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