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The NHS Education for Scotland Order 2002

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PART ITHE ACT

Column 1Column 2Column 3
EnactmentNature of ProvisionModifications and Limitations (where applicable)
In the Act
In Part I
In Section 2–Health Boards
Sub section (3)Variation of area and functions of Health Board
Sub section (4)Provisions incidental to variation of area or functions of Health Boards
Sub section (5)Health Boards to act in accordance with regulations or directions(1)
Sub section (8)Health Board to act as principal
In Section 10–Common Services Agency
Sub section (4)Power to provide that functions of Health Boards may be referred to the Agency(2)
Section 13Co-operation between Health Boards and other Authorities(3)
Section 13ACo-operation in planning of services for disabled persons, the elderly and others(4)
Section 17APower to enter into arrangements with NHS bodies for the provision of goods and services (“NHS contracts”)(5)
In Part IV
Section 77Default powers(6)
In Part V
In Section 79–
Sub section (1A)Power of Scottish Ministers to dispose of land(7)
Sub section (3)Power to acquire moveable property on behalf of the Scottish Ministers
In Section 83–
Sub section (1)Power to hold property on trust
Section 84Power to trustees to make payments to Health Boards(8)
Section 84APower to raise money and property by appeals, collections and other similar activities(9)
Section 85AAMeans of meeting expenditure of Health Boards out of public funds(10)
In Section 85–Expenses of certain bodies(11)
Sub section (1)Payment of expenses of certain bodies
Sub section (2)Date of allotment
Sub section (3)Power to make directions to bodies listed in sub section(1)
Sub section (4)Conditions subject to which payments shall be made
In Section 85A–
Sub section (1)Duty of bodies referred to in section 85(1) as regards expenditure(12)
Sub section (3)Power to make directions in relation to duty under subsection (1)
Sub section (4)Disregard for the purposes of the section of certain trust funds
Section 85BPower to make provision for meeting losses and liabilities etc of certain health service bodies(13)
Section 86Provision in relation to the keeping and auditing of accounts, to their submission to the Scottish Ministers(14)
Section 87Power to make regulations as to financial arrangements of health service bodies
In Part VII–
Section 101Protection of Health Boards(15)
In Schedule 1–Health Boards
Paragraph 1Health Boards to be bodies corporate and have a common seal
Paragraph 2Appointment of Chairman and members
Paragraph 4Payment of remuneration to the Chairman and such members of Health Boards as may be prescribed(16)
Paragraph 5Employment of officers and servants(17)
Paragraph 5APower to make regulations as to the date of appointment(18)
Paragraph 6Power to make regulations as to method of appointment, qualifications, remuneration and conditions of service of officers and servants
Paragraph 7Officers and servants employed in accordance with regulations and directions(19)
Paragraph 7APower to make regulations providing for transfer of officers and servants(20)
Paragraph 7BDirections to Health Boards to place officers or servants at disposal of other bodies(21)
Paragraph 11Power to make regulations as to appointment, committees and procedure(22)
Paragraph 11ASubscription to funds of other bodies(23)
Paragraph 12Proceedings not to be invalidated by vacancies
Paragraph 13Payment to members of a Health Board, the committees and sub-committees thereof of travelling and other allowances, including compensation for loss of remunerative timeThe words “, including compensation for loss of remunerative time,” shall be omitted
Paragraph 14Allowances not payable except in circumstances determined by the Scottish Ministers
Paragraph 15Time and method of payment of allowances
In Schedule 5–Common Services Agency
Paragraph 7BPower to make regulations providing for the transfer of officers and servants(24)
Paragraph 7CPower to make directions as to placing of staff with other bodies(25)
(1)

Section 2(5) was amended by the 1990 Act, Schedule 9, paragraph 19(1).

(2)

Section 10(4) was amended by the 1990 Act, Schedule 10 and by the 1999 Act, Schedule 4, paragraph 44.

(3)

Section 13 was amended by the 1990 Act, Schedule 9, paragraph 19(4).

(4)

Section 13A was inserted by the National Health Service (Amendment) Act 1986 (c. 66), section 5(1) and amended by the 1990 Act, Schedule 9, paragraph 19(5).

(5)

Section 17A was inserted by the 1990 Act, section 30 and amended by the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 102 and amended by the 1999 Act, Schedule 4, paragraph 46.

(6)

Section 77 was amended by the 1990 Act, Schedule 9, paragraph 19(14).

(7)

Section 79(1A) was repealed in part by the Requirements of Writing (Scotland) Act 1995 (c. 7), section 14(2) and Schedule 5.

(8)

Section 84 was amended by the 1990 Act, Schedule 9, paragraph 19(10).

(9)

Section 84A was inserted by the 1980 Act, section 5(2) and amended by the 1990 Act, Schedule 9, paragraph 19(17).

(10)

Section 85AA was inserted by the 1999 Act, section 52.

(11)

Section 85 was substituted by the 1999 Act, section 52.

(12)

Section 85A was inserted by the 1980 Act, section 6(4) and amended by the Health and Medicines Act 1988 (c. 49), section 16(4) and by the 1999 Act, Schedule 4, paragraph 55.

(13)

Section 85B was inserted by the 1990 Act, section 41 and amended by the 1999 Act, Schedule 4, paragraph 56.

(14)

Section 86 was amended by the 1990 Act, section 36(2) to (8) and amended by the 1999 Act, Schedule 4, paragraph 57.

(15)

Section 101 was amended by the 1990 Act, Schedule 9, paragraph 19(19).

(16)

Paragraph 4 was amended by the 1990 Act, Schedule 5, paragraph 3.

(17)

Paragraph 5 was amended by the 1980 Act, Schedule 6, paragraph 7(2) and Schedule 7.

(18)

Paragraph 5A was inserted by the 1983 Act, Schedule 7, paragraph 4.

(19)

Paragraph 7 was amended by the 1980 Act, Schedule 6, paragraph 7(3).

(20)

Paragraph 7A was inserted by the 1990 Act, Schedule 5, paragraph 5.

(21)

Paragraph 7B was inserted by the 1990 Act, Schedule 5, paragraph 5.

(22)

Paragraph 11 was amended by the 1980 Act, Schedule 6, paragraph 7(4) and Schedule 7 and by the 1990 Act, Schedule 5, paragraph 7.

(23)

Paragraph 11A was inserted by the 1980 Act, Schedule 6, paragraph 7(5).

(24)

Paragraph 7B was inserted by the 1990 Act, Schedule 5, paragraph 11.

(25)

Paragraph 7C was inserted by the 1990 Act, Schedule 5, paragraph 11.

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