Commentary on Sections
Part 2.Shared Services
Section 63 – Section 62: consequential provision
155.Section 63 amends sections 10 and 15 of the National Health Service (Scotland) Act 1978 (the “1978 Act”) and section 17(2) of the Patient Rights (Scotland) Act 2011 so as to make changes which are necessary in consequence of sections 62 and 71. Subsection (2) adjusts section 10 of the 1978 Act to reflect that the functions of the Common Services Agency are conferred on it by section 62 of the Act as well as by the 1978 Act. Subsection (3)(a) removes references to the Common Services Agency from section 15 of the 1978 Act. The functions formerly conferred on the Agency by that section are replaced by functions conferred on the Agency by section 44 of the Act. Subsection (3)(b) and (c) have the effect that section 15(1)(a) of the 1978 Act continues to apply to the Common Services Agency despite the change made by subsection (2). Subsection (3)(d) repeals section 15(2A)-(2D) of the 1978 Act. Subsection (4) makes a change to section 17(2) of the Patient Rights (Scotland) Act 2011 to insert a reference to “the 1978 Act”. Section 17(1) of the 2011 Act, which includes a similar reference to the 1978 Act, is repealed by section 71(5) of the Act.
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