The Health Protection Agency (Scottish Health Functions) Order 2006

Explanatory Note

(This note is not part of the Order)

Section 2(7) of the Health Protection Agency Act 2004 (“the Act”) enables Scottish Ministers by order to confer on the Health Protection Agency (“the Agency”) a function of any description falling within section 2(1) of the Act to the extent that it is exercisable within devolved competence. Section 2(1) of the Act includes: (a) the functions of the protection of the community (or any part of the community) against infectious disease and other dangers to health; (b) the prevention of the spread of disease; and (c) the provision of assistance to any other person who exercises functions in relation to those matters.

The Scottish Ministers confer upon the Agency under article 2 of this Order the function of providing certain advisory services as specified therein. The services specified in article 2 may be grouped into three broad categories, namely chemical advisory services, poisons advisory services and emergencies advisory, training and support services.

The Common Services Agency will continue to have the general function of providing information and advisory services in support of the functions of the Scottish Ministers and Health Boards under the National Health Service (Functions of the Common Services Agency (Scotland) Order 1974 (S.I. 1974/467) (as amended) (“the CSA functions order”), but that function is now subject to where the Agency is exercising functions under this Order. The CSA functions order has been amended to reflect these new arrangements for Scotland, whereby the provision of chemical advisory services, poisons advisory services and emergencies advisory and support services will be carried out not only by the Common Services Agency but also by the Agency.

The Secretary of State has agreed to the making of this Order in accordance with section 2(8)(a) of the Act.