National Health Service and Community Care Act 1990

Section 27.

SCHEDULE 5 S Health Boards, the Common Services Agency and State Hospitals

Health Boards S

1 S Schedule 1 to the 1978 Act shall be amended in accordance with paragraphs 2 to 7 below.

2 S After paragraph 2 of that Schedule (membership of Health Boards) there shall be inserted the following paragraph—

“2A In the case of a prescribed Health Board at least one of the persons appointed under paragraph 2 above must hold a post in a university with a medical or dental school.”

3 S In paragraph 4 of that Schedule (remuneration), after the words “Health Board” there shall be inserted “and to such other members of a Health Board as may be prescribed”.

4 S At the end of paragraph 5A of that Schedule there shall be added the words “and a direction under that paragraph may relate to a particular officer or servant or class of officer or servant specified in the direction”.

5 S After paragraph 7 of that Schedule there shall be inserted the following paragraphs—

“7A Regulations may provide for the transfer of officers and servants from a Health Board to—

(a) another Health Board;

(b) the Agency; or

(c) a state hospital,

and for arrangements under which the services of an officer or servant of a Health Board are placed at the disposal of a body mentioned in sub-paragraphs (a) to (c).

7B Directions may be given by the Secretary of State—

(a) to a Health Board to place services of any of its officers or servants at the disposal of a body mentioned in sub-paragraphs (a) to (c) of paragraph 7A; and

(b) to any such body to employ as an officer or servant any person who is or was employed by a Health Board and is specified in the direction,

and a Board or body to which such directions are given shall comply with the directions.

7C Before making regulations under paragraph 7A or 8A, the Secretary of State shall consult such bodies and organisations as appear to him to be concerned.”

6 S After paragraph 8 of that Schedule there shall be inserted the following paragraph—

“8A In connection with arrangements relating to community care services (within the meaning of section 5A(4) (local authority plans for community care services) of the Social Work (Scotland) Act 1968), regulations may make provision with respect to—

(a) the transfer to employment by a local authority of officers or servants employed by a Health Board; and

(b) the transfer to employment by a National Health Service body of officers and servants transferred to employment by a local authority by virtue of this paragraph,

and for the purposes of this paragraph “National Health Service body” means a Health Board, the Agency or an NHS trust.”.

7 S In paragraph 11(b) of that Schedule (delegation to committees etc), for the words “composed, as to a majority, by members of Health Boards” there shall be substituted “constituted in accordance with the regulations”.

Common Services Agency S

8 S Schedule 5 to the 1978 Act shall be amended in accordance with paragraphs 9 to 12 below.

9 S In paragraph 3 of that Schedule (appointment of chairman and members) for the words from “other members appointed” to the end there shall be substituted “such other members as the Secretary of State may, after consultation with the Health Boards, appoint.”

10 S In paragraph 3A of that Schedule (remuneration), after the words “management committee” there shall be inserted “and to such other members of the management committee as may be prescribed”.

11 S After paragraph 7A of that Schedule there shall be inserted the following paragraphs—

“7B Regulations may provide for the transfer of officers and servants from the Agency to a Health Board or state hospital, and for arrangements under which the services of an officer or servant of the Agency are placed at the disposal of a Health Board or state hospital.

7C Directions may be given by the Secretary of State—

(a) to the Agency to place services of any of its officers or servants at the disposal of a Health Board or state hospital; and

(b) to a Health Board or state hospital to employ as an officer or servant any person who is or was employed by the Agency and is specified in the direction,

and it shall be the duty of the Agency, a Health Board or a state hospital to comply with any such directions given to it.”

12 S After paragraph 8 of that Schedule there shall be inserted the following paragraphs—

“8A In connection with arrangements relating to community care services (within the meaning of section 5A(4) (local authority plans for community care services) of the Social Work (Scotland) Act 1968), regulations may make provision with respect to—

(a) the transfer to employment by a local authority of officers or servants employed by the Agency; and

(b) the transfer to employment by a National Health Service body of officers and servants transferred to employment by a local authority by virtue of this paragraph,

and for the purposes of this paragraph “National Health Service body” means the Agency, a Health Board or an NHS trust.

8B Before making regulations under paragraph 7B or 8A, the Secretary of State shall consult such bodies and organisations as appear to him to be concerned.”.

State hospitals S

13 S F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 5 para. 13 repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp. 13), ss. 331(2), 333(3), Sch. 5 Pt. 1; S.S.I. 2005/161, art. 3 (as substituted by S.S.I. 2005/375, art. 2 and as amended by S.S.I. 2005/459, art. 2)