Public Services Reform (Scotland) Act 2010 Explanatory Notes

Scottish Health Council
Section 10Z16 – Establishment of Scottish Health Council

261.This section requires HIS to establish a committee of its board known as the Scottish Health Council and to delegate to the Council the functions, set out at 10C(1)(b) and (c), of supporting, ensuring and monitoring the duties under section 2B of the 1978 Act for Health Boards, Special Health Boards and the Commons Services Agency to encourage public involvement in the health services for which they are responsible; and of supporting, ensuring and monitoring the promotion under section 2D of that Act, equal opportunities in the delivery of all their functions.

262.This section also provides that Scottish Ministers may at some future time by order, modify the functions delegated or remove the requirement on HIS to delegate specific functions to SHC and then to dissolve the SHC. Any order dissolving SHC may be reversed at some future date.

Section 10Z17 – Transfer of staff

263.This section clarifies that section 12CA concerning transfer of staff amongst health service bodies is applicable to HIS and provides that the existing staff of NHS Quality Improvement Scotland will transfer to HIS on the date on which it is established as a new body.

Section 10Z18 – “Provide” in relation to independent health care services

264.This section provides a definition of the term “provide” in this Part of the Act which is to carry on or manage an independent healthcare service.

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