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Public Services Reform (Scotland) Act 2010

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National Health Service (Scotland) Act 1978 (c. 29)S

1The National Health Service (Scotland) Act 1978 is amended as follows.S

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I1Sch. 17 para. 1 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I2Sch. 17 para. 1 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

2In section 2A (duty of Health Boards and others to promote health improvement)—S

(a)in subsection (1) after “of”, where it second occurs, insert “ HIS and ”,

(b)in subsection (2) for “or the Agency” substitute “ the Agency or HIS ”,

(c)in subsection (3) for “or the Agency” substitute “ , the Agency or HIS ”.

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Commencement Information

I3Sch. 17 para. 2 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I4Sch. 17 para. 2 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

3In the title to that section, for “and the Agency” substitute “ , the Agency and HIS ”.S

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Commencement Information

I5Sch. 17 para. 3 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I6Sch. 17 para. 3 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

4In section 2D (equal opportunities), in subsection (1), for “and the Agency” substitute “ , the Agency and (as respects its health service functions only) HIS ”.S

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Commencement Information

I7Sch. 17 para. 4 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I8Sch. 17 para. 4 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

5In section 13 (co-operation between Health Boards and other authorities), after “Boards,” insert “ HIS (as respects its health service functions only), ”.S

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Commencement Information

I9Sch. 17 para. 5 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I10Sch. 17 para. 5 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

6In section 13A (co-operation in planning of services for disabled persons, the elderly and others), in subsection (1), after “section” where it third occurs insert “ (including HIS) ”.S

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Commencement Information

I11Sch. 17 para. 6 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I12Sch. 17 para. 6 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

7In section 15 (supply of goods and services to local authorities, etc.)—S

(a)after subsection (1), insert—

(1A)Paragraphs (b) to (e) of subsection (1) apply to HIS (in respect of the exercise of its health service functions only) as they apply to a Health Board.,

(b)in subsection (2), after “subsection (1)”, insert “ (including paragraph (b) as applied by subsection (1A)) ”.

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Commencement Information

I13Sch. 17 para. 7 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I14Sch. 17 para. 7 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

8In section 17A (NHS contracts), after subsection (2)(b) insert—S

(ba)HIS;.

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Commencement Information

I15Sch. 17 para. 8 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I16Sch. 17 para. 8 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

9In section 77 (default powers), in subsection (1)—S

(a)the word “or” immediately following paragraph (a) is repealed,

(b)after paragraph (c) insert ; or

(d)HIS,.

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Commencement Information

I17Sch. 17 para. 9 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I18Sch. 17 para. 9 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

10In section 78A (powers in case of service failure)—S

(a)in subsection (4)—

(i)the word “or” immediately following paragraph (b) is repealed,

(ii)after paragraph (c) insert , or

(d)HIS.,

(b)in subsection (5)(a), for “or the Agency” substitute “ , the Agency or HIS. ”.

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Commencement Information

I19Sch. 17 para. 10 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I20Sch. 17 para. 10 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

11In section 79 (purchase of land and moveable property), in subsection (3), for “or the Agency” substitute “ , the Agency or (in connection with the exercise of its health service functions only) HIS ”.S

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Commencement Information

I21Sch. 17 para. 11 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I22Sch. 17 para. 11 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

12In section 83 (power of Health Boards and local health councils to hold property on trust)—S

(a)in subsection (1), after “Board” insert “ , and HIS, ”,

(b)after that subsection insert—

(1ZA)Any reference in subsection (1) to a function of HIS is to be construed as a reference to that body's health service functions only..

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Commencement Information

I23Sch. 17 para. 12 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I24Sch. 17 para. 12 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

13In section 84 (power of trustees to make payments to Health Boards)—S

(a)in subsection (1)—

(i)after “Board”, where it second occurs, insert “ or (in connection with the exercise of its health service functions only) by HIS ”,

(ii)after “concerned” insert “ or, as the case may be, to HIS ”,

(b)in subsection (3), after “Board” insert “ or to HIS ”.

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Commencement Information

I25Sch. 17 para. 13 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I26Sch. 17 para. 13 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

14In section 84A (power to raise money, etc. by appeals, collections, etc.)—S

(a)in subsection (1), after “Board” insert “ or (in connection with the exercise of its health service functions only) HIS ”,

(b)in subsection (3), after “power” insert “ or, as the case may be, by or for the benefit of HIS, ”,

(c)after subsection (4) insert—

(4A)Subsection (4) applies (subject to the subsections mentioned there) to HIS in respect of property given in pursuance of this section as it applies to a Health Board in respect of such property given at the instance of the Health Board.,

(d)in subsection (5)—

(i)after “Board”, where it first occurs, insert “ or by HIS ”,

(ii)at the end insert “ or, as the case may be, of HIS as HIS thinks fit. ”,

(e)in subsection (6)—

(i)after “Board”, where it first occurs, insert “ or by HIS ”,

(ii)in paragraph (a) after “Board” insert “ or, as the case may be, HIS ”,

(iii)in paragraph (b) after “Board”, where it first occurs, insert “ or by HIS ”,

(iv)at the end insert “ or, as the case may be, any of the health service functions of HIS as HIS thinks fit. ”,

(f)in subsection (7), after “Board” insert “ or, as the case may be, HIS ”.

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Commencement Information

I27Sch. 17 para. 14 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I28Sch. 17 para. 14 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

15In section 85AA (means of meeting expenditure of Health Boards out of public funds)—S

(a)in subsection (3)—

(i)after “Board”, where it first occurs, insert “ and to HIS ”,

(ii)after “Board”, where it second occurs, insert “ or, as the case may be, HIS ”,

(b)in subsection (4)(a) after “functions” insert “ or, as the case may be, by HIS of its health service functions, ”,

(c)in subsection (6) after “Board” insert “ or to HIS ”,

(d)in subsection (8)—

(i)after “Board”, where it first occurs, insert “ or to HIS ”,

(ii)after “subsection” insert “ and HIS, when directions are so given to it, ”.

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Commencement Information

I29Sch. 17 para. 15 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I30Sch. 17 para. 15 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

16In section 85 (expenses of certain bodies)—S

(a)in subsection (1), after paragraph (e) insert—

(ea)HIS;,

(b)after that subsection insert—

(1A)The reference in subsection (1) to the functions of HIS is to be construed as a reference to that body's health service functions only..

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Commencement Information

I31Sch. 17 para. 16 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I32Sch. 17 para. 16 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

17In section 85A (financial duties of bodies referred to in section 85)—S

(a)after subsection (1) insert—

(1A)References to “functions” in subsection (1) are, in the application of that subsection to HIS, to be construed as references to HIS's health service functions only.,

(b)in subsection (4)(a), after “Board” insert “ , HIS ”.

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Commencement Information

I33Sch. 17 para. 17 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I34Sch. 17 para. 17 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

18In section 85B (schemes for meeting losses and liabilities etc. of certain health service bodies)—S

(a)in subsection (2), after paragraph (e) insert—

(ea)HIS;,

(b)after that subsection insert—

(2A)The reference—

(a)in paragraph (a) of subsection (1) to property of HIS is to be construed as a reference to property held by HIS in connection with the exercise of its health service functions;

(b)in paragraph (b) of that subsection to the functions of HIS is to be construed as a reference to the health service functions of that body.,

(c)in subsection (3)(a), after “Agency” insert “ HIS ”,

(d)in subsection (4)(b), after “Agency” insert “ , HIS ”.

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Commencement Information

I35Sch. 17 para. 18 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I36Sch. 17 para. 18 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

19In section 86 (accounts of Health Boards and the Agency)—S

(a)in subsection (1)—

(i)after paragraph (b) insert—

(ba)HIS;,

(ii)after “them” insert “ (in the case of HIS, in connection with the exercise of that body's health service functions only) ”,

(b)in each of subsections (3) and (4), for “and (b)” substitute “ , (b) and (ba) ”.

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Commencement Information

I37Sch. 17 para. 19 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I38Sch. 17 para. 19 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

20In section 87 (regulation of financial arrangements of Health Boards)—S

(a)in subsection (1), after “Agency” insert “ HIS ”,

(b)after subsection (3) add—

(4)In relation to HIS, the references—

(a)in subsection (1) to payments;

(b)in subsection (2) to arrangements and affairs; and

(c)in subsection (3) to affairs,

are to be construed as references to payments, arrangements and affairs for or in connection with the exercise by HIS of its health service functions only..

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Commencement Information

I39Sch. 17 para. 20 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I40Sch. 17 para. 20 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

21In section 105 (orders, regulations and directions), in subsection (3)—S

(a)after “under”, where it first occurs, insert “ section 10O, section 10Z7 or ”,

(b)after “under”, where it second occurs, insert “ section 10G, 10Z16(3) or ”.

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Commencement Information

I41Sch. 17 para. 21 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I42Sch. 17 para. 21 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

22In section 108 (interpretation and construction), after the definition of “health service hospital” insert—S

HIS” has the meaning indicated in section 10A;.

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Commencement Information

I43Sch. 17 para. 22 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I44Sch. 17 para. 22 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

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