The National Waiting Times Centre Board (Scotland) Amendment Order 2006

Scottish Statutory Instruments

2006 No. 144

NATIONAL HEALTH SERVICE

The National Waiting Times Centre Board (Scotland) Amendment Order 2006

Made

10th March 2006

Laid before the Scottish Parliament

10th March 2006

Coming into force

1st April 2006

The Scottish Ministers, in exercise of the powers conferred by sections 2(1)(b) and (1C) and 105(7) of the National Health Service (Scotland) Act 1978(1), and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the National Waiting Times Centre Board (Scotland) Amendment Order 2006 and shall come into force on 1st April 2006.

Amendment of the National Waiting Times Centre Board (Scotland) Order 2002

2.—(1) Article 4(2) of the National Waiting Times Centre Board (Scotland) Order 2002 (Functions of the Board)(2) is amended as follows.

(2) After subparagraph (h) insert–

“(ha) the power of the Scottish Ministers to pay the travelling expenses of persons (including the travelling expenses of a companion of such persons) incurred or to be incurred for the purpose of availing themselves of any services provided under the Act by the Board and to pay expenses necessarily incurred by such persons (and by any companion whose travelling expenses are so payable) in obtaining overnight accommodation for that purpose in accordance with regulations made under section 75A(3) of the Act;”.

RHONA BRANKIN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

10th March 2006

Explanatory Note

(This note is not part of the Order)

This Order amends the National Waiting Times Centre Board (Scotland) Order 2002 (“the Order”) which constituted a special health board for the whole of Scotland to be known as the National Waiting Times Centre Board (“the Board”).

Article 2 amends article 4(2) of the Order by conferring on the Board the power of the Scottish Ministers to pay travelling and overnight expenses incurred by persons for the purposes of availing themselves of any services provided under the National Health Service (Scotland) Act 1978 (“the Act”) by the Board in accordance with regulations made under section 75A of the Act.

(1)

1978 c. 29; section 2(1) was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) (“the 1983 Act”), Schedule 7, paragraph 1, the National Health Service and Community Care Act 1990 (c. 19), section 28 which inserted sub sections (1)(b) and (1C) and the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), section 42(1) and Schedule 2, paragraph 1; section 105(7) which was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5(1) and Schedule 7, and by the 1983 Act, Schedule 9, paragraph 24, and by the Health Act 1999 (c. 8), Schedule 4, paragraph 60, contains provisions relevant to the exercise of the powers under which this Order is made. 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.S.I. 2002/305.

(3)

Section 75A of the Act was inserted by the Social Security Act 1988 (c. 7), section 14(2), and amended by the Health and Medicines Act 1988 (c. 49), Schedule 2, paragraph 13, the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, Part 1, paragraphs 32 and 51, and the National Health Service and Community Care Act 1990 (c. 19), Schedule 9, paragraph 19(13), and by S.I. 1998/2385. S.S.I. 2003/460 was made under section 75A and amended by S.S.I. 2004/102 and 166 and 2005/3 and 179 and 2006/142.