The NHS Quality Improvement Scotland Order 2002

Article 5(1)

SCHEDULE ENACTMENTS APPLIED TO THE BOARD

PART I THE ACT

Column 1	Column 2	Column 3
Enactment	Nature of Provision	Modifications 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 13	Co-operation between Health Boards and other Authorities(3)
Section 13A	Co operation in planning of services for disabled persons, the elderly and others(4)
Section 15–
Sub-section (1)(b)	Supply of goods to local and education authorities and other public bodies
Sub-section (1)(c)	Provision of services to local and education authorities(5)
Sub-section (1)(d)	Use of health service premises by local and education authorities
Sub-section (1)(e)	Use of health service vehicles etc. by local and education authorities
Sub-section (2)	Arrangements with third parties for the supply of goods and materials	Applied so far as it relates to sub section (1)(b)
Section 17A	Power to enter into arrangements with NHS bodies for the provision of goods and services (“NHS contracts”)(6)
In Part IV
Section 77	Default powers(7)
In Part V In section 79–
Sub section (1A)	Power of the Scottish Ministers to dispose of land(8)
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 84	Power to trustees to make payments to Health Boards(9)
Section 84A	Power to raise money and property by appeals, collections and other similar activities(10)
Section 85AA	Means of meeting expenditure of Health Boards out of public funds(11)
In section 85–	Expenses of certain bodies(12)
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(13)
Sub section (3)	Power to make directions in relation to duty under sub section (1)
Sub section (4)	Disregard for the purposes of the section of certain trust funds
Section 85B	Power to make provision for meeting losses and liabilities etc. of certain health service bodies(14)
Section 86	Provision in relation to the keeping and auditing of accounts, to their submission to the Scottish Ministers(15)
Section 87	Power to make regulations as to financial arrangements of health service bodies
In Part VII–
Section 101	Protection of Health Boards(16)
In Schedule 1–	Health Boards
Paragraph 1	Health Boards to be bodies corporate and have a common seal
Paragraph 2	Appointment of Chairman and members
Paragraph 4	Payment of remuneration to the Chairman and such members of Health Boards as may be prescribed(17)
Paragraph 5	Employment of officers and servants(18)
Paragraph 5A	Power to make regulations as to the date of appointment(19)
Paragraph 6	Power to make regulations as to method of appointment, qualifications, remuneration and conditions of service of officers and servants
Paragraph 7	Officers and servants employed in accordance with regulations and directions(20)
Paragraph 7A	Power to make regulations providing for transfer of officers and servants(21)
Paragraph 7B	Directions to Health Boards to place officers or servants at disposal of other bodies(22)
Paragraph 11	Power to make regulations as to appointment, committees and procedure(23)
Paragraph 11A	Subscription to funds of other bodies(24)
Paragraph 12	Proceedings not to be invalidated by vacancies
Paragraph 13	Payment to members of a Health Board, the committees and sub-committees thereof of travelling and other allowances, including compensation for loss of remunerative time
Paragraph 14	Allowances not payable except in circumstances determined by the Scottish Ministers
Paragraph 15	Time and method of payment of allowances
In Schedule 5–	The Agency
Paragraph 7B	Power to make regulations providing for the transfer of officers and servants(25)
Paragraph 7C	Power to make directions as to placing of staff with other bodies(26)

PART II ACTS OTHER THAN THE ACT

Column 1	Column 2	Column 3
Enactment	Nature of Provision	Modifications and Limitations (where applicable)
The Public Bodies (Admission to Meetings) Act1960(27)	Admission of the public to meetings
Health and Medicines Act 1988(28) section 7(1)–(8)	Extension of powers of Scottish Ministers for financing the Health Service
Health Service Commissioners Act 1993(29)	Provisions for investigations by the Health Service Commissioner for Scotland
Requirements of Writing (Scotland) Act 1995(30) Schedule 2, paragraph 6	Where they have delegated any function relating to the acquisition management or disposal of land, power of the Scottish Ministers to authorise any officer of a Health Board to execute an instrument on their behalf

PART III ENACTMENTS OTHER THAN ACTS OF PARLIAMENT

Column 1	Column 2	Column 3
Enactment	Nature of Provision	Modifications and Limitations (where applicable)
The National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974(31)	Prohibits employment for provision of services under the National Health Service of certain health professions unless they are registered under the Professions Supplementary to Medicine Act 1960(32)
The National Health Service (Financial Provisions) (Scotland) Regulations 1974(33)	Preparation of estimates of income and expenditure and accounts of Health Boards and related matters of a financial nature	Limited so as to exclude the application of any provisions relative to Local Health Councils or the Agency
The National Health Service (Food Premises) (Scotland) Regulations 1987(34)	Health Authorities (including Health Boards) to be treated for the purpose of food legislation (as defined in the Regulations) as both owners and occupiers of premises used by them
The National Health Service (Remuneration and Conditions of Service) (Scotland) Regulations 1991(35)	The determination of remuneration and conditions of service of officers of Health Boards
The National Health Service (Appointment of Consultants) (Scotland) Regulations 1993(36)	Appointment as an officer of a Health Board of any registered medical or dental practitioner to the post of consultant or of any registered medical practitioner to the post of community medicine specialist
The Health Boards (Membership and Procedure) (Scotland) Regulations 2001(37)	Provision as to the membership and procedure to be applied by Health Boards	Limited so as to exclude the application of the provisions of regulation 6(1)(e) and the provisions of regulation 7(1) in so far as regulation 7(1) prohibits the appointment of those also holding certain positions within Health Boards or National Health Service Trusts.

(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 15 (1)(c) was amended by the 1980 Act, section 3(2).

(6)

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.

(7)

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

(8)

Section 79(1A) was inserted by section 14(2) and Schedule 7, paragraph 3 of the 1983 Act and was repealed in part by the 1995 Act, section 14(2) and Schedule 5.

(9)

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

(10)

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

(11)

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

(12)

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

(13)

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.

(14)

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

(15)

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

(16)

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

(17)

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

(18)

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

(19)

Paragraph 5A was inserted by the 1983 Act, Schedule 7, paragraph 4 and amended by the 1990 Act, Schedule 5.

(20)

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

(21)

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

(22)

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

(23)

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.

(24)

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

(25)

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

(26)

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

(27)

1960 c. 67.

(28)

1988 c. 49.

(29)

1993 c. 46.

(30)

1995 c. 7.

(31)

S.I. 1974/549.

(32)

1960 c. 66.

(33)

S.I. 1974/468.

(34)

S.I. 1987/2, amended by S.I. 1990/2625.

(35)

S.I. 1991/537.

(36)

S.I. 1993/994.

(37)

S.I. 2001/302.