Explanatory Notes

Public Bodies (Joint Working) (Scotland) Act 2014

2014 asp 9

1 April 2014

Commentary on Sections

Part 3.Health Service: Functions

Section 66 – Scottish Ministers: power to form companies etc.

160.Section 66 amends section 84B of the 1978 Act. Currently, the Scottish Ministers may only form or participate in companies as defined by section 1(1) of the Companies Act 2006, and only for certain limited purposes. The amendments enable the Scottish Ministers to form, participate in, transfer assets to or invest in any type of body corporate. This includes limited liability partnerships and Scottish Charitable Incorporated Organisations. The amendment also allows such bodies corporate to be used for the purpose of management, development or disposal of assets, and permits the Scottish Ministers to prescribe additional purposes for which bodies corporate may be used in the future.

Section 67 – Health Boards: carrying out of functions

161.Section 67 amends the 1978 Act to permit Health Boards to exercise any function of another Health Board where the other Health Board and the Scottish Ministers give their consent.