SCHEDULE 1 Health Boards
Part I
Constitution
1
A Health Board shall be a body corporate and shall have a common seal.
F12
(1)
A Health Board is to consist of the following types of members—
(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.
F52A
In 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.
3
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.
F93A
A person appointed as chairman of a Health Board may not be an employee of that Health Board.
4
The 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.
5
F135A
Regulations or directions under paragraph 5 may provide for approvals, authorisations or determinations to have effect from a date (which may be before or after the date of giving or making them but may not be before if to the detriment of such officers and servants) specified in them F14and a direction under that paragraph may relate to a particular officer or servant or class of officer or servant specified in the direction.
6
Regulations may make provision with respect to the method of appointment of officers or servants of a Health Board and as to the qualifications, remuneration and conditions of service of those persons.
F156A
(1)
Sub-paragraph (3) applies where the registration of a dental practitioner in the dentists register is suspended—
(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.
7
F187A
Regulations may provide for the transfer of officers and servants from a Health Board to—
(a)
another Health Board;
(b)
the Agency; or
(c)
a state hospital,
and for arrangements under which the services of an officer or servant of a Health Board are placed at the disposal of a body mentioned in sub-paragraphs (a) to (c).
7B
Directions may be given by the Secretary of State—
(a)
to a Health Board to place services of any of its officers or servants at the disposal of a body mentioned in sub-paragraphs (a) to (c) of paragraph 7A; and
(b)
to any such body to employ as an officer or servant any person who is or was employed by a Health Board and is specified in the direction,
and a Board or body to which such directions are given shall comply with the directions.
7C
Before making regulations under paragraph 7A or 8A, the Secretary of State shall consult such bodies and organisations as appear to him to be concerned.
8
Regulations under paragraph 6 shall not contain a requirement that all consultants employed for the purpose of hospitals shall be employed whole-time.
F198A
In 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.
F219
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2210
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II
Supplementary provisions
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.
(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.
11
Regulations 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)
(c)
as to the procedure of Health Boards, their committees and sub-committees; F27
(d)F27
F2811A
A Health Board may subscribe to the funds of any associations or other bodies having objects of which the Board approves.
12
The 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.
13
The 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.
14
Allowances 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.
15
Payment 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.
16
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18
The 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.
19
The 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.
F34SCHEDULE 1AHealth Board elections
Health Board elections
1
An election held under this Schedule is known as a “Health Board election”.
Timing of Health Board elections
2
(1)
A Health Board must hold the first Health Board election in the Health Board area on the day specified in election regulations.
(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.
Electoral wards
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.
(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.
Conduct of election
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.
(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—
(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.
6
If, 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.
(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.
Candidates
8
(1)
An individual is disqualified from being a candidate in a Health Board election if the individual is—
(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.
Franchise
9
(1)
An individual is entitled to vote at a Health Board election if the individual—
(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.
Election expenses
10
Election regulations may make provision about the expenses which may be incurred by any person in connection with a Health Board election.
Vacancies
11
(1)
This paragraph applies if—
(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.
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.
(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.
F35F35SCHEDULE 2
1
The Medical Practices Committee shall consist of a chairman, who shall be a medical practitioner, and 5 other members of whom 3 shall be medical practitioners actively engaged in medical practice.
2
The chairman and members shall be appointed by the Secretary of State after consultation with such organisations as the Secretary of State may recognise as representative of the medical profession.
3
The Secretary of State may make regulations with respect to the appointment, tenure of office and vacation of office of the members of the Committee.
4
The Secretary of State may provide the services of such officers as the Committee may require.
5
The proceedings of the Committee shall not be invalidated by any vacancy in the membership of the Committee or by any defect in the appointment or qualification of any member thereof.
SCHEDULE 3 The Planning Council F36
SCHEDULE 4 University Liaison Committees
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.
SCHEDULE 5 The Agency
1
The Agency shall be a body corporate and shall have a common seal.
2
The affairs of the Agency shall be managed by a management committee constituted in accordance with paragraph 3.
3
The 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.
F383A
The 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.
4
The proceedings of the management committee shall not be invalidated by any vacancy in its membership or by any defect in the appointment of any member thereof.
5
The Secretary of State shall pay to members of the management committee and sub-committees thereof such travelling and other allowances, including compensation for loss of remunerative time, as he may, with the approval of the Minister for the Civil Service, from time to time determine.
6
Allowances shall not be paid under paragraph 5 except in connection with the performance of such powers or duties, in such circumstances, as the Secretary of State may determine.
7
F427A
Regulations or directions under paragraph 7 may provide for approvals, authorisations or determinations to have effect from a date (which may be before or after the date of giving or making them but may not be before if to the detriment of such officers and servants) specified in them.
F437B
Regulations may provide for the transfer of officers and servants from the Agency to a Health Board or state hospital, and for arrangements under which the services of an officer or servant of the Agency are placed at the disposal of a Health Board or state hospital.
7C
Directions may be given by the Secretary of State—
(a)
to the Agency to place services of any of its officers or servants at the disposal of a Health Board or state hospital; and
(b)
to a Health Board or state hospital to employ as an officer or servant any person who is or was employed by the Agency and is specified in the direction,
and it shall be the duty of the Agency, a Health Board or a state hospital to comply with any such directions given to it.
8
Regulations may make provision with respect to—
(a)
the appointment, tenure and vacation of office of the chairman and members of the management committee;
(b)
enabling alternative members to attend in place of any member of the committee who may be absent;
(c)
the appointment by the management committee of sub-committees, whose membership may include persons who are not members of the management committee;
(d)
the procedure of the management committee; and
(e)
the method of appointment of officers or servants of the Agency and the qualifications, remuneration and conditions of service of those persons.
F448A
In 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.
8B
Before making regulations under paragraph 7B or 8A, the Secretary of State shall consult such bodies and organisations as appear to him to be concerned.
9
F4710
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F4811
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
The Secretary of State may exercise the powers conferred by paragraph 19 of Schedule 1 in the case of a person who enters the employment of the Agency and to whom that paragraph otherwise applies.
F49F50 SCHEDULE 5A Healthcare Improvement Scotland
Status
1
(1)
Healthcare Improvement Scotland is a body corporate.
(2)
HIS is not to be regarded as a servant or agent of the Crown, or as having any status, immunity or privilege of the Crown, nor are its members or its employees to be regarded as civil servants.
(3)
HIS's property is not to be regarded as property of, or held on behalf of, the Crown.
Membership of HIS
2
(1)
HIS is to consist of the following members—
(a)
a person appointed by the Scottish Ministers to chair HIS;
(b)
the person appointed under paragraph 2(1)(a) of schedule 11 to the Public Services Reform (Scotland) Act 2010 (asp 8) to chair Social Care and Social Work Improvement Scotland; and
(c)
no fewer than 10 nor more than 13 other members appointed by the Scottish Ministers.
(2)
The Scottish Ministers may by order amend sub-paragraph (1)(c) by substituting for the minimum or maximum number of members for the time being specified there such other number as they think fit.
(3)
In appointing members, the Scottish Ministers are to have regard to the desirability of including—
(a)
persons who have experience of, and have shown capacity and capability in, the provision of services provided under the health service or independent health care services;
(b)
persons who use, or have used services provided under the health service or independent health care services;
(c)
persons who have such other skills, knowledge or experience as the Scottish Ministers consider to be relevant in relation to the exercise of HIS's functions.
Terms of appointment etc.
3
(1)
Each member of HIS is to be appointed for such period as the Scottish Ministers think fit.
(2)
A member—
(a)
holds and vacates office in accordance with the terms and conditions of appointment; but
(b)
may, by written notice to the Scottish Ministers, resign office as a member.
(3)
A person is, on ceasing to be a member, eligible for reappointment.
Removal of members
4
The Scottish Ministers may, by written notice, remove a member from office if they are satisfied that—
(a)
the member—
(i)
has been adjudged bankrupt;
(ii)
has granted a trust deed for creditors or a composition contract;
(iii)
has proposed a voluntary arrangement which has been approved;
(b)
the member's estate has been sequestrated;
(c)
the member has been absent from 3 consecutive meetings of HIS without the permission of HIS;
(d)
the member is otherwise unfit or unable to discharge the functions of a member.
Disqualification from membership
5
A person is disqualified from appointment, and from holding office, as a member of HIS if that person is—
(a)
a member of the Scottish Parliament;
(b)
a member of the House of Commons;
(c)
a member of the European Parliament.
Remuneration and allowances for members
6
HIS must pay to each of its members such—
(a)
remuneration; and
(b)
allowances and expenses,
as the Scottish Ministers may determine.
Chief executive and other employees
7
(1)
HIS is to employ a chief executive.
(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.
F51Medical reviewers
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.
(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).
Committees
8
(1)
HIS may establish committees for any purpose relating to its functions.
(2)
Subject to section 10Z16, HIS is to determine the composition of its committees.
(3)
HIS may appoint persons who are not members of HIS to be members of a committee.
(4)
A committee of HIS is to comply with any directions given to it by HIS.
Procedure and meetings
9
(1)
HIS may determine its own procedure and that of its committees, including a quorum for meetings.
(2)
The validity of any proceedings of HIS, or any of its committees, is not affected by a vacancy in membership nor by any defect in the appointment of a member.
(3)
Members of—
(a)
the Scottish Executive and persons authorised by the Scottish Ministers;
(b)
Social Care and Social Work Improvement Scotland and persons authorised by it,
may attend and take part in meetings of HIS or any of its committees, but are not entitled to vote at such meetings.
General powers
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.
(2)
In particular, HIS may—
(a)
enter into contracts;
(b)
with the consent of the Scottish Ministers—
(i)
borrow money;
(ii)
acquire and dispose of land;
(iii)
borrow sums in sterling by way of overdraft for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet that expenditure.
Delegation of functions
11
(1)
HIS may, subject to sub-paragraphs (2) F52to (3) authorise—
(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.
Location of office
12
HIS's determination of the location of its office premises is subject to the approval of the Scottish Ministers.
Accounts
13
(1)
HIS must—
(a)
keep proper accounts and accounting records;
(b)
prepare in respect of each financial year a statement of accounts; and
(c)
send a copy of the statement to the Scottish Ministers,
and must do so in accordance with any directions the Scottish Ministers may give.
(2)
HIS must send the statement of accounts to the Auditor General for Scotland for auditing.
Reports
14
(1)
As soon as practicable after the end of each financial year, HIS must prepare a report which is—
(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.
F54F54SCHEDULE 6
Part I
Constitution
1
The Hospital Trust (hereafter in this Schedule referred to as “the Trust”) shall consist of a chairman appointed by the Secretary of State and not more than 7 and not less than 5 other members so appointed.
2
The Trust shall be a body corporate.
3
The proceedings of the Trust shall not be invalidated by any vacancy in the membership thereof or by any defect in the appointment of a member.
Part II
Powers
4
The Trust shall have the following powers—
(a)
the like powers in relation to their funds as trustees have in relation to their trust estate under section 4(1) of the M3Trusts (Scotland) Act 1921;
(b)
power to purchase and lease land and to invest in any security in which trustees are authorised to invest under or in pursuance of the M4Trusts (Scotland) Act 1921 F55and the Trustee Investments Act 1961 and—
(i)
to retain any investment which they from time to time receive,
(ii)
to make a narrower-range investment falling within Part II of Schedule 1 to the M5Trustee Investments Act 1961 without first obtaining advice as required by section 6 of that Act,
(iii)
to invest in the units of a unit trust scheme or in participation certificates or in any form of participation under any trust or scheme having the effect of enabling persons to participate in the profits and income arising from the acquisition, holding, management or disposal of securities or of land;
(c)
power to make loans to Health Boards F56and NHS trusts against their share in the capital of the Trust;
(d)
power to pay all the expenses of the constitution and administration of the Trust from their funds;
(e)
power to accept from any Health Board for investment and management on behalf of the Board any endowments or accumulated income thereof transferred to the Board under Part VI of the M6National Health Service (Scotland) Act 1972 and any endowments, or accumulated income thereof, otherwise held by a Health Board;
F57(ea)
power to accept from any NHS trust for investment and management on behalf of the trust any property held on behalf of the trust by trustees appointed by virtue of section 12G(2), and any endowments or accumulated income otherwise held by the trust;
(f)
power to accept, hold, administer and dispose of any property (other than a relevant endowment or such an endowment as is referred to in sub-paragraph (e) F58or, as the case may be, paragraph (ea)) on trust for purposes similar to those for which property is held by a Health Board F59or, as the case may be, by an NHS Trust;
(g)
power to give advice to a Health Board relating to the investment or management of any such endowment or income as is referred to in sub-paragraph (e) and which is not transferred to the Trust under paragraph 16 of Schedule 1, and to recover from the Board concerned any expenses reasonably incurred by them in giving such advice. F60 It is hereby declared, for the avoidance of doubt, that the Trust has at all times had the power referred to in sub-paragraph (b) above to invest in any security in which trustees are authorised to invest under or in pursuance of the Trustee Investments Act 1961.
5
(1)
It shall be the duty of the Trust to obtain advice on the investment of any property held by them under this Act from a person whom the Trust reasonably believe to be qualified to give such advice by his ability in, and practical experience of, financial matters.
(2)
For the purposes of sub-paragraph (1), the advice referred to therein may be obtained from a person other than an officer or servant of the Trust on such terms as may be agreed between the Trust and that person.
6
(1)
Regulations may prescribe the method of calculating the capital value of relevant endowments transferred from Boards of Management and Regional Hospital Boards to the Trust under section 2(1) of the M7Hospital Endowments (Scotland) Act 1971 and the shares of Health Boards in the total endowments so transferred.
(2)
Regulations may prescribe the terms and conditions on which sums may be borrowed from the Trust by Health Boards F61or NHS trusts.
7
(1)
The Trust shall, at such date or dates in each year as the Secretary of State may determine, distribute the income from all relevant endowments transferred to them under section 2(1) of the M8Hospital Endowments (Scotland) Act 1971 and from property accepted by them in pursuance of paragraph 4(f), after deduction of such expenses as have been incurred under this Act or the said Act of 1971 or regulations made thereunder, among Health Boards F62, NHS trusts and state hospitals in accordance with schemes made from time to time by the Secretary of State by statutory instrument.
(2)
Before making a scheme under this paragraph the Secretary of State shall give to Health Boards F63, NHS trusts and the bodies charged with the management of state hospitals an opportunity to make representations to him about the scheme.
(3)
Such schemes shall provide for the income from such relevant endowments—
(a)
in so far as it is distributed among Health Boards, being used by those Boards for purposes relating to services provided under this Act in or in relation to hospitals, or to research into any such matters as are mentioned in section 47(2), or for purposes intended to preserve the memory of any person or class of persons;
(b)
in so far as it is distributed to a state hospital, being used by that hospital for any purpose for which the hospital was provided, including research in connection with any such purpose.
F64(c)
in so far as it is distributed among NHS trusts, being used by that trust for any purpose for which the trust was established.
(4)
In making a scheme under this paragraph the Secretary of State shall have regard to the arrangements for the distribution of income under any scheme, being a scheme made under section 7 of the said Act of 1971 and in operation immediately before 1st April 1974; and any scheme made under this paragraph may provide that any accumulated income held by a Health Board by virtue of section 2(2)(a) of the said Act of 1971 may be used only for such purposes as may be specified in the scheme.
(5)
No scheme shall be made under this paragraph unless a draft has been laid before Parliament and has been approved by a resolution of each House of Parliament.
8
The total annual expenses of administration of the Trust shall be limited to such maximum amount as the Secretary of State may from time to time determine.
9
Regulations may make provision in respect of any of the following matters—
(a)
the appointment, and tenure and vacation of office, of the members of the Trust;
(b)
the procedure of the Trust;
(c)
the appointment, remuneration and conditions of service of officers and servants of the Trust;
(d)
the making of payments, not exceeding limits to be determined from time to time by the Secretary of State, from the funds of the Trust to the members thereof in respect of any loss of earnings they would otherwise have made or any additional expenses (including travelling and subsistence expenses) to which they would not otherwise have been subject, being loss or expenses necessarily suffered or incurred by them for the purpose of enabling them to perform duties as members of the Trust;
(e)
any matters consequential on, or incidental to, any of the aforesaid matters.
10
(1)
The accounts of the Trust shall be audited annually by an auditor appointed by the Trust.
(2)
No person shall be qualified to be appointed auditor under this paragraph unless he is a member of one or more of the following bodies:
(a)
the Institute of Chartered Accountants of Scotland;
(b)
the Institute of Chartered Accountants in England and Wales;
(c)
the Association of Certified and Corporate Accountants;
(d)
the Institute of Chartered Accountants in Ireland;
(e)
any other body of accountants established in the United Kingdom and for the time being recognised for the purposes of section 161(1)(a) of the M9Companies Act 1948 by the Secretary of State;
but a Scottish firm may be so appointed if each of the partners therein is qualified to be so appointed.
SCHEDULE 7 The Research Trust
1
F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The Research Trust shall be a body corporate.
F66Members
3
Subject to paragraph 3A, the Research Trust shall consist of such number of members appointed by the Trust as the Trust may determine.
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”).
(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.
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.
(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.
Eligibility for re-appointment
3C
A person who ceases to be a member of the Research Trust shall be eligible for re-appointment, but only once.
Payments to members
3D
The 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.
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.
(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.
Standing orders
3F
(1)
The Research Trust—
(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.
Powers etc.
3G
The 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.
4
F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The 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.
6
Where 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.
7
F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F70F71SCHEDULE 7A National Health Service Trusts
Part I Orders Establishing NHS Trusts Etc.
1
Any 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.
2
The 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—
(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.
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.
(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.
(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.
Part II Duties, Powers and Status of NHS Trusts
Specific duties
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.
(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
(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.
8
An 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—
(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.
Specific powers
10
An NHS trust may enter into NHS contracts.
11
An NHS trust may undertake and commission research and make available staff and provide facilities for research by other persons.
12
An 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.
13
An 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.
14
According 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.
15
For 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).
General powers
16
Subject 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.
17
In 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.
18
Regulations 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.
19
Before 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.
(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.
Status
21
An 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.
Part III Supplementary Provisions
Reimbursement for health services work carried out otherwise than under contract
22
(1)
In any case where an NHS trust provides goods or services for the benefit of an individual and—
(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, F79or is within the functions of a Health and Social Care trust mentioned in Article 10(1) of the Health and Personal Social Services (Northern Ireland) Order 1991(S.I. 1991/194 (N.I. 1)) F80. . .
(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.
F8423
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Use and development of land used for religious purposes and burial grounds
24
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 F85section 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.
Part IV Dissolution
25
(1)
The Secretary of State may by order dissolve an NHS trust.
(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—
(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.
F86(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.
27
If 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.
28
An NHS trust may not be dissolved or wound up except in accordance with this Part of this Schedule.
F87SCHEDULE 7B Financial Provisions relating to NHS Trusts
Borrowing
1
(1)
Subject to F88any direction given by the Secretary of State, tothe 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.
(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.
F89(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F89(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F89(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F90(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).
Guarantees of borrowing
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.
(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.
F91Surplus funds
F922A
In 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.
F932B
In 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.
Limits on indebtedness
F943
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F954
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Additional public dividend capital
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.
F96(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Surplus funds
6
If it appears to the Secretary of State that any F97sum 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 F97that sum into the Consolidated Fund.
Investment
F987
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.
F998
Any 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.
SCHEDULE 8 The Tribunal
F1001
The 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.
F1012
A 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.
F1023
Any 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.
F1034
Any 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.
5
For the purposes of paragraph 4, the Secretary of State shall, after consultation with such organisations as he may recognise as representative of the several professions or callings concerned, appoint the following panels, none of which shall exceed 6 persons, that is to say:—
(a)
a panel of medical practitioners;
(b)
a panel of medical practitioners having the qualifications prescribed under section 26;
(c)
a panel of dental practitioners;
(d)
a panel of ophthalmic opticians;
(e)
F104(f)
a panel of registered pharmacists.
6
If any member of the Tribunal is unable to act in any case a deputy may be appointed by the Lord President of the Court of Session or the Secretary of State, as in the case of the appointment of the member in question; and, if the member is the chairman, the deputy shall possess the professional qualifications required for the office of chairman, and, if the member is the practitioner member, the deputy shall be appointed from the same panel.
7
Regulations 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.
F1058
(1)
The functions of the Tribunal shall be exercised by three members consisting of—
(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 F106as it has effect in relation to the functions mentioned below, the reference to the person concerned is—
(a)
in the case of functions under F107section 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 F108disqualification 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 F109section 32A(3) may be made to apply or continue to apply.
(2A)
F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
In the case of functions under section 32A or 32B, sub-paragraph (1) above is subject to section 32C(2)(b).
SCHEDULE 9 Additional Provisions as to Prohibition of Sale of Medical Practices
Prohibition, and certificate of Practices Committee
1
(1)
Any person who sells or buys the goodwill F111. . .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 F112 or to imprisonment for a term not exceeding 3 months, or to both such fine and such imprisonment.
F113(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 F114Health Board which has arrangements with the F115person, 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)
F116That 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 F117. . . 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 F118the 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 F119Health 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 F120Board 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)
F121A 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.
F122(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Certain transactions deemed sale of goodwill
2
F123F123(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—
(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.
F123(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.
F123(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 F124. . .—
(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 F125. . . 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.
F126(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.
F126(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.
F127(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.
F127(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.
F128(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.
F129 Carried-over goodwill
F1303
The fact that a person’s medical practice was previously carried on by another person who at any time provided F131or 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.
F132 SCHEDULE 10 Additional Provisions as to the Control of Maximum Prices for Medical Supplies
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 11 Additional Provisions as to Regulations for the Making and Recovery of Charges
Regulations under section 69—charges for drugs, medicines or appliances, or pharmaceutical services
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—
(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 F133 (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 F134or 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,
F135(2)F136
Regulations under section 70—charges for dental or optical appliances
2
F137(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.
(2)
Regulations may—
(a)
vary the amount or maximum amount of any charge authorised by section 70(1) for any F138 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)
F139(iii)
F140(3)
No charge shall be made under section 70(1) F141or (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 F142(1A) in respect of the supply of a dental appliance if at the relevant time the person for whom that appliance was supplied—
F143(a)
was under F14418 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)
F145(6)
Regulations made with respect to any exemption under sub-paragraph (4) F146 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)
F147In 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 F148and, 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 F149 if the replacement is required in consequence of loss or damage.
F1502A
(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—
(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 F151or 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.
F152(3)
The Secretary of State may by regulations—
(a)
F153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
Regulations under section 71—charges for dental treatment
3
(1)
F154(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.
(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—
F155(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,
F156(5)
Regulations F157made 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.
Miscellaneous Provisions
4
For 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.
5
Regulations 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 F158 appliances or in respect of services provided as part of the general dental services.
6
For 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; F159
F1607
References 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.
SCHEDULE 12 Inquiries
1
The Secretary of State shall appoint a person to hold the inquiry and to report thereon to him.
2
The 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.
3
The 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.
4
The 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.
5
Any 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 F161level 1 on the standard scale or to imprisonment for a period not exceeding 3 months.
6
The 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.
7
The 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.
8
Any order by the Secretary of State under paragraph 6 or paragraph 7 may be enforced in like manner as a recorded decree arbitral.
SCHEDULE 13 Acquisition of Property Other than Land
1
Where 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.
2
If 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.
3
The 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.
4
Where 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.
5
Where 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.
6
Any 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.
7
Where 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.
F162SCHEDULE 14 Action not subject to investigation by the Commissioner
1
Action taken by medical practitioners, dental practitioners, ophthalmic or dispensing opticians or pharmacists in pursuance of their contracts with Health Boards under Part II or with Executive Councils under Part IV of the M12National Health Service (Scotland) Act 1947.
2
Action taken in connection with the diagnosis of illness or disease or the care or treatment of a patient, being action which, in the opinion of the Commissioner, was taken solely in the exercise of clinical judgment, whether formed by the person taking the action or by any other person.
3
Action taken by a Health Board or F163a Joint Ophthalmic Committee in the exercise of functions under—
(a)
the M13National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1974, or
(b)
(d)
any regulations revoked by any of the regulations mentioned in paragraphs (a) and (c).
4
Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to service under this Act or any Act relating to the National Health Service repealed by this Act.
5
Action taken in matters relating to contractual or other commercial transactions other than in matters arising from arrangements between a body subject to investigation and an authority or body outwith the health service for the provision of services to patients by that authority or body.
6
Action which has been or is the subject of an inquiry under section 69 of the M14National Health Service (Scotland) Act 1947 or section 76 of this Act.
7
Action in relation to which the protective functions of the Mental Welfare Commission have been, are being or may be exercised under the F166Mental Health (Scotland) Act 1984.
SCHEDULE 15 Transitional Provisions and Savings
General
1
(1)
In so far as—
(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.
2
Where 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.
3
Where 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.
Section 37 of the National Health Service (Scotland) Act 1947
4
Notwithstanding 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.
Persons authorised to provide pharmaceutical services
5
A 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.
Disqualification of practitioners
6
Where 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 F167the Tribunal direct to the contrary.
Section 4 of the Health Services and Public Health Act 1968
7
An 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.
Compensation of officers
8
Notwithstanding 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.
Vehicles under section 33 of the Health Services and Public Health Act 1968
9
The 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.
Saving of amendments
10
Notwithstanding 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)
(c)
the amendments made by paragraphs F175 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.
Transfer of property of voluntary organisations
11
Notwithstanding 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.
Investigations by the Health Service Commissioner for Scotland
F17612
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Permission deemed to have been granted under section 9(5) of the Health Services Act 1976
13
Where 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 F177this Act the like permission (and the provisions of that section shall apply accordingly).
Borrowing from the Hospital Trust by Boards of Management and Regional Hospital Boards
14
Notwithstanding 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.
Health functions of local authorities
F17815
Notwithstanding 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.
SCHEDULE 16 Consequential Amendments of Enactments
The M30 Polish Resettlement Act 1947
1
In 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".
The M31 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947
2
In 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".
The M32 National Assistance Act 1948
3
(1)
In section 47 (removal of persons in need of care)—
(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;
F179(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M33 Law Reform (Personal Injuries) Act 1948
4
In seciton 2(4) (measure of damages), for the words “National Health Service (Scotland) Act 1947" substitute the words “National Health Service (Scotland) Act 1978".
The M34 Children Act 1948
5
In 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".
The M35 Nurseries and Child Minders Regulation Act 1948
F1806
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M36 Nurses (Scotland) Act 1951
F1817
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M37 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
F1828
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F183
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F184
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F185
12, 13.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F186
The M38 Public Bodies (Admission to Meetings) Act 1960
14
In paragraph (2) of the Schedule (bodies to which Act applies), in sub-paragraph (d), for the words “1972" substitute the words “ 1978".
15—18.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F187
19
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F188
The M39 Redundancy Payments Act 1965
20
In 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".
The M40 National Health Service 1966
21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F189
F19022
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23
In section 11, for words “1947" substitute the words “1978".
The M41 Superannuation (Miscellaneous Provisions) Act 1967
24
In section 7(5) (superannuation provisions of the National Health Service Acts), for the words “Acts 1947 to 1972" substitute the words “Act 1978".
25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F191
The M42 Health Services and Public Health Act 1968
26
(1)
In section 59(2) (extension of power), for the words “IV" and “1947" substitute the words “II" and “1978" respectively.
(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".
27
In 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".
28
In 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".
The M43 Social Work (Scotland) Act 1968
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".
(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".
The M44 Medicines Act 1968
30
In section 131(5) (meaning of certain expressions), for the words “Acts 1947 to 1972" substitute the words “Act 1978".
31
In 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".
The M45 Post Office Act 1969
F19232
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M46 Chronically Sick and Disabled Persons Act 1970
33
In section 17(1) (separation of younger from older patients), for the words “1972" substitute the words “1978".
34
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F193
The M47 Tribunals and Inquiries Act 1971
F19435
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M48 Finance Act 1971
36
In Schedule 13 (health service agreement) in paragraph 1(1) for the words “1947" substitute the words “1978".
37
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F195
The M49 Local Goverment (Scotland) Act 1973
38
In section 197 (inspection of documents) for the words “1972" substitute the words “1978".
The M50 Trade Union and Labour Relations Act 1974
F19639
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M51 Social Security Act 1975
F19740
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M52 Criminal Procedure (Scotland) Act 1975
F19841
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M53 House of Commons Disqualification Act 1975
42
In 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".
43
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F199
44
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F200
The M54 Patents Act 1977
45
In 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"
SCHEDULE 17 Repeals
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. |