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National Health Service (Scotland) Act 1978

Changes to legislation:

National Health Service (Scotland) Act 1978 is up to date with all changes known to be in force on or before 18 November 2017. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

  1. Introductory Text

  2. Part I Organisation

    1. Secretary of State

      1. 1. General duty of Secretary of State.

      2. 1A.Duty of the Scottish Ministers to promote health improvement

    2. Administrative bodies

      1. 2. Health Boards.

      2. 2A.Duty of Health Board, Special Health Board , the Agency and HIS to promote health improvement

      3. 2B.Duty to encourage public involvement

      4. 2C.Functions of Health Boards: primary medical services

      5. 2CB.Functions of Health Boards outside Scotland (1) Where it is...

      6. 2CB.Functions of Health Boards: planning of pharmaceutical care services

      7. 2D.Equal opportunities

      8. 3. Scottish Medical Practices Committee.

      9. 4. Scottish Dental Estimates Board.

    3. Community health partnerships

      1. 4A.Community health partnerships

      2. 4B.Community health partnerships: further provision

    4. National advisory bodies

      1. 5—6. Organisation

    5. Local advisory bodies

      1. 7. Local health councils.

      2. 8. University Liaison Committees.

      3. 9. Local consultative committees.

    6. Agency for Secretary of State and other bodies

      1. 10. Common Services Agency.

      2. 10ZA.Provision of patient advice and support service

    7. Healthcare Improvement Scotland

      1. 10A.Healthcare Improvement Scotland

    8. Principles

      1. 10B.Principles

    9. Functions related to the health service

      1. 10C.Health service functions

      2. 10D.Health service functions: further provision

    10. Functions related to independent health care

      1. 10E.Independent health care functions

    11. Meaning of “ independent health care services

      1. 10F.Meaning of “independent health care services”

      2. 10G.Power to modify definitions

    12. Standards and outcomes

      1. 10H.Standards and outcomes

    13. Inspections

      1. 10I.Inspections of services provided under the health service

      2. 10J.Inspections of independent health care services

      3. 10K.Authorised persons

      4. 10L.Inspections: best regulatory practice

      5. 10M.Inspections at request of Scottish Ministers

      6. 10N.Inspections: reports

      7. 10O.Regulations relating to inspections

    14. Registration

      1. 10P.Registration of independent health care services

      2. 10Q.Grant or refusal of registration

    15. Improvement notices

      1. 10R.Improvement notices: independent health care services

    16. Proposals and applications in relation to registered independent health care services

      1. 10S.Cancellation of registration

      2. 10T.Emergency cancellation of registration

      3. 10U.Condition notices

      4. 10V.Emergency condition notices

      5. 10W.Application of Act to condition notices following emergency condition notices

      6. 10X.Emergency condition notices: appeals

      7. 10Y.Applications in respect of conditions

      8. 10Z.Further provision as respects notice of proposals

      9. 10Z1.Right to make representations to HIS as respects proposals

    17. Notice of decision on application for registration

      1. 10Z2.Notice of HIS's decisions

    18. Conditions as to numbers

      1. 10Z3.Conditions as to numbers

    19. Appeal against decision to implement proposal

      1. 10Z4.Appeal against decision to implement proposal

    20. Fees

      1. 10Z5.Registration fees

    21. Regulations

      1. 10Z6.Regulations: registers and registration

      2. 10Z7.Regulations: independent health care services

    22. Complaints about independent health care services

      1. 10Z8.Complaints about independent health care services

    23. Offences

      1. 10Z9.Offences in relation to registration

      2. 10Z10.False statements in applications

      3. 10Z11.Offences by bodies corporate etc.

    24. Inquiries

      1. 10Z12.Inquiries

    25. Arrangements to provide independent health care services: registration

      1. 10Z13.Arrangements entered into by certain bodies: services to be registered

    26. Duty of certain bodies to be aware of reports, etc.

      1. 10Z14.Local authorities and other bodies: awareness of HIS reports etc.

    27. Giving of notice

      1. 10Z15.Giving of notice

    28. Scottish Health Council

      1. 10Z16.Establishment of Scottish Health Council

    29. Miscellaneous

      1. 10Z17.Transfer of staff

      2. 10Z18.Provide ” in relation to independent health care services

    30. Consultation with Mental Welfare Commission for Scotland

      1. 10Z19.Duty of HIS to consult the Mental Welfare Commission for Scotland

    31. Trusts

      1. 11. Scottish Hospital Trust.

      2. 12. Scottish Hospital Endowments Research Trust.

      3. 12A. National Health Service trusts.

      4. 12AA. Additional functions of NHS trusts.

      5. 12B. Transfer of staff to NHS trusts.

      6. 12C. Supplementary provisions as to transfer of staff.

      7. 12CA. Transfer of staff among health service bodies.

      8. 12D. Transfer of property rights and liabilities to NHS trusts.

      9. 12DA.Stamp duty land tax

      10. 12E. Originating capital debt of, and other financial provisions relating to NHS trusts.

      11. 12F. Financial obligations of NHS trusts.

      12. 12G. Trust property of NHS trusts.

    32. Quality

      1. 12H.Duty of quality.

      2. 12I.Duty in relation to governance of staff

    33. Co-operation and assistance

      1. 12J.Health Boards: co-operation with other Health Boards, Special Health Boards and the Agency

      2. 12K.Power of Health Board to carry out other Health Board's functions

      3. 13.Co-operation between Health Boards and other authorities.

      4. 13A. Co-operation in planning of services for disabled persons, the elderly and others.

      5. 13B. [ Joint Liaison Committees.

      6. 14. Designated medical officers.

      7. 15. Supply of goods and services to local authorities, etc.

      8. 16.Assistance to voluntary organisations.

      9. 16A. Power to make payments towards expenditure on community services.

      10. 16B. Financial assistance by the Secretary of State to voluntary organisations.

      11. 17. Organisation

      12. 17AA. Provision of certain services under NHS contracts.

      13. 17A. NHS contracts.

      14. 17B. Reimbursement of Health Board’s costs.

      15. 17C. Personal medical or dental services.

      16. 17CA.Primary medical services: persons with whom agreements can be made

      17. 17D.Personal dental services: persons with whom agreements may be made.

      18. 17E. Personal medical or dental services: regulations.

      19. 17EA. Services lists

      20. 17EB. Application for inclusion in services list

      21. 17F. Right to choose medical practitioner.

      22. 17G. Right to choose dental practitioner.

      23. 17H. Immunisation.

      24. 17I. Use of accommodation.

    34. General medical services contracts

      1. 17J.Health Boards' power to enter into general medical services contracts

      2. 17K.Mandatory contract term: provision of prescribed primary medical services

      3. 17L.Eligibility to be contractor under general medical services contract

      4. 17M.Payments by Health Boards under general medical services contracts

      5. 17N.Other mandatory contract terms

      6. 17O.Resolution of disputes and entry into NHS contracts

    35. Persons performing primary medical services

      1. 17P.Persons performing primary medical services

      2. 17Q.Assistance and support

    36. Pharmaceutical care services contracts

      1. 17R.Mandatory contract term: provision of prescribed pharmaceutical care services

      2. 17S.Eligibility to be contractor under pharmaceutical care services contract

      3. 17T.Payments by Health Boards under pharmaceutical care services contracts

      4. 17U.Other mandatory contract terms: pharmaceutical care services contracts

      5. 17V.Resolution of disputes and entry into NHS contracts: pharmaceutical care services contracts

    37. Drug Tariff

      1. 17W.Drug Tariff

    38. Persons performing pharmaceutical care services

      1. 17X.Persons performing pharmaceutical care services

    39. Assistance and support: primary medical services and pharmaceutical care services

      1. 17Y.Assistance and support: primary medical services and pharmaceutical care services

  3. Part II Provision of Services

    1. General Services

      1. 18. Duty of Secretary of State.

    2. General medical services

      1. 19.Arrangements and regulations for general medical services.

      2. 19A. Medical lists.

      3. 19B. Vacancies for medical practitioners.

      4. 20. Applications to provide general medical services.

      5. 21. Requirement of suitable experience.

      6. 22. Regulations as to section 21.

      7. 23. Distribution of general medical services.

      8. 24. Regulations for Medical Practices Committee.

      9. 24A. Liabilities and obligations in relation to deputies.

      10. 24B. Supplementary lists

      11. 24C. Application for inclusion in supplementary list

    3. General dental services

      1. 25. Arrangements for provision of general dental services.

    4. General ophthalmic services

      1. 26. Arrangements for provision of general ophthalmic services.

    5. Pharmaceutical services

      1. 27. Arrangements for provision of pharmaceutical services.

      2. 27A. Arrangements for providing additional pharmaceutical services.

      3. 27B. Terms and conditions etc.

      4. 28. Persons authorised to provide pharmaceutical services.

    6. Remuneration for services

      1. 28A. Remuneration for Part II services.

      2. 28B. Part II remuneration: supplementary.

      3. 28C. Indemnity cover.

    7. Assistance and support: general dental services

      1. 28D.Assistance and support: general dental services

    8. Provisions as to disqualification of practitioners

      1. 29. The NHS tribunal.

      2. 29A. The NHS Tribunal: supplementary.

      3. 29B. Powers of NHS Tribunal.

      4. 29C. Conditional disqualification etc.

      5. 30. Review etc. of disqualification.

      6. 31. Disqualification provisions in England or Wales or Northern Ireland.

      7. 32. Regulations as to sections 29 to 31.

      8. 32A. Applications for interim suspension.

      9. 32B. Suspension pending appeal.

      10. 32C. Sections 32A and 32B: procedure etc.

      11. 32D.Corresponding provision in England or Wales or Northern Ireland

      12. 32E. Payments in consequence of suspension.

    9. Supplementary provisions relating to Part II

      1. 33. Powers of Secretary of State where services are inadequate.

      2. 34. Exercise of choice of medical practitioner etc. in certain cases.

      3. 35. Sale of medical practices.

      4. 35A. Interpretation of Part II.

  4. Part III Other Services and Facilities

    1. 36. Accommodation and services.

    2. 37. Prevention of illness, care and after-care.

    3. 38. Care of mothers and young children.

    4. 38A.Breastfeeding

    5. 38B.Detection of vision problems in children

    6. 39.Medical and dental inspection, supervision and treatment of pupils and young persons.

    7. 40. Vaccination and immunisation.

    8. 41. Family planning.

    9. 42.Health education.

    10. 43. Control of spread of infectious disease.

    11. 44. Supplies of blood and other substances.

    12. 45.Ambulances.

    13. 46. Provision of vehicles for persons suffering from physical defect or disability.

    14. 47. Educational and research facilities.

    15. 48. Residential and practice accommodation.

  5. Part IV Powers of the Secretary of State

    1. Control of maximum prices for medical supplies

      1. 49. Maximum prices of medical supplies may be controlled.

    2. Additional powers as to services and supplies; and the use of those services and supplies for private patients

      1. 50.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 51, 52.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 53.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 54. Restriction of powers under sections 44, 50 and 53.

    3. Further provisions as to payments by patients for health service accommodation and services

      1. 55. Hospital accommodation on part payment.

      2. 56. Expenses payable by remuneratively employed resident patients.

      3. 57. Accommodation and services for private patients.

      4. 58A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 59—63.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. Use by practitioners of health service accommodation and facilities for private practice

      1. 64. Permission for use of facilities in private practice.

      2. 65—68.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. Regulations as to certain charges

      1. 69. Charges for drugs, medicines or appliances or pharmaceutical services.

      2. 70. Charges for dental or optical appliances.

      3. 71. Charges for dental treatment.

      4. 71A. Calculation of charges for dental appliances and treatment.

      5. 72. Charges in respect of services etc. provided under sections 37, 38 and 41.

      6. 73. Charges for more expensive supplies.

      7. 74. Charges for repairs and replacements in certain cases.

      8. 75. Sums otherwise payable to those providing services.

      9. 75A. Remission and repayment of charges and payment of travelling expenses.

      10. 75B. Reimbursement of the cost of services provided in another EEA State

      11. 75BA.Reimbursement of the cost of services provided in another EEA State where expenditure is incurred on or after 25 October 2013.

      12. 75BB.Prior authorisation for the purposes of section 75BA

      13. 75C. Prior authorisation

      14. 75D. Deduction of NHS charges

    6. Inquiries, and default and emergency powers

      1. 76. Inquiries.

      2. 77. Default powers.

      3. 78. Emergency powers.

      4. 78A.Powers in case of service failure

      5. 78B.Relationship of sections 77, 78 and 78A

  6. Part V Property and Finance

    1. Land and other property

      1. 79. Purchase of land and moveable property.

      2. 80. Transferred property free of trusts.

      3. 81. Power of voluntary organisations to transfer property to Secretary of State.

    2. Trust property

      1. 82. Use and administration of certain endowments and other property held by Health Boards.

      2. 83. Power of Health Boards and local health councils to hold property on trust.

      3. 84.Power of trustees to make payments to Health Boards.

      4. 84A. Power to raise money, etc., by appeals, collections, etc.

    3. Joint ventures

      1. 84B.Joint ventures

    4. Finance and accounts

      1. 85AA. Means of meeting expenditure of Health Boards out of public funds.

      2. 85AB. Further provision as to expenditure on drugs.

      3. 85. Expenses of certain bodies.

      4. 85A. Financial duties of bodies referred to in section 85.

      5. 85B. Schemes for meeting losses and liabilities etc. of certain health service bodies.

      6. 86. Accounts of Health Boards and the Agency.

      7. 87.Regulation of financial arrangements of Health Boards, the Agency and the Dental Estimates Board.

    5. Fund-holding practices

      1. 87A. Recognition of fund-holding practices of doctors.

      2. 87B. Payments to recognised fund-holding practices.

      3. 87C. Renunciation and removal of recognition as a fund-holding practice and withholding of funds.

    6. Indicative amounts

      1. 87D. Indicative amounts for doctors’ practices.

    7. Remuneration, allowances and superannuation

      1. 88. Payment of allowances and remuneration to members of certain bodies connected with the health services.

      2. 89. Superannuation of officers of certain hospitals.

  7. Part VI The Health Service Commissioner for Scotland

    1. 90. Appointment of Commissioner and tenure of office.

    2. 91.Salary and pension of Commissioner.

    3. 92. Administrative provisions.

    4. 92A. Appointment of acting Commissioner.

    5. 93.Bodies and action subject to investigation.

    6. 94.Provisions relating to complaints.

    7. 95.Application of certain provisions of the Parliamentary Commissioner Act 1967.

    8. 95A. Consulting other Commissioners.

    9. 96. Reports by Commissioner.

    10. 97. Interpretation of Part VI.

  8. Part VII Miscellaneous and Supplementary

    1. Miscellaneous

      1. 98. Charges in respect of non-residents.

      2. 99. Evasion of charges.

      3. 99ZA. Recovery of charges and payments.

      4. 99ZB.(1) Regulations may provide that, where a person fails to...

      5. 99A. Holidays for patients etc.

      6. 100. Accommodation for persons displaced in course of development.

      7. 101. Protection of Health Boards and Common Services Agency.

      8. 102. State hospitals.

      9. 103. Arbitration.

      10. 104. Exemption from stamp duty.

      11. 104A.Exemption from stamp duty land tax

    2. Supplementary

      1. 105. Orders, regulations and directions.

      2. 106. Supplementary regulatory powers.

      3. 107. Local enactments.

      4. 108. Interpretation and construction.

      5. 109. Transitional provisions and savings, consequential amendments and repeals.

      6. 110. Citation, extent and commencement.

  9. SCHEDULES

    1. SCHEDULE 1

      Health Boards

      1. Part I

        1. Constitution

          1. 1.A Health Board shall be a body corporate and shall...

          2. 2.(1) A Health Board is to consist of the following...

          3. 2A.In the case of a prescribed Health Board at least...

          4. 3.An appointed member may be appointed only after consultation with...

          5. 3A.A person appointed as chairman of a Health Board may...

          6. 4.The Secretary of State may pay to

          7. 5.A Health Board may employ such officers and servants on...

          8. 5A.Regulations or directions under paragraph 5 may provide for approvals,...

          9. 6.Regulations may make provision with respect to the method of...

          10. 6A.(1) Sub-paragraph (3) applies where the registration of a dental...

          11. 7.No officer or servant of a Health Board to whom...

          12. 7A.Regulations may provide for the transfer of officers and servants...

          13. 7B.Directions may be given by the Secretary of State—

          14. 7C.Before making regulations under paragraph 7A or 8A, the Secretary...

          15. 8.Regulations under paragraph 6 shall not contain a requirement that...

          16. 8A.In connection with arrangements relating to community care services ...,...

          17. 9.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          18. 10.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. Part II

        1. Supplementary provisions

          1. 10A.(1) An elected member holds office for a period beginning...

          2. 11.Regulations may make provision— (a) as to the appointment, tenure...

          3. 11A.A Health Board may subscribe to the funds of any...

          4. 12.The proceedings of a Health Board shall not be invalidated...

          5. 13.The Secretary of State shall pay to members of a...

          6. 14.Allowances shall not be paid under paragraph 13 except in...

          7. 15.Payment under paragraph 13 shall be made at such times...

          8. 16.A Health Board may by agreement transfer to the Hospital...

          9. 17.A Health Board may borrow from the Hospital Trust against...

          10. 18.The functions transferred to and exercisable by Health Boards under...

          11. 19.The Secretary of State may, with any necessary modifications, by...

    2. SCHEDULE 1A

      Health Board elections

      1. Health Board elections

        1. 1.An election held under this Schedule is known as a...

      2. Timing of Health Board elections

        1. 2.(1) A Health Board must hold the first Health Board...

      3. Electoral wards

        1. 3.(1) Each Health Board area is to be comprised of...

      4. Conduct of election

        1. 4.(1) Election regulations must appoint an individual as the returning...

        2. 5.(1) The nomination of a candidate must be made—

        3. 6.If, at the end of the nomination period, the number...

        4. 7.(1) In any other case, the elected members are to...

      5. Candidates

        1. 8.(1) An individual is disqualified from being a candidate in...

      6. Franchise

        1. 9.(1) An individual is entitled to vote at a Health...

      7. Election expenses

        1. 10.Election regulations may make provision about the expenses which may...

      8. Vacancies

        1. 11.(1) This paragraph applies if— (a) a returning officer declares...

      9. Election regulations

        1. 12.(1) The Scottish Ministers may make regulations (“ election regulations...

    3. SCHEDULE 2

      1. 1.The Medical Practices Committee shall consist of a chairman, who...

      2. 2.The chairman and members shall be appointed by the Secretary...

      3. 3.The Secretary of State may make regulations with respect to...

      4. 4.The Secretary of State may provide the services of such...

      5. 5.The proceedings of the Committee shall not be invalidated by...

    4. SCHEDULE 3

      The Planning Council

    5. SCHEDULE 4

      University Liaison Committees

      1. The University Liaison Committee for any area or combination of...

    6. SCHEDULE 5

      The Agency

      1. 1.The Agency shall be a body corporate and shall have...

      2. 2.The affairs of the Agency shall be managed by a...

      3. 3.The management committee shall consist of a chairman appointed by...

      4. 3A.The Secretary of State may pay to the chairman of...

      5. 4.The proceedings of the management committee shall not be invalidated...

      6. 5.The Secretary of State shall pay to members of the...

      7. 6.Allowances shall not be paid under paragraph 5 except in...

      8. 7.The Agency may employ such officers and servants on such...

      9. 7A.Regulations or directions under paragraph 7 may provide for approvals,...

      10. 7B.Regulations may provide for the transfer of officers and servants...

      11. 7C.Directions may be given by the Secretary of State—

      12. 8.Regulations may make provision with respect to—

      13. 8A.In connection with arrangements relating to community care services ...,...

      14. 8B.Before making regulations under paragraph 7B or 8A, the Secretary...

      15. 9.No officer or servant of the Agency to whom regulations...

      16. 10.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      17. 11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      18. 12.The Secretary of State may exercise the powers conferred by...

    7. SCHEDULE 5A

      Healthcare Improvement Scotland

      1. Status

        1. 1.(1) Healthcare Improvement Scotland is a body corporate.

      2. Membership of HIS

        1. 2.(1) HIS is to consist of the following members—

      3. Terms of appointment etc.

        1. 3.(1) Each member of HIS is to be appointed for...

      4. Removal of members

        1. 4.The Scottish Ministers may, by written notice, remove a member...

      5. Disqualification from membership

        1. 5.A person is disqualified from appointment, and from holding office,...

      6. Remuneration and allowances for members

        1. 6.HIS must pay to each of its members such—

      7. Chief executive and other employees

        1. 7.(1) HIS is to employ a chief executive.

      8. Medical reviewers

        1. 7A.(1) HIS must appoint persons employed under paragraph 7(5) to...

      9. Committees

        1. 8.(1) HIS may establish committees for any purpose relating to...

      10. Procedure and meetings

        1. 9.(1) HIS may determine its own procedure and that of...

      11. General powers

        1. 10.(1) HIS may do anything which appears to be necessary...

      12. Delegation of functions

        1. 11.(1) HIS may, subject to sub-paragraphs (2) to (3) authorise—...

      13. Location of office

        1. 12.HIS's determination of the location of its office premises is...

      14. Accounts

        1. 13.(1) HIS must— (a) keep proper accounts and accounting records;...

      15. Reports

        1. 14.(1) As soon as practicable after the end of each...

    8. SCHEDULE 6

      1. Part I

        1. Constitution

          1. 1.The Hospital Trust (hereafter in this Schedule referred to as...

          2. 2.The Trust shall be a body corporate.

          3. 3.The proceedings of the Trust shall not be invalidated by...

      2. Part II

        1. Powers

          1. 4.The Trust shall have the following powers—

          2. 5.(1) It shall be the duty of the Trust to...

          3. 6.(1) Regulations may prescribe the method of calculating the capital...

          4. 7.(1) The Trust shall, at such date or dates in...

          5. 8.The total annual expenses of administration of the Trust shall...

          6. 9.Regulations may make provision in respect of any of the...

          7. 10.(1) The accounts of the Trust shall be audited annually...

    9. SCHEDULE 7

      The Research Trust

      1. 1.The Research Trust shall consist of a chairman appointed by...

      2. 2.The Research Trust shall be a body corporate.

      3. 3.Subject to paragraph 3A, the Research Trust shall consist of...

      4. 3A.(1) The persons who are the members of the Research...

      5. 3B.(1) Subject to the provisions of this Schedule, the appointment...

      6. 3C.A person who ceases to be a member of the...

      7. 3D.The Research Trust may make payments from their funds to...

      8. 3E.(1) The Research Trust may appoint such staff, on such...

      9. 3F.(1) The Research Trust— (a) shall make and maintain standing...

      10. 3G.The Research Trust may do anything which appears to them...

      11. 4.The Research Trust shall have power to purchase land and...

      12. 5.The Research Trust shall have, in relation to their funds,...

      13. 6.Where the Research Trust borrow money or draw upon capital...

      14. 7.. . . . . . . . . ....

    10. SCHEDULE 7A

      National Health Service Trusts

      1. Part I Orders Establishing NHS Trusts Etc.

        1. 1.Any reference in this Part of this Schedule to an...

        2. 2.The provisions made by an order shall be in conformity...

        3. 3.(1) Without prejudice to any amendment made by subsequent order,...

        4. 4.(1) An order may require a Health Board and the...

        5. 5.(1) An order may provide for the establishment of an...

      2. Part II Duties, Powers and Status of NHS Trusts

        1. Specific duties

          1. 6.(1) In carrying out the functions for the time being...

          2. 7.(1) For each accounting year an NHS trust shall prepare...

          3. 8.An NHS trust shall furnish to the Secretary of State...

          4. 9.(1) An NHS trust shall be liable to pay—

        2. Specific powers

          1. 10.An NHS trust may enter into NHS contracts.

          2. 11.An NHS trust may undertake and commission research and make...

          3. 12.An NHS trust may— (a) provide training for persons employed...

          4. 13.An NHS trust may enter into arrangements for the carrying...

          5. 14.According to the nature of its functions, an NHS trust...

          6. 15.For the purpose of making additional income available in order...

        3. General powers

          1. 16.Subject to Schedule 7B, an NHS trust shall have power...

          2. 17.In connection with arrangements relating to community care services ...,...

          3. 18.Regulations made under paragraph 17 may make such incidental and...

          4. 19.Before making regulations under paragraph 17, the Secretary of State...

          5. 20.(1) Without prejudice to the generality of paragraph 16, to...

        4. Status

          1. 21.An NHS trust shall not be regarded as the servant...

      3. Part III Supplementary Provisions

        1. Reimbursement for health services work carried out otherwise than under contract

          1. 22.(1) In any case where an NHS trust provides goods...

          2. 23.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        2. Use and development of land used for religious purposes and burial grounds

          1. 24.Where land consisting of a church or other building used...

      4. Part IV Dissolution

        1. 25.(1) The Secretary of State may by order dissolve an...

        2. 26.(1) If an NHS trust is dissolved under this Part...

        3. 27.If an NHS trust is dissolved under this Part of...

        4. 28.An NHS trust may not be dissolved or wound up...

    11. SCHEDULE 7B

      Financial Provisions relating to NHS Trusts

      1. Borrowing

        1. 1.(1) Subject to any direction given by the Secretary of...

      2. Guarantees of borrowing

        1. 2.(1) The Secretary of State may guarantee, in such manner...

      3. Surplus funds

        1. 2A.In any financial year the net aggregate amount of sums...

        2. 2B.In paragraph 2A above, “ net aggregate amount ” means...

      4. Limits on indebtedness

        1. 3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        2. 4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. Additional public dividend capital

        1. 5.(1) If the Secretary of State, with the consent of...

      6. Surplus funds

        1. 6.If it appears to the Secretary of State that any...

      7. Investment

        1. 7.An NHS trust shall have power to invest money held...

        2. 8.Any direction with respect to— (a) the power conferred on...

    12. SCHEDULE 8

      The Tribunal

      1. 1.The Tribunal shall consist of— (a) a chairman appointed by...

      2. 2.A person appointed as the chairman or a deputy chairman...

      3. 3.Any appointment for the purposes of paragraph 1(c) above shall...

      4. 4.Any appointment for the purposes of any of sub-paragraphs (d)...

      5. 5.For the purposes of paragraph 4, the Secretary of State...

      6. 6.If any member of the Tribunal is unable to act...

      7. 7.Regulations may make provision— (a) with respect to the appointment,...

      8. 8.(1) The functions of the Tribunal shall be exercised by...

    13. SCHEDULE 9

      Additional Provisions as to Prohibition of Sale of Medical Practices

      1. Prohibition, and certificate of Practices Committee

        1. 1.(1) Any person who sells or buys the goodwill ....

      2. Certain transactions deemed sale of goodwill

        1. 2.(1) For the purposes of section 35(1) and paragraph 1,...

      3. Carried-over goodwill

        1. 3.The fact that a person’s medical practice was previously carried...

    14. SCHEDULE 10

      Additional Provisions as to the Control of Maximum Prices for Medical Supplies

      1. Orders and directions

        1. 1. Additional Provisions as to the Control of Maximum Prices for Medical Supplies

      2. Notices, authorisations and proof of documents

        1. 2. Additional Provisions as to the Control of Maximum Prices for Medical Supplies

      3. Territorial extent

        1. 3. Additional Provisions as to the Control of Maximum Prices for Medical Supplies

      4. False documents and false statements

        1. 4. Additional Provisions as to the Control of Maximum Prices for Medical Supplies

      5. Restrictions on disclosing information

        1. 5. Additional Provisions as to the Control of Maximum Prices for Medical Supplies

      6. Offences by corporations

        1. 6. Additional Provisions as to the Control of Maximum Prices for Medical Supplies

      7. Penalties

        1. 7. Additional Provisions as to the Control of Maximum Prices for Medical Supplies

      8. Production of documents

        1. 8. Additional Provisions as to the Control of Maximum Prices for Medical Supplies

        2. 9. Additional Provisions as to the Control of Maximum Prices for Medical Supplies

    15. SCHEDULE 11

      Additional Provisions as to Regulations for the Making and Recovery of Charges

      1. Regulations under section 69—charges for drugs, medicines or appliances, or pharmaceutical services

        1. 1.(1) No charge shall be made under section 69(1) in...

      2. Regulations under section 70—charges for dental or optical appliances

        1. 2.(1) The optical appliances referred to in section 70(1) are...

        2. 2A.(1) It shall be the duty of the Secretary of...

      3. Regulations under section 71—charges for dental treatment

        1. 3.(1) (2) Regulations may vary the amount or the maximum...

      4. Miscellaneous Provisions

        1. 4.For the purposes of section 39(2) (which provides for the...

        2. 5.Regulations may provide for the remission or repayment of any...

        3. 6.For the purposes of sections 69 and 70 and of...

        4. 7.References in this Schedule to qualifying full-time education mean full-time...

    16. SCHEDULE 12

      Inquiries

      1. 1.The Secretary of State shall appoint a person to hold...

      2. 2.The Secretary of State or the person appointed to hold...

      3. 3.The person appointed to hold the inquiry may by notice...

      4. 4.The person appointed to hold the inquiry may administer oaths...

      5. 5.Any person who refuses or wilfully neglects to attend in...

      6. 6.The expenses incurred by the Secretary of State in relation...

      7. 7.The Secretary of State may make orders as to the...

      8. 8.Any order by the Secretary of State under paragraph 6...

    17. SCHEDULE 13

      Acquisition of Property Other than Land

      1. 1.Where under this Act, in connection with the acquisition of...

      2. 2.If any objection is duly made the Secretary of State...

      3. 3.The property with respect to which a notice is served...

      4. 4.Where any property is acquired in accordance with this Schedule...

      5. 5.Where property in respect of which compensation is payable as...

      6. 6.Any such compensation shall carry interest, as from the time...

      7. 7.Where any sum by way of compensation is paid in...

    18. SCHEDULE 14

      Action not subject to investigation by the Commissioner

      1. 1.Action taken by medical practitioners, dental practitioners, ophthalmic or dispensing...

      2. 2.Action taken in connection with the diagnosis of illness or...

      3. 3.Action taken by a Health Board or a Joint Ophthalmic...

      4. 4.Action taken in respect of appointments or removals, pay, discipline,...

      5. 5.Action taken in matters relating to contractual or other commercial...

      6. 6.Action which has been or is the subject of an...

      7. 7.Action in relation to which the protective functions of the...

    19. SCHEDULE 15

      Transitional Provisions and Savings

      1. General

        1. 1.(1) In so far as— (a) any agreement, appointment, apportionment,...

        2. 2.Where any enactment passed before the commencement of this Act,...

        3. 3.Where any period of time specified in an enactment repealed...

      2. Section 37 of the National Health Service (Scotland) Act 1947

        1. 4.Notwithstanding the repeal by this Act of section 37 of...

      3. Persons authorised to provide pharmaceutical services

        1. 5.A person who for three years immediately before 16th December...

      4. Disqualification of practitioners

        1. 6.Where by virtue of section 43(8) of the National Health...

      5. Section 4 of the Health Services and Public Health Act 1968

        1. 7.An undertaking given before the coming into force of section...

      6. Compensation of officers

        1. 8.Notwithstanding the repeal by the National Health Service (Scotland) Act...

      7. Vehicles under section 33 of the Health Services and Public Health Act 1968

        1. 9.The provision of vehicles as mentioned in section 33 of...

      8. Saving of amendments

        1. 10.Notwithstanding the repeal by this Act of sections 53 and...

      9. Transfer of property of voluntary organisations

        1. 11.Notwithstanding the repeal by this Act of section 23(2) of...

      10. Investigations by the Health Service Commissioner for Scotland

        1. 12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      11. Permission deemed to have been granted under section 9(5) of the Health Services Act 1976

        1. 13.Where under any arrangements terminated by virtue of section 9(5)...

      12. Borrowing from the Hospital Trust by Boards of Management and Regional Hospital Boards

        1. 14.Notwithstanding the repeal by this Act of the provisions of...

      13. Health functions of local authorities

        1. 15.Notwithstanding the repeal by this Act of section 27 of...

    20. SCHEDULE 16

      Consequential Amendments of Enactments

      1. The Polish Resettlement Act 1947

        1. 1.In section 11(3)(b) (application to Scotland), for the words “the...

      2. The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

        1. 2.In section 1(1)(d) (compulsory purchase of land by the Secretary...

      3. The National Assistance Act 1948

        1. 3.(1) In section 47 (removal of persons in need of...

      4. The Law Reform (Personal Injuries) Act 1948

        1. 4.In seciton 2(4) (measure of damages), for the words “National...

      5. The Children Act 1948

        1. 5.In section 59(1) (interpretation), in the definition of “hospital", for...

      6. The Nurseries and Child Minders Regulation Act 1948

        1. 6.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      7. The Nurses (Scotland) Act 1951

        1. 7.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      8. The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

        1. 8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        2. 9.. . . . . . . . . ....

        3. 10.. . . . . . . . . ....

        4. 11.. . . . . . . . . ....

        5. 12, 13.. . . . . . . . . ....

      9. The Public Bodies (Admission to Meetings) Act 1960

        1. 14.In paragraph (2) of the Schedule (bodies to which Act...

        2. 15—18.. . . . . . . . . ....

        3. 19.. . . . . . . . . ....

      10. The Redundancy Payments Act 1965

        1. 20.In Schedule 3 (National Health Service Employers), in paragraph 7,...

      11. The National Health Service 1966

        1. 21.. . . . . . . . . ....

        2. 22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        3. 23.In section 11, for words “1947" substitute the words “1978"....

      12. The Superannuation (Miscellaneous Provisions) Act 1967

        1. 24.In section 7(5) (superannuation provisions of the National Health Service...

        2. 25.. . . . . . . . . ....

      13. The Health Services and Public Health Act 1968

        1. 26.(1) In section 59(2) (extension of power), for the words...

        2. 27.In section 64 (financial assistance to voluntary organisations)—

        3. 28.In section 65(6) (assistance by local authorities to voluntary organisations),...

      14. The Social Work (Scotland) Act 1968

        1. 29.(1) In section 60(1)(f) (control of certain establishments), for the...

      15. The Medicines Act 1968

        1. 30.In section 131(5) (meaning of certain expressions), for the words...

        2. 31.In section 132(1) (interpretation), in the definition of “health centre",...

      16. The Post Office Act 1969

        1. 32.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      17. The Chronically Sick and Disabled Persons Act 1970

        1. 33.In section 17(1) (separation of younger from older patients), for...

        2. 34.. . . . . . . . . ....

      18. The Tribunals and Inquiries Act 1971

        1. 35.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      19. The Finance Act 1971

        1. 36.In Schedule 13 (health service agreement) in paragraph 1(1) for...

        2. 37.. . . . . . . . . ....

      20. The Local Goverment (Scotland) Act 1973

        1. 38.In section 197 (inspection of documents) for the words “1972"...

      21. The Trade Union and Labour Relations Act 1974

        1. 39.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      22. The Social Security Act 1975

        1. 40.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      23. The Criminal Procedure (Scotland) Act 1975

        1. 41.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      24. The House of Commons Disqualification Act 1975

        1. 42.In Schedule 1 in Part II (bodies of which all...

        2. 43.. . . . . . . . . ....

        3. 44.. . . . . . . . . ....

      25. The Patents Act 1977

        1. 45.In section 56(4), in paragraph (a), for the words “Part...

    21. SCHEDULE 17

      Repeals

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