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Health and Care (Staffing) (Scotland) Act 2019

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5Application of duties to certain Special Health BoardsS

(1)The State Hospitals Board for Scotland Order 1995 (S.I. 1995/574) is amended in accordance with subsections (2) and (3).

(2)In Part I of the schedule—

(a)in column 1—

(i)after the entry relating to section 10(4) of the National Health Service (Scotland) Act 1978, insert “ Section 12IA ”,

(ii)after the entry inserted by sub-paragraph (i), insert “ Section 12IC ”,

(iii)after the entry inserted by sub-paragraph (ii), insert “ Section 12ID ”,

(iv)after the entry inserted by sub-paragraph (iii), insert “ Section 12IE ”,

(v)after the entry inserted by sub-paragraph (iv), insert “ Section 12IF ”,

(vi)after the entry inserted by sub-paragraph (v), insert “ Section 12IH ”,

(vii)after the entry inserted by sub-paragraph (vi), insert “ Section 12II ”,

(viii)after the entry inserted by sub-paragraph (vii), insert “ Section 12IJ ”,

(ix)after the entry inserted by sub-paragraph (viii) , insert “ Section 12IL ”,

(x)after the entry inserted by sub-paragraph (ix), insert “ Section 12IM ”, and

(xi)after the entry inserted by sub-paragraph (x), insert “ Section 12IN ”, and

(b)in column 2—

(i)in the place corresponding to the entry inserted by paragraph (a)(i), insert “ Duty to ensure appropriate staffing ”,

(ii)in the place corresponding to the entry inserted by paragraph (a)(ii), insert “ Duty to have real-time staffing assessment in place ”,

(iii)in the place corresponding to the entry inserted by paragraph (a)(iii), insert “ Duty to have risk escalation process in place ”,

(iv)in the place corresponding to the entry inserted by paragraph (a)(iv), insert “ Duty to have arrangements to address severe and recurrent risks ”,

(v)in the place corresponding to the entry inserted by paragraph (a)(v), insert “ Duty to seek clinical advice on staffing ”,

(vi)in the place corresponding to the entry inserted by paragraph (a)(vi), insert “ Duty to ensure adequate time given to clinical leaders ”,

(vii)in the place corresponding to the entry inserted by paragraph (a)(vii), insert “ Duty to ensure appropriate staffing: training of staff ”,

(viii)in the place corresponding to the entry inserted by paragraph (a)(viii), insert “ Duty to follow common staffing method ”,

(ix)in the place corresponding to the entry inserted by paragraph (a)(ix), insert “ Duties of training and consultation of staff ”,

(x)in the place corresponding to the entry inserted by paragraph (a)(x), insert “ Duty of reporting on staffing ”, and

(xi)in the place corresponding to the entry inserted by paragraph (a)(xi), insert “ Duty to have regard to Ministerial guidance on staffing ”.

(3)In Part II of the schedule—

(a)in column 1, at the end, insert “ Section 2 of the Health and Care (Staffing) (Scotland) Act 2019 ”, and

(b)in column 2, in the place corresponding to the entry inserted by paragraph (a), insert “ Duties to have regard to guiding principles etc. in health care staffing and planning ”.

(4)The Scottish Ambulance Service Board Order 1999 (S.I. 1999/686) is amended in accordance with subsections (5) and (6).

(5)In Part I of the schedule—

(a)in column 1—

(i)after the entry relating to section 10(4) of the National Health Service (Scotland) Act 1978, insert “ Section 12IA ”,

(ii)after the entry inserted by sub-paragraph (i), insert “ Section 12IC ”,

(iii)after the entry inserted by sub-paragraph (ii), insert “ Section 12ID ”,

(iv)after the entry inserted by sub-paragraph (iii), insert “ Section 12IE ”,

(v)after the entry inserted by sub-paragraph (iv), insert “ Section 12IF ”,

(vi)after the entry inserted by sub-paragraph (v), insert “ Section 12IH ”,

(vii)after the entry inserted by sub-paragraph (vi), insert “ Section 12II ”,

(viii)after the entry inserted by sub-paragraph (vii), insert “ Section 12IM ”, and

(ix)after the entry inserted by sub-paragraph (viii), insert “ Section 12IN ”,

(b)in column 2—

(i)in the place corresponding to the entry inserted by paragraph (a)(i), insert “ Duty to ensure appropriate staffing ”,

(ii)in the place corresponding to the entry inserted by paragraph (a)(ii), insert “ Duty to have real-time staffing assessment in place ”,

(iii)in the place corresponding to the entry inserted by paragraph (a)(iii), insert “ Duty to have risk escalation process in place ”,

(iv)in the place corresponding to the entry inserted by paragraph (a)(iv), insert “ Duty to have arrangements to address severe and recurrent risks ”,

(v)in the place corresponding to the entry inserted by paragraph (a)(v), insert “ Duty to seek clinical advice on staffing ”,

(vi)in the place corresponding to the entry inserted by paragraph (a)(vi), insert “ Duty to ensure adequate time given to clinical leaders ”,

(vii)in the place corresponding to the entry inserted by paragraph (a)(vii), insert “ Duty to ensure appropriate staffing: training of staff ”,

(viii)in the place corresponding to the entry inserted by paragraph (a)(viii), insert “ Duty of reporting on staffing ”, and

(ix)in the place corresponding to the entry inserted by paragraph (a)(ix), insert “ Duty to have regard to Ministerial guidance on staffing ”, and

(c)in column 3—

(i)in the place corresponding to the entry inserted by paragraph (a)(viii), insert “ Applied in so far as it relates to sections 12IA, 12IC and 12ID of the Act and section 2 of the Health and Care (Staffing) (Scotland) Act 2019 ”, and

(ii)in the place corresponding to the entry inserted by paragraph (a)(ix), insert “ Applied in so far as it relates to sections 12IA, 12IC and 12ID of the Act and section 2 of the Health and Care (Staffing) (Scotland) Act 2019 ”.

(6)In Part II of the schedule—

(a)in column 1, at the end, insert “ Section 2 of the Health and Care (Staffing) (Scotland) Act 2019 ”, and

(b)in column 2, in the place corresponding to the entry inserted by paragraph (a), insert “ Duties to have regard to guiding principles etc. in health care staffing and planning ”.

(7)The NHS 24 (Scotland) Order 2001 (S.S.I. 2001/137) is amended in accordance with subsections (8) and (9).

(8)In Part I of the schedule—

(a)in column 1—

(i)after the entry relating to section 10(4) of the National Health Service (Scotland) Act 1978, insert “ Section 12IA ”,

(ii)after the entry inserted by sub-paragraph (i), insert “ Section 12IC ”,

(iii)after the entry inserted by sub-paragraph (ii), insert “ Section 12ID ”,

(iv)after the entry inserted by sub-paragraph (iii), insert “ Section 12IE ”,

(v)after the entry inserted by sub-paragraph (iv), insert “ Section 12IF ”,

(vi)after the entry inserted by sub-paragraph (v), insert “ Section 12IH ”,

(vii)after the entry inserted by sub-paragraph (vi), insert “ Section 12II ”,

(viii)after the entry inserted by sub-paragraph (vii), insert “ Section 12IJ ”,

(ix)after the entry inserted by sub-paragraph (viii), insert “ Section 12IL ”,

(x)after the entry inserted by sub-paragraph (ix), insert “ Section 12IM ”, and

(xi)after the entry inserted by sub-paragraph (x), insert “ Section 12IN ”, and

(b)in column 2—

(i)in the place corresponding to the entry inserted by paragraph (a)(i), insert “ Duty to ensure appropriate staffing ”,

(ii)in the place corresponding to the entry inserted by paragraph (a)(ii), insert “ Duty to have real-time staffing assessment in place ”,

(iii)in the place corresponding to the entry inserted by paragraph (a)(iii), insert “ Duty to have risk escalation process in place ”,

(iv)in the place corresponding to the entry inserted by paragraph (a)(iv), insert “ Duty to have arrangements to address severe and recurrent risks ”,

(v)in the place corresponding to the entry inserted by paragraph (a)(v), insert “ Duty to seek clinical advice on staffing ”,

(vi)in the place corresponding to the entry inserted by paragraph (a)(vi), insert “ Duty to ensure adequate time given to clinical leaders ”,

(vii)in the place corresponding to the entry inserted by paragraph (a)(vii), insert “ Duty to ensure appropriate staffing: training of staff ”,

(viii)in the place corresponding to the entry inserted by paragraph (a)(viii), insert “ Duty to follow common staffing method ”,

(ix)in the place corresponding to the entry inserted by paragraph (a)(ix), insert “ Duties of training and consultation of staff ”,

(x)in the place corresponding to the entry inserted by paragraph (a)(x), insert “ Duty of reporting on staffing ”, and

(xi)in the place corresponding to the entry inserted by paragraph (a)(xi), insert “ Duty to have regard to Ministerial guidance on staffing ”.

(9)In Part II of the schedule—

(a)in column 1, at the end, insert “ Section 2 of the Health and Care (Staffing) (Scotland) Act 2019 ”, and

(b)in column 2, in the place corresponding to the entry inserted by paragraph (a), insert “ Duties to have regard to guiding principles etc. in health care staffing and planning ”.

(10)The National Waiting Times Centre Board (Scotland) Order 2002 (S.S.I. 2002/305) is amended in accordance with subsections (11) and (12).

(11)In Part I of the schedule—

(a)in column 1—

(i)after the entry relating to section 10(4) of the National Health Service (Scotland) Act 1978, insert “ Section 12IA ”,

(ii)after the entry inserted by sub-paragraph (i), insert “ Section 12IC ”,

(iii)after the entry inserted by sub-paragraph (ii), insert “ Section 12ID ”,

(iv)after the entry inserted by sub-paragraph (iii), insert “ Section 12IE ”,

(v)after the entry inserted by sub-paragraph (iv), insert “ Section 12IF ”,

(vi)after the entry inserted by sub-paragraph (v), insert “ Section 12IH ”,

(vii)after the entry inserted by sub-paragraph (vi), insert “ Section 12II ”,

(viii)after the entry inserted by sub-paragraph (vii), insert “ Section 12IJ ”,

(ix)after the entry inserted by sub-paragraph (viii), insert “ Section 12IL ”,

(x)after the entry inserted by sub-paragraph (ix), insert “ Section 12IM ”, and

(xi)after the entry inserted by sub-paragraph (x), insert “ Section 12IN ”, and

(b)in column 2—

(i)in the place corresponding to the entry inserted by paragraph (a)(i), insert “ Duty to ensure appropriate staffing ”,

(ii)in the place corresponding to the entry inserted by paragraph (a)(ii), insert “ Duty to have real-time staffing assessment in place ”,

(iii)in the place corresponding to the entry inserted by paragraph (a)(iii), insert “ Duty to have risk escalation process in place ”,

(iv)in the place corresponding to the entry inserted by paragraph (a)(iv), insert “ Duty to have arrangements to address severe and recurrent risks ”,

(v)in the place corresponding to the entry inserted by paragraph (a)(v), insert “ Duty to seek clinical advice on staffing ”,

(vi)in the place corresponding to the entry inserted by paragraph (a)(vi), insert “ Duty to ensure adequate time given to clinical leaders ”,

(vii)in the place corresponding to the entry inserted by paragraph (a)(vii), insert “ Duty to ensure appropriate staffing: training of staff ”,

(viii)in the place corresponding to the entry inserted by paragraph (a)(viii), insert “ Duty to follow common staffing method ”,

(ix)in the place corresponding to the entry inserted by paragraph (a)(ix), insert “ Duties of training and consultation of staff ”,

(x)in the place corresponding to the entry inserted by paragraph (a)(x), insert “ Duty of reporting on staffing ”, and

(xi)in the place corresponding to the entry inserted by paragraph (a)(xi), insert “ Duty to have regard to Ministerial guidance on staffing ”.

(12)In Part II of the schedule—

(a)in column 1, at the end, insert “ Section 2 of the Health and Care (Staffing) (Scotland) Act 2019 ”, and

(b)in column 2, in the place corresponding to the entry inserted by paragraph (a), insert “ Duties to have regard to guiding principles etc. in health care staffing and planning ”.

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