C1Part I Organisation
F1Staffing
Ss. 12IA-12IO and cross-heading inserted (15.5.2023 for specified purposes, 6.2.2024 for specified purposes, 1.4.2024 for specified purposes) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 4(2), 15(2); S.S.I. 2023/131, reg. 2, sch.; S.S.I. 2024/20, reg. 2(1)(2)
C4C3C2C512INC5Ministerial guidance on staffing
1
Every Health Board and the Agency must have regard to any guidance issued by the Scottish Ministers about the carrying out of its duties under sections 12IA to 12IM.
2
Such guidance may, in particular, include provision about—
a
the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles etc. in health care staffing and planning, and
b
the use of the common staffing method, including—
i
each of the steps described in paragraphs (a) to (d) of section 12IJ(2), and
ii
decision-making, under paragraph (e) of that subsection, about staffing establishments and about the way in which health care is provided, and
c
procedures for the identification, mitigation and escalation of risks caused by staffing levels in arrangements put in place under sections 12IC to 12IE.
3
Before issuing such guidance, the Scottish Ministers must consult—
a
every Health Board,
b
every relevant Special Health Board,
c
every integration authority (within the meaning of section 59 of the Public Bodies (Joint Working) (Scotland) Act 2014),
d
HIS,
e
the Agency,
f
such trade unions and professional bodies as they consider to be representative of employees of the persons mentioned in paragraphs (a) to (e),
g
such professional regulatory bodies for employees of the persons mentioned in paragraphs (a) to (e) as they consider appropriate, and
h
such other persons as they consider appropriate.
4
The Scottish Ministers must publish any guidance issued under this section.
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))