Search Legislation

The National Health Service (Functions of the Common Services Agency) (Scotland) Order 2008

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2008 No. 312

NATIONAL HEALTH SERVICE

The National Health Service (Functions of the Common Services Agency) (Scotland) Order 2008

Made

11th September 2008

Coming into force

1st October 2008

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 10(3) and (4) and 105(6) and (7) of the National Health Service (Scotland) Act 1978(1) and all other powers enabling them to do so.

In accordance with section 10(4) of that Act, they have consulted with Health Boards, Special Health Boards and other interests as appear to them to be concerned.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the National Health Service (Functions of the Common Services Agency) (Scotland) Order 2008 and comes into force on 1st October 2008.

(2) In this Order–

the Act” means the National Health Service (Scotland) Act 1978;

the Agency” means the Common Services Agency for the Scottish Health Service constituted under section 10(1) of the Act(2);

“Health Board” means a Health Board constituted under section 2(1)(a) of the Act(3);

“pharmaceutical services” has the meaning ascribed to it by section 27(1) of the Act(4);

“the Scottish Dental Practice Board” means the Board constituted under section 4(1) of the Act(5);

“Special Health Board” means a Special Health Board constituted under section 2(1)(b) of the Act(6).

Functions of the Agency

2.  The functions of the Agency are to:

(a)examine, check and price prescriptions for drugs, medicines and appliances supplied under the arrangements for the provision of pharmaceutical services;

(b)provide accommodation of the kind referred to in section 36(1) of the Act for the functions of the Agency and, if so directed by Scottish Ministers, for the functions of Health Boards and Special Health Boards;

(c)provide such services relating to the exercise by Scottish Ministers, Health Boards or Special Health Boards of functions under section 36(1) or section 48 of the Act as they may require;

(d)procure equipment, supplies and services in support of the functions of the Scottish Ministers, Health Boards and Special Health Boards;

(e)exercise the power of the Scottish Ministers under section 40(1) of the Act to make arrangements with medical practitioners for the vaccination or immunisation of persons against yellow fever, either by medical practitioners or by persons acting under their control;

(f)provide information, advice and management services in support of the functions of Scottish Ministers, Health Boards and Special Health Boards other than where the Health Protection Agency is exercising functions under the Health Protection Agency (Scottish Health Functions) Order 2006(7);

(g)exercise the functions of the Scottish Ministers under section 44 of the Act to provide supplies of human blood for the purposes of carrying out blood transfusion, or provide material which has come from a human body and consists of, or includes, human cells, and provide related services for the purpose of, or in the course of, providing any service in relation to the health service;

(h)provide staff, accommodation and other facilities required by the Scottish Dental Practice Board to enable the Board to discharge its duties with respect to the approval of estimates of dental treatment and appliances;

(i)co ordinate personnel policies, including, to such extent as may be agreed with Health Boards and Special Health Boards, arrangements for appointment, training and planned movement of staff and the organisation of and participation in training;

(j)collect and disseminate epidemiological data and participate in epidemiological investigations;

(k)provide legal services to Health Boards and Special Health Boards;

(l)prevent, detect and investigate fraud or other irregularities in relation to the health service;

(m)exercise the powers of the Scottish Ministers under section 79(1) of the Act(8) to take on lease or to purchase by agreement moveable property and land which is required for the functions of the Agency and to use for those functions and manage any heritable or moveable property so acquired; and

(n)exercise the powers of the Scottish Ministers under section 79(1A) of the Act(9) to dispose of land no longer required for the functions of the Agency.

Revocations

3.  The Orders specified in the Schedule are revoked.

S. ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

11th September 2008

Article 3

SCHEDULEREVOCATIONS

Orders revokedReferences
The National Health Service (Functions of the Common Services Agency) (Scotland) Order 1974S.I. 1974/467
The Common Services Agency (Withdrawal and Amendment of Functions) (Scotland) Order 1991S.I. 1991/900
The National Health Service (Functions of the Common Services Agency) (Scotland) Amendment Order 2000S.S.I. 2000/224
The National Health Service (Functions of the Common Services Agency) (Scotland) Amendment Order 2003S.S.I. 2003/159
The National Health Service (Functions of the Common Services Agency) (Scotland) Amendment (No. 2) Order 2003S.S.I. 2003/306
The National Health Service (Functions of the Common Services Agency) (Scotland) Amendment (No. 2) Order 2006S.S.I. 2006/603

Explanatory Note

(This note is not part of the Order)

This Order consolidates the National Health Service (Functions of the Common Services Agency) (Scotland) Order 1974 and related Orders.

The Order specifies the functions to be undertaken by the Common Services Agency for the Scottish Health Service (“the Agency”).

Article 2 of the Order lists the functions of the Agency and extends those functions to include the provision of accommodation, services, procurement, information and advice, and co ordination of personnel policies to Special Health Boards.

Article 3 of, and the Schedule to, the Order provide for the revocation of the Orders being consolidated.

(1)

1978 c. 29. Section 10(3) was amended by the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) (“the 2005 Act”), section 42(1) and schedule 2, paragraph 2(4); section 10(4) was amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 66(2) and Schedule 10 and by the Health Act 1999 (c. 8) (“the 1999 Act”), section 65(1) and Schedule 4, paragraph 44; section 105(7) was amended by the Health Services Act 1980 (c. 53) (“the 1980 Act”), Schedule 6, paragraph 5(1) and Schedule 7, the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) (“the 1983 Act”), Schedule 9, Part I, paragraph 24 and the 1999 Act, Schedule 4, paragraph 60. 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)

Section 10(1) was amended by the 1980 Act, Schedule 6, paragraph 2.

(3)

Section 2(1)(a) was amended by the 1983 Act, section 14(2) and Schedule 7, paragraph 1, the 1990 Act, section 28(a)(i) and the 2005 Act, section 42(1) and schedule 2, paragraph 2(2).

(4)

Subsection (1) of section 27 was amended by the 1980 Act, section 20(2), the 1990 Act, Schedule 9, paragraph 19(7)(a), the Medicinal Products: Prescription by Nurses etc. Act 1992 (c. 28), section 3, the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, Part I, paragraph 44, and the Health and Social Care Act 2001 (c. 15), section 44(2); subsections (1A) and (1B) were inserted by the Health and Social Care Act 2001 (c. 15), sections 44(3) and 44(3); subsections (2) to (6) were amended by the National Health Service (Amendment) Act 1986 (c. 66), section 3(3); subsection (2) was also amended by the 1990 Act, Schedule 9, paragraph 19(7)(b); subsection (4) was also amended by S.I. 1987/2202, 2007/289 and the 1990 Act, section 66(1) and Schedule 9, paragraph 19(17)(c) and (d).

(5)

Section 4(1) was amended by the Health and Medicines Act 1988 (c. 49), section 12(1) to provide that the Scottish Dental Estimates Board be renamed the Scottish Dental Practice Board.

(6)

Section 2(1)(b) was amended by the 1990 Act, section 28(a)(ii) and the 2005 Act, section 42(1) and schedule 2, paragraph 2(2).

(7)

S.S.I. 2006/559 as amended by S.S.I. 2007/316.

(8)

Section 79(2A) clarifies the powers of the Scottish Ministers under section 79(1).

(9)

Section 79(1A) was amended by the Requirements of Writing (Scotland) Act 1995 (c. 7), section 14(2) and Schedule 5. Section 79(2A) clarifies the powers of the Scottish Ministers under section 79(1A).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources