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The State Hospitals Board for Scotland Order 1995

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PART IThe Act

Column 1Column 2Column 3
EnactmentNature of ProvisionModifications and Limitations (where applicable)
In the Act—
In Part I
In Section 2—Health Boards
Subsection (3)Variation of area and functions of Health Board
Subsection (4)Provisions incidental to variation of area or functions of Health Boards
Subsection (5)Health Boards to act in accordance with regulations or directions(1)
Subsection (8)Health Board to act as principal
In Section 10—Common Services Agency
Subsection (4)Power to provide that functions of Health Boards may be referred to the Agency(2)
Section 13Co-operation between Health Boards and other Authorities(3)
In section 15—
Subsection (1)(b)Supply of goods to local and education authorities and other public bodies
Subsection (1)(c)Provision of services to local and education authorities(4)
Subsection (1)(d)Use of health service premises by local and education authorities
Subsection (1)(e)Use of health service vehicles etc. by local and education authorities
Subsection (2)Arrangements with third parties for the supply of goods and materialsApplied so far as it relates to subsection (1)(b).
Section 16APower to make payments to local authority towards expenditure for social work, educational or housing functions(5)
Section 17APower to enter into arrangements with NHS bodies for the provision of goods and services (“NHS contracts”)(6)
In Part IV
Section 77Default powers(7)
In Part V
In Section 79—
Subsection (1A)Power of Secretary of State to dispose of land and, where he has delegated any function relating to the acquisition, management or disposal of land, power to authorise any officer of a Health Board to execute any instrument on his behalf
Subsection (3)Power to acquire moveable property on behalf of the Secretary of State
In section 83—
Subsection (1)Power to hold property on trust
Section 84Power to trustees to make payments to Health Boards(8)
Section 84APower to raise money and property by appeals, collections and other similar activities(9)
In section 85—
Subsection (1)Payment of expenses of certain bodies(10)
Subsection (2A)Power to make directions to bodies listed in subsection (1)(11)
In section 85A—
Subsection (1)Duty of bodies referred to in section 85(1) as regards expenditure(12)
Subsection (3)Power to make directions in relation to duty under subsection (1)
Subsection (4)Disregard for the purposes of the section of certain trust funds
Section 85BPower to make provision for meeting losses and liabilities etc. of certain health service bodies(13)
Section 86Provisions in relation to the keeping and auditing of accounts, to their submission to the Secretary of State(14)
Section 87Power to make regulations as to financial arrangements of health service bodies
In Part VIII—
Section 101Protection of Health Boards(15)
In Schedule 1—Health Boards
Paragraph 1Health Boards to be bodies corporate and have a common seal
Paragraph 2Appointment of Chairman and members
Paragraph 4Payment of remuneration to the Chairman and such members of Health Boards as may be prescribed(16)
Paragraph 5Employment of officers and servants(17)
Paragraph 6Power to make regulations as to method of appointment, qualifications, remuneration and conditions of service of officers and servants
Paragraph 7Officers and servants employed in accordance with regulations and directions(18)
Paragraph 7APower to make regulations providing for transfer of officers and servants(19)
Paragraph 7BDirections to Health Boards to place officers or servants at disposal of other bodies(20)
Paragraph 9Application of the seal of Health BoardsFor the words “one member” there shall be substituted the words “two members” and the words after “member of the Board” to the end of the paragraph shall be omitted
Paragraph 10Proof of instruments
Paragraph 11Power to make regulations as to appointment, committees and procedure(21)
Paragraph 11ASubscription to funds of other bodies(22)
Paragraph 12Proceedings not to be invalidated by vacancies
Paragraph 13Payment to members of a Health Board, the Committees and sub-committees thereof of travelling and other allowances, including compensation for loss of remunerative timeThe words “, including compensation for loss of remunerative time,” shall be omitted
Paragraph 14Allowances not payable except in circumstances determined by the Secretary of State
Paragraph 15Time and method of payment of allowances
In Schedule 5—Common Services Agency
Paragraph 7BPower to make regulations providing for the transfer of officers and servants(23)
Paragraph 7CPower to make directions as to placing of staff with other bodies(24)
(1)

Section 2(5) was amended by the 1990 Act, Schedule 9, paragraph 19(1).

(2)

Section 10(4) was amended by the 1990 Act, Schedule 10.

(3)

Section 13 was amended by the 1990 Act, Schedule 9, paragraph 19(4).

(4)

Section 15(1)(c) was amended by the 1980 Act, section 3(2).

(5)

Section 16A was inserted by the 1983 Act, section 2 and amended by the Housing (Consequential Provisions) Act 1985 (c. 71), Schedule 2, paragraph 41.

(6)

Section 17A was inserted by the 1990 Act, section 30.

(7)

Section 77 was amended by the 1990 Act, Schedule 9, paragraph 19(14).

(8)

Section 84 was amended by the 1990 Act, Schedule 9, paragraph 19(10).

(9)

Section 84A was inserted by the 1980 Act, section 5(2) and amended by the 1990 Act, Schedule 9, paragraph 19(17).

(10)

Section 85(1) was substituted by the 1980 Act, section 6(3), amended by the Health and Social Security Act 1984 (c. 48), Schedule 8 and by the 1990 Act, Schedule 10.

(11)

Section 85(2A) was inserted by the 1980 Act, section 6(3).

(12)

Section 85A was inserted by the 1980 Act, section 6(4) and amended by the Health and Medicines Act 1988 (c. 49), section 16(4).

(13)

Section 85B was inserted by the 1990 Act, section 41.

(14)

Section 86 was amended by the 1990 Act, section 36(2) to (8).

(15)

Section 101 was amended by the 1990 Act, Schedule 9, paragraph 19(9).

(16)

Paragraph 4 of Schedule was amended by the 1990 Act, Schedule 5, paragraph 3.

(17)

Paragraph 5 was amended by the 1980 Act, Schedule 6, paragraph 7(2) and Schedule 7.

(18)

Paragraph 7 was amended by the 1980 Act, Schedule 6, paragraph 7(3).

(19)

Paragraph 7A was inserted by the 1990 Act, Schedule 5, paragraph 5.

(20)

Paragraph 7B was inserted by the 1990 Act, Schedule 5, paragraph 5.

(21)

Paragraph 11 was amended by the 1980 Act, Schedule 6, paragraph 7(4) and Schedule 7 and by the 1990 Act, Schedule 5, paragraph 7.

(22)

Paragraph 11A was inserted by the 1980 Act, Schedule 6, paragraph 7(5).

(23)

Paragraph 7B was inserted by the 1990 Act, Schedule 5, paragraph 11.

(24)

Paragraph 7C was inserted by the 1990 Act, Schedule 5, paragraph 11.

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