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National Health Service (Scotland) Act 1972

Status:

This is the original version (as it was originally enacted).

The National Health Service (Scotland) Act 1947

1In section 1 (duty of Secretary of State), the following amendments shall be made:—

(a)in subsection (1), for the words " following provisions of this Act" there shall be substituted the words

provisions of the National Health Service (Scotland) Acts 1947 to 1972;

(b)in subsection (2), for the words " this Act" there shall be substituted the words

those Acts.

2In section 3 (charges and expenses), the following amendments shall be made:—

(a)in subsection (3), at the end there shall be added the words

This subsection does not extend to appliances to which section 45 of this Act relates.;

(b)in subsection (4), for the words " hospital and specialist services" there shall be substituted the words

any service under the National Health Service (Scotland) Acts 1947 to 1972.

3In section 34(1) (general medical services), for the words " Executive Council" there shall be substituted the words

Health Board.

4In section 35 (distribution of medical practitioners), the following amendments shall be made:—

(a)for the words " Executive Councils ", " Executive Council", " an Executive Council" and " Council ", wherever they occur, there shall be substituted respectively the words

Health Boards, "Health Board", "a Health Board" and " Board ".

(b)in subsection (3), for the words from " a Local Medical Committee" to " Committee" there shall be substituted the words

an area medical committee has been formed for the area of the Board and recognised under section 16 of the National Health Service (Scotland) Act 1972, consult that committee.

5In section 36(1) (prohibition of sale of medical practice), in the proviso, for the words from " in the area " to " been entered " there shall be substituted the words

in an area for which he has never been on any list of medical practitioners undertaking to provide general medical services.

6In section 39 (general dental services), the following amendments shall be made:—

(a)in subsection (1), for the words " Executive Council" there shall be substituted the words

Health Board;

(b)in paragraph (e) of subsection (2), for the words "an Executive Council" there shall be substituted the words

a Health Board

and for the words " the Sixth Schedule to this Act" there shall be substituted the words

Schedule 1 to the National Health Service (Scotland) Act 1972.

7In section 40(1) (pharmaceutical services), for the words " Executive Council" there shall be substituted the words

Health Board.

8In section 41(1) (provision of pharmaceutical services), for the words " the Executive Council" there shall be substituted the words

a Health Board.

9In section 42(1) (general ophthalmic services), for the words " Executive Council" there shall be substituted the words

Health Board.

10In section 43 (disqualification of persons providing services), the following amendments shall be made—

(a)for the words " Executive Council", " an Executive Council " and " Councils ", wherever they occur, there shall be substituted respectively the words

Health Board, " a Health Board " and " Boards " ;

(b)for subsection (8) there shall be substituted the following subsection—

(8)Where immediately before the appointed day any person is disqualified under this section from inclusion in any list kept by an Executive Council under Part IV of this Act, he shall, until such time as the Tribunal or the Secretary of State directs to the contrary, be disqualified for inclusion in the appropriate list referred to in subsection (1) of this section.;

(c)at the end there shall be added the following subsection—

(9)The references in subsections (1), (3) and (5) above to a Health Board shall include a reference to such committee or joint committee as may be prescribed.

11In section 44 (powers of Secretary of State where services inadequate), for the words " Executive Council", in both places where they occur, there shall be substituted the words

Health Board.

12In section 56 (default powers of Secretary of State), the following amendments shall be made:—

(a)in subsection (1), for the words from " any Regional" to" health authority " there shall be substituted the words

any Health Board,

and for the words " this Act " there shall be substituted the words

the National Health Service (Scotland) Acts 1947 to 1972;

(b)in subsection (2), for the words from " Except" to " health authority " there shall be substituted the words

When such an order is made,

and for the words " this Act" there shall be substituted the words

the National Health Service (Scotland) Acts 1947 to 1972;

(c)subsection (3) shall cease to have effect.

13In section 69(1) (inquiries), for the words "this Act" there shall be substituted the words

the National Health Service (Scotland) Acts 1947 to 1972.

14In section 70 (protection of certain bodies and officers), for the words from "a Regional" to " Council" there shall be substituted the words

a Health Board and the Common Services Agency for the Scottish Health Service,

and for the words " this Act, and " there shall be substituted the words

the National Health Service (Scotland) Acts 1947 to 1972.

15In section 72(c) (proof of resolutions), for the words from " local " to " this Act" there shall be substituted the words

any bodies constituted under the National Health Service (Scotland) Acts 1947 to 1972.

16In section 77 (arbitration), for the words " this Act" there shall be substituted the words

the National Health Service (Scotland) Acts 1947 to 1972.

17In Schedule 3 (acquisition of moveable property), for the head-note and paragraph 1 there shall be substituted the following head-note and paragraph— Acquisition of Property other than Land

1Where under the National Health Service (Scotland) Acts 1947 to 1972, in connection with the acquisition of any premises, the Secretary of State proposes to acquire any equipment, furniture or other moveable property used in or in connection with the premises, he may, at any time after the acquisition of the premises (in the case of acquisition by agreement) or at any time after the service of a notice to treat (in the case of a compulsory acquisition of premises), serve a notice on the owner of the premises specifying the property proposed to be acquired, and specifying the time within which and the manner in which any objection to such acquisition may be made.

18In Schedule 8 (tribunal), in paragraph 3, for the words from " associations " onwards there shall be substituted the words

body as the Secretary of State may recognise as being representative of Health Boards.

19In Schedule 10 (inquiries), in paragraph 6, for the words from " such reasonable " to " day " there shall be substituted the words

a reasonable sum.

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