The Health Education Board for Scotland Amendment Order 2003

Citation and commencement

1.  This Order may be cited as the Health Education Board for Scotland Amendment Order 2003 and shall come into force on 1st April 2003.

Interpretation

2.  For the purposes of this Order, “the principal Order” means the Health Education Board for Scotland Order 1990(1).

Amendment of article 2 of the principal Order

3.  In article 2(1) of the principal Order in the definition of “the Board” for “the Health Education Board for Scotland” substitute “NHS Health Scotland”.

Amendment of article 3 of the principal Order

4.  In article 3 of the principal Order for “the Health Education Board for Scotland” substitute “NHS Health Scotland”.

Amendment of article 4 of the principal Order

5.—(1) In article 4(1) of the principal Order, after sub paragraph (a) insert–

“(aa) functions in relation to the provision of research and development services in the field of public health conferred upon the Scottish Ministers by the Act”.

(2) In article 4(2)(d) of the principal Order omit–

• “disregarding so much of that sub-section as relates to the function of the Secretary of State to authorise certain officers to execute instruments on his behalf”.

(3) In article 4(3) of the principal Order for sub paragraph (b) substitute–

“(b) that, where any such instrument requires to be executed by the Scottish Ministers it is executed by a member of the Scottish Executive in accordance with paragraph 6 of Schedule 2 to the Requirements of Writing (Scotland) Act 1995(2)”.

Amendment to Part 1 of the Schedule to the principal Order

6.  In Part 1 of the Schedule to the principal Order–

(a) after the entry relating to section 13 insert–

(i) in column 1, “Section 13A”; and

(ii) in column 2, opposite thereto, “Co-operation in planning of the services for disabled persons, the elderly and others(3)”;

(b) omit the entries relating to sub-section (1A) of section 79;

(c) after the entry relating to section 84A insert–

(i) in column 1, “section 85AA”; and

(ii) in column 2, opposite thereto, “Means of meeting expenditure of health boards out of public funds(4)”; and

(d) after the entry relating to paragraph 5 of Schedule 1 insert–

(i) in column 1, “paragraph 5A”; and

(ii) in column 2, opposite thereto “Provision concerning regulations and directions made under paragraph 5 above(5)”.

Amendment of Part III of the Schedule to the principal Order

7.  In Part III of the Schedule to the principal Order–

(a) omit the entries relating to the National Health Service (Remuneration and Conditions of Service) (Scotland) Regulations 1974(6);

(b) omit the entries relating to the National Health Service (Appointment of Consultants and Community Medicine Specialists) (Scotland) Regulations 1986(7); and

(c) at the end insert–

Column 1	Column 2	Column 3
Enactments and Provisions	Nature of Provision	Modifications and Limitations (where applicable)
The National Health Service (Remuneration and Conditions of Service) (Scotland) Regulations 1991(8)	The determination of remuneration and conditions of service of officers of Health Boards
The National Health Service (Appointment of Consultants) (Scotland) Regulations 1993(9)	Appointment as an officer of a Health Board of any registered medical or dental practitioner to the post of consultant
The Health Boards (Membership and Procedure) (Scotland) Regulations 2001(10)	Provision as to the membership of, and procedure to be applied by, Health Boards

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

6th March 2003