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National Health Service (Scotland) Act 1978

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 2.

SCHEDULE 1Health Boards

PART IConstitution

1A Health Board shall be a body corporate and shall have a common seal.

2A Health Board shall consist of a chairman appointed by the Secretary of State and such number of other members so appointed as the Secretary of State thinks fit.

3Appointments under paragraph 2 shall be made after consultation with the following bodies—

(a)each local authority (within the meaning of the [1973 c. 65.] Local Government (Scotland) Act 1973) in the area of the Health Board concerned;

(b)any university appearing to the Secretary of State to have an interest in the provision of health services in that area ;

(c)such organisations as the Secretary of State may recognise as representative in that area of the medical, dental, nursing, pharmaceutical and ophthalmic professions and such other professions as the Secretary of State considers appropriate, or of those professions generally; and

(d)such other organisations as appear to the Secretary of State to be concerned.

4The Secretary of State may pay to the chairman of a Health Board such remuneration as he may, with the approval of the Minister for the Civil Service, from time to time determine.

5A Health Board may employ such officers and servants on such terms as to remuneration and conditions of service as the Board may, subject to regulations, determine.

6Regulations may make provision with respect to the method of appointment of officers or servants of a Health Board and as to the qualifications, remuneration and conditions of service of those persons.

7No officer or servant of a Health Board to whom regulations apply shall be employed otherwise than in accordance with the regulations.

8Regulations under paragraph 6 shall not contain a requirement that all consultants employed for the purpose of hospitals shall be employed whole-time.

9The application of the seal of a Health Board to any document shall be attested by at least one member of the Board and by the person for the time being acting as Secretary of the Board.

10Every document purporting to be an instrument issued by a Health Board, and to be sealed and attested as aforesaid or to be duly signed on behalf of the Board, shall be received in evidence and shall be deemed to be such an instrument without further proof, unless the contrary is shown.

PART IISupplementary provisions

11Regulations may make provision—

(a)as to the appointment, tenure and vacation of office of chairman and members of Health Boards ;

(b)as to the delegation of functions to committees or sub-committees composed, as to a majority, of members of Health Boards ;

(c)as to the procedure of Health Boards, their committees and sub-committees ; and

(d)for the payment by Health Boards of subscriptions, of such amounts as the Secretary of State may approve, to the funds of such associations or other bodies as he may from time to time approve.

12The proceedings of a Health Board shall not be invalidated by any vacancy in membership or by any defect in the appointment of any member thereof.

13The Secretary of State shall pay to members of a Health Board, the committees and sub-committees thereof, such travelling and other allowances, including compensation for loss of remunerative time, as he may, with the approval of the Minister for the Civil Service, from time to time determine.

14Allowances shall not be paid under paragraph 13 except in connection with the performance of such powers or duties, in such circumstances, as the Secretary of State may determine.

15Payment under paragraph 13 shall be made at such times and in such manner, and subject to such conditions as to records, certificates or otherwise, as the Secretary of State may determine.

16A Health Board may by agreement transfer to the Hospital Trust any endowments or income referred to in paragraph 4(e) of Schedule 6 for investment and management on their behalf, subject to any terms or conditions set out in the agreement, notwithstanding any restriction on the powers of investment of such endowments or income.

17A Health Board may borrow from the Hospital Trust against their share in the capital of the Hospital Trust.

18The functions transferred to and exercisable by Health Boards under section 56 of the [1972 c. 58.] National Health (Scotland) Act 1972 (functions under the [1938 c. 73.] Nursing Homes Registration (Scotland) Act 1938) shall continue to be exercisable by them under this paragraph.

19The Secretary of State may, with any necessary modifications, by order apply any of the provisions of paragraph 1 of Schedule 9 to the [1971 c. 75.] Civil Aviation Act 1971 to the case of a person who enters the employment of a Health Board after having been employed in employment to which the said paragraph 1 applies, and any such order may provide that for the purposes of any enactment specified in the order, or for any other purposes so specified, there shall be deemed to have been no break in the employment of any such person.

Section 3.

SCHEDULE 2The Medical Practices Committee

1The Medical Practices Committee shall consist of a chairman, who shall be a medical practitioner, and 5 other members of whom 3 shall be medical practitioners actively engaged in medical practice.

2The chairman and members shall be appointed by the Secretary of State after consultation with such organisations as the Secretary of State may recognise as representative of the medical profession.

3The Secretary of State may make regulations with respect to the appointment, tenure of office and vacation of office of the members of the Committee.

4The Secretary of State may provide the services of such officers as the Committee may require.

5The proceedings of the Committee shall not be invalidated by any vacancy in the membership of the Committee or by any defect in the appointment or qualification of any member thereof.

Section 5.

SCHEDULE 3The Planning Council

1The Planning Council shall consist of a chairman appointed by the Secretary of State, and other members appointed as follows—

(a)one member appointed by each Health Board ;

(b)one member appointed by each university in Scotland which has a medical school;

(c)not more than 6 officers of the Secretary of State appointed by him; and

(d)such other members, not being officers of the Secretary of State, as may be appointed by him.

2The Secretary of State shall have power to appoint a vice-chairman from among the membership of the Council.

3Regulations may make provision for—

(a)the appointment, tenure and vacation of office of the chairman, vice-chairman and memberes of the Council;

(b)enabling alternative members to attend in place of any member of the Council who may be absent;

(c)the attendance as assessors at meetings of the Council of the chairmen of the national consultative committees ;

(d)the appointment by the Council of committees whose membership may include persons who are not members of the Council; and

(e)the procedure of the Council or of any committee thereof.

4The proceedings of the Council or of any committee thereof shall not be invalidated by any vacancy in the membership of the Council or committee, or by any defect in the appointment or qualification of any member thereof.

5The Secretary of State shall pay to members of the Council, the committees and sub-committees thereof, such travelling and other allowances, including compensation for loss of remunerative time, as he may, with the approval of the Minister for the Civil Service, from time to time determine.

6Allowances shall not be paid under paragraph 5 except in connection with the performance of such powers or duties, in such circumstances, as the Secretary of State may determine.

7The Secretary of State shall have power, after consultation with the Council, to make such arrangements for the provision of secretarial and other services and facilities for the Council as appear to him to be appropriate.

Section 8.

SCHEDULE 4University Liaison Committees

The University Liaison Committee for any area or combination of areas shall consist of such number of members as the Secretary of State thinks fit; and of those members—

(a)not less than one-third shall be appointed by any university or universities appearing to the Secretary of State to have an interest in the health service in the area or combined areas ;

(b)a number, equal to the number appointed under paragraph (a), shall be appointed by the Health Board for the area or, as the case may be, by the Health Boards for the combined areas acting jointly ; and

(c)any other members shall be appointed in such manner as may be provided in the order constituting the Committee.

The Committee shall appoint one of their number to be chairman.

Section 10.

SCHEDULE 5The Agency

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

2The affairs of the Agency shall be managed by a management committee constituted in accordance with paragraph 3.

3The management committee shall consist of a chairman appointed by the Secretary of State and other members appointed as follows—

(a)5 members appointed by the Secretary of State;

(b)6 members appointed by the Secretary of State on the nomination of the Health Boards acting jointly ; and

(c)such other members as may be appointed by the Secretary of State after consultation with the Health Boards, acting jointly.

4The proceedings of the management committee shall not be invalidated by any vacancy in its membership or by any defect in the appointment of any member thereof.

5The Secretary of State shall pay to members of the management committee and sub-committees thereof such travelling and other allowances, including compensation for loss of remunerative time, as he may, with the approval of the Minister for the Civil Service, from time to time determine.

6Allowances shall not be paid under paragraph 5 except in connection with the performance of such powers or duties, in such circumstances, as the Secretary of State may determine.

7The Agency may employ such officers and servants on such terms as to remuneration and conditions of service as the management committee may, subject to regulations, determine.

8Regulations may make provision with respect to—

(a)the appointment, tenure and vacation of office of the chairman and members of the management committee ;

(b)enabling alternative members to attend in place of any member of the committee who may be absent;

(c)the appointment by the management committee of sub-committees, whose membership may include persons who are not members of the management committee ;

(d)the procedure of the management committee; and

(e)the method of appointment of officers or servants of the Agency and the qualifications, remuneration and conditions of service of those persons.

9No officer or servant of the Agency to whom regulations apply shall be employed otherwise than in accordance with the regulations.

10The application of the seal of the Agency to any document shall be attested by at least one member of the management committee and by an officer authorised for the purpose by the management committee.

11Every document purporting to be an instrument issued by the Agency and to be sealed and attested as aforesaid or to be duly signed on behalf of the Agency shall be received in evidence, and shall be deemed to be such an instrument without further proof unless the contrary is shown.

12The Secretary of State may exercise the powers conferred by paragraph 19 of Schedule 1 in the case of a person who enters the employment of the Agency and to whom that paragraph otherwise applies.

Section 11.

SCHEDULE 6The Hospital Trust

PART IConstitution

1The Hospital Trust (hereafter in this Schedule referred to as " the Trust") shall consist of a chairman appointed by the Secretary of State and not more than 7 and not less than 5 other members so appointed.

2The Trust shall be a body corporate.

3The proceedings of the Trust shall not be invalidated by any vacancy in the membership thereof or by any defect in the appointment of a member.

PART IIPowers

4The Trust shall have the following powers—

(a)the like powers in relation to their funds as trustees have in relation to their trust estate under section 4(1) of the [1921 c. 58.] Trusts (Scotland) Act 1921 ;

(b)power to purchase and lease land and to invest in any security in which trustees are authorised to invest under or in pursuance of the Trusts (Scotland) Act 1921 and—

(i)to retain any investment which they from time to time receive,

(ii)to make a narrower-range investment falling within Part II of Schedule 1 to the [1961 c. 62.] Trustee Investments Act 1961 without first obtaining advice as required by section 6 of that Act,

(iii)to invest in the units of a unit trust scheme or in participation certificates or in any form of participation under any trust or scheme having the effect of enabling persons to participate in the profits and income arising from the acquisition, holding, management or disposal of securities or of land ;

(c)power to make loans to Health Boards against their share in the capital of the Trust;

(d)power to pay all the expenses of the constitution and administration of the Trust from their funds ;

(e)power to accept from any Health Board for investment and management on behalf of the Board any endowments or accumulated income thereof transferred to the Board under Part VI of the [1972 c. 58.] National Health Service (Scotland) Act 1972 and any endowments, or accumulated income thereof, otherwise held by a Health Board ;

(f)power to accept, hold, administer and dispose of any property (other than a relevant endowment or such an endowment as is referred to in sub-paragraph (e)) on trust for purposes similar to those for which property is held by a Health Board ;

(g)power to give advice to a Health Board relating to the investment or management of any such endowment or income as is referred to in sub-paragraph (e) and which is not transferred to the Trust under paragraph 16 of Schedule 1, and to recover from the Board concerned any expenses reasonably incurred by them in giving such advice.

5(1)It shall be the duty of the Trust to obtain advice on the investment of any property held by them under this Act from a person whom the Trust reasonably believe to be qualified to give such advice by his ability in, and practical experience of, financial matters.

(2)For the purposes of sub-paragraph (1), the advice referred to therein may be obtained from a person other than an officer or servant of the Trust on such terms as may be agreed between the Trust and that person.

6(1)Regulations may prescribe the method of calculating the capital value of relevant endowments transferred from Boards of Management and Regional Hospital Boards to the Trust under section 2(1) of the [1971 c. 8.] Hospital Endowments (Scotland) Act 1971 and the shares of Health Boards in the total endowments so transferred.

(2)Regulations may prescribe the terms and conditions on which sums may be borrowed from the Trust by Health Boards.

7(1)The Trust shall, at such date or dates in each year as the Secretary of State may determine, distribute the income from all relevant endowments transferred to them under section 2(1) of the Hospital Endowments (Scotland) Act 1971 and from property accepted by them in pursuance of paragraph 4(f), after deduction of such expenses as have been incurred under this Act or the said Act of 1971 or regulations made thereunder, among Health Boards and state hospitals in accordance with schemes made from time to time by the Secretary of State by statutory instrument.

(2)Before making a scheme under this paragraph the Secretary of State shall give to Health Boards and the bodies charged with the management of state hospitals an opportunity to make representations to him about the scheme.

(3)Such schemes shall provide for the income from such relevant endowments—

(a)in so far as it is distributed among Health Boards, being used by those Boards for purposes relating to services provided under this Act in or in relation to hospitals, or to research into any such matters as are mentioned in section 47(2), or for purposes intended to preserve the memory of any person or class of persons ;

(b)in so far as it is distributed to a state hospital, being used by that hospital for any purpose for which the hospital was provided, including research in connection with any such purpose.

(4)In making a scheme under this paragraph the Secretary of State shall have regard to the arrangements for the distribution of income under any scheme, being a scheme made under section 7 of the said Act of 1971 and in operation immediately before 1st April 1974 ; and any scheme made under this paragraph may provide that any accumulated income held by a Health Board by virtue of section 2(2)(a) of the said Act of 1971 may be used only for such purposes as may be specified in the scheme.

(5)No scheme shall be made under this paragraph unless a draft has been laid before Parliament and has been approved by a resolution of each House of Parliament.

8The total annual expenses of administration of the Trust shall be limited to such maximum amount as the Secretary of State may from time to time determine.

9Regulations may make provision in respect of any of the following matters—

(a)the appointment, and tenure and vacation of office, of the members of the Trust;

(b)the procedure of the Trust;

(c)the appointment, remuneration and conditions of service of officers and servants of the Trust;

(d)the making of payments, not exceeding limits to be determined from time to time by the Secretary of State, from the funds of the Trust to the members thereof in respect of any loss of earnings they would otherwise have made or any additional expenses (including travelling and subsistence expenses) to which they would not otherwise have been subject, being loss or expenses necessarily suffered or incurred by them for the purpose of enabling them to perform duties as members of the Trust;

(e)any matters consequential on, or incidental to, any of the aforesaid matters.

10(1)The accounts of the Trust shall be audited annually by an auditor appointed by the Trust.

(2)No person shall be qualified to be appointed auditor under this paragraph unless he is a member of one or more of the following bodies:—

(a)the Institute of Chartered Accountants of Scotland;

(b)the Institute of Chartered Accountants in England and Wales;

(c)the Association of Certified and Corporate Accountants ;

(d)the Institute of Chartered Accountants in Ireland;

(e)any other body of accountants established in the United Kingdom and for the time being recognised for the purposes of section 161(1)(a) of the [1948 c. 38.] Companies Act 1948 by the Secretary of State ;

but a Scottish firm may be so appointed if each of the partners therein is qualified to be so appointed.

Section 12.

SCHEDULE 7The Research Trust

1The Research Trust shall consist of a chairman appointed by the Secretary of State and such number of other members so appointed as the Secretary of State may from time to time determine.

2The Research Trust shall be a body corporate.

3The Secretary of State may make regulations for—

(a)the appointment, and tenure and vacation of office, of the members of the Research Trust;

(b)the procedure of the Trust;

(c)the appointment, remuneration and conditions of service of officers of the Trust;

(d)the making of payments from the funds of the Trust to its members in respect of any loss of earnings they would otherwise have made or any additional expenses (including travelling and subsistence expenses) to which they would not otherwise have been subject, being loss of expenses necessarily suffered or incurred by them for the purpose of enabling them to perform duties as members of the Trust; and

(e)any matters consequential or incidental to those matters.

4The Research Trust shall have power to purchase land and to invest in any securities in which trustees are authorised to invest under or in pursuance of the [1921 c. 58.] Trusts (Scotland) Act 1921 ; and they may—

(a)retain any investment which they from time to time receive;

(b)make a narrower-range investment falling within Part II of Schedule 1 to the [1961 c. 62.] Trustee Investments Act 1961 without first obtaining advice as required by section 6 of that Act;

(c)invest in the units of a unit trust scheme or in participation certificates or in any form of participation under any trust or scheme having the effect of enabling persons to participate in the profits and income arising from the acquisition, holding, management or disposal of securities or of land.

5The Research Trust shall have, in relation to their funds, the like powers as trustees have in relation to their trust estate under subsection (1) of section 4 of the [1921 c. 58.] Trusts (Scotland) Act 1921.

6Where the Research Trust borrow money or draw upon capital to meet expenditure of a capital nature, they shall set aside annually a sum sufficient to repay such loan or draft within a period which, unless the Secretary of State otherwise approves in any case, shall not exceed 30 years ; but this paragraph shall not apply in the case of a draft on capital to the extent only of surplus income added to capital.

7The proceedings of the Research Trust shall not be invalidated by any vacancy in the membership thereof or by any defect in the appointment of a member.

Section 29.

SCHEDULE 8The Tribunal

1The Tribunal for the purposes of section 29 shall consist of a chairman and 2 other members.

2The chairman shall be a practising advocate or solicitor of not less than 10 years' standing appointed by the Lord President of the Court of Session.

3One of the other members shall be a person appointed by the Secretary of State after consultation with such body as the Secretary of State may recognise as being representative of Health Boards.

4The remaining member (hereafter referred to as "the practitioner member ") shall be appointed by the Secretary of State from such one of the panels appointed under paragraph 5 as the Secretary of State considers appropriate having regard to the profession or calling of the person whose case is being investigated.

5For the purposes of paragraph 4, the Secretary of State shall, after consultation with such organisations as he may recognise as representative of the several professions or callings concerned, appoint the following panels, none of which shall exceed 6 persons, that is to say:—

(a)a panel of medical practitioners ;

(b)a panel of medical practitioners having the qualifications prescribed under section 26 ;

(c)a panel of dental practitioners;

(d)a panel of ophthalmic opticians;

(e)a panel of dispensing opticians; and

(f)a panel of registered pharmacists.

6If any member of the Tribunal is unable to act in any case a deputy may be appointed by the Lord President of the Court of Session or the Secretary of State, as in the case of the appointment of the member in question; and, if the member is the chairman, the deputy shall possess the professional qualifications required for the office of chairman, and, if the member is the practitioner member, the deputy shall be appointed from the same panel.

7Regulations may make provision—

(a)with respect to the appointment, tenure of office and vacation of office of members of the Tribunal;

(b)with respect to the appointment of officers of the Tribunal.

Section 35.

SCHEDULE 9Additional Provisions as to Prohibition of Sale of Medical Practices

Prohibition, and certificate of Practices Committee

1(1)Any person who sells or buys the goodwill, or any part of the goodwill, of a medical practice which it is unlawful to sell by virtue of section 35(1) is guilty of an offence and liable on conviction on indictment to a fine not exceeding—

(a)such amount as will in the court's opinion secure that he derives no benefit from the offence, and

(b)the further sum of £500,

or to imprisonment for a term not exceeding 3 months, or to both such fine and such imprisonment.

(2)Any medical practitioner or his personal representative may apply to the Medical Practices Committee for their opinion whether a proposed transaction or series of transactions involves the sale of the goodwill, or any part of the goodwill, of a medical practice which it is unlawful to sell by virtue of section 35(1).

(3)The Committee shall consider any such application, and, if they are satisfied that the transaction or series of transactions does hot involve the giving of valuable consideration in respect of the goodwill, or any part of the goodwill, of such a medical practice, they shall issue to the applicant a certificate to that effect, which shall be in the prescribed form and shall set out all material circumstances disclosed to the Committee.

(4)Where any person is charged with an offence under this paragraph in respect of any transaction or series of transactions, it shall be a defence to the charge to prove that the transaction or series of transactions was certified by the Medical Practices Committee under sub-paragraph (3).

(5)Any document purporting to be such a certificate shall be admissible in evidence and shall be deemed to be such a certificate unless the contrary is proved.

(6)If it appears to the court that the applicant for any such certificate failed to disclose to the Committee all the material circumstances, or made any misrepresentation with respect thereto, the court may disregard the certificate, and sub-paragraph (4) shall not apply thereto.

(7)The Medical Practices Committee shall, at the request of the Lord Advocate, furnish him with a copy of any certificate issued by them under sub-paragraph (3), and with copies of any documents produced to them in connection with the application for that certificate.

(8)For the purposes of this paragraph (and paragraph 2) references to the goodwill of a medical practice shall, in relation to a medical practitioner practising in partnership, be construed as referring to his share of the goodwill of the partnership practice.

Certain transactions deemed sale of goodwill

2(1)Where—

(a)any medical practitioner or his personal representative knowingly sells or lets premises previously used by that practitioner for the purposes of his practice to another medical practitioner, or in any other way disposes or procures the disposition of the premises, whether by a single transaction or a series of transactions, with a view to enabling another practitioner to use the premises for the purposes of his practice, and

(b)the consideration for the sale, letting or other disposition is substantially in excess of the consideration which might reasonably have been expected to be paid by a medical practitioner for the premises as such irrespective of goodwill,

the sale, letting or other disposition of the premises shall be deemed for the purposes of section 35(1) and paragraph 1 to be a sale by the first medical practitioner or his personal representative of the goodwill, or part of the goodwill, of the practice of that practitioner to that other practitioner.

Where a medical practitioner or his personal representative sells, lets or disposes or procures the disposition of any premises together with any other property, the court shall, for the purposes of this sub-paragraph, make such apportionment of the consideration as it thinks just.

(2)Where in pursuance of any partnership agreement between medical practitioners—

(a)any valuable consideration, other than the performance of services in the partnership business, is given by a partner or proposed partner as consideration for his being taken into partnership.

(b)any valuable consideration is given to a partner, on or in contemplation of his retirement or of his acceptance of a reduced share of the partnership profits, or to the personal representative of a partner on his death, not being a payment in respect of that partner's share in past earnings of the partnership or in any partnership assets or any other payment required to be made to him as the result of the final settlement of accounts, as between him and the other partners, in respect of past transactions of the partnership, or

(c)services are performed by any partner for a consideration substantially less than those services might reasonably have been expected to be worth having regard to the circumstances at the time when the agreement was made,

there shall be deemed for the purposes of section 35(1) and paragraph 1 to have been a sale of the goodwill, or part of the goodwill, of the practice of any partner to whom, or to whose personal representative, the consideration or any part thereof is given or, as the case may be, for whose benefit the services are performed, to the partner or each of the partners by or on whose behalf the consideration or any part thereof was given or, as the case may be, the partner who performed the services, and the said sale shall be deemed for the purposes of section 35(1) and paragraph 1 to have been effected—

(i)in a case to which paragraph (a) or paragraph (b) applies, at the time when the consideration was given, or, if the consideration was not all given at the same time, at the time when the first part thereof was given, or

(ii)in a case to which paragraph (c) applies, at the time when the agreement was made.

(3)Where any medical practitioner—

(a)performs services as an assistant to another medical practitioner for a remuneration substantially less than those services might reasonably have been expected to be worth, having regard to the circumstances at the time when the remuneration was fixed, and

(b)subsequently succeeds, whether as the result of a partnership agreement or otherwise, to the practice or any part of the practice of the second practitioner,

there shall be deemed for the purposes of section 35(1) and paragraph 1 to have been a sale (effected at the time when the remuneration was fixed) of the goodwill, or part of the goodwill, of that practice by the second practitioner to the first practitioner, unless it is shown that the said remuneration of the first practitioner was not fixed in contemplation of his succeeding to the practice, or any part of it.

(4)For the purposes of section 35(1) and paragraph 1—

(a)if a medical practitioner or the personal representative of a medical practitioner agrees, for valuable consideration, to do or refrain from doing any act, or to allow any act to be done, for the purpose of facilitating the succession of another medical practitioner to the practice, or any part of the practice, of the first practitioner, the transaction shall be deemed to be a sale of the goodwill, or part of the goodwill, of that practice by the first practitioner or his personal representative to the second practitioner ; and

(b)if any medical practitioner, or any person acting on his behalf, gives any valuable consideration to another medical practitioner, or the personal representative of another medical practitioner, and the first medical practitioner succeeds, or has succeeded, whether before or after the transaction aforesaid, to the practice, or any part of the practice, of the second practitioner, the transaction shall be deemed to be a sale of the goodwill, or part of the goodwill, of the practice of the second practitioner by him or by his personal representative to the first practitioner, unless it is shown that no part of the consideration was given in respect of the said goodwill or part of it.

(5)Sub-paragraph (4) shall not apply to anything done in relation to the acquisition of premises for the purposes of a medical practice, or in pursuance of a partnership agreement, or to the performance of services as an assistant to a medical practitioner.

(6)In determining for the purposes of section 35(1) and this Schedule the consideration given in respect of any transaction, the court shall have regard to any other transaction appearing to the court to be associated with the first transaction, and shall estimate the total consideration given in respect of both or all the transactions, and shall apportion it between those transactions in such manner as it thinks just.

(7)Where any consideration is, with the knowledge and consent of a medical practitioner or his personal representative, given to any other person, and it appears to the court that the medical practitioner or, if he has died, his estate or some person beneficially interested in his estate derives a substantial benefit from the giving of the consideration, the consideration shall be deemed for the purposes of section 35(1) and this Schedule to have been given to the medical practitioner or his personal representative, as the case may be.

Section 49.

SCHEDULE 10Additional Provisions as to the Control of Maximum Prices for Medical Supplies

Orders and directions

1(1)Any power of making orders under section 49 includes power to provide for any incidental and supplementary provisions which the Secretary of State thinks it expedient for the purposes of the order to provide.

(2)An order under section 49 may make such provisions (including provision for requiring any person to furnish any information) as the Secretary of State thinks necessary or expedient for facilitating the introduction or operation of a scheme of control for which provision has been made, or for which, in his opinion, it will or may be found necessary or expedient that provision should be made, under that section.

(3)An order under section 49 may prohibit the doing of anything regulated by the order except under the authority of a licence granted by such authority or person as may be specified in the order, and may be made so as to apply either to persons or undertakings generally or to any particular person or undertaking or class of persons or undertakings, and so as to have effect either generally or in any particular area.

(4)The [1889 c. 63.] Interpretation Act 1889 shall apply to the interpretation of any order made under section 49 as it applies to the interpretation of an Act of Parliament and for the purposes of section 38 of that Act any such order shall be deemed to be an Act of Parliament.

Notices, authorisations and proof of documents

2(1)A notice to be served on any person for the purposes of section 49, or of any order or direction made or given under that section, shall be deemed to have been duly served on the person to whom it is directed if—

(a)it is delivered to him personally ; or

(b)it is sent by registered post or the recorded delivery service addressed to him at his last or usual place of abode or place of business.

(2)Where under section 49 and this Schedule a person has power to authorise other persons to act thereunder, the power may be exercised so as to confer the authority either on particular persons or on a specified class of persons.

(3)Any permit, licence, permission or authorisation granted for the purposes of section 49 may be revoked at any time by the authority or person empowered to grant it.

(4)Every document purporting to be an instrument made or issued by the Secretary of State or other authority or person in pursuance of section 49 and this Schedule or any provisions so having effect and to be signed by or on behalf of the Secretary of State, or that authority or person, shall be received in evidence and shall until the contrary is proved, be deemed to be an instrument made or issued by the Secretary of State, or that authority or person.

(5)Prima facie evidence of any such instrument as is described in sub-paragraph (4) may in any legal proceedings (including arbitrations) be given by the production of a document purporting to be certified to be a true copy of the instrument by or on behalf of the Secretary of State or other authority or person having power to make or issue the instrument.

Territorial extent

3So far as any provisions contained in or having effect under section 49 and this Schedule impose prohibitions, restrictions or obligations on persons, those provisions apply to any persons in the United Kingdom and all persons on board any British ship or aircraft, not being an excepted ship or aircraft, and to all other persons, wherever they may be, who are ordinarily resident in the United Kingdom and who are citizens of the United Kingdom and Colonies or British protected persons.

In this paragraph—

  • " British aircraft " means an aircraft registered in—

    (a)

    any part of her Majesty's dominions ;

    (b)

    any country outside Her Majesty's dominions in which for the time being Her Majesty has jurisdiction ;

    (c)

    any country consisting partly of one or more colonies and partly of one or more such countries as are mentioned in paragraph (b);

  • " British protected person " means the same as in the British Nationality Acts 1948 to 1965 ;

  • " excepted ship or aircraft " means a ship or aircraft registered in any country for the time being listed in section 1(3) of the [1948 c. 56.] British Nationality Act 1948 or in any territory administered by the government of any such country, not being a ship or aircraft for the time being placed at the disposal of, or chartered by or on behalf of, Her Majesty's Government in the United Kingdom.

False documents and false statements

4(1)A person shall not, with intent to deceive—

(a)use any document issued for the purposes of section 49 and this Schedule or of any order made under that section ;

(b)have in his possession any document so closely resembling such a document as is described in paragraph (a) as to be calculated to deceive;

(c)produce, furnish, send or otherwise make use of for purposes connected with that section and this Schedule or any order or direction made or given under that section, any book, account, estimate, return, declaration or other document which is false in a material particular.

(2)A person shall not, in furnishing any information for the purposes of section 49 and this Schedule or of any order made under that section, make a statement which he knows to be false in a material particular or recklessly make a statement which is false in a material particular.

Restrictions on disclosing information

5No person who obtains any information by virtue of section 49 and this Schedule shall, otherwise than in connection with the execution of that section and this Schedule or of an order made under that section, disclose that information except for the purposes of any criminal proceedings, or of a report of any criminal proceedings, or with permission granted by or on behalf of a Minister of the Crown.

Offences by corporations

6Where an offence under this Schedule committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

In this paragraph, the expression " director", in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

Penalties

7(1)If any person contravenes or fails to comply with any order made under section 49, or any direction given or requirement imposed under that section, or contravenes or fails to comply with this Schedule (except for paragraph 8(3) or paragraph 9(4)) he is, save as otherwise expressly provided, guilty of an offence.

(2)Subject to any special provisions contained in this Schedule, a person guilty of such an offence shall—

(a)on summary conviction, be liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding £100, or to both ; or

(b)on conviction on indictment, be liable to imprisonment for a term not exceeding 2 years or to a fine not exceeding £500, or to both.

(3)Where a person convicted on indictment of such an offence is a body corporate, no provision limiting the amount of the fine which may be imposed shall apply, and the body corporate shall be liable to a fine of such amount as the court thinks just.

Production of documents

8(1)For the purposes—

(a)of securing compliance with any order made or direction given under section 49 by or on behalf of the Secretary of State, or

(b)of verifying any estimates, returns or information furnished to the Secretary of State in connection with section 49 or any order made or direction given under that section,

an officer of the Secretary of State duly authorised in that behalf has power, on producing (if required to do so) evidence of his authority, to require any person carrying on an undertaking or employed in connection with an undertaking to produce to that officer forthwith any documents relating to the undertaking which that officer may reasonably require for the purpose set out in this paragraph.

(2)The power conferred by this paragraph to require any person to produce documents includes power—

(a)if the documents are produced, to take copies of them or extracts from them and to require that person, or where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of any of them;

(b)if the documents are not produced, to require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.

(3)If any requirement to produce documents or provide an explanation or make a statement which is imposed by virtue of this paragraph is not complied with, the person on whom the requirement was so imposed is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding £100, or to both.

Where a person is charged with such an offence in respect of a requirement to produce any document, it shall be a defence to prove that they were not in his possession or under his control and that it was not reasonably practicable for him to comply with the requirements.

9(1)If a sheriff, magistrate or justice of the peace is satisfied, on information on oath laid on the Secretary of State's behalf, that there are any reasonable grounds for suspecting that there are on any premises any documents of which production has been required by virtue of paragraph 8 and which have not been produced in compliance with that requirement, he may issue a warrant under this paragraph.

A warrant so issued may authorise any constable, together with any other persons named in the warrant and any other constables—

(a)to enter the premises specified in the information (using such force as is reasonably necessary for the purpose); and

(b)to search the premises and take possession of any documents appearing to be such documents as are mentioned above, or to take in relation to any documents so appearing any other steps which may appear necessary for preserving them and preventing interference with them.

(2)Every warrant issued under this paragraph shall continue in force until the end of the period of one month after the date on which it is issued.

(3)Any documents of which possession is taken under this paragraph may be retained for a period of 3 months, or, if within that period there are commenced any proceedings for an offence under section 49 and this Schedule to which they are relevant, until the conclusion of those proceedings.

(4)Any person who obstructs the exercise of any right of entry or search conferred by virtue of a warrant under this paragraph, or who obstructs the exercise of any rights so conferred to take possession of any documents, is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding £50, or to both.

Sections 69-71.

SCHEDULE 11Additional Provisions as to Regulations for the Making and Recovery of Charges

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

1(1)No charge shall be made under section 69(1) in relation to the supply of drugs, medicines and appliances referred to in paragraph (a) of that subsection in respect of—

(a)the supply of any drug, medicine or appliance for a patient who is for the time being resident in hospital, or

(b)the supply of any drug or medicine for the treatment of venereal disease, or

(c)the supply of any appliance for a person who is under 16 years of age or is undergoing full-time education in a school, or

(d)the replacement or repair of any appliance in consequence of a defect in the appliance as supplied,

and regulations may provide for the remission or repayment of any charge payable under paragraph (a) of section 69(1) in such other cases as may be prescribed.

(2)Regulations made under section 69(1) in relation to the pharmaceutical services referred to in paragraph (b) of that subsection may provide for the remission or repayment of the charges made by those regulations in the case of such persons as may be prescribed.

Regulations under section 70—charges for dental or optical appliances

2(1)The dental and optical appliances mentioned in the first column below, and the charges mentioned in the second column, are the appliances and charges referred to in section 70(1).

ApplianceCharge
The dentures described in regulations made under section 70(1) and this paragraph.The amount or the maximum amount prescribed by regulations made under section 70(1) and this paragraph.
Glasses other than children's glasses—
(a) The lenses described in regulations made under section 70(1) and this paragraph.The amount or the maximum amount prescribed by regulations made under section 70(1) and this paragraph.
(b) Frames.The current specified cost

In this sub-paragraph—

  • " children's glasses " means glasses for which a standard type of children's frame as described in the Statement referred to below is used and which are supplied for a person who was, at the time of the examination or testing of sight leading to the supply of the glasses or of the first such examination or testing, under 16 years of age or receiving full-time education in a school, and

  • " current specified cost ", in relation to frames supplied under Part II, means the sum specified in the Statement as the sum payable for frames of that description by the person to whom they are supplied, and in relation to frames supplied under this Act otherwise than under Part II means a sum equal to the sum so specified, or in the case of frames of a description for which no sum is so specified, such sum as may be determined by or in accordance with directions given by the Secretary of State,

and for the purposes of this provision " the Statement" means the Statement published by the Secretary of State pursuant to the provisions of regulation 10 of the [S.I. 1974/507.] National Health Service (General Ophthalmic Services) (Scotland) Regulations 1974 or any corresponding regulation for the time being in force.

(2)Regulations may—

(a)vary the amount or maximum amount of any charge authorised by section 70(1) for any dental or optical appliance, and this power includes power to direct that the charge shall not be payable; or

(b)vary the descriptions of appliances for which any such charge is authorised;

and regulations made for the purposes of section 70(1) may be made so as to take effect—

(i)in the case of appliances supplied under this Act otherwise than under Part II, where the examination or testing of sight (otherwise than under that Part) leading to the supply of those appliances, or the first such examination or testing takes place on or after the date on which the regulations come into force;

(ii)in the case of dental appliances supplied under Part II, where the contract or arrangement between the person by whom and the person to whom the appliances are supplied is made on or after that date;

(iii)in the case of optical appliances supplied under Part II, where the testing of sight leading to the supply of those appliances, or the first such testing, takes place on or after that date.

(3)No charge shall be made under section 70(1) in respect of any appliance supplied otherwise than under Part II to a patient for the time being resident in a hospital.

(4)No charge shall be made under section 70(1) in respect of the supply of a dental appliance if at the relevant time the person for whom that appliance was supplied—

(a)was under 16 years of age or was receiving full-time education in a school; or

(b)was an expectant mother or had borne a child within the previous 12 months.

(5)No charge shall be made under section 70(1) for the supply under this Act of lenses for any glasses if—

(a)the person for whom the glasses are supplied was at the relevant time of the age of 10 or more and either under the age of 16 or receiving full-time education in a school; and

(b)the frames of the glasses are of any description specified in the Statement referred to in sub-paragraph (1) or any corresponding regulation for the time being in force.

(6)Regulations made with respect to any exemption under sub-paragraph (4) or sub-paragraph (5) may provide that it shall be a condition of the exemption that such declaration is made in such form and manner, or such certificate or other evidence is supplied in such form and manner, as may be prescribed.

(7)In sub-paragraphs (4) and (5), " the relevant time " means—

(a)in relation to a dental appliance supplied otherwise than under Part II, or to an optical appliance supplied under this Act, the time of the examination or testing of sight leading to the supply of the appliance, or the first such examination or testing;

(b)in relation to a dental appliance supplied under Part II, the time of the making of the contract or arrangement in pursuance of which the appliance is supplied.

(8)References in section 70 and in this paragraph to the supply of appliances shall be construed as including references to their replacement, but no charge shall be made under those provisions in respect of the replacement of dentures or lenses if the replacement is required in consequence of loss or damage.

Regulations under section 71—charges for dental treatment

3(1)The amount of the charge payable under section 71(1) in respect of services provided in pursuance of any contract or arrangement shall be (subject to sub-paragraph (3)) the current authorised fee for all services so provided in respect of which a charge is payable under that section or a prescribed sum, whichever is the less.

In this sub-paragraph " current authorised fee ", in relation to any services, means the fee authorised in accordance with regulations for the time being in force under this Act as the fee payable to the practitioner in respect of those services, but does not include—

(a)any fee so authorised in respect of a visit to a patient by a practitioner; or

(b)any fee or part of a fee payable by the patient in pursuance of regulations under—

(i)section 71(2);

(ii)section 73, in relation to paragraph (b) of that section ;

(iii)section 74, in relation to paragraph (b) of that section.

(2)Regulations may vary the amount or the maximum amount of any charge authorised by section 71(1), and this power includes power to direct that the charge shall not be payable.

(3)Where any services in respect of which a charge is payable under section 70 are provided in pursuance of the contract or arrangement, the charges payable under that section and section 71(1) in respect of all services provided in pursuance of the contract or arrangement shall not exceed a prescribed sum in the aggregate.

(4)No charge shall be made under section 71(1) in respect of services provided for any person who, on the date of the contract or arrangement for the services—

(a)was under 21 years of age (other than for services in respect of the relining of a denture or the addition of teeth, bands or wires to a denture),

(b)was under 16 years of age or was receiving full-time education in a school,

(c)was an expectant mother or had borne a child within the previous 12 months,

if (in any such case) a declaration to that effect is made by or on behalf of that person in such form and manner as may be prescribed.

(5)Regulations under section 71(1), in relation to—

(a)the persons described in paragraphs (b) and (c) of sub-paragraph (4), and

(b)any exemption in respect of the relining of a denture or the addition of teeth, bands or wires to a denture,

may provide that it shall be a condition of the exemption that such declaration is made in such form and manner, or such certificate or other evidence is supplied in such form and manner, as may be prescribed.

Miscellaneous Provisions

4For the purposes of section 39(2) (which provides for the Secretary of State to arrange for the free medical treatment of certain pupils) any charge made in pursuance of regulations under this Act in respect of the supply of drugs, medicines or appliances shall be disregarded.

5Regulations may provide for the remission or repayment of any charges which, in pursuance of section 70(1) or section 71(1), are payable apart from this paragraph by a person whose income as calculated in accordance with regulations is at less than the prescribed rate, in respect of the supply or replacement of dental or optical appliances or in respect of services provided as part of the general dental services.

6For the purposes of sections 69 and 70 and of this Schedule, a bridge, whether fixed or removable, which takes the place of any teeth shall be deemed to be a denture having that number of teeth ; and the reference in paragraph (a) of section 71(1) to appliances described in paragraph 2(1) of this Schedule shall be construed accordingly.

Section 76.

SCHEDULE 12Inquiries

1The Secretary of State shall appoint a person to hold the inquiry and to report thereon to him.

2The Secretary of State or the person appointed to hold the inquiry shall send to any person who appears to them to be interested, notification of the time when and the place where the inquiry is to be held.

3The person appointed to hold the inquiry may by notice require any person—

(a)to attend at the time and place set forth in the notice, to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry ; or

(b)to furnish within such reasonable period as is specified in the notice such information relating to any matter in question at the inquiry as the person appointed to hold the inquiry may think fit, and as the person so required is able to furnish ; but—

(i)no person shall be required in obedience to such a notice to attend at any place which is more than 10 miles from the place where he resides unless the necessary expenses are paid or tendered to him ; and

(ii)nothing in this paragraph shall empower the person appointed to hold the inquiry to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.

4The person appointed to hold the inquiry may administer oaths and examine witnesses on oath, and may accept in lieu of evidence on oath by any person a statement in writing by that person.

5Any person who refuses or wilfully neglects to attend in obedience to a notice under paragraph 3, or to give evidence, or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or document which he may be required by any such notice to produce, or who refuses or wilfully neglects to furnish any information which he is required to furnish under sub-paragraph (b) of paragraph 3, shall be liable on summary conviction to a fine not exceeding £20 or to imprisonment for a period not exceeding 3 months.

6The expenses incurred by the Secretary of State in relation to any inquiry held under this Act (including a reasonable sum for the services of any officer engaged in the inquiry) shall be paid by such of the parties to the inquiry in such proportions as the Secretary of State may order.

7The Secretary of State may make orders as to the expenses incurred by the parties appearing at any such inquiry and as to the parties by whom such expenses shall be paid.

8Any order by the Secretary of State under paragraph 6 or paragraph 7 may be enforced in like manner as a recorded decree arbitral.

Section 79.

SCHEDULE 13Acquisition of Property Other than Land

1Where under this Act, 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 tine property proposed to be acquired and specifying the time within which and the manner in which any objection to such acquisition may be made.

2If any objection is duly made the Secretary of State shall afford to the said owner an opportunity of appearing before, and being heard by, a person appointed by him for the purpose; and after considering any such objection and the report of the person so appointed by him, the Secretary of State shall either withdraw the notice aforesaid or serve upon the owner a notice confirming that notice.

3The property with respect to which a notice is served under paragraph 1 and is not withdrawn shall—

(a)if no objection is duly made to the notice, vest in the Secretary of State at the expiration of the time for making such an objection;

(b)if such an objection is duly made and the notice is confirmed by a notice served under paragraph 2, vest in the Secretary of State on the service of the last mentioned notice;

and shall in each case vest free of any pledge, lien or right in security.

4Where any property is acquired in accordance with this Schedule there shall be paid by way of compensation to the owner of the property concerned a sum equal to the price which he might reasonably have been expected to have obtained upon a sale of the property effected by him immediately before the acquisition of the property by the Secretary of State; and any dispute as to the amount of such compensation shall be determined by arbitration; and the compensation shall accrue due at the time when the property vested in the Secretary of State.

5Where property in respect of which compensation is payable as aforesaid was, immediately before the acquisition thereof by the Secretary of State, in the possession of some person by virtue of a hire purchase agreement, that person may, by a notice served on the Secretary of State, make a claim to have apportioned to him such part of the compensation as may be specified in his claim; and in default of agreement between the parties the claim shall be determined by arbitration, and the arbiter may apportion the compensation between the owner and the other person in such manner as appears to him to be just.

6Any such compensation shall carry interest, as from the time when it accrues due until payment, at such rate as- the Treasury may from time to time by order prescribe.

7Where any sum by way of compensation is paid in accordance with this Schedule in respect of any property and, at the time when the compensation accrues due, the property is subject to any pledge, hen or right in security, the sum so paid shall be deemed to be subject to that pledge, hen or right.

Section 93.

SCHEDULE 14Action not subject to investigation by the Commissioner

1Action taken by medical practitioners, denial practitioners, ophthalmic or dispensing opticians or pharmacists in pursuance of their contracts with Health Boards under Part II or with Executive Councils under Part IV of the [1947 c. 27.] National Health Service (Scotland) Act 1947.

2Action taken in connection with the diagnosis of illness or disease or the care or treatment of a patient, being action which, in the opinion of the Commissioner, was taken solely in the exercise of clinical judgment, whether formed by the person taking the action or by any other person.

3Action taken by a Health Board or an Executive Council in the exercise of functions under—

(a)the [S.I. 1974/504.] National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1974, or

(b)the [S.I. 1972/828.] National Health Service (Joint Ophthalmic Services Committees) (Scotland) Regulations 1972, or

(c)any regulations or order amending or replacing those regulations or that order, or

(d)any regulations revoked by any of the regulations mentioned in paragraphs (a) and (c).

4Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to service under this Act or any Act relating to the National Health Service repealed by this Act.

5Action taken in matters relating to contractual or other commercial transactions other than in matters arising from arrangements between a body subject to investigation and an authority or body outwith the health service for the provision of services to patients by that authority or body.

6Action which has been or is the subject of an inquiry under section 69 of the [1947 c. 27.] National Health Service (Scotland) Act 1947 or section 76 of this Act.

7Action in relation to which the protective functions of the Mental Welfare Commission have been, are being or may be exercised under the [1960 c. 61.] Mental Health (Scotland) Act 1960.

Section 109.

SCHEDULE 15Transitional Provisions and Savings

General

1(1)In so far as—

(a)any agreement, appointment, apportionment, authorisation, determination, scheme, instrument, order or regulation made by virtue of an enactment repealed by this Act, or

(b)any approval, consent, direction, or notice given by virtue of such an enactment, or

(c)any complaint made or investigation begun by virtue of such an enactment, or

(d)any other proceedings begun by virtue of such an enactment, or

(e)anything done or having effect as if done,

could, if a corresponding enactment in this Act were in force at the relevant time, have been made, given, begun or done by virtue of the corresponding enactment, it shall, if effective immediately before the corresponding enactment comes into force, continue to have effect thereafter as if made, given, begun or done by virtue of that corresponding enactment.

(2)Where—

(a)there is any reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or to a thing omitted, or to an event which has occurred, under or for the purposes of or by reference to or in contravention of any provisions of this Act, then,

(b)that reference shall be construed (subject to its context) as including a reference to the corresponding thing done or required or authorised to be done, or omitted, or to the corresponding event which occurred, as the case may be, under or for the purposes of or by reference to or in contravention of any of the corresponding provisions of the repealed enactments.

2Where any enactment passed before the commencement of this Act, or any instrument or document, refers either expressly or by implication to an enactment repealed by this Act, the reference shall (subject to its context) be construed as or as including a reference to the corresponding provision of this Act.

3Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act has effect as if its corresponding provision had been in force when that period began to run.

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

4Notwithstanding the repeal by this Act of section 37 of the [1947 c. 27.] National Health Service (Scotland) Act 1947 (compensation for loss of right to sell a medical practice) that section shall continue to have such effect as may be necessary for the purposes of sections 1 to 7 of the [1949 c. 93.] National Health Service (Amendment) Act 1949.

The saving made by this paragraph applies to section 51 of the [1973 c. 32.] National Health Service Reorganisation Act 1973 (which amended section 37 of the National Health Service (Scotland) Act 1947), and to any regulations made under that section 37 which were in force immediately before the coming into force of this Act.

Persons authorised to provide pharmaceutical services

5A person who for three years immediately before 16th December 1911 acted as a dispenser to a medical practitioner or a public institution is in the same position in relation to the undertaking referred to in section 28(2) regarding the dispensing of medicines as a registered pharmacist.

Disqualification of practitioners

6Where by virtue of section 43(8) of the National Health Service (Scotland) Act 1947 a person's name was disqualified for inclusion in any list referred to in section 43(1) of that Act, that person's name is disqualified for inclusion in any list referred to in section 29(1), until such time as the Tribunal or the Secretary of State directs to the contrary.

Section 4 of the Health Services and Public Health Act 1968

7An undertaking given before the coming into force of section 4(1) of the Health Services and Public Health Act 1968 in respect of payment under section 4 of the National Health Service (Scotland) Act 1947 (accommodation available on part payment) continues to have the same effect as it had immediately before the coming into force of this Act.

Compensation of officers

8Notwithstanding the repeal by the [1972 c. 58.] National Health Service (Scotland) Act 1972 of section 67 of the said Act of 1947, regulations made under paragraphs (c) to (e) of subsection (1) of that section shall continue to have effect until revoked by regulations under this Act.

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

9The provision of vehicles as mentioned in section 33 of the [1968 c. 46.] Health Services and Public Health Act 1968, and the taking of any such action as is mentioned in subsection (2) of that section, shall for the purposes of the [1947 c. 27.] National Health Service (Scotland) Act 1947 be treated as having been included among hospital and specialist services provided under Part II of that Act of 1947 as from its commencement.

Saving of amendments

10Notwithstanding the repeal by this Act of sections 53 and 74 and Part I of Schedule 11 to the National Health Service (Scotland) Act 1947, and section 64(1) and Schedule 6 to the National Health Service (Scotland) Act 1972 and section 57(1) and Schedule 4 to the [1973 c. 32.] National Health Service Reorganisation Act 1973—

(a)the amendments made by Part I of Schedule 11 to that Act of 1947 to the [1897 c. 38.] Public Health (Scotland) Act 1897, and

(b)the amendments made by section 53 and paragraphs 37 to 77, 82, 83(a), 84 to 93, 94(b), 95 to 97, 101, 102, 104 to 107(a), 108 to 115, 117, 119 to 122, 126, 127, 129, 135(a) to (c), 136(6), 138 to 140, 150, 152(b), 154 to 156A of Schedule 6 to that Act of 1972, and

(c)the amendments made by paragraphs 49, 69(2), 82, 96, 102, 106, 109, 123, 128, 130, 133, 134, 140 and 141 of Schedule 4 to that Act of 1973,

shall continue to have the same effect as they had immediately before the coming into force of this Act, subject to any amendments made under this Act.

Transfer of property of voluntary organisations

11Notwithstanding the repeal by this Act of section 23(2) of the [1949 c. 93.] National Health Service (Amendment) Act 1949, section 23(1) of that Act shall be deemed to have had effect as from 5th July 1948.

Investigations by the Health Service Commissioner for Scotland

12Notwithstanding the dissolution by the National Health Service (Scotland) Act 1972 of any body subject to investigation by the Commissioner under Part VII of that Act, the Commissioner may in accordance with Part VI, commence an investigation under that Part in relation to such a body provided that the time limits mentioned in section 94(3) are observed.

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

13Where under any arrangements terminated by virtue of section 9(5) of the [1976 c. 83.] Health Services Act 1976—

(a)a person was deemed to have been granted under that section permission to use accommodation and facilities to tile same extent and for the same purposes as were covered by those arrangements, then

(b)that person shall be deemed to have been granted under section 64 of the like permission (and the provisions of that section shall apply accordingly).

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

14Notwithstanding the repeal by this Act of the provisions of section 6(2) and (3) of the [1971 c. 8.] Hospital Endowments (Scotland) Act 1971 relating to borrowings from relevant endowments by Boards of Management and Regional Hospital Boards, regulations made under that section shall continue to have effect until revoked by regulations under this Act.

Health functions of local authorities

15Notwithstanding the repeal by this Act of section 27 of the [1947 c. 27.] National Health Service (Scotland) Act 1947 (functions of local authorities relating to the prevention of illness, care and after-care), that section shall continue to have the same effect for the purposes of section 1(4) of the [1968 c. 49.] Social Work (Scotland) Act 1968 as it had immediately before the coming into force of this Act.

SCHEDULE 16Consequential Amendments of Enactments

The [1947 c. 19.] Polish Resettlement Act 1947

1In section 11(3)(b) (application to Scotland), for the words " the National Health Service (Scotland) Acts 1947 to 1972" substitute the words " the National Health Service (Scotland) Act 1978 ".

The [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

2In section 1(1)(d) (compulsory purchase of land by the Secretary of State), for the words " 58 of the National Health Service (Scotland) Act 1972 " substitute the words " 79 of the National Health Service (Scotland) Act 1978 ".

The [1948 c. 29.] National Assistance Act 1948

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

(a)in subsection (8), for the words " Acts 1947 to 1972 " substitute the words " Act 1978 ";

(b)in subsection (10), for the words "section sixteen of the National Health Service (Scotland) Act 1947" substitute the words " section 45 of the National Health Service (Scotland) Act 1978 " and for the word " sixteen " substitute the word " 45 ".

(2)In section 64 (interpretation), in the definition of " hospital", for the words " eighty " and " 1947 " substitute the words " 108 " and " 1978 " respectively ;

(3)In Schedule 6, in paragraph 9(3)(c), for the words " sixty-seven and eighty " and " 1947 " substitute the words " 108 and paragraph 8 of Schedule 15 " and " 1978 " respectively.

The [1948 c. 41.] Law Reform (Personal Injuries) Act 1948

4In section 2(4) (measure of damages), for the words " National Health Service (Scotland) Act 1947 " substitute the words " National Health Service (Scotland) Act 1978 ".

The [1948 c. 43.] Children Act 1948

5In section 59(1) (interpretation), in the definition of "hospital for the words " section eighty of the National Health Service (Scotland) Act 1947 " substitute the words " section 108(1) of the National Health Service (Scotland) Act 1978 ".

The [1948 c. 53.] Nurseries and Child Minders Regulation Act 1948

6In section 13(2) (interpretation), in the definition of " hospital", for the words " section eighty of the National Health Service (Scotland) Act 1948 " substitute the words " section 108(1) of the National Health Service (Scotland) Act 1978 ".

The [1951 c. 55.] Nurses (Scotland) Act 1951

7In section 22 (expenditure of training nurses), in subsection (1), for the words " section 60 of the National Health Service (Scotland) Act 1972 " substitute the words " section 85 of the National Health Service (Scotland) Act 1978 ".

The [1951 c. 65.] Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

8In Schedule 2 (relevant service), in item 15, for the words " Acts 1947 to 1972 " substitute the words " Act 1978 ".

The [1956 c. 76.] Medical Act 1956

9(1)In section 16(1) (employment in health centres), for the words " section 2 of the National Health Service (Scotland) Act 1972" substitute the words " section 36 of the National Health Service (Scotland) Act 1978 ".

(2)In paragraph (a) of subsection (2) of that section, for the words "Part IV of the National Health Service (Scotland) Act 1947" substitute the words " Part II of the National Health Service (Scotland) Act 1978 ".

The [1957 c. 28.] Dentists Act 1957

10In section 42(4) (restrictions on employment of ancillary dental workers), for the words " sections 2, 5 or 6 of the National Health Service (Scotland) Act 1972 " substitute the words " sections 36, 38 or 39 of the National Health Service (Scotland) Act 1978 ".

The [1958 c. 32.] Opticians Act 1958

11(1)In section 21(2) (restrictions on supply and sale and supply of optical appliances), in paragraph (b) for the words " Part IV of the National Health Service (Scotland) Act 1947, the National Health Service (Scotland) Act 1972" substitute the words " National Health Service (Scotland) Act 1978 ".

(2)In section 30(1) (interpretation)—

(a)in the definition of " health service ophthalmic list"—

(i)for the word " supplementary " where it first occurs substitute the word " general ";

(ii)for the words "section forty-two of the National Health Service (Scotland) Act 1947 " substitute the words " section 26 of the National Health Service (Scotland) Act 1978 ";

(b)in the definition of " health service tribunal" for the words " Eighth Schedule to the said Act of 1947 " substitute the words " Schedule 8 to the said Act of 1978 ".

The [1960 c. 61.] Mental Health (Scotland) Act 1960

12In section 27 (medical recommendations), in paragraph (c), for the words " section 1 or 2 of the Health Services and Public Health Act 1968 " substitute the words " section 57 or 58 of the National Health Service (Scotland) Act 1978 ".

13(1)In section 101(2) (pocket money for patients), for the words "Acts 1947 to 1972" substitute the words " Act 1978 " and for the words " those Acts " substitute the words " that Act ".

(2)In section 111 (interpretation), in the definition of "hospital", for the words " 1947 " substitute the words " 1978 ".

The [1960 c. 67.] Public Bodies (Admission to Meetings) Act 1960

14In paragraph (2) of the Schedule (bodies to which Act applies), in sub-paragraph (d), for the words " 1972" substitute the words " 1978 ".

The [1962 c. 47.] Education (Scotland) Act 1962

15In section 57 (regulations as to medical and dental examination and inspection), for the words " section 6 of the National Health Service (Scotland) Act 1972 " substitute the words " section 39 of the National Health Service (Scotland) Act 1978 ".

16In section 58(2) (medical inspection of pupils and young persons), for the words " section 6 of the National Health Service (Scotland) Act 1972 " substitute the words " section 39 of the National Health Service (Scotland) Act 1978 ".

17In section 58A(2) (dental inspection of pupils and young persons), for the words " section 6 of the National Health Service (Scotland) Act 1972" substitute the words " section 39 of the National Health Service (Scotland) Act 1978 ".

18In section 145(22A) (interpretation), for the words "section 13" and "1972" substitute the words " section 2 " and " 1978" respectively.

The [1964 c. 60.] Emergency Laws (Re-enactments and Repeals) Act 1964

19In section 15 (interpretation), for the words " 1947 to 1972 " substitute the words " 1978 ".

The [1965 c. 62.] Redundancy Payments Act 1965

20In Schedule 3 (National Health Service Employers), in paragraph 7, for the words " section 13(8) of the National Health Service (Scotland) Act 1972" substitute the words " section 2(11) of the National Health Service (Scotland) Act 1978 ".

The [1966 c. 8.] National Health Service Act 1966

21In section 2(1), for the words " 1947 " substitute the words " 1978 ".

22In section 10—

(a)in subsection (1), for the words " Part IV" and " 1947 " substitute the words " Part II " and " 1978 " respectively, and for the words "44" substitute the words " 33 ";

(b)for subsection (3) substitute the words—

(3)Section 19(3) of the National Health Service (Scotland) Act 1978 shall cease to have effect on the coming into operation of this section..

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

The [1967 c. 28.] Superannuation (Miscellaneous Provisions) Act 1967

24In section 7(5) (superannuation provisions of the National Health Service Acts), for the words " Acts 1947 to 1972 " substitute the words " Act 1978 ".

The [1967 c. 87.] Abortion Act 1967

25In section 6 (interpretation), for the words " National Health Service (Scotland) Acts 1947 to 1966 " substitute the words " National Health Service (Scotland) Act 1978 ".

The [1968 c. 46.] Health Services and Public Health Act 1968

26(1)In section 59(2) (extension of power), for the words " IV " and " 1947 " substitute the words " II " and " 1978 " respectively.

(2)In section 63 (provision of instruction for employees)—

(a)in subsection (2)(d), for the words " IV " and " 1947 " substitute the words " II " and " 1978 " respectively ;

(b)in subsection (8), in paragraph (b) of the definition of " the relevant enactments", for the words " section 6 of the National Health Service (Scotland) Act 1972" substitute the words " section 39 of the National Health Service (Scotland) Act 1978 ".

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

(a)in subsection (4)(a), for the words " 1972" substitute the words " 1978 ";

(b)in subsection (4)(b), for the words " IV " and " 1947 " substitute the words " II " and " 1978 ".

28In section 65(6) (assistance by local authorities to voluntary organisations), in paragraph (c) of the substituted subsection (2B), for the words " 1947 to 1972 " substitute the words " 1978 ".

The [1968 c. 49.] Social Work (Scotland) Act 1968

29(1)In section 60(1)(f) (control of certain establishments), for the words " 1947 or the National Health Service (Scotland) Act 1972 " substitute the words " 1978 ".

(2)In section 86(3) for the words " Part II of the National Health Service (Scotland) Act 1947 " substitute the words " Part II of the National Health Service (Scotland) Act 1978 ".

(3)In section 94(1), in the definition of " hospital", for the words " 1947 " substitute the words " 1978 ".

The [1968 c. 67.] Medicines Act 1968

30In section 131(5) (meaning of certain expressions), for the words " Acts 1947 to 1972 " substitute the words " Act 1978 ".

31In section 132(1) (interpretation), in the definition of " health centre", for the words "section 2 of the National Health Service (Scotland) Act 1972 " substitute the words " section 36 of the National Health Service (Scotland) Act 1978 ".

The [1969 c. 48.] Post Office Act 1969

32In section 86(1) (interpretation), in paragraph (b) of the definition of " national health service authority ", for the words " 1972 " substitute the words " 1978 ".

The [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970

33In section 17(1) (separation of younger from older patients), for the words " 1972 " substitute the words " 1978 ".

The [1971 c. 10.] Vehicles and Excise Act 1971

34In section 7(2) (miscellaneous exemptions from duty), in paragraph (b), for the words " section 33(3) of the Health Services and Public Health Act 1968 " substitute the words " section 46(3) of the National Health Service (Scotland) Act 1978 ".

The [1971 c. 62.] Tribunals and Inquiries Act 1971

35In paragraph 41 of Part II of Schedule 1 (tribunals supervised by Scottish Committee),—

(a)in sub-paragraph (a), for the words " 13 of the National Health Service (Scotland) Act 1972" substitute the words " 2 of the National Health Service (Scotland) Act 1978 ";

(b)in sub-paragraph (b), for the words "section 43 of the National Health Service (Scotland) Act 1947 (c.27)" substitute the words " section 29 of the National Health Service (Scotland) Act 1978 ";

(c)in sub-paragraph (c), for the words "Acts 1947 to 1972"substitute the words " Act 1978 ".

The [1971 c. 68.] Finance Act 1971

36In Schedule 13 (health service agreement) in paragraph 1(1) for the words " 1947 " substitute the words " 1978 ".

The [1972 c. 41.] Finance Act 1972

37In section 70 (disabled person's vehicle maintenance grant), for the words " section 33(3) of the Health Services and Public Health Act 1968 " substitute the words " section 46(3) of the National Health Service (Scotland) Act 1978 ".

The [1973 c. 65.] Local Government (Scotland) Act 1973

38In section 197 (inspection of documents) for the words " 1972 " substitute the words " 1978 ".

The [1974 c. 52.] Trade Union and Labour Relations Act 1974

39In section 30(2) (interpretation), in paragraph (a), for the words " section 34, section 39, section 40 or section 42 of the National Health Service (Scotland) Act 1947 " substitute the words " sections 19, 25, 26 and 27 of the National Health Service (Scotland) Act 1978 ".

The [1975 c. 14.] Social Security Act 1975

40In section 37A(6) (mobility allowance), in paragraph (a) for the words " section 33 of the Health Services and Public Health Act 1968" substitute the words " section 46 of the National Health Service (Scotland) Act 1978 ".

The [1975 c. 21.] Criminal Procedure (Scotland) Act 1975

41In section 462 (interpretation), in the definition of " hospital ", for the words " 1947 " substitute the words " 1978 ".

The [1975 c. 24.] House of Commons Disqualification Act 1975

42In Schedule 1 in Part II (bodies of which all members are disqualified), in the entry relating to the Medical Practices Committee for the words " section 35 of the National Health Service (Scotland) Act 1947 " substitute the words " section 3 of the National Health Service (Scotland) Act 1978 ".

The [1976 c. 83.] Health Services Act 1976

43In section 23 (interpretation), in the definition of "the National Health Service Acts", for the words " 1947 to 1973" substitute the words " 1978 ".

The [1977 c. 5.] Social Security (Miscellaneous Provisions) Act 1977

44In section 13(3), in paragraph (a), for the words " section 33 of the Health Services and Public Health Act 1968 " substitute the words " section 46 of the National Health Service (Scotland) Act 1978 ".

The [1977 c. 37.] Patents Act 1977

45In section 56(4), in paragraph (a), for the words " Part IV of the National Health Service (Scotland) Act 1947" substitute the words " Part II of the National Health Service (Scotland) Act 1978 ".

SCHEDULE 17Repeals

ChapterShort TitleExtent of Repeal
10 & 11 Geo. 6. c. 27.The National Health Service (Scotland) Act 1947.The whole Act.
12, 13 & 14 Geo. 6. c. 93.The National Health Service (Amendment) Act 1949.Section 8.
Sections 10 and 11.
Sections 14 to 18.
Sections 20(1), (3) and 21.
Sections 23 and 28.
In section 32(1), the words " and this Act" where they second occur to " 1947 and 1949 ".
In the Schedule, Part II.
14 & 15 Geo. 6. c. 31.The National Health Service Act 1951.The whole Act.
15 & 16 Geo. 6 & 1 Eliz. 2. c. 25.The National Health Service Act 1952.The whole Act.
1 & 2 Eliz. 2. c. 41.The Hospital Endowments (Scotland) Act 1953.The whole Act.
9 & 10 Eliz. 2. c. 19.The National Health Service Act 1961.The whole Act.
1964 c. 60.The Emergency Laws (Re-enactments and Repeals) Act 1964.Section 5.
In section 15, the words " the National Health Service (Scotland) Acts 1947 to 1972 ".
1966 c. 8.The National Health Service Act 1966.In section 12(2), from the words " so far as " where they second occur to the end.
1968 c. 46.The Health Services and Public Health Act 1968.Part I.
In section 63(8), in paragraph (b) of " the relevant enactments ", the words " the 1947 Act".
In section 64(4), in the substituted paragraph (a), the words " the National Health Service (Scotland) Act 1947. "
In section 79(1), from the words " and the " where they second occur to the words " 1947 to 1968 ".
In Schedule 2, Part II.
In Schedule 3, Part I.
1968 c. 67.The Medicines Act 1968.In Schedule 5, paragraph 12.
1971 c. 8.The Hospital Endowments (Scotland) Act 1971.The whole Act.
1972 c. 58.The National Health Service (Scotland) Act 1972.The whole Act except sections 24(2), 26 to 28, 32 to 36, 52, 53, 61(1)-(3), and Schedule 4.
1973 c. 32.The National Health Service Reorganisation Act 1973.The whole Act.
1976 c. 48.The Parliamentary and other Pensions and Salaries Act 1976.Section 7.
1976 c. 59.The National Health Service (Vocational Training) Act 1976.The whole Act.
1976 c. 83.The Health Services Act 1976.Section 2.
Sections 4 and 5.
Sections 7 to 11.

In section 23—

(a)

in subsection (1), the definitions of "the 1947 Act" and "the National Health Service Acts ";

(b)

subsections (3) and (4).

In Schedule 1, Part VI.
Schedule 3.
In Schedule 4, Part II.

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