National Health Service (Scotland) Act 1978 (c. 29)

Part I S Organisation

Modifications etc. (not altering text)

C1 Pt. 1 applied (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 1 (with art. 4(4)(5))

[F1 Inspections S

Textual Amendments

F1 Ss. 10A-10Z19 and cross-headings inserted (1.8.2010 for the insertion of s. 10A for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 for specified purposes, 1.4.2016 for specified purposes with the exception of the insertion of s. 10Z9(1)(a), 1.4.2017 for specified purposes, 19.6.2024 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 108, 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.; S.S.I. 2016/22, art. 2(1)(2), sch. 1, sch. 2; S.S.I.2024/131, art. 2, sch. 1

10I Inspections of services provided under the health service [F2 or under the 2021 Act] S

[F3 (1) HIS may inspect any service provided under the health service—

(a) in pursuance of its general duty of furthering improvement in the quality of health care in Scotland,F4 ...

(b) for any of the purposes mentioned in subsection (1B)][F5 , or

(c) in pursuance of its functions under sections 12IP to 12IS and section 12IU.]

[F6 (1A) Where a service provided under the health service and social services are provided by virtue of an integration scheme approved under section 7 of the Public Bodies (Joint Working) (Scotland) Act 2014 (“ the 2014 Act ”), HIS may inspect the planning, organisation or co-ordination of those services for any of the purposes mentioned in subsection (1B).

(1B) The purposes are—

(a) reviewing and evaluating the extent to which the service is complying with the integration delivery principles and contributing to achieving the national health and wellbeing outcomes,

(b) reviewing and evaluating the extent to which the planning, organisation or co-ordination of services provided under the health service and social services is complying with the integration delivery principles and contributing to achieving the national health and wellbeing outcomes,

(c) reviewing and evaluating the effectiveness of a strategic plan prepared under section 29 of the 2014 Act in complying with the integration delivery principles and contributing to achieving the national health and wellbeing outcomes,

(d) encouraging improvement in the extent to which implementation of a strategic plan prepared under section 29 of the 2014 Act complies with the integration delivery principles and contributes to achieving the national health and wellbeing outcomes, and

(e) enabling consideration as to the need for any recommendations to be prepared as to any such improvement to be included in the report prepared under section 10N.]

[F7 (1C) HIS may inspect any service provided under the 2021 Act in pursuance of its general duty of furthering improvement in the quality of those services.]

(2) An inspection under this section must be conducted in accordance with a plan—

(a) prepared in accordance with section 10L; and

(b) approved by the Scottish Ministers.

[F8 (3) In this section—

• “ integration delivery principles ” has the meaning given by section 31 of the 2014 Act;

• “ national health and wellbeing outcomes ” has the same meaning as in section 5(1) of the 2014 Act;

• “ social services ” has the meaning given by section 46 of the Public Services Reform (Scotland) Act 2010. ]]

Textual Amendments

F2 Words in s. 10I heading inserted (1.4.2022) by The Forensic Medical Services (Modification of Functions of Healthcare Improvement Scotland and Supplementary Provision) Regulations 2022 (S.S.I. 2022/88), reg. 1, sch. para. 5(a)

F3 S. 10I(1) substituted (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 55(2)(a), 72(2); S.S.I. 2014/231, art. 2

F4 Word in s. 10I(1)(a) repealed (1.4.2024) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 6(4)(a), 15(2); S.S.I. 2024/20, reg. 2(2)

F5 S. 10I(1)(c) and word inserted (1.4.2024) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 6(4)(b), 15(2); S.S.I. 2024/20, reg. 2(2)

F6 S. 10I(1A)(1B) inserted (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 55(2)(b), 72(2); S.S.I. 2014/231, art. 2

F7 S. 10I(1C) inserted (1.4.2022) by The Forensic Medical Services (Modification of Functions of Healthcare Improvement Scotland and Supplementary Provision) Regulations 2022 (S.S.I. 2022/88), reg. 1, sch. para. 5(b)

F8 S. 10I(3) inserted (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 55(2)(c), 72(2); S.S.I. 2014/231, art. 2