Territorial application: Scotland
49.Certain provisions of the Act extend to Scotland, in addition to England and Wales and, in most cases, Northern Ireland. Certain key provisions are highlighted in the following paragraphs.
50.Provisions in Part 2 that extend to Scotland (as well as England and Wales and Northern Ireland):
abolish the Health Protection Agency (a body with a UK wide remit) and repeal the Health Protection Agency Act 2004 (section 56)
make provision for the Secretary of State and the DHSSPS to exercise biological substances functions jointly or separately in relation to Scotland (section 57);
make provision for the Secretary of State to exercise radiation protection in relation to Scotland (section 58);
confer functions on Scottish Ministers in relation to radiation protection (section 58);
repeal the AIDS (Control) Act 1987 which extends to Scotland (section 59);
provide a UK wide duty of co-operation between bodies exercising functions in relation to health protection (section 60).
51.Sections 128 to 133 in Chapter 5 of Part 3, concerning health special administration extend to Scotland (as well as England and Wales), given that the law of insolvency is generally a reserved matter.
52.Certain provisions of Part 7, concerning the regulation of health and social care workers, extend and apply to Scotland (as well as England and Wales and Northern Ireland) as they relate to bodies with functions in relation to Scotland.
53.Section 249 introduces Schedule 17, regarding the National Institute for Health and Care Excellence (NICE), which includes minor and consequential amendments to legislation that extends to Scotland (as well as England and Wales and Northern Ireland).
54.Section 252 introduces Schedule 18, regarding the Health and Social Care Information Centre, which includes consequential amendments to legislation that extends to Scotland (for example, the Employment Rights Act 1996), in addition to England and Wales and Northern Ireland.
55.Section 296 and Schedule 21 in Part 11 amend legislation relating to the health service in Scotland, (the National Health Service (Scotland) Act 1978) to make consequential and other amendments, including provision for arrangements between health bodies in Scotland and health bodies in England.
56.Some of these provisions fall within the terms of the Sewel Convention. The effect of the Sewel Convention is that Westminster will not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament. This has now been given through a legislative consent motion.
