[F112INMinisterial guidance on staffingS
(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.]
Textual Amendments
F1Ss. 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)
Modifications etc. (not altering text)
C1S. 12IN applied by S.I. 1999/686, art. 5, Sch. Pt. 1 (as amended (15.5.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(5), 15(2); S.S.I. 2023/131, reg. 2, sch.; S.S.I. 2024/20, reg. 2(2))
C2Ss. 12IL-12IN applied by S.S.I. 2002/305, art. 5, sch. Pt. 1 (as amended (15.5.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(11), 15(2); S.S.I. 2023/131, reg. 2, sch.; S.S.I. 2024/20, reg. 2(2))
C3Ss. 12IL-12IN applied by S.S.I. 2001/137, art. 5, sch. Pt. 1 (as amended (15.5.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(8), 15(2); S.S.I. 2023/131, reg. 2, sch.; S.S.I. 2024/20, reg. 2(2))
C4Ss. 12IL-12IN applied by S.I. 1995/574, art. 5, Sch. Pt. 1 (as amended (15.5.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(2), 15(2); S.S.I. 2023/131, reg. 2, sch.; S.S.I. 2024/20, reg. 2(2))