National Health Service (Scotland) Act 1978

Section 2.

SCHEDULE 1 Health Boards

PART I Constitution

1 A Health Board shall be a body corporate and shall have a common seal.

2 A Health Board shall consist of a chairman appointed by the Secretary of State and such number of other members so appointed as the Secretary of State thinks fit.

3 Appointments under paragraph 2 shall be made after consultation with the following bodies—

(a) each local authority (within the meaning of the [1973 c. 65.] Local Government (Scotland) Act 1973) in the area of the Health Board concerned;

(b) any university appearing to the Secretary of State to have an interest in the provision of health services in that area ;

(c) such organisations as the Secretary of State may recognise as representative in that area of the medical, dental, nursing, pharmaceutical and ophthalmic professions and such other professions as the Secretary of State considers appropriate, or of those professions generally; and

(d) such other organisations as appear to the Secretary of State to be concerned.

4 The Secretary of State may pay to the chairman of a Health Board such remuneration as he may, with the approval of the Minister for the Civil Service, from time to time determine.

5 A Health Board may employ such officers and servants on such terms as to remuneration and conditions of service as the Board may, subject to regulations, determine.

6 Regulations may make provision with respect to the method of appointment of officers or servants of a Health Board and as to the qualifications, remuneration and conditions of service of those persons.

7 No officer or servant of a Health Board to whom regulations apply shall be employed otherwise than in accordance with the regulations.

8 Regulations under paragraph 6 shall not contain a requirement that all consultants employed for the purpose of hospitals shall be employed whole-time.

9 The application of the seal of a Health Board to any document shall be attested by at least one member of the Board and by the person for the time being acting as Secretary of the Board.

10 Every document purporting to be an instrument issued by a Health Board, and to be sealed and attested as aforesaid or to be duly signed on behalf of the Board, shall be received in evidence and shall be deemed to be such an instrument without further proof, unless the contrary is shown.

PART II Supplementary provisions

11 Regulations may make provision—

(a) as to the appointment, tenure and vacation of office of chairman and members of Health Boards ;

(b) as to the delegation of functions to committees or sub-committees composed, as to a majority, of members of Health Boards ;

(c) as to the procedure of Health Boards, their committees and sub-committees ; and

(d) for the payment by Health Boards of subscriptions, of such amounts as the Secretary of State may approve, to the funds of such associations or other bodies as he may from time to time approve.

12 The proceedings of a Health Board shall not be invalidated by any vacancy in membership or by any defect in the appointment of any member thereof.

13 The Secretary of State shall pay to members of a Health Board, the committees and sub-committees thereof, such travelling and other allowances, including compensation for loss of remunerative time, as he may, with the approval of the Minister for the Civil Service, from time to time determine.

14 Allowances shall not be paid under paragraph 13 except in connection with the performance of such powers or duties, in such circumstances, as the Secretary of State may determine.

15 Payment under paragraph 13 shall be made at such times and in such manner, and subject to such conditions as to records, certificates or otherwise, as the Secretary of State may determine.

16 A Health Board may by agreement transfer to the Hospital Trust any endowments or income referred to in paragraph 4(e) of Schedule 6 for investment and management on their behalf, subject to any terms or conditions set out in the agreement, notwithstanding any restriction on the powers of investment of such endowments or income.

17 A Health Board may borrow from the Hospital Trust against their share in the capital of the Hospital Trust.

18 The functions transferred to and exercisable by Health Boards under section 56 of the [1972 c. 58.] National Health (Scotland) Act 1972 (functions under the [1938 c. 73.] Nursing Homes Registration (Scotland) Act 1938) shall continue to be exercisable by them under this paragraph.

19 The Secretary of State may, with any necessary modifications, by order apply any of the provisions of paragraph 1 of Schedule 9 to the [1971 c. 75.] Civil Aviation Act 1971 to the case of a person who enters the employment of a Health Board after having been employed in employment to which the said paragraph 1 applies, and any such order may provide that for the purposes of any enactment specified in the order, or for any other purposes so specified, there shall be deemed to have been no break in the employment of any such person.