Part 2

Promotion of health improvement

Duty to promote health improvement
9
1
After section 1 of the 1978 Act insert—

Duty of the Scottish Ministers to promote health improvement
1A
1
It is the duty of the Scottish Ministers to promote the improvement of the physical and mental health of the people of Scotland.
2
The Scottish Ministers may do anything which they consider is likely to assist in discharging that duty including, in particular—
a
giving financial assistance to any person,
b
entering into arrangements or agreements with any person,
c
co-operating with, or facilitating or co-ordinating the activities of, any person.
3
Subsections (1) and (2) are without prejudice to section 1 and any other provision of this Act conferring or imposing functions on the Scottish Ministers.
2
After section 2 of that Act insert—

Duty of Health Board, Special Health Board and the Agency to promote health improvement
2A
1
It is the duty of every Health Board and Special Health Board and of the Agency to promote the improvement of the physical and mental health of the people of Scotland.
2
A Health Board, a Special Health Board or the Agency may do anything which they consider is likely to assist in discharging that duty including, in particular—
a
giving financial assistance to any person,
b
entering into arrangements or agreements with any person,
c
co-operating with, or facilitating or co-ordinating the activities of, any person.
3
Subsections (1) and (2) are without prejudice to any other provision of this Act conferring or imposing functions on a Health Board, a Special Health Board or the Agency.
4
Anything done by a Health Board or Special Health Board in pursuance of subsection (1) or (2) is to be regarded as done in exercise of functions of the Scottish Ministers conferred on—
a
the Health Board by the order under section 2(1)(a) which constituted the Board, or
b
the Special Health Board by the order under section 2(1)(b) which constituted the Board,
as the case may be.
S. 9 in force at 1.1.2005 by S.S.I. 2004/361, art. 2(c)