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The Public Health Scotland Order 2019

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SCHEDULES

Article 5(1)

SCHEDULE 1Enactments applied to the Board

PART 1The Act

Column 1Column 2Column 3
EnactmentNature of ProvisionModifications and Limitations (where applicable)
In the Act—
In part 1—Organisation
In section 2—Health Boards
Subsection (3)Variation of area of Health Board
Subsection (4)Provision incidental to variation of area of Health Board
Subsection (5)Health Boards to act in accordance with regulations or directions(1)
Subsection (8)Health Board to act as principal
In section 10—Common Services Agency
Subsection (4)Power to provide that functions of Health Boards may be referred to the Agency(2)
Section 12JCo-operation with other Health Boards, Special Health Boards and the Agency(3)In subsection (1) for “one another” substitute “Health Boards”.
In subsection (2)(a) for “another” substitute “a”.
Omit “other”.
In subsection (2)(b) omit “other”.
In subsection (3)(a) for “another” substitute “a”.
Section 12KPower of Health Board to carry out other Health Board’s functions(4)For “another” substitute “a”.
After “Health Board” insert “or Special Health Board” each time it appears.
Section 13Co-operation between Health Boards and other Authorities(5)After “integration joint boards” insert “, Health Boards”.
Section 13ACo-operation in planning of services for disabled persons, the elderly and others(6)After “(including HIS” insert “and Health Boards”.
In section 15—Supply of goods and services to local authorities, etc.
Subsection (1)(b)Supply etc. of equipment, goods or materials to local and education authorities, government departments and other public bodies
Subsection (1)(c)Provision of services to local and education authorities(7)
Subsection (1)(d)Use of health service premises by local and education authorities
Subsection (1)(e)Use of health service vehicles etc. by local and education authorities(8)
Subsection (2)Arrangements with third parties for the supply of equipment, goods and materials(9)For “paragraphs (a) and” substitute “paragraph”.
Omit “(including paragraph (a)” to “subsection (1A))”.
Section 16APower to make payments towards expenditure on community services(10)
In part IV—Powers of the Scottish Ministers
Section 77Default powers(11)
Section 78BRelationship of sections 77, 78 and 78A(12)
In part V—Property and Finance
In section 79—Purchase of land and moveable property
Subsection (3)Power to acquire moveable property on behalf of the Scottish Ministers(13)
In section 83—Power of Health Boards and local health councils to hold property on trust
Subsection (1)Power to hold property on trust(14)
Subsection (1A)Power to hold property on trust(15)
Section 84Power of trustees to make payments to Health Boards(16)
Section 84APower to raise money and property by appeals, collections and other similar activities(17)
Section 84BJoint ventures(18)
Section 85AAMeans of meeting expenditure of health boards out of public funds(19)
In section 85AFinancial duties of bodies referred to in section 85
Subsection (4)Disregard for the purposes of the section of certain trust funds(20)
Section 86Provision in relation to the keeping and auditing of accounts and their submission to the Scottish Ministers(21)
Section 87Power to make regulations as to financial arrangements of health service bodies(22)
In schedule 1–Health Boards
Paragraph 1Health Boards to be bodies corporate and have a common seal
In paragraph 2Appointment of Chairman and members(23)
Sub-paragraph (1)Health Boards to consist of certain types of membersIn sub-paragraph 1(b), omit “following nomination” to the end.
Paragraph 3AChairman may not be an employee of that Health Board(24)
Paragraph 4Payment of remuneration to the Chairman and such members of Health Boards as may be prescribed(25)
Paragraph 5Employment of officers and servants(26)
Paragraph 5AProvision concerning regulations and directions made under paragraph 5 above(27)
Paragraph 6Power to make regulations as to method of appointment, qualifications, remuneration and conditions of service of officers and servants
Paragraph 7Officers and servants employed in accordance with regulations and directions(28)
Paragraph 7APower to make regulations providing for transfer of officers and servants(29)In sub-paragraph (a) for “another” substitute “a”. After sub-paragraph (a), insert “(aa) another Special Health Board;”.
Paragraph 7BDirections to Health Boards to place officers or servants at disposal of other bodies(30)
Paragraph 11Power to make regulations as to appointments, committees and procedure(31)
Paragraph 11ASubscription to funds of other bodies(32)
Paragraph 12Proceedings not to be invalidated by vacancies(33)
Paragraph 13Payment to members of a Health Board and its committees and sub-committees of travelling and other allowances, including compensation for loss of remunerative timeOmit “, including compensation for loss of remunerative time,”.
Paragraph 14Allowances not payable except in circumstances determined by the Scottish Ministers
Paragraph 15Time and method of payment of allowances
In schedule 5—The Agency
Paragraph 7BPower to make regulations providing for the transfer of officers and servants(34)
Paragraph 7CPower to make directions as to placing of staff with other bodies(35)

PART 2Acts other than the Act

Column 1Column 2Column 3
EnactmentNature of ProvisionModifications and Limitations (where applicable)
The Public Bodies (Admission to Meetings) Act 1960(36)Admission of the public to meetings
Requirements of Writing (Scotland) Act 1995(37)Where they have delegated any function relating to the acquisition, management or disposal of land, power of the Scottish Ministers to authorise any officer of a Health Board to sign a document on their behalf
Schedule 2, paragraph 6

PART 3Enactments other than Acts of Parliament

Column 1Column 2Column 3
EnactmentNature of ProvisionModifications and Limitations (where applicable)
The National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974(38)Prohibits employment for provision of services under the National Health Service of certain health professionals unless they are registered under the Health and Social Work Professions Order 2001
The National Health Service (Financial Provisions) (Scotland) Regulations 1974(39)Preparation of estimates of income and expenditure and accounts of Health Boards and related matters of a financial natureLimited to exclude the application of any provisions which relate to Local Health Councils or the Common Services Agency.
The National Health Service (Remuneration and Conditions of Service) (Scotland) Regulations 1991(40)The determination of remuneration and conditions of service of officers of Health Boards
The Health Boards (Membership and Procedure) (Scotland) Regulations 2001(41)Provision as to the membership of, and procedure to be applied by, Health Boards
The Electronic Documents (Scotland) Regulations 2014(42)Where they have delegated any function relating to the acquisition, management or disposal of land, power of the Scottish Ministers to authorise any officer of a Health Board to authenticate an electronic document on their behalf
Regulation 5

Article 8

SCHEDULE 2Consequential Amendments

PART 1Acts

The Ethical Standards in Public Life etc. (Scotland) Act 2000

1.—(1) The Ethical Standards in Public Life etc. (Scotland) Act 2000(43) is amended as follows.

(2) In paragraph 1 of schedule 3 (devolved public bodies)—

(a)omit the entry for “NHS Health Scotland”, and

(b)after “The Poverty and Inequality Commission” insert “Public Health Scotland”.

The Freedom of Information (Scotland) Act 2002

2.—(1) The Freedom of Information (Scotland) Act 2002(44) is amended as follows.

(2) In Part 4 (the national health service) of schedule 1 (Scottish public authorities)—

(a)omit paragraph 32B, and

(b)after paragraph 35 insert—

35A.  Public Health Scotland.

The Public Appointments and Public Bodies etc. (Scotland) Act 2003

3.—(1) The Public Appointments and Public Bodies etc. (Scotland) Act 2003(45) is amended as follows.

(2) In schedule 2 (the specified authorities) under the heading “National Health Service bodies”, in the entry for “any Special Health Board” omit paragraph (iv) and the “or” immediately preceding it.

The Civil Contingencies Act 2004

4.—(1) The Civil Contingencies Act 2004(46) is amended as follows.

(2) In Part 4 (category 2 responders: Scotland) of schedule 1 (category 1 and 2 responders), after paragraph 38 insert—

38A.  Public Health Scotland constituted by the Public Health Scotland Order 2019(47)..

The Local Electoral Administration and Registration Services (Scotland) Act 2006

5.—(1) The Local Electoral Administration and Registration Services (Scotland) Act 2006(48) is amended as follows.

(2) In section 57 (keeping of central register for health and local authority purposes)—

(a)in subsection (1) after “Health Boards,” insert “Public Health Scotland,”, and

(b)in subsection (2)(b) after “Health Board” insert “, Public Health Scotland”.

The Public Health etc. (Scotland) Act 2008

6.—(1) The Public Health etc. (Scotland) Act 2008(49) is amended as follows.

(2) In section 15 (notifiable diseases and health risk states: duties on health boards)—

(a)in subsection (1) after “common services agency”, insert “and Public Health Scotland”, and

(b)in subsection (5)(a) after “common services agency”, insert “and Public Health Scotland”.

(3) In section 16(5) (notifiable organisms: duties on directors of diagnostic laboratories)—

(a)in paragraph (a) omit “and”,

(b)in paragraph (b) for “agency.” substitute “agency; and”, and

(c)after paragraph (b) insert—

(c)Public Health Scotland..

(4) In section 21(2) (public health investigations) after paragraph (c) insert—

(ca)Public Health Scotland;.

The Certification of Death (Scotland) Act 2011

7.—(1) The Certification of Death (Scotland) Act 2011(50) is amended as follows.

(2) In section 24(1)(b) (fees in respect of medical reviewer functions) for “the Common Services Agency for the Scottish Health Service” substitute “Public Health Scotland”.

(3) In section 31 (interpretation) after the definition of “medical reviewer” insert—

“Public Health Scotland” means the Special Health Board of that name constituted by the Public Health Scotland Order 2019(51);.

The Islands (Scotland) Act 2018

8.—(1) The Islands (Scotland) Act 2018(52) is amended as follows.

(2) In the schedule (duties in relation to island communities: relevant authorities)—

(a)Omit paragraph 49, and

(b)After paragraph 57 insert—

57A.  Public Health Scotland..

PART 2Enactments other than Acts of Parliament

The Abortion (Scotland) Regulations 1991

9.—(1) The Abortion (Scotland) Regulations 1991(53) are amended as follows.

(2) In regulation 5(a) (restriction on disclosure of information) for “the Common Services Agency for the Scottish Health Service” substitute “Public Health Scotland”.

The National Health Service Central Register (Scotland) Regulations 2006

10.—(1) The National Health Service Central Register (Scotland) Regulations 2006(54) are amended as follows.

(2) In schedule 1 (additional information which may be contained in an entry in, and obtained from persons or places to create and maintain, the register), in the table, in entry 4(a)(i) in column (1), for “the Common Services Agency” substitute “Public Health Scotland”.

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

11.—(1) The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009(55) are amended as follows.

(2) In paragraph 6(6)(a)(iv) (duties of drivers, escort commanders, masters, carriers and consignors in the event of a radiation emergency) of part 1 (radiation emergencies) of schedule 2 (radiation emergencies and notifiable events) for “Health Protection Scotland” substitute “Public Health Scotland”.

The Public Water Supplies (Scotland) Regulations 2014

12.—(1) The Public Water Supplies (Scotland) Regulations 2014(56) are amended as follows.

(2) In regulation 38(1)(c) (notification of health risk events) for “Health Protection Scotland” substitute “Public Health Scotland”.

The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015

13.—(1) The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015(57) is amended as follows.

(2) In schedule 1 (listed bodies) under the heading “National health service” after “NHS Education for Scotland” insert “Public Health Scotland”.

The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018

14.—(1) The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018(58) are amended as follows.

(2) In paragraph 7(c) (storage of vaccines) of schedule 6 (other contractual terms) for “Health Protection Scotland” substitute “Public Health Scotland”.

The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018

15.—(1) The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018(59) are amended as follows.

(2) In paragraph 5(c) (storage of vaccines) of schedule 1 (content of agreements) for “Health Protection Scotland” substitute “Public Health Scotland”.

The Radiation (Emergency Preparedness and Public Information) Regulations 2019

16.—(1) The Radiation (Emergency Preparedness and Public Information) Regulations 2019(60) are amended as follows.

(2) In regulation 10(5)(f)(ii) (operator’s emergency plan) for “Health Protection Scotland” substitute “Public Health Scotland”.

(3) In regulation 11(5)(g)(ii) (local authority’s off-site emergency plan) for “Health Protection Scotland” substitute “Public Health Scotland”.

(1)

Section 2(5) was amended by the National Health Service and Community Care Act 1990 (c.19), section 66(1) and schedule 9, paragraph 19(1).

(2)

Section 10(4) was amended by the National Health Service and Community Care Act 1990 (c.19), section 66(2) and schedule 10, paragraph 1 and the Health Act 1999 (c.8), schedule 4, paragraph 44.

(3)

Section 12J was inserted by the National Health Service Reform (Scotland) Act 2004 (asp 7), section 5.

(4)

Section 12K was inserted by the Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), section 67.

(5)

Section 13 was amended by the National Health Service and Community Care Act 1990 (c.19), section 66(1) and schedule 9, paragraph 19(4), the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 5 and S.S.I. 2015/157.

(6)

Section 13A was inserted by the National Health Service (Amendment) Act 1986 (c. 66), section 5(1) and amended by the National Health Service and Community Care Act 1990 (c. 19), section 66, schedule 9, paragraph 19(5) and schedule 10, paragraph 1 and the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 6.

(7)

Section 15(1)(c) was amended by the Health Services Act 1980 (c.53), section 3(2) and the Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), section 63(3)(a)(i).

(8)

Section 15(1)(e) was amended by the Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), section 63(3)(a)(ii).

(9)

Section 15(2) was amended by the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 7(b) and the Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), section 63(3)(c).

(10)

Section 16A was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), section 2, the Housing (Consequential Provisions) Act 1985 (c.71), section 4(1) and schedule 23, paragraph 41, the Local Government etc. (Scotland) Act 1994 (c.39), schedule 13, paragraph 112(2) and schedule 14, the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), schedule 3, paragraph 2 and S.I 1996/974.

(11)

Section 77 was amended by the National Health Service and Community Care Act 1990 (c.19), section 66(1) and schedule 9, paragraph 19(14), the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), schedule 4, paragraph 5(11), the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), section 3 and the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 9.

(12)

Section 78B was inserted by the National Health Service Reform (Scotland) Act 2004 (asp 7), section 6.

(13)

Section 79(3) was amended by the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 11.

(14)

Section 83(1) was amended by the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 12(a).

(15)

Section 83(1A) was inserted by the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), section 10(3).

(16)

Section 84 was amended by the National Health Service and Community Care Act 1990 (c.19), section 66(1) and schedule 9, paragraph 19(16) and the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 13.

(17)

Section 84A was inserted by the Health Services Act 1980 (c.53), section 5(2) and amended by the National Health Service and Community Care Act 1990 (c.19), section 66(1) and schedule 9, paragraph 19(17) and the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 14.

(18)

Section 84B was inserted by the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), section 37(1) and was amended by the Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), section 66.

(19)

Section 85AA was inserted by the Health Act 1999 (c.8), section 52 and amended by the Primary Medical Services (Scotland) Act 2004 (asp 1), schedule 1, paragraph 1(16) and the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 15.

(20)

Section 85A(4) was amended by the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 17.

(21)

Section 86 was amended by the National Health Service and Community Care Act 1990 (c.19), section 36 and schedule 10, paragraph 1, the Health Act 1999 (c.8), schedule 5, paragraph 1, the Public Finance and Accountability (Scotland) Act 2000 (asp 1), schedule 4, paragraph 4(3), the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 19.

(22)

Section 87 was amended by the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 20.

(23)

Paragraph 2 was amended by the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), sections 1(2) and 6(4).

(24)

Paragraph 3A was inserted by the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), section 1(5).

(25)

Paragraph 4 was amended by the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), schedule 1, paragraph 1.

(26)

Paragraph 5 was amended by the Health Services Act 1980 (c.53), schedule 6, paragraph 7(2) and schedule 7.

(27)

Paragraph 5A was inserted by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), section 14(2) and schedule 7, paragraph 4(1) and amended by the National Health Service and Community Care Act 1990 (c.19), section 27(3) and schedule 5, paragraph 4.

(28)

Paragraph 7 was amended by the Health Services Act 1980 (c.53), schedule 6, paragraph 7(3).

(29)

Paragraph 7A was inserted by the National Health Service and Community Care Act 1990 (c.19), section 27(3) and schedule 5, paragraph 5.

(30)

Paragraph 7B was inserted by the National Health Service and Community Care Act 1990 (c.19), section 27(3) and schedule 5, paragraph 5.

(31)

Paragraph 11 was amended by the Health Services Act 1980 (c.53), schedule 6, paragraph 7(4) 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).

(32)

Paragraph 11A was inserted by the Health Services Act 1980 (c.53), schedule 6, paragraph 7(5).

(33)

Paragraph 12 was amended by the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), section 1(8).

(34)

Paragraph 7B was inserted by the National Health Service and Community Care Act 1990 (c.19), section 27(3) and schedule 5, paragraph 11.

(35)

Paragraph 7C was inserted by the National Health Service and Community Care Act 1990 (c.19), section 27(3) and schedule 5, paragraph 11.

(36)

1960 c.67.

(37)

1995 c.7. Relevantly amended by the Land Registration etc. (Scotland) Act 2012 (asp 5), schedule 3, paragraph 25(g).

(42)

S.S.I. 2014/83. Relevantly amended by S.S.I. 2014/347.

(43)

2000 asp 7. Relevantly amended by the Water Industry (Scotland) Act 2002 (asp 3), schedule 7, paragraph 28, the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), schedule 4, paragraph 15, the Water Services etc. (Scotland) Act 2005 (asp 3), schedule 5, paragraph 6(e), the Further and Higher Education (Scotland) Act 2005 (asp 6), schedule 3, paragraph 9, the Gaelic Language (Scotland) Act 2005 (asp 7), schedule 2, paragraph 1, the Charities and Trustee Investment (Scotland) Act 2005 (asp 10), schedule 4, paragraph 12, the Transport (Scotland) Act 2005 (asp 12), schedule 1, paragraph 17, the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), schedule 3, paragraph 1, the Tourist Boards (Scotland) Act 2006 (asp 15), schedule 2, paragraph 6, the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), schedule 5, paragraph 4, the Judiciary and Courts (Scotland) Act 2008 (asp 6), schedule 1, paragraph 19, the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 1, paragraph 28, schedule 10, paragraph 1, schedule 14, paragraph 1 and schedule 17, paragraph 24, the Crofting Reform (Scotland) Act 2010 (asp 14), schedule 4, paragraph 4, the Housing (Scotland) Act 2010 (asp 17), schedule 2, paragraph 6, the National Library of Scotland Act 2012 (asp 3), schedule 2, paragraph 4, the Police and Fire Reform (Scotland) Act 2012 (asp 8), schedule 1, paragraph 14, schedule 7, paragraph 61 and schedule 8, paragraph 1, the Post-16 Education (Scotland) Act 2013 (asp 12), schedule 1, paragraph 4, the Revenue Scotland and Tax Powers Act 2014 (asp 16), schedule 4, paragraph 4, the Historic Environment (Scotland) Act 2014 (asp 19), schedule 6, paragraph 1, the Food (Scotland) Act 2015 (asp 1), section 17(1), the Community Justice (Scotland) Act 2016 (asp 10), schedule 1, paragraph 14(1) and schedule 2, paragraph 3, the Scottish Fiscal Commission Act 2016 (asp 17), section 29(1), the Land Reform (Scotland) Act 2016 (asp 18), section 21(1), the Child Poverty (Scotland) Act 2017 (asp 6), schedule 1, paragraph 13(1), the Social Security (Scotland) Act 2018 (asp 9), schedule 1, paragraph 18, S.I. 2012/1659, S.S.I. 2002/201, S.S.I. 2003/1, S.S.I. 2003/119, S.S.I. 2003/279, S.S.I. 2004/543, S.S.I. 2009/286, S.S.I. 2011/113, S.S.I. 2015/157, S.S.I. 2017/36 and S.S.I. 2018/148.

(44)

2002 asp 13. Relevantly amended by S.S.I. 2008/297.

(45)

2003 asp 4. Relevantly amended by the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 26, S.S.I. 2005/540, S.S.I. 2010/50 and S.S.I. 2018/299.

(46)

2004 c.36.

(48)

2006 asp 14. Relevantly amended by the Statistics and Registration Service Act 2007 (c.18), section 60(2).

(53)

S.I. 1991/460. Relevantly amended by S.I. 1999/1042.

(54)

S.S.I. 2006/484. Relevantly amended by S.I. 2013/235.

(55)

S.I. 2009/1348. Relevantly amended by S.I. 2019/598.

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