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The National Health Service (Functions of the Common Services Agency) (Scotland) Amendment (No. 2) Order 2003

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Scottish Statutory Instruments

2003 No. 306

NATIONAL HEALTH SERVICE

The National Health Service (Functions of the Common Services Agency) (Scotland) Amendment (No. 2) Order 2003

Made

5th June 2003

Coming into force

6th June 2003

The Scottish Ministers, in exercise of the powers conferred by sections 10(4) and 105(6) of the National Health Service (Scotland) Act 1978(1) and of all other powers enabling them in that behalf, and after consultation with Health Boards, NHS trusts and such other interests as appeared to them to be concerned in accordance with section 10(4) of that Act, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the National Health Service (Functions of the Common Services Agency) (Scotland) Amendment (No. 2) Order 2003 and shall come into force on 6th June 2003.

Amendment of the National Health Service (Functions of the Common Services Agency) (Scotland) Order 1974

2.  For article 3(o) of the National Health Service (Functions of the Common Services Agency) (Scotland) Order 1974(2) substitute–

(o)the prevention, detection and investigation of fraud or other irregularities in relation to all services provided under the National Health Service (Scotland) Act 1978..

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

5th June 2003

Explanatory Note

(This note is not part of the Order)

This Order further amends the National Health Service (Functions of the Common Services Agency) (Scotland) Order 1974 (“the principal Order”).

The principal Order confers certain functions on the Common Services Agency including under article 3(o) of the principal Order, the function of prevention, detection and investigation of fraud or other irregularities in relation to the provision of general medical, dental and ophthalmic services, pharmaceutical services and personal medical services under the National Health Service (Scotland) Act 1978 (“the fraud function”).

Article 2 of this Order amends article 3(o) of the principal Order so as to extend the fraud function conferred upon the Common Services Agency so that it may be exercised not only in relation to those particular services but also all the services provided under the 1978 Act. These functions were previously exercised by Health Boards and NHS trusts.

(1)

1978 c. 29; section 10(4) was amended by the National Health Service and Community Care Act 1990 (c. 19), section 66(2) and Schedule 10 and by the Health Act 1999 (c. 8), section 65(1) and Schedule 4, paragraph 44. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1974/467; amended by S.I. 1991/900 and S.S.I. 2000/224 and 2003/159; sub-paragraph (o) was inserted by S.S.I. 2000/224.

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