Search Legislation

The Functions of Health Boards (Scotland) Order 1991

 Help about what version

What Version

 Help about opening options

Opening Options

More Resources

Status:

This is the original version (as it was originally made).

Qualifications to the exercise of functions by Health Boards

5.—(1) Notwithstanding the provisions of Article 4(o) of this Order a Health Board shall not, except with the consent of the Secretary of State, exercise powers under section 64 of the Act so as to refuse any application under that section.

(2) In exercising, by virtue of article 4(q) of this order any of the functions conferred upon the Secretary of State by section 79 to acquire, manage or dispose of land, a Health Board shall ensure—

(a)that any instrument in connection with the exercise of those functions is in the name of the Secretary of State for Scotland and not that of the Health Board; and

(b)that, where any such instrument requires to he executed by the Secretary of State for Scotland and it is not executed in accordance with section 1(8) of the Reorganisation of Offices (Scotland) Act 1939(1), it is executed, on his behalf, in accordance with section 79(1A) of the Act.

(3) Nothing in this Order shall be construed as conferring on a Health Board any power to make Regulations, Orders or directions.

(4) Nothing in this Order shall prevent or restrict from exercising any function under the Act—

(a)the Secretary of State;

(b)any other Health Board;

(c)any Special Health Board(2); or

(d)the Agency.

(2)

See section 2(1)(b) as inserted by the 1990 Act, section 28.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources