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The NHS Education for Scotland Order 2002

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Functions of the Board

4.—(1) The Board shall exercise the following functions of the Scottish Ministers namely–

(a)functions in relation to providing, co-ordinating, developing, funding and advising on education and training for persons providing or intending to provide services under the Act in Scotland conferred by the Act including, without prejudice to the foregoing generality, those specified in section 47 of the Act (making available facilities for education, research and training); and

(b)functions specified in paragraph (2) subject, however, to any limitations there specified.

(2) The functions specified in this paragraph are as follows:–

(a)the power of the Scottish Ministers under section 16(1) of the Act to assist any voluntary organisations whose activities include the provision of a service similar or related to a service provided by the Board under the Act;

(b)the power of the Scottish Ministers under section 16(B) of the Act(1) to give financial assistance to voluntary organisations limited to assistance to such organisations whose activities consist of or include the provision of services similar to services provided by the Board for the purpose of education and training, the co-ordination, developing and advising on or of education and training and the assistance so given is given on such terms and conditions as the Scottish Ministers might determine;

(c)the powers of the Scottish Ministers under section 79(1) of the Act(2) to take on lease or to purchase moveable property and land which is required for the purposes of the Board and to use for those purposes and manage any heritable or moveable property so acquired;

(d)the power of the Scottish Ministers under paragraph 4 of Schedule 1 to the Act, as applied in relation to the Board by article 6, to pay remuneration to the chairman of the Board and to such other members thereof as may be prescribed so, however, that this sub-paragraph shall not be construed as extending to the power to determine the remuneration or to prescribe the members to whom it may be paid;

(e)the power of the Scottish Ministers under paragraph 13 of Schedule 1 to the Act, as applied in relation to the Board by article 6, to pay to members of the Board, and any committees and sub-committees thereof, travelling and other allowances so, however, that this sub-paragraph shall not be construed as extending to the power to determine the amount of such allowances.

(3) In exercising any functions of the Scottish Ministers to acquire, use, manage or dispose of land the Board shall ensure–

(a)that any instrument in connection with the exercise of those functions is in the name of Scottish Ministers and not that of the Board; and

(b)that, where any such instrument requires to be executed on behalf of the Scottish Ministers and it is not executed in accordance with section 1(8) of the Reorganisation of Offices (Scotland) Act 1939(3), it is executed on their behalf in accordance with paragraph 6 of Schedule 2 to the Requirements of Writing (Scotland) Act 1995(4).

(4) Nothing in this Order shall prevent or restrict any of the following from exercising any function conferred upon them by or under the Act–

(a)the Scottish Ministers;

(b)any Health Board;

(c)any other Special Health Board; or

(d)the Common Services Agency.

(1)

Section 16B was inserted by the 1983 Act, section 3.

(2)

Section 79(1) was amended by the 1990 Act, Schedule 9, paragraph 19(15)(a).

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