and (3) to 3D and 3F shall apply to the continuing members as they apply to members appointed under paragraph 3; and in the application of paragraph 3C any period of appointment of a continuing member as a member (before he became a continuing member by virtue of sub-paragraph (1)) shall count for the purposes of determining eligibility for re-appointment in accordance with paragraph 3C.
Textual Amendments
F66Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2
Terms of office etc
3B(1)Subject to the provisions of this Schedule, the appointment of a member under paragraph 3 shall be on such terms and conditions as the Research Trust may determine, but shall not be for a period exceeding 4 years.S
(2)A person holds and vacates office as member in accordance with the person's terms of appointment.
(3)A person may resign office as member at any time by notice in writing to the Research Trust.
Textual Amendments
F66Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2
Eligibility for re-appointment
3CSA person who ceases to be a member of the Research Trust shall be eligible for re-appointment, but only once.
Textual Amendments
F66Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2
Payments to members
3DSThe Research Trust may make payments from their funds to their members in respect of any loss of earnings the members would otherwise have made or any additional expenses to which they would not otherwise have been subject, being loss of expenses necessarily suffered or incurred for the purpose of enabling the members to discharge their duties as members of the Trust.
Textual Amendments
F66Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2
Staff
3E(1)The Research Trust may appoint such staff, on such terms and conditions (including as to remuneration and allowances), as they consider appropriate.S
(2)The Research Trust may—
(a)pay, or make arrangements for the payment of;
(b)make payments towards the provision of; and
(c)provide and maintain schemes (whether contributory or not) for the payment of,
such pensions, allowances and gratuities to or in respect of such of their employees, or former employees, as they may determine.
(3)The reference in sub-paragraph (1) to pensions, allowances and gratuities includes a reference to pensions, allowances and gratuities by way of compensation for loss of employment or reduction in remuneration.
Textual Amendments
F66Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2
Standing orders
3F(1)The Research Trust—S
(a)shall make and maintain standing orders regulating—
(i)the appointment by them of members;
(ii)the appointment of a member as convener;
(iii)the terms and conditions of office of members and convener;
(iv)their procedure;
(v)such other matters as the Research Trust consider appropriate;
(b)may, subject to sub-sub-paragraph (a), amend such standing orders from time to time.
(2)The first set of standing orders under this paragraph shall be made before the expiry of the period of 90 days beginning with the day on which section 38 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) comes into force.
(3)Subject to the provisions of this Schedule, the Research Trust may regulate their own procedure.
(4)The validity of any proceedings of the Research Trust shall not be affected by any vacancy in membership nor by any defect in the appointment of a member.
Textual Amendments
F66Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2
Powers etc.
3GSThe Research Trust may do anything which appears to them to be necessary or expedient for the purpose of, or in connection with, the exercise of their functions.
Textual Amendments
F66Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2
4SF67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F66Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2
F67Sch. 7 para. 4 repealed (1.1.2006) by Charities and Trustee Investment (Scotland) Act 2005 (asp 10), ss. 95, 107(2), Sch. 3 para. 5; S.S.I. 2005/644, art. 2(1), Sch.
5SThe Research Trust shall have, in relation to their funds, the like powers as trustees have in relation to their trust estate under subsection (1) of section 4 of the M10Trusts (Scotland) Act 1921.
Textual Amendments
F66Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2
Marginal Citations
6SWhere the Research Trust borrow money or draw upon capital to meet expenditure of a capital nature, they shall set aside annually a sum sufficient to repay such loan or draft within a period which F68. . . shall not exceed 30 years; but this paragraph shall not apply in the case of a draft on capital to the extent only of surplus income added to capital.
Textual Amendments
F66Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2
F68Words in Sch. 7 para. 6 repealed (1.11.2005) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(c), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2
7SF69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F66Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2
F69Sch. 7 para. 7 repealed (1.11.2005) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(d), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2
Textual Amendments
F70Schs. 7A, 7B inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 32, Sch. 6
F71Sch. 7A repealed (1.9.2004 but only for the purpose stated in art. 2(a)(i) of the commencing S.S.I.) by National Health Service Reform (Scotland) Act 2004 (asp 7), ss. 1(1), 12(1), S.S.I. 2004/361, art. 2(a)(i)
Modifications etc. (not altering text)
C68Sch. 7A applied in part (1.4.1999) by S.I. 1999/686, art. 5(1)(2)
1SAny reference in this Part of this Schedule to an order is a reference to an order under section 12A(1) establishing an NHS trust or any subsequent order under that provision amending or revoking a previous order.
Subordinate Legislation Made
P4Sch. 7A para. 1: s. 12A(1)(4) (with Sch. 7A paras. 1, 3, 4, 5, 6(2)(d)) power exercised (18.12.1991) by S.I. 1991/2898.
Sch. 7A para. 1: s. 12A(1)(4) (with Sch. 7A paras. 1, 3, 4, 5, 6(2)(d)) power exercised (18.12.1991) by S.I. 1991/2899.
2SThe provisions made by an order shall be in conformity with any general provision made by regulations under section 12A(5).
3(1)Without prejudice to any amendment made by subsequent order, the first order to be made in relation to any NHS trust shall specify—S
(a)the name of the trust;
(b)the functions of the trust;
(c)the number of executive directors and [F72trustees];
(d)where the trust is to be regarded as having a significant teaching commitment, a provision to secure the inclusion in the [F72trustees] referred to in paragraph (c) of a person appointed from a university with a medical or dental school specified in the order;
(e)the operational date of the trust, that is to say, the date on which the trust is to begin to undertake the whole of the functions conferred on it; and
(f)if a scheme is to be made under section 12B, the body (being a Health Board or the Agency) which is to make the scheme.
(2)For the purposes of sub-paragraph (1)(d), an NHS trust is to be regarded as having a significant teaching commitment in the following cases—
(a)if the trust is established to [F73provide services at] a hospital or other establishment or facility which, in the opinion of the Secretary of State, has a significant teaching and research commitment; and
(b)in any other case, if the Secretary of State so provides in the order.
(a)is employed by the university in question; and
(b)would also, apart from this sub-paragraph, be regarded as employed by the trust,
his employment by the trust shall be disregarded in determining whether, if appointed, he will be a [F72trustee] of the trust.
(4)An order shall specify the accounting date of the trust.
Textual Amendments
F72Words in Sch. 7A para. 3(1)(c)(d),(3) substituted (1.10.1999) by virtue of 1999 c. 8, s. 65, Sch. 4 para. 62; S.S.I. 1999/90, art. 2(b), Sch. 1
F73Words in Sch. 7A para. 3(2)(a) substituted (retrospectively) by 1999 c. 8, s. 46(6)(8); S.S.I. 1999/90, art. 2(a), Sch. 1
4(1)An order may require a Health Board and the Agency to make staff, premises and other facilities available to an NHS trust pending the transfer or appointment of staff to or by the trust and the transfer of premises or other facilities to the trust.S
(2)An order making provision under this paragraph may make provision with respect to the time when the Health Board’s functions under the provision are to come to an end.
5(1)An order may provide for the establishment of an NHS trust with effect from a date earlier than the operational date of the trust and, during the period between that earlier date and the operational date, the trust shall have such limited functions for the purposes of enabling it to begin to operate satisfactorily with effect from the operational date as may be specified in the order.S
(2)If an order makes the provision referred to in sub-paragraph (1), then, at any time during the period referred to in that sub-paragraph, the NHS trust shall be regarded as properly constituted (and may carry out its limited functions accordingly) notwithstanding that, at that time, all or any of the executive officers have not yet been appointed.
(3)If an order makes the provisions referred to in sub-paragraph (1) above, the order may require a Health Board to discharge such liabilities of the NHS trust as—
(a)may be incurred during the period referred to in that sub-paragraph; and
(b)are of a description specified in the order.
6[F74(1)In carrying out the functions for the time being conferred on it an NHS trust shall comply with any directions given to it by the Secretary of State, whether of a general or of a particular nature.]S
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F74Sch. 7A para. 6(1) substituted (1.10.1999) by 1999 c. 8, s. 49(2); S.S.I. 1999/90, art. 2(a), Sch. 1
7(1)For each accounting year an NHS trust shall prepare and send to the Secretary of State an annual report in such form as may be determined by the Secretary of State.S
(2)At such time or times as may be prescribed, an NHS trust shall hold a public meeting at which its audited accounts, its annual report, and such other documents as may be prescribed shall be presented.
(3)In such circumstances and at such time or times as may be prescribed, an NHS trust shall hold a public meeting at which such documents as may be prescribed shall be presented.
Subordinate Legislation Made
P5Sch. 7A para. 7(2): S. 12A(5) (with ss. 105(7), 108(1) and Sch. 7A para. 7(2)) power exercised by S.I. 1991/535
8SAn NHS trust shall furnish to the Secretary of State such reports, returns and other information, including information as to its forward planning as, and in such form as, he may require.
9(1)An NHS trust shall be liable to pay—S
(a)to the chairman and any [F75trustee] of the trust—
(i)remuneration of an amount determined by the Secretary of State, not exceeding such amount as may be approved by the Treasury; and
(ii)such travelling and other allowances as may be determined by the Secretary of State with the approval of the Treasury; and
(b)to any member of a committee or sub-committee of the trust who is not also a director such travelling and other allowances as may be so determined.
(2)If an NHS trust so determines in the case of a person who is or has been a chairman of the trust, the trust shall be liable to pay such pension, allowances or gratuities to or in respect of him as may be determined by the Secretary of State with the approval of the Treasury.
(3)Different determinations may be made under sub-paragraph (1) or (2) in relation to different cases or description of cases.
Textual Amendments
F75Words in s. 9(1)(a) substituted (1.10.1999) by virtue of 1999 c.8, s. 65, Sch. 4 para. 62(a); S.I. 1999/90, art. 2(b), Sch. 1
10SAn NHS trust may enter into NHS contracts.
11SAn NHS trust may undertake and commission research and make available staff and provide facilities for research by other persons.
12SAn NHS trust may—
(a)provide training for persons employed or likely to be employed by the trust or otherwise in the provision of services under this Act; and
(b)make facilities and staff available in connection with training by a university or any other body providing training in connection with the health service.
13SAn NHS trust may enter into arrangements for the carrying out on such terms as seem to it to be appropriate, of any of its functions jointly with any Health Board, with the Agency, with another NHS trust or with any other body or individual.
14SAccording to the nature of its functions, an NHS trust may make accommodation or services or both available for patients who give undertakings (or for whom undertakings are given) to pay, in respect of the accommodation or services (or both) such charges as the trust may determine.
15SFor the purpose of making additional income available in order better to perform its functions, an NHS trust shall have the powers specified in section 7(2) of the Health and Medicines Act M111988 (extension of powers of Secretary of State for financing the Health Service).
16SSubject to Schedule 7B, an NHS trust shall have power to do anything which appears to it to be necessary or expedient for the purpose of or in connection with the discharge of its functions, including in particular power—
(a)to acquire and dispose of land and other property;
(b)to enter into such contracts as seem to the trust to be appropriate;
(c)to accept gifts of money, land or other property, including money, land or other property to be held on trust, for purposes relating to any service which it is their function to provide, administer, or make arrangements for F76. . .; and
(d)to employ staff on such terms as the trust thinks fit.
Textual Amendments
F76Words in Sch. 7A para. 16(c) repealed (1.10.1999) by 1999 c. 8, s. 65, Sch. 4 para. 62(b), Sch. 5; S.S.I. 1999/90, art. 2(a)-(c), Schs. 1, 2
17SIn connection with arrangements relating to community care services F77..., the Secretary of State may by regulations make provision with respect to—
(a) the transfer to employment by a local authority of staff employed by an NHS trust; and
(b)the transfer to employment by a national Health Service body of staff transferred to employment by a local authority by virtue of this paragraph.
and for the purposes of this paragraph “ National Health Service body ” means an NHS trust, a Health Board or the Agency.
Textual Amendments
F77Words in Sch. 7A para. 17 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(7)
18SRegulations made under paragraph 17 may make such incidental and consequential provision in relation to staff transferred by virtue of that paragraph as may be made in relation to officers and servants of a Health Board transferred by virtue of regulations made under paragraph 8A of Schedule 1.
19SBefore making regulations under paragraph 17, the Secretary of State shall consult such bodies and organisations as appear to him to be concerned.
20(1)Without prejudice to the generality of paragraph 16, to or in respect of such of its employees as it may determine, an NHS trust may make such arrangements for providing pensions, allowances or gratuities as it may determine; and such arrangements may include the establishment and administration, by the trust or otherwise, of one or more pension schemes.S
(2)The reference in sub-paragraph (1) to pensions, allowances or gratuities to or in respect of employees of an NHS trust includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the trust’s employees who suffer loss of office or employment or loss of diminution of emoluments.
21SAn NHS trust shall not be regarded as the servant or agent of the Crown or, except as provided by this Act, as enjoying any status, immunity or privilege of the Crown; and an NHS trust’s property shall not be regarded as property of, or property held on behalf of, the Crown.
22(1)In any case where an NHS trust provides goods or services for the benefit of an individual and—S
(a)those goods or services are not provided pursuant to an NHS contract; and
(b)the condition of the individual is such that he needs those goods or services and, having regard to his condition, it is not practicable before providing them to enter into an NHS contract for their provision, and
(c)the provision of those goods or services is a function of a Health Board or is within the primary functions of a [F78Health Authority established under section 8] of the National Health Service Act 1977, F79. . .
the trust shall be remunerated by that Board F80. . . [F81or Health and Social Services Board] in respect of the provision of the goods or services in question.
(2)The rate of any remuneration payable by virtue of sub-paragraph (1) shall be calculated in such manner or on such basis as may be determined by the Secretary of State.
Textual Amendments
F78Words in Sch. 7A para. 22(1)(c) substituted (28.6.1995 for certain purposes and 1.4.1996 for all other purposes) by 1995 c. 17, ss. 2(1), 2(3), 8(1), Sch. 1 Pt. III para. 102(7)(b)(i) (with Sch. 2 para. 6)
F79Words in Sch. 7A para. 22(1)(c) repealed (1.10.1999) by 1999 c. 8, s. 65, Sch. 4 para. 62(c), Sch. 5; S.S.I. 1999/90, art. 2(a)-(c), Schs. 1, 2
F80Words in Sch. 7A para. 22(1) repealed (1.10.1999) by 1999 c. 8, s. 65, Sch. 4 para. 62(c), Sch. 5; S.S.I. 1999/90, art. 2(a)-(c), Schs. 1, 2
F81Words in Sch. 7A para. 22(1) inserted by S.I. 1991/195, art. 4(6)
F8223S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F82Sch. 7A para. 23 repealed (1.10.1999) by 1999 c. 8, s. 65, Sch. 4 para. 62(d), Sch. 5; S.S.I. 1999/90, art. 2(a)-(c), Schs. 1, 2
24U.K.Where land consisting of a church or other building used or formerly used for religious worship, or the site thereof, or a burial ground, within the meaning of [F83section 197 of the Town and Country Planning (Scotland) Act 1997] (provisions as to churches and burial grounds), is held by an NHS trust for any of its purposes, that section applies to the land as if—
(a)the land had been acquired by the trust as mentioned in subsection (1) of that section; and
(b)the trust were a statutory undertaker, within the meaing of that Act.
Textual Amendments
F83Words in Sch. 7A para. 24 substituted (27.5.1997) by virtue of 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 46(1)
25(1)The Secretary of State may by order dissolve an NHS trust.S
(2)An order under this paragraph may be made—
(a)on the application of the NHS trust concerned; or
(b)if the Secretary of State considers it appropriate in the interests of the health service as a whole.
(3)Except where it appears to the Secretary of State necessary to make an order under this paragraph as a matter of urgency, no such order shall be made until after the completion of such consultation as may be prescribed.
26(1)If an NHS trust is dissolved under this Part of this Schedule, the Secretary of State may by order transfer or provide for the transfer to—S
(a)the Secretary of State, or
(b)a Health Board, or
(c)the Agency, or
(d)another NHS trust.
of such of the property, rights and liabilities of the NHS trust which is dissolved as in his opinion is appropriate and any such order may include provisions corresponding to those of section 12D.
[F84(1A)For the avoidance of doubt, the reference to “property, rights and liabilities” in sub-paragraph (1) includes endowments and property held in trust.]
(2)An order under this paragraph may make provision in connection with the transfer of staff employed by or for the purposes of the NHS trust which is dissolved; and such an order may include provisions corresponding to those of sections 12B and 12C, including provision for the making of a scheme by such body (being a Health Board or the Agency) as may be specified in the order.
(3)No order shall be made under this paragraph until after completion of such consultation as may be prescribed.
Textual Amendments
F84Sch. 7A para. 26(1A) inserted (30.9.2004) by National Health Service Reform (Scotland) Act 2004 (asp 7), ss. 1(3), 12(1); S.S.I. 2004/361, art. 2(b)(i)
27SIf an NHS trust is dissolved under this Part of this Schedule, the Secretary of State or such other NHS trust or Health Board as he may direct or, if he so directs, the Agency shall undertake the responsibility for the continued payment of any such pension, allowances or gratuities as, by virtue of paragraph 9(2) or paragraph 20 above, would otherwise have been the responsibility of the trust which has been dissolved.
28SAn NHS trust may not be dissolved or wound up except in accordance with this Part of this Schedule.]
Textual Amendments
1(1)Subject to [F86any direction given by the Secretary of State, to]]the provisions of this paragraph and to any limit imposed under the following provisions of this Schedule, for the purpose of its functions an NHS trust may borrow (both temporarily, by way of overdraft, and longer term) from the Secretary of State or from any other person.S
(2)An NHS trust may not grant any security over any of its assets or in any other way use any of its assets as security for a loan.
F87(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F87(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F87(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F88(6)It shall be for the Secretary of State, with the consent of the Treasury, to determine the terms of any loan made by him to an NHS trust (including terms as to the payment of interest, if any).]
Textual Amendments
F86Words in Sch. 7B para. 1(1) inserted (1.10.1999) by 1999 c. 8, s. 55(2); S.S.I. 1999/90, art. 2(a), Sch. 1
F87Sch. 7B para. 1(3)-(5) repealed (1.10.1999) by 1999 c. 8, ss. 55(3), 65(2), Sch. 5; S.S.I. 1999/90, art. 2(a)(c), Sch. 1, Sch. 2
F88Sch. 7B para. 1(6) substituted (1.10.1999) by 1999 c. 8, s. 55(4); S.S.I. 1999/90, art. 2(a)
2(1)The Secretary of State may guarantee, in such manner and on such conditions as, with the approval of the Treasury, he considers appropriate, the repayments of the principal of and the payment of interest on any sums which an NHS trust borrows from a person other than the Secretary of State.S
(2)Immediately after a guarantee is given under this paragraph, the Secretary of State shall lay a statement of the guarantee before each House of Parliament.
(3)Where any sum is issued for fulfilling a guarantee so given, the Secretary of State shall lay before each House of Parliament a statement relating to that sum as soon as possible after the end of each financial year beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged.
(4)If any sums are issued in fulfilment of a guarantee given under this paragraph, the NHS trust concerned shall make to the Secretary of State, at such times and in such manner as the Secretary of State may from time to time direct,—
(a)payments of such amounts as the Secretary of State with the consent of the Treasury so directs in or towards repayment of the sums so issued; and
(b)payments of interest, at such rates as the Secretary of State with the consent of the Treasury so directs, on what is outstanding for the time being in respect of sums so issued.
Textual Amendments
F89Cross-heading and Sch. 7B paras. 2A, 2B inserted (1.4.2000) by 2000 asp 1, s. 8, Sch. 1 para. 2(1); S.S.I. 2000/10, art. 2(3)
F902ASIn any financial year the net aggregate amount of sums borrowed by NHS trusts shall not exceed the amount specified for that year for the purposes of this paragraph in a Budget Act.
Textual Amendments
F90Sch. 7B paras. 2A, 2B and cross-heading inserted (1.4.2000) by 2000 asp 1, s. 8, Sch. 1 para. 2(1); S.S.I. 2000/10, art. 2(3)
F912BSIn paragraph 2A above, “net aggregate amount” means the aggregate amount of sums borrowed in the financial year less any repayments made during that year (otherwise than by way of interest) in respect of sums borrowed in that or any other year.]
Textual Amendments
F91Sch. 7B paras. 2A, 2B and cross heading inserted (1.4.2000) by 2000 asp 1, s. 8, Sch. 1 para. 2(1); S.S.I. 2000/10, art. 2(3)
F923S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F92Sch. 7B paras. 3-4 repealed (1.4.2000) by 2000 asp 1, s. 8, Sch. 1 para. 2(2); S.S.I. 2000/10, art. 2(3)
F934S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F93Sch. 7B paras. 3-4 repealed (1.4.2000) by 2000 asp 1, s. 8, Sch. 1 para. 2(2); S.S.I. 2000/10, art. 2(3)
5(1)If the Secretary of State, with the consent of the Treasury, considers it appropriate to do so, he may, instead of making a loan to an NHS trust under paragraph 1, pay an amount to the trust as public dividend capital.S
F94(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F94Sch. 7B para. 5(2) repealed (1.10.1999) by 1999 c. 8, ss. 53(6), 65(2), Sch. 5; S.S.I. 1999/90, art. 2(a)(c), Sch. 1, Sch. 2
6SIf it appears to the Secretary of State that any [F95sum held by an NHS trust other than a sum held on trust under section 12G] is surplus to its foreseeable requirements, the trust shall, if the Secretary of State with the approval of the Treasury and after consultation with the trust so directs, pay [F95that sum] into the Consolidated Fund.
Textual Amendments
F95Words in Sch. 7B para. 6 substituted (1.10.1999) by 1999 c. 8, s. 65(1), Sch. 4 para. 63(2)(a)(b); S.S.I. 1999/90, art. 2(a)(b), Sch. 1
[F967S An NHS trust shall have power to invest money held by it in any investments, including investments which do not produce income, specified in directions made by the Secretary of State with the consent of the Treasury; but nothing in this paragraph applies in relation to money held on trust under section 12G.]
Textual Amendments
F96Sch. 7B para. 7 substituted (1.10.1999) by 1999 c. 8, s. 65(1), Sch. 4 para. 63(3); S.S.I. 1999/90, art. 2(a)(b), Sch. 1
[F978SAny direction with respect to—
(a)the power conferred on an NHS trust by paragraph 1; or
(b)the maximum amount which an NHS trust may invest in any investment or class of investment,
may be given only with the consent of the Treasury.]
Textual Amendments
F97Sch. 7B para. 8 inserted (1.10.1999) by 1999 c. 8, s. 65(1), Sch. 4 para. 63(4); S.S.I. 1999/90, art. 2(a)(b), Sch. 1
Section 29.
[F981SThe Tribunal shall consist of—
(a)a chairman appointed by the Lord President of the Court of Session,
(b)such number of deputy chairmen as may be so appointed,
(c)such number of persons as the Secretary of State may appoint for the purposes of this sub-paragraph,
(d)such number of medical practitioners as the Secretary of State may appoint for the purposes of this sub-paragraph,
(e)such number of medical practitioners having the qualifications prescribed under section 26 as the Secretary of State may appoint for the purposes of this sub-paragraph,
(f)such number of dental practitioners as the Secretary of State may appoint for the purposes of this sub-paragraph,
(g)such number of ophthalmic opticians as the Secretary of State may appoint for the purposes of this sub-paragraph, and
(h)such number of registered pharmacists as the Secretary of State may appoint for the purposes of this sub-paragraph.]
Textual Amendments
F98Sch. 8 paras. 1-4 substituted for Sch. 8 paras. 1-6 (1.1.1996) by 1995 c. 31, s. 12(2); S.I. 1995/3214, art. 2(1), Sch. (with art. 3)
Modifications etc. (not altering text)
C69Sch. 8 para 1 amended (prosp.) by 1954 c. 61 s. 13I (as inserted by 1997 c. 19, s. 1 Sch.)
F992SA person appointed as the chairman or a deputy chairman shall be a practising—
(a)advocate; or
(b)solicitor,
of not less than ten years’ standing.
Textual Amendments
F99Sch. 8 paras. 1-4 substituted for Sch 8 paras. 1-6 (1.1.1996) by 1995 c. 31, s. 12(2); S.I. 1995/3214, art. 2(1), Sch. (with art. 3)
F1003SAny appointment for the purposes of paragraph 1(c) above shall be made after consultation with such body as the Secretary of State may recognise as representative of Health Boards.
Textual Amendments
F100Sch. 8 paras. 1-4 substituted for Sch. 8 paras. 1-6 (1.1.1996) by 1995 c. 31, s. 12(2); S.I. 1995/3214, art. 2(1), Sch. (with art. 3)
F1014SAny appointment for the purposes of any of sub-paragraphs (d) to (h) of paragraph 1 above shall be made after consultation with such organisations as the Secretary of State may recognise as representative of the profession or calling concerned.
Textual Amendments
F101Sch. 8 paras. 1-4 substituted for Sch. 8 paras. 1-6 (1.1.1996) by 1995 c. 31, s. 12(2); S.I. 1995/3214, art. 2(1), Sch. (with art. 3)
7SRegulations may make provision—
(a)with respect to the appointment, tenure of office and vacation of office of members of the Tribunal;
(b)with respect to the appointment of officers of the Tribunal.
[F1038(1)The functions of the Tribunal shall be exercised by three members consisting of—S
(a)the chairman or a deputy chairman,
(b)a person appointed under paragraph 1(c) above, and
(c)a person appointed under such one of sub-paragraphs (d) to (h) of paragraph 1 above as provides for the appointment of persons of the same profession or calling as that of the person concerned.
(2)In sub-paragraph (1)(c) above [F104as it has effect in relation to the functions mentioned below], the reference to the person concerned is—
(a)in the case of functions under [F105section 29 to 29C], to the person to whom the representations in question relate,
(b)in the case of functions under section 30 (or paragraph 6 of Schedule 15), to the person whose [F106disqualification or conditional disqualification] is under consideration,
(c)in the case of functions under section 32A, to the person to whom the application in question relates, and
(d)in the case of functions under section 32B, to the person in relation to whom [F107section 32A(3) may be made to apply or continue to apply].
(2A)F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In the case of functions under section 32A or 32B, sub-paragraph (1) above is subject to section 32C(2)(b).]
Textual Amendments
F103Sch. 8 para. 8 inserted (1.1.1996) by 1995 c. 31, s. 12(3); S.I. 1995/3214, art. 2(1), Sch. (with art. 3)
F104Words in Sch. 8 para. 8(2) inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 58(2); S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)
F105Words in Sch. 8 para. 2(a) substituted (4.3.2004) by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 64(a); S.S.I. 2004/32, art. 2(2)(c) (with savings for effects of 1999 c. 8 by S.S.I. 2004/31, art. 3)
F106Words in Sch. 8 para. 8(2)(b) substituted (1.4.2006) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 42(1), 43(3), Sch. 2 para. 2(20); S.S.I. 2006/121, art. 3(b), Sch. 2
F107Words in Sch. 8 para. 2(d) substituted (4.3.2004) by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 64(c); S.S.I. 2004/32, art. 2(2)(c) (with savings for effects of 1999 c. 8 by S.S.I. 2004/31, art. 3)
F108Sch. 8 para. 8(2A) repealed (2.7.2010) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 42(2), 43(3), Sch. 3; S.S.I. 2010/185, art. 3(b), Sch. 2 Table
Section 35.
1(1)Any person who sells or buys the goodwill F109. . .of a medical practice which it is unlawful to sell by virtue of section 35(1) is guilty of an offence and liable on conviction on indictment to a fine F110 or to imprisonment for a term not exceeding 3 months, or to both such fine and such imprisonment.S
F111(2)Any person proposing to be a party to a transaction or series of transactions which he thinks might amount to a sale of the goodwill of a medical practice in contravention of section 35(1) may ask the [F112Health Board which has arrangements with the [F113person, under which, or in accordance with which, services as specified in section 35(1) are provided or performed,]] for a certificate under this paragraph.
(3)[F114That Health Board] shall consider any such application, and, if they are satisfied that the transaction or series of transactions does not involve the giving of valuable consideration in respect of the goodwill, or any part of the goodwill F115. . . of such a medical practice, they shall issue to the applicant a certificate to that effect, which shall be in the prescribed form and shall set out all material circumstances disclosed to [F116the Board].
(4)Where any person is charged with an offence under this paragraph in respect of any transaction or series of transactions, it shall be a defence to the charge to prove that the transaction or series of transactions was certified by the [F117Health Board] under sub-paragraph (3).
(5)Any document purporting to be such a certificate shall be admissible in evidence and shall be deemed to be such a certificate unless the contrary is proved.
(6)If it appears to the court that the applicant for any such certificate failed to disclose to the [F118Board] all the material circumstances, or made any misrepresentation with respect thereto, the court may disregard the certificate, and sub-paragraph (4) shall not apply thereto.
(7)[F119A Health Board] shall, at the request of the Lord Advocate, furnish him with a copy of any certificate issued by them under sub-paragraph (3), and with copies of any documents produced to them in connection with the application for that certificate.
F120(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F109Words in Sch. 9 para. 1(1) repealed (1.4.1998) by 1997 c. 46, s. 41(10)(12), Sch. 2 Pt. I para. 59(2), Sch. 3 Pt. I; S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)
F110Sch. 9 para. 1(1)(a)(b) and words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
F111Sch. 9 para. 1(2) substituted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 59(3); S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)
F112Words in Sch. 9 para. 1(2) substituted (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 5(18)(a); S.S.I. 2004/148, art. 2(c)
F113Words in Sch. 9 para. 1(2) substituted (1.2.2006) by The Primary Medical Services (Scotland) Act 2004 (Modification of the National Health Service (Scotland) Act 1978) Order 2006 (S.S.I. 2006/30), {art. 2(6)(a)}
F114Words in Sch. 9 para. 1(3) substituted (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 5(18)(b)(i); S.S.I. 2004/148, art. 2(c)
F115Words in Sch. 9 para. 1(3) repealed (1.4.1998) by 1997 c. 46, s. 41(10)(12), Sch. 2 Pt. I para. 59(2), Sch. 3 Pt. I; S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)
F116Words in Sch. 9 para. 1(3) substituted (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 5(18)(b)(ii); S.S.I. 2004/148, art. 2(c)
F117Words in Sch. 9 para. 1(4) substituted (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 5(18)(c); S.S.I. 2004/148, art. 2(c)
F118Words in Sch. 9 para. 1(6) substituted (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 5(18)(d); S.S.I. 2004/148, art. 2(c)
F119Words in Sch. 9 para. 1(7) substituted (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 5(18)(e); S.S.I. 2004/148, art. 2(c)
F120Sch. 9 para. 1(8) repealed (1.4.1998) by 1997 c. 46, s. 41(10)(12), Sch. 2 Pt. I para. 59(4), Sch. 3 Pt. I; S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)
Modifications etc. (not altering text)
C70Sch. 9 para. 1(3) modified (31.3.1995) by S.I. 1995/416, reg. 18, Sch. 8
2[F121F121(1)For the purposes of section 35(1) and paragraph 1, a disposal of premises previously used for the purposes of a medical practice shall be deemed to be a sale of the goodwill of a medical practice if—S
(a)the person disposing of the premises did so knowing that another person (“A") intended to use them for the purposes of A’s medical practice; and
(b)the consideration for the disposal substantially exceeded the consideration that might reasonably have been expected if the premises had not previously been used for the purposes of a medical practice.
F121(1A)If a person disposes of any premises together with any other property, the court shall, for the purposes of sub-paragraph (1), make such apportionment of the consideration as it thinks just.
F121(1B)For the purposes of sub-paragraphs (1) and (1A)—
(a)“disposal” means any sale, letting or other form of disposal (whether by a single transaction or a series of transactions) and “disposes” and “disposing” are to be read accordingly; and
(b)a person who procures the disposal of any premises is to be treated as having disposed of them.]
(2)Where in pursuance of any partnership agreement F122. . .—
(a)any valuable consideration, other than the performance of services in the partnership business, is given by a partner or proposed partner as consideration for his being taken into partnership.
(b)any valuable consideration is given to a partner, on or in contemplation of his retirement or of his acceptance of a reduced share of the partnership profits, or to the personal representative of a partner on his death, not being a payment in respect of that partner’s share in past earnings of the partnership or in any partnership assets or any other payment required to be made to him as the result of the final settlement of accounts, as between him and the other partners, in respect of past transactions of the partnership, or
(c)services are performed by any partner for a consideration substantially less than those services might reasonably have been expected to be worth having regard to the circumstances at the time when the agreement was made,
there shall be deemed for the purposes of section 35(1) and paragraph 1 to have been a sale of the goodwill F123. . . of the practice of any partner to whom, or to whose personal representative, the consideration or any part thereof is given or, as the case may be, for whose benefit the services are performed, to the partner or each of the partners by or on whose behalf the consideration or any part thereof was given or, as the case may be, the partner who performed the services, and the said sale shall be deemed for the purposes of section 35(1) and paragraph 1 to have been effected—
(i)in a case to which paragraph (a) or paragraph (b) applies, at the time when the consideration was given, or, if the consideration was not all given at the same time, at the time when the first part thereof was given, or
(ii)in a case to which paragraph (c) applies, at the time when the agreement was made.
[F124(3)Sub-paragraph (3A) applies if a person (“the assistant”)—
(a)performs services on behalf of a person who carries on a medical practice (or as an employee of a person employing a practitioner who carries on a medical practice);
(b)receives substantially less remuneration for performing those services than might reasonably have been expected, having regard to the circumstances at the time when the remuneration was fixed; and
(c)subsequently succeeds, whether as a result of a partnership agreement or otherwise, to that practice.
F124(3A)For the purposes of section 35 and paragraph 1, a sale of the goodwill of the practice is to be deemed to have taken place (at the time when the remuneration was fixed), unless it is proved that the remuneration was not fixed in contemplation of the assistant’s succeeding to the practice.]
[F125(4)For the purposes of section 35(1) and paragraph 1, the goodwill of a medical practice shall be deemed to have been sold if—
(a)a person carrying on the practice (or employing a practitioner who carries on a medical practice) agrees, for valuable consideration—
(i)to do or refrain from doing any act, for the purpose of facilitating the succession of another person to the practice; or
(ii)to allow any act to be done, for that purpose; or
(b)a person—
(i)gives valuable consideration to a person carrying on the practice (or employing a practitioner who carries on a medical practice); and
(ii)succeeds, or has previously succeeded, to the practice.
F125(5)Sub-paragraph (4) does not apply—
(a)if it is proved that no part of the consideration was given in respect of the goodwill; or
(b)to anything done—
(i)in relation to the acquisition of premises for the purposes of a medical practice;
(ii)in pursuance of a partnership agreement; or
(iii)in the performance of medical services by one person as an assistant to another.]
(6)In determining for the purposes of section 35(1) and this Schedule the consideration given in respect of any transaction, the court shall have regard to any other transaction appearing to the court to be associated with the first transaction, and shall estimate the total consideration given in respect of both or all the transactions, and shall apportion it between those transactions in such manner as it thinks just.
[F126(7)For the purposes of section 35 and this Schedule—
(a)consideration is deemed to be given to a person (“B") if—
(i)it is given to another person but with B’s knowledge and consent; and
(ii)it appears to the court that B has derived, or will derive, a substantial benefit from the giving of the consideration; and
(b)unless the context otherwise requires, references to a person include, in the case of an individual who has died, references to his personal representative.]
Textual Amendments
F121Sch. 9 para. 2(1)(1A)(1B) substituted for Sch. 9 para. 2(1) (1.4.1998) by 1997 c. 47, s. 41(10), Sch. 2 Pt. I para. 59(5); S.I. 1998/631, art. 2(1)(b), Sch. 2 (withg arts. 3, 5)
F122Words in Sch. 9 para. 2(2) repealed (1.4.1998) by 1997 c. 46, s. 41(10)(12), Sch. 2 Pt. I para. 59(6))a), Sch. 3 Pt. I; S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)
F123Words in Sch. 9 para. 2(2) repealed (1.4.1998) by 1997 c. 46, s. 41(10)(12), Sch. 2 Pt. I para. 59(6)(b), Sch. 3 Pt. I; S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)
F124Sch. 9 para. 2(3)(3A) substituted for Sch. 9 para. 2(3) (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 59(7); S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)
F125Sch. 9 para 2(4)(5) substituted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 59(8); S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)
F126Sch. 9 para. 2(7) substituted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 59(9); S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)
Textual Amendments
F127Sch. 9 para 3 and crossheading inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 59(10); S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)
F1283SThe fact that a person’s medical practice was previously carried on by another person who at any time provided [F129or performed services as specified in section 35(1)] does not, by itself, make it unlawful under section 35(1) for the goodwill of his practice to be sold.]
Textual Amendments
F128Sch. 3 and heading inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 59(10); S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)
F129Words in Sch. 9 para. 3 substituted (1.2.2006) by The Primary Medical Services (Scotland) Act 2004 (Modification of the National Health Service (Scotland) Act 1978) Order 2006 (S.S.I. 2006/30), {art. 2(6)(b)}
Section 49.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F130Sch. 10 omitted (S.) (7.8.2017) by virtue of Health Services Medical Supplies (Costs) Act 2017 (c. 23), ss. 10(1)(b), 12(3); S.I. 2017/809, reg. 2(h) (with reg. 3)
Sections 69—71.
1(1)No charge shall be made under section 69(1) in relation to the supply of drugs, medicines and appliances referred to in paragraph (a) of that subsection in respect of—S
(a)the supply of any drug, medicine or appliance for a patient who is for the time being resident in hospital, or
(b)the supply of any drug or medicine [F131 (otherwise than in accordance with section 17C arrangements)] for the treatment of venereal disease, or
(c)the supply of any appliance for a person who is under 16 years of age [F132or is under 19 years of age and is receiving qualifying full-time education, or]
(d)the replacement or repair of any appliance in consequence of a defect in the appliance as supplied,
Textual Amendments
F131Words in Sch. 11 para. 1(1)(b) inserted (1.4.1998) by 1997 c. 46, s. 41(1), Sch. 2 Pt. I para. 60; S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)
F132Words from “or is under" to “education, or" substituted for words from “or is undergoing" to “school, or" by Health Services Act 1980 (c. 53), s. 26(2), Sch. 5 Pt II para. 5
F133Words repealed by Social Security Act 1988 (c. 7, SIF 113:1), s. 16(2), Sch. 5
2[F135(1)The optical appliances referred to in section 70(1) are glasses and contact lenses, and the charge for glasses and contact lenses which that subsection authorises is a charge of such sum as may be determined by or in accordance with directions given by the Secretary of State.]S
(2)Regulations may—
(a)vary the amount or maximum amount of any charge authorised by section 70(1) for any F136 optical appliance, and this power includes power to direct that the charge shall not be payable; or
(b)vary the descriptions of appliances for which any such charge is authorised;
and regulations made for the purposes of section 70(1) may be made so as to take effect—
(i)in the case of appliances supplied under this Act otherwise than under Part II, where the examination or testing of sight (otherwise than under that Part) leading to the supply of those appliances, or the first such examination or testing takes place on or after the date on which the regulations come into force;
(ii)
F137(iii)
F138(3)No charge shall be made under section 70(1) [F139or (1A)] in respect of any appliance supplied otherwise than under Part II to a patient for the time being resident in a hospital.
(4)No charge shall be made under section 70 [F140(1A)] in respect of the supply of a dental appliance if at the relevant time the person for whom that appliance was supplied—
[F141(a)was under [F14218] years of age or was under 19 years of age and receiving qualifying full-time education; or]
(b)was an expectant mother or had borne a child within the previous 12 months.
(5)
F143(6)Regulations made with respect to any exemption under sub-paragraph (4) F144 may provide that it shall be a condition of the exemption that such declaration is made in such form and manner, or such certificate or other evidence is supplied in such form and manner, as may be prescribed.
(7)[F145In sub-paragraph (4), “the relevant time” means—
(a)in relation to a dental appliance supplied otherwise than under Part II, the time of the examination leading to the supply of the appliance, or the first such examination;]
(b)in relation to a dental appliance supplied under Part II, the time of the making of the contract or arrangement in pursuance of which the appliance is supplied.
(8)References in section 70 and in this paragraph to the supply of appliances shall be construed as including references to their replacement [F146and, in the case of dentures, to their being relined or adjusted or having additions made to them] but no charge shall be made under those provisions in respect of the replacement of dentures F147 if the replacement is required in consequence of loss or damage.
Textual Amendments
F135Sch. 11 para. 2(1) substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 15(1)
F136Words repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3
F137Sch. 11 para. 2(2)(ii) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3
F138Sch. 11 para. 2(2)(iii) repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I
F139 “or (1A)" inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 15(2)
F140 “(1A)" substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 15(3)
F141Para. 2(4)(a) substituted by Health Services Act 1980 (c. 53), s. 26(2), Sch. 5 Pt. II para. 6(3)
F142 “18" substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 11(8)
F143Sch. 11 para. 2(5) repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I
F144Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I
F145Sch. 11 para. 2(7)(a) and preceding words substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 1(7), Sch. 1 Pt. II para. 6
F146Words inserted by Health Services Act 1980 (c. 53), s. 26(2), Sch. 5 Pt. II para. 6(5)
F147Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I
[F1482A(1)It shall be the duty of the Secretary of State to provide by regulations for payments to be made by him or by a Health Board to meet, or to contribute towards, the cost incurred (whether by way of charge under this Act or otherwise) for the supply of optical appliances for which a prescription has been given in consequence of a testing of sight under this Act—S
(a)for a child;
(b)for a person whose resources fall to be treated under the regulations as being less than his requirements; or
(c)for a person of such other description as may be prescribed [F149or for which a prescription has been given for a person such as is mentioned in paragraph (a), (b) or (c) above in consequence of a testing of sight (not being a testing of sight under this Act) which took place in prescribed circumstances].
(2)In sub-paragraph (1) (above) “child” means—
(a)a person who is under the age of 16 years; or
(b)a person who is under the age of 19 years and receiving qualifying full-time education.
[F150(3)The Secretary of State may by regulations—
(a)F151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)provide for payments to be made by him or by a Health Board to meet, or to contribute towards, any cost accepted by him or by the Board as having been incurred (whether by way of charge under this Act or otherwise) for the replacement or repair in prescribed circumstances of optical appliances for which a prescription was given in consequence of a testing of the sight of a person of a prescribed description; and
(c)direct how a person’s resources and requirements are to be calculated and, without prejudice to the generality of this sub-paragraph, give any such direction as to how they are to be calculated as may be given by regulations under section 75A(3).
(3A)Descriptions of persons may be prescribed under this paragraph by reference to any criterion and, without prejudice to the generality of this sub-paragraph, by reference to any of the criteria specified in section 75A(2).
(3B)Subsection (4) of section 75A shall have effect in relation to regulations under this paragraph as it has effect in relation to regulations under that section.]
(4)If regulations under this paragraph provide for payments to be made by a Health Board, it shall be the duty of the Secretary of State to pay to the Board, in respect of each financial year, the sum attributable to the Board’s disbursements under the regulations.
(5)Sums falling to be paid in pursuance of regulations made under this paragraph shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine.]
Textual Amendments
F148Sch. 11 para. 2A inserted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 1(7), Sch. 1 Pt. II para. 7
F149Words added after paragraph (c) of sub-paragraph (1) by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 13(2)
F150Paragraphs (3)–(3B) substituted for paragraph (3) by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 13(5)
F151Sch. 11 para. 2A(3)(a) repealed (7.3.2006 for certain purposes, otherwise 1.4.2006) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 13(3), 43(3); S.S.I. 2005/492, art. 3(e) Sch. 3; S.S.I. 2006/121, art. 3(a), Sch. 1
(1)
3F152(2)Regulations may vary the amount or the maximum amount of any charge authorised by section 71(1), and this power includes power to direct that the charge shall not be payable.S
(3)Where any services in respect of which a charge is payable under section 70 are provided in pursuance of the contract or arrangement, the charges payable under that section and section 71(1) in respect of all services provided in pursuance of the contract or arrangement shall not exceed a prescribed sum in the aggregate.
(4)No charge shall be made under section 71(1) in respect of services provided for any person who, on the date of the contract or arrangement for the services—
[F153(a)was under 18 years of age or was under 19 years of age and receiving qualifying full-time education, or]
(c)was an expectant mother or had borne a child within the previous 12 months,
F154(5)Regulations [F155made with respect to any exemptions under sub-paragraph (4)]
may provide that it shall be a condition of the exemption that such declaration is made in such form and manner, or such certificate or other evidence is supplied in such form and manner, as may be prescribed.
Textual Amendments
F152Sch. 11 para. 3(1) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3
F153Words substituted by Health Services Act 1980 (c. 53), s. 26(2), Sch. 5 Pt. II para. 7(2).
F154Words repealed by Health Services Act 1980 (c. 53), s. 26(2), Sch. 5 Pt. II para. 7(2)
F155Words substituted by Health Services Act 1980 (c. 53), s. 26(2), Sch. 5 Pt. II para. 7(3)
4SFor the purposes of section 39(2) (which provides for the Secretary of State to arrange for the free medical treatment of certain pupils) any charge made in pursuance of regulations under this Act in respect of the supply of drugs, medicines or appliances shall be disregarded.
5SRegulations may provide for the remission or repayment of any charges which, in pursuance of section 70(1) or section 71(1), are payable apart from this paragraph by a person whose income as calculated in accordance with regulations is at less than the prescribed rate, in respect of the supply or replacement of dental F156 appliances or in respect of services provided as part of the general dental services.
Textual Amendments
F156Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I
6SFor the purposes of sections 69 and 70 and of this Schedule, a bridge, whether fixed or removable, which takes the place of any teeth shall be deemed to be a denture having that number of teeth; F157
Textual Amendments
F157Words repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3
[F1587SReferences in this Schedule to qualifying full-time education mean full-time instruction at a recognised educational establishment or by other means accepted as comparable by the Secretary of State, and for the purposes of such references—
(a)“recognised educational establishment” means an establishment recognised by the Secretary of State as being, or as comparable to, a school, college or university; and
(b)regulations may prescribe the circumstances in which a person is or is not to be treated as receiving full-time instruction.]
Textual Amendments
Section 76.
1SThe Secretary of State shall appoint a person to hold the inquiry and to report thereon to him.
2SThe Secretary of State or the person appointed to hold the inquiry shall send to any person who appears to them to be interested, notification of the time when and the place where the inquiry is to be held.
3SThe person appointed to hold the inquiry may by notice require any person—
(a)to attend at the time and place set forth in the notice, to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry; or
(b)to furnish within such reasonable period as is specified in the notice such information relating to any matter in question at the inquiry as the person appointed to hold the inquiry may think fit, and as the person so required is able to furnish; but—
(i)no person shall be required in obedience to such a notice to attend at any place which is more than 10 miles from the place where he resides unless the necessary expenses are paid or tendered to him; and
(ii)nothing in this paragraph shall empower the person appointed to hold the inquiry to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.
4SThe person appointed to hold the inquiry may administer oaths and examine witnesses on oath, and may accept in lieu of evidence on oath by any person a statement in writing by that person.
5SAny person who refuses or wilfully neglects to attend in obedience to a notice under paragraph 3, or to give evidence, or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or document which he may be required by any such notice to produce, or who refuses or wilfully neglects to furnish any information which he is required to furnish under sub-paragraph (b) of paragraph 3, shall be liable on summary conviction to a fine not exceeding [F159level 1 on the standard scale] or to imprisonment for a period not exceeding 3 months.
Textual Amendments
F159Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c.48), s. 54)
6SThe expenses incurred by the Secretary of State in relation to any inquiry held under this Act (including a reasonable sum for the services of any officer engaged in the inquiry) shall be paid by such of the parties to the inquiry in such proportions as the Secretary of State may order.
7SThe Secretary of State may make orders as to the expenses incurred by the parties appearing at any such inquiry and as to the parties by whom such expenses shall be paid.
8SAny order by the Secretary of State under paragraph 6 or paragraph 7 may be enforced in like manner as a recorded decree arbitral.
Section 79.
1SWhere under this Act, in connection with the acquisition of any premises, the Secretary of State proposes to acquire any equipment, furniture or other moveable property used in or in connection with the premises, he may, at any time after the acquisition of the premises (in the case of acquisition by agreement) or at any time after the service of a notice to treat (in the case of a compulsory acquisition of premises), serve a notice on the owner of the premises specifying the property proposed to be acquired and specifying the time within which and the manner in which any objection to such acquisition may be made.
2SIf any objection is duly made the Secretary of State shall afford to the said owner an opportunity of appearing before, and being heard by, a person appointed by him for the purpose; and after considering any such objection and the report of the person so appointed by him, the Secretary of State shall either withdraw the notice aforesaid or serve upon the owner a notice confirming that notice.
3SThe property with respect to which a notice is served under paragraph 1 and is not withdrawn shall—
(a)if no objection is duly made to the notice, vest in the Secretary of State at the expiration of the time for making such an objection;
(b)if such an objection is duly made and the notice is confirmed by a notice served under paragraph 2, vest in the Secretary of State on the service of the last mentioned notice;
and shall in each case vest free of any pledge, lien or right in security.
4SWhere any property is acquired in accordance with this Schedule there shall be paid by way of compensation to the owner of the property concerned a sum equal to the price which he might reasonably have been expected to have obtained upon a sale of the property effected by him immediately before the acquisition of the property by the Secretary of State; and any dispute as to the amount of such compensation shall be determined by arbitration; and the compensation shall accrue due at the time when the property vested in the Secretary of State.
5SWhere property in respect of which compensation is payable as aforesaid was, immediately before the acquisition thereof by the Secretary of State, in the possession of some person by virtue of a hire purchase agreement, that person may, by a notice served on the Secretary of State, make a claim to have apportioned to him such part of the compensation as may be specified in his claim; and in default of agreement between the parties the claim shall be determined by arbitration, and the arbiter may apportion the compensation between the owner and the other person in such manner as appears to him to be just.
6SAny such compensation shall carry interest, as from the time when it accrues due until payment, at such rate as the Treasury may from time to time by order prescribe.
7SWhere any sum by way of compensation is paid in accordance with this Schedule in respect of any property and, at the time when the compensation accrues due, the property is subject to any pledge, lien or right in security, the sum so paid shall be deemed to be subject to that pledge, lien or right.
Section 93.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Section 109.
1(1)In so far as—S
(a)any agreement, appointment, apportionment, authorisation, determination, scheme, instrument, order or regulation made by virtue of an enactment repealed by this Act, or
(b)any approval, consent, direction, or notice given by virtue of such an enactment, or
(c)any complaint made or investigation begun by virtue of such an enactment, or
(d)any other proceedings begun by virtue of such an enactment, or
(e)anything done or having effect as if done,
could, if a corresponding enactment in this Act were in force at the relevant time, have been made, given, begun or done by virtue of the corresponding enactment, it shall, if effective immediately before the corresponding enactment comes into force, continue to have effect thereafter as if made, given, begun or done by virtue of that corresponding enactment.
(2)Where—
(a)there is any reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or to a thing omitted, or to an event which has occurred, under or for the purposes of or by reference to or in contravention of any provisions of this Act, then,
(b)that reference shall be construed (subject to its context) as including a reference to the corresponding thing done or required or authorised to be done, or omitted, or to the corresponding event which occurred, as the case may be, under or for the purposes of or by reference to or in contravention of any of the corresponding provisions of the repealed enactments.
2SWhere any enactment passed before the commencement of this Act, or any instrument or document, refers either expressly or by implication to an enactment repealed by this Act, the reference shall (subject to its context) be construed as or as including a reference to the corresponding provision of this Act.
3SWhere any period of time specified in an enactment repealed by this Act is currrent at the commencement of this Act, this Act has effect as if its corresponding provision had been in force when that period began to run.
4SNotwithstanding the repeal by this Act of section 37 of the M15National Health Service (Scotland) Act 1947 (compensation for loss of right to sell a medical practice) that section shall continue to have such effect as may be necessary for the purposes of sections 1 to 7 of the M16National Health Service (Amendment) Act 1949.
The saving made by this paragraph applies to section 51 of the M17National Health Service Reorganisation Act 1973 (which amended section 37 of the National Health Service (Scotland) Act 1947), and to any regulations made under that section 37 which were in force immediately before the coming into force of this Act.
5SA person who for three years immediately before 16th December 1911 acted as a dispenser to a medical practitioner or a public institution is in the same position in relation to the undertaking referred to in section 28(2) regarding the dispensing of medicines as a registered pharmacist.
6SWhere by virtue of section 43(8) of the National Health Service (Scotland) Act 1947 a person’s name was disqualified for inclusion in any list referred to in section 43(1) of that Act, that person’s name is disqualified for inclusion in any list referred to in section 29(1), until such time as [F165the Tribunal direct] to the contrary.
Textual Amendments
F165Words in Sch. 15 para. 6 substituted (1.1.1996) by 1995 c. 31, s. 10(2); S.I. 1995/3214, art. 2(1), Sch. (with art. 3)
7SAn undertaking given before the coming into force of section 4(1) of the M18Health Services and Public Health Act 1968 in respect of payment under section 4 of the M19National Health Service (Scotland) Act 1947 (accommodation available on part payment) continues to have the same effect as it had immediately before the coming into force of this Act.
8SNotwithstanding the repeal by the M20National Health Service (Scotland) Act 1972 of section 67 of the said Act of 1947, regulations made under paragraphs (c) to (e) of subsection (1) of that section shall continue to have effect until revoked by regulations under this Act.
Marginal Citations
9SThe provision of vehicles as mentioned in section 33 of the M21Health Services and Public Health Act 1968, and the taking of any such action as is mentioned in subsection (2) of that section, shall for the purposes of the M22National Health Service (Scotland) Act 1947 be treated as having been included among hospital and specialist services provided under Part II of that Act of 1947 as from its commencement.
10SNotwithstanding the repeal by this Act of sections 53 and 74 and Part I of Schedule 11 to the National Health Service (Scotland) Act 1947, and section 64(1) and Schedule 6 to the National Health Service (Scotland) Act 1972 and section 57(1) and Schedule 4 to the M23National Health Service Reorganisation Act 1973—
(a)the amendments made by Part I of Schedule 11 to that Act of 1947 to the M24Public Health (Scotland) Act 1897, and
(b)the amendments made by section 53 and paragraphs 37 to 77, [F16682], 83(a), 84 to [F16792], F168. . . 95 to 97, 101, [F169102], 104 to 107(a), 108 to 115, 117, 119 to 122, F170 129, [F171135(b) to (c)], 136(b), 138 to 140, 150, 152(b), [F172155] to 156A of Schedule 6 to that Act of 1972, and
(c)the amendments made by paragraphs F173 69(2), 82, 96, 102, 106, 109, 123, 128, 130, 133, 134, 140 and 141 of Schedule 4 to that Act of 1973,
shall continue to have the same effect as they had immediately before the coming into force of this Act, subject to any amendments made under this Act.
Textual Amendments
F166 “82" repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10
F167Words in Sch. 15 para. 10(b) substituted (6.1.1997) by S.I. 1996/3097, arts. 1, 3(2)
F168Words in Sch. 15 para. 10(b) repealed (28.6.1995 for certain purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), Sch. 1 Pt. III para. 102(8)(a), Sch. 3 (with Sch. 2 para. 6)
F169 “102" repealed by Mental Health Act 1983 (c. 20, SIF 85), ss. 131(1), 148(3), Sch. 6
F170Words repealed by Education (Scotland) Act 1980 (c. 44), Sch. 5
F171Words in Sch. 15 para. 10(b) substituted (28.6.1995 for certain purposes and 1.4.1996 for all other purposes) by 1995 c. 17, ss. 2(1)(3), Sch. 1 Pt. III para. 102(8)(b) (with Sch. 2 para. 6)
F172Word substituted by Education (Scotland) Act 1980 (c. 44), Sch. 4 para. 19
F173Word repealed by Reserve Forces Act 1980 (c. 9), Sch. 10 Pt. II
Marginal Citations
11SNotwithstanding the repeal by this Act of section 23(2) of the M25National Health Service (Amendment) Act 1949, section 23(1) of that Act shall be deemed to have had effect as from 5th July 1948.
Marginal Citations
F17412S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F174Sch. 15 para. 12 repealed (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 3 (with s. 3(4)).
13SWhere under any arrangements terminated by virtue of section 9(5) of the M26Health Services Act 1976—
(a)a person was deemed to have been granted under that section permission to use accommodation and facilities to the same extent and for the same purposes as were covered by those arrangements, then
(b)that person shall be deemed to have been granted under section 64 of [F175this Act] the like permission (and the provisions of that section shall apply accordingly).
Textual Amendments
F175Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 10
Marginal Citations
14SNotwithstanding the repeal by this Act of the provisions of section 6(2) and (3) of the M27Hospital Endowments (Scotland) Act 1971 relating to borrowings from relevant endowments by Boards of Management and Regional Hospital Boards, regulations made under that section shall continue to have effect until revoked by regulations under this Act.
[F17615SNotwithstanding the repeal by this Act of section 27 of the M28National Health Service (Scotland) Act 1947 (functions of local authorities relating to the prevention of illness, care and after-care), that section shall continue to have the same effect for the purposes of section 1(4) of the M29Social Work (Scotland) Act 1968 as it had immediately before the coming into force of this Act.]
Textual Amendments
F176Sch. 15 para. 15 repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10
Marginal Citations
Modifications etc. (not altering text)
C71The text of Sch. 16 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
1SIn section 11(3)(b) (application to Scotland), for the words “the National Health Service (Scotland) Acts 1947 to 1972" substitute the words “the National Health Service (Scotland) Act 1978".
Marginal Citations
2SIn section 1(1)(d) (compulsory purchase of land by the Secretary of State), for the words “:58 of the National Health Service (Scotland) Act 1972" substitute the words “79 of the National Health Service (Scotland) Act 1978".
Marginal Citations
3(1)In section 47 (removal of persons in need of care)—S
(a)in subsection (8), for the words “Acts 1947 to 1972" substitute the words “Act 1978";
(b)in subsection (10), for the words “section sixteen of the National Health Service (Scotland) Act 1947" substitute the words “ section 45 of the National Health Service (Scotland) Act 1978" and for the word “sixteen" substitute the word “45".
(2)In section 64 (interpretation), in the definition of “hospital", for the words “eighty" and “1947" substitute the words “108" and “1978" respectively;
F177(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F177Sch. 16 para. 3(3) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 para. 6)
Marginal Citations
4SIn seciton 2(4) (measure of damages), for the words “National Health Service (Scotland) Act 1947" substitute the words “National Health Service (Scotland) Act 1978".
Marginal Citations
5SIn section 59(1) (interpretation), in the definition of “hospital", for the words “section eighty of the National Health Service (Scotland) Act 1948" substitute the words “section 108(1) of the National Health Service (Scotland) Act 1978".
Marginal Citations
F1786S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F178Sch. 16 para. 6 repealed (5.11.1993) by 1993 c. 50, s.1(1), Sch. 1 Pt. VIII.
Marginal Citations
F1797S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F179Sch. 16 para. 7 repealed (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i)
Marginal Citations
F1808S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F180Sch. 16 para. 8 repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 para. 6)
9S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F181
Textual Amendments
F181Sch. 16 para. 9 repealed by Medical Act 1983 (c. 54, SIF 83:1), ss. 54, 56(2), Sch. 7 Pt. I
10S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F182
Textual Amendments
11S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F183
Textual Amendments
12, 13.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F184
Textual Amendments
Marginal Citations
14SIn paragraph (2) of the Schedule (bodies to which Act applies), in sub-paragraph (d), for the words “1972" substitute the words “ 1978".
15—18.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F185
Textual Amendments
19S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F186
Textual Amendments
F186Sch. 16 para. 19 repealed by Statute Law (Repeals) Act 1986 (c. 12) s. 1(1), Sch. 1 Pt. VIII
Marginal Citations
20SIn Schedule 3 (National Health Service Employers), in paragraph 7, for the words “section 13(8) of the National Health Service (Scotland) Act 1972" substitute the words “section 2(11) of the National Health Service (Scotland) Act 1978".
21S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F187
Textual Amendments
F18822S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F188Sch. 11 para. 22 repealed (1.10.1999) by 1999 c. 8, s.65, Sch. 5; S.S.I. 1999/90, art. 2(c), Sch. 1, Sch. 2
23SIn section 11, for words “1947" substitute the words “1978".
Marginal Citations
24SIn section 7(5) (superannuation provisions of the National Health Service Acts), for the words “Acts 1947 to 1972" substitute the words “Act 1978".
25S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F189
Textual Amendments
Marginal Citations
26(1)In section 59(2) (extension of power), for the words “IV" and “1947" substitute the words “II" and “1978" respectively.S
(2)In section 63 (provision of instruction for employees)—
(a)in subsection 2(d), for the words “IV" and “1947" substitute the words “II" and “1978" respectively;
(b)in subsection (8), in paragraph (b) of the definition of “the relevant enactmetns", for the words “section 6 of the Natioanl Haelth Service (Scotland) Act 1972" substitute the words “section 39 of the National Health Service (Scotland) Act 1978".
27SIn section 64 (financial assistance to voluntary organisations)—
(a)in subsection (4)(a), for the words “1972" substitute the words “1978";
(b)in subsection (4)(b), for the words “IV" and “1947" substitute the words “II" and “1978".
28SIn section 65(6) (assistance by local authorities to voluntary organisations), in paragraph (c) of the substituted subseciton (2B), for the words “1947 to 1972" substitute the words “1978".
Marginal Citations
29(1)In section 60(1)(f) (control of certain establishments), for the words “1947 or the National Health Service (Scotland) Act 1972" substitute the words “1978".S
(2)In section 86(3) for the words “Part II of the |National Health Service (Scotland) Act 1947" substitute the wprds “Part II of the National Health Service (Scotland) Act 1978".
(3)In section 94(1), in the definition of “hospital", for the words “1947" substitute the words “1978".
Marginal Citations
30SIn section 131(5) (meaning of certain expressions), for the words “Acts 1947 to 1972" substitute the words “Act 1978".
31SIn section 132(1) (interpretation), in the definition of “health centre", for the words “section 2 of the National Health Service (Scotland) Act 1972" substitute the words “section 36 of the National Health Service (Scotland) Act 1978".
Marginal Citations
F19032S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F190Sch. 16 para. 32 repealed (26.3.2001 subject to art. 1(3) of the amending S.I.) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))
Marginal Citations
33SIn section 17(1) (separation of younger from older patients), for the words “1972" substitute the words “1978".
34S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F191
Textual Amendments
F191Sch. 16 para. 34 repealed by Finance Act 1980 (c. 48), Sch. 20 Pt. III
Marginal Citations
F19235S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F192Sch. 16 para. 35 repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt. I
Marginal Citations
36SIn Schedule 13 (health service agreement) in paragraph 1(1) for the words “1947" substitute the words “1978".
37S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F193
Textual Amendments
Marginal Citations
38SIn section 197 (inspection of documents) for the words “1972" substitute the words “1978".
Marginal Citations
F19439S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F194Sch. 16 para. 39 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1
Marginal Citations
F19540S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F195Sch. 16 para. 40 repealed (6.4.1992) by Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21, SIF 113:1), s. 10, Sch.4 ; S.I. 1991/2617, art. 2(f)
Sch. 16 para. 40 expressed to be repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).
Marginal Citations
F19641S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F196Sch. 16 para. 41 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2) Sch. 5 (with Sch. 3)
Marginal Citations
42SIn Schedule 1 in Part II (bodies of which all members are disqualified), in the entry relating to the Medical Practices Committee for the words “section 35 of the National Health Service (Scotland) Act 1947" substitute the words “section 3 of the National Health Service (Scotland) Act 1978".
43S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F197
Textual Amendments
44S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F198
Textual Amendments
Marginal Citations
45SIn section 56(4), in paragraph (a), for the words “Part IV of the National Health Service (Scotland) Act 1947" substitute the words “Part II of the National Health Service (Scotland) Act 1978"
Modifications etc. (not altering text)
C72The text of Sch. 17 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Chapter | Short Title | Extent of Repeal |
---|---|---|
10 & 11 Geo. 6. c. 27. | The National Health Service (Scotland) Act 1947. | The whole Act. |
12, 13 & 14 Geo. 6. c. 93. | The National Health Service (Amendment) Act 1949. | Section 8. |
Sections 10 and 11. | ||
Sections 14 to 18. | ||
Sections 20(1), (3) and 21. | ||
Sections 23 and 28. | ||
In section 32(1), the words “and this Act" where they second occur to “1947 and 1949". | ||
In the Schedule, Part II. | ||
14 & 15 Geo. 6. c. 31. | The National Health Service Act 1951. | The whole Act. |
15 & 16 Geo. 6 & 1 Eliz. 2. c. 25. | The National Health Service Act 1952. | The whole Act. |
1 & 2 Eliz. 2. c. 41. | The Hospital Endowments (Scotland) Act 1953. | The whole Act. |
9 & 10 Eliz. 2. c. 19. | The National Health Service Act 1961. | The whole Act. |
1964 c. 60 | The Emergency Laws (Re-enactments and Repeals) Act 1964. | Section 5. |
In section 15, the words “the National Health Service (Scotland) Acts 1947 to 1972". | ||
1966 c. 8. | The National Health Service Act 1966. | In section 12(2), from the words “so far as" where they second occur to the end. |
1968 c. 46. | The National Health Services and Public Health Act 1968. | In section 63(8), in paragraph (b) of “the relevant enactments", the words “the 1947 Act". |
In section 64(4), in the substituted paragraph (a), the words “the National Health Service (Scotland) Act 1947". | ||
In section 79(1), from the words “and the" where they second occur to the words “1947 to 1968". | ||
In Schedule 2, Part II. | ||
In Schedule 3, Part I. | ||
1968 c. 67. | The Medicines Act 1968. | In Schedule 5, paragraph 12. |
1971 c. 8. | The Hospital Endowments (Scotland) Act 1971. | The whole Act. |
1972 c. 58. | The National Health Service (Scotland) Act 1972. | The whole Act except sections 24(2), 26 to 28, 32 to 36, 52, 53, 61(1)-(3), and Schedule 4. |
1973 c. 32. | The National Health Service Reorganisation Act 1973. | The whole Act. |
1976 c. 48 | The Parliamentary and other Pensions and Salaries Act 1976. | Section 7. |
1976 c. 59. | The National Health Service (Vocational Training) Act 1976. | The whole Act. |
1976 c. 83. | The Health Services Act 1976. | Section 2. |
Sections 4 and 5. | ||
Sections 7 to 11. | ||
In section 23 subsections (3) and (4). | ||
In Schedule 1, Part VI. | ||
Schedule 3. | ||
In Schedule 4, Part II. |
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: