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National Health Service Reform (Scotland) Act 2004

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This is the original version (as it was originally enacted).

Public involvement

7Public involvement

After section 2A of the 1978 Act (inserted by section 9(2)) insert—

2BDuty to encourage public involvement

(1)It is the duty of every body to which this section applies to take action with a view to securing, as respects health services for which it is responsible, that persons to whom those services are being or may be provided are involved in, and consulted on—

(a)the planning and development, and

(b)decisions to be made by the body significantly affecting the operation,

of those services.

(2)This section applies to—

(a)Health Boards,

(b)Special Health Boards, and

(c)the Agency.

(3)For the purposes of subsection (1) a body is responsible for health services if they are health services—

(a)which it is the function of the body to provide, or secure the provision of, and

(b)which are provided, or to be provided, to individuals by—

(i)the body, or

(ii)another person on the body’s behalf, at the body’s direction or in accordance with an agreement made by the body with that other person.

8Dissolution of local health councils

(1)Local health councils established by virtue of section 7 of the 1978 Act are dissolved on such date as the Scottish Ministers may by order made by statutory instrument specify.

(2)A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

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