Scottish Statutory Instruments
National Health Service
Made
25th November 2010
Laid before the Scottish Parliament
30th November 2010
Coming into force
28th January 2011
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 4B(6), 105(7) and 108(1) of, and paragraphs 6 and 11 of Schedule 1 to, the National Health Service (Scotland) Act 1978(1) and all other powers enabling them to do so.
1978 c.29 (the “1978 Act”). Section 4B(6) was inserted by the National Health Service Reform (Scotland) Act 2004 (asp 7), section 2; 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), section 29(1) and Schedule 9, paragraph 24 and the Health Act 1999 (c.8), section 65(1), Schedule 4, paragraph 60; paragraph 11 of Schedule 1 to the 1978 Act was amended by the 1980 Act, Schedule 6, paragraph 7(4)(a) and Schedule 7, the National Health Service and Community Care Act 1990 (c.19), section 27(3) and Schedule 5, paragraph 7 and the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), section 1(7). See section 66(1) of the 1999 Act in relation to any provision of that Act being taken to be a pre-commencement enactment within the meaning of the Scotland Act 1998 (c.46) (“the 1998 Act”). Section 108(1) contains a definition of “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State so far as they are exercisable in Scotland were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.