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Public Services Reform (Scotland) Act 2010

Consultation with Mental Welfare Commission for Scotland

Section 10Z19 – Duty of HIS to consult the Mental Welfare Commission for Scotland

265.This section provides that HIS must consult the Mental Welfare Commission for Scotland (MWCS) where HIS is exercising its functions in relation to the provision of guidance, advice or information and considers it appropriate to do so, having regard the MWCS’ similar powers to promote best practice.

Section 109 – Transfer of staff, etc. to Healthcare Improvement Scotland

266.This section allows an order to be drafted to specify which (if any) staff currently employed by the Care Commission may be transferred to HIS and what property and liabilities of the Care Commission may be transferred into HIS. The provisions of section 102(1)(a), (3), (4) and (5) apply to staff transferred into HIS and references to SCSWIS in those paragraphs are to be read as references to HIS, and section 102(1)(b) is to be read as applying to property, etc, to be transferred to HIS rather than to SCSWIS.

Section 110 – Healthcare Improvement Scotland: constitution, etc.

267.Subsection (1) gives effect to schedule 16 which inserts schedule 5A into the National Health Service (Scotland) Act 1978. Subsection (2) gives effect to schedule 17 which contains modifications of enactments consequential on section 108.

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