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1. The following are NHS organisations for the purposes of these Regulations—
(a)a Health Board, a Special Health Board, the Common Services Agency for the Scottish Health Service (constituted by section 10 of the 1978 Act) or Healthcare Improvement Scotland (established by section 10A of the 1978 Act(1));
(b)the Mental Welfare Commission for Scotland (established under section 4 of the Mental Health (Care and Treatment) (Scotland) Act 2003(2)).
2. The Scottish Ministers may agree to treat any other body constituted under an enactment relating (in whole or part) to health services as an NHS organisation for the purposes of these Regulations.
Section 10A was inserted by the Public Services Reform (Scotland) Act 2010 (asp 8), section 108.
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