2000 No. 47
NATIONAL HEALTH SERVICE

The Health Technology Board for Scotland Order 2000

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred on them by sections 2(1)(b), (1A), (1B) and (1C) and 105(7) of the National Health Service (Scotland) Act 19781, and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement1.

This Order may be cited as the Health Technology Board for Scotland Order 2000 and shall come into force on 1st April 2000.

Interpretation2.

(1)

For the purposes of this Order–

“the Act” means the National Health Service (Scotland) Act 1978;

“the Board” means the Special Health Board, to be known by the name of the Health Technology Board for Scotland, which is constituted by this Order.

(2)

In this Order unless the context otherwise requires, a reference to an article or Schedule is to an article of, or the Schedule to, this Order and a reference to a paragraph is to a paragraph of the article in which the reference is made.

Constitution, name and area of the Board3.

There is hereby constituted a Special Health Board for the whole of Scotland to be known by the name of the Health Technology Board for Scotland.

Functions of the Board4.

(1)

The Board shall exercise the following functions of the Scottish Ministers namely–

(a)

functions in relation to the evaluation and provision of advice to the National Health Service in Scotland on the clinical and cost effectiveness of new and existing health technologies including drugs, conferred on them by the Act including without prejudice to the foregoing generality, those specified in section 1(1) of the Act;

(b)

functions specified in paragraph (2) subject, however, to any limitations there specified.

(2)

The functions specified in this paragraph are as follows:–

(a)

the powers of the Scottish Ministers under section 79(1) of the Act2 to take on lease or to purchase moveable property and land which is required for the purposes of the Board and to use for those purposes and manage any heritable or moveable property so acquired;

(b)

the powers of the Scottish Ministers under subsection (1A) of section 79 of the Act3 to dispose of land no longer required for the purposes of the Board;

(c)

the power of the Scottish Ministers under paragraph 4 of Schedule 1 to the Act4, as applied in relation to the Board by article 5, to pay remuneration to the Chairman of the Board and to such other members thereof as may be prescribed so, however, that this sub-paragraph shall not be construed as extending to the power to determine the remuneration or to prescribe the members to whom it may be paid;

(d)

the power of the Scottish Ministers under paragraph 13 of Schedule 1 to the Act, as applied in relation to the Board by article 5, to pay to members of the Board, and any committees and sub-committees thereof, travelling and other allowances so however, that this sub-paragraph shall not be construed as extending to the power to determine the amount of such allowances; and

(e)

the duty of the Scottish Ministers under section 47 of the Act to make available such facilities as appear to the Board to be reasonably necessary for undergraduate and post-graduate clinical teaching and research, and for the education and training of persons providing or intending to provide services under the Act.

(3)

In exercising any functions of the Scottish Ministers to acquire, use, manage or dispose of land the Board shall ensure–

(a)

that any instrument in connection with the exercise of those functions is in the name of the Scottish Ministers and not that of the Board; and

(b)

that, where any such instrument requires to be executed on his behalf by the Scottish Ministers and it is not executed in accordance with section 18 of the Reorganisation of Offices (Scotland) Act 19395, it is executed on his behalf in accordance with Schedule 2, paragraph 6 to the Requirements of Writing (Scotland) Act 19956.

Application of enactments5.

(1)

Each of the enactments specified in column 1 of each Part of the Schedule (the subject matter of which is described generally in column 2) shall apply in relation to the Board as it applies in relation to Health Boards subject, however, to the modifications and limitations (if any) specified opposite thereto in column 3 and to paragraph (2).

(2)

The enactments which are applied in relation to the Board by virtue of paragraph (1) are so applied only for the purposes of the exercise by the Board of the functions conferred on it by this Order.

SUSAN C DEACON
A member of the Scottish Executive

St Andrew’s House,

Edinburgh

SCHEDULEENACTMENTS APPLIED TO THE BOARD

Article 5(1)

PART ITHE ACT

Column 1

Column 2

Column 3

Enactment

Nature of Provision

Modifications and Limitations (where applicable)

In the Act–

In Part I

In Section 2–

Health Boards

Sub-section (3)

Variation of area and functions of Health Board

Sub-section (4)

Provisions incidental to variation of area or functions of Health Boards

Sub-section (5)

Health Boards to act in accordance with regulations or directions7

Sub-section (8)

Health Board to act as principal

In Section 10–

Common Services Agency

Sub-section (4)

Power to provide that functions of Health Boards may be referred to the Agency8

Section 13

Co-operation between Health Boards and other Authorities9

Section 17A

Power to enter into arrangements with NHS bodies for the provision of goods and services (“NHS contracts”)10

In Part IV

Section 77

Default powers11

In Part V

In Section 79–

Sub-section (1A)

Power of Scottish Ministers to dispose of land12

Sub-section (3)

Power to acquire moveable property on behalf of the Scottish Ministers

In Section 83–

Sub-section (1)

Power to hold property on trust

Section 84

Power to trustees to make payments to Health Boards13

Section 84A

Power to raise money and property by appeals, collections and other similar activities14

Section 85AA

Means of meeting expenditure of Health Boards out of public funds15

In Section 85–

Expenses of certain bodies16

Sub-section (1)

Payment of expenses of certain bodies

Sub-section (2)

Date of allotment

Sub-section (3)

Power to make directions to bodies listed in sub-section (1)

Sub-section (4)

Conditions subject to which payments shall be made

In Section 85A–

Sub-section (1)

Duty of bodies referred to in section 85(1) as regards expenditure17

Sub-section (3)

Power to make directions in relation to duty under subsection (1)

Sub-section (4)

Disregard for the purposes of the section of certain trust funds

Section 85B

Power to make provision for meeting losses and liabilities etc of certain health service bodies18

Section 86

Provision in relation to the keeping and auditing of accounts, to their submission to the Scottish Ministers19

Section 87

Power to make regulations as to financial arrangements of health service bodies

In Part VII–

Section 101

Protection of Health Boards20

In Schedule 1–

Health Boards

Paragraph 1

Health Boards to be bodies corporate and have a common seal

Paragraph 2

Appointment of Chairman and members

Paragraph 4

Payment of remuneration to the Chairman and such members of Health Boards as may be prescribed21

Paragraph 5

Employment of officers and servants22

Paragraph 5A

Power to make regulations as to the date of appointment23

Paragraph 6

Power to make regulations as to method of appointment, qualifications, remuneration and conditions of service of officers and servants

Paragraph 7

Officers and servants employed in accordance with regulations and directions24

Paragraph 7A

Power to make regulations providing for transfer of officers and servants25

Paragraph 7B

Directions to Health Boards to place officers or servants at disposal of other bodies26

Paragraph 11

Power to make regulations as to appointment, committees and procedure27

Paragraph 11A

Subscription to funds of other bodies28

Paragraph 12

Proceedings not to be invalidated by vacancies

Paragraph 13

Payment to members of a Health Board, the committees and sub-committees thereof of travelling and other allowances, including compensation for loss of remunerative time

The words “, including compensation for loss of remunerative time,” shall be omitted

Paragraph 14

Allowances not payable except in circumstances determined by the Scottish Ministers

Paragraph 15

Time and method of payment of allowances

In Schedule 5–

Common Services Agency

Paragraph 7B

Power to make regulations providing for the transfer of officers and servants29

Paragraph 7C

Power to make directions as to placing of staff with other bodies30

PART IIACTS OTHER THAN THE ACT

Column 1

Column 2

Column 3

Enactment

Nature of Provision

Modifications and Limitations (where applicable)

The Public Bodies (Admission to Meetings) Act 196031

Admission of the public to meetings

The House of Commons Disqualification Act 197532
In Schedule 1, Part III the entry relating to Chairman or any member, not being also an employee, of a Health Board33

Offices disqualifying for membership of the House of Commons

Overseas Development and Co-operation Act 198034

Section 2(1)(a) and (c)

Powers of National Health Service bodies in Scotland to enter into and carry out agreements to furnish technical assistance outside the UK

Schedule 135

Statutory bodies with powers under section 2(1)

Limited to the reference in Part IV to “A Health Board”

Health and Medicines Act 198836

Section 7(1)-(8)

Extension of powers of Secretary of State for financing the Health Service

Requirements of Writing (Scotland) Act 199537 Schedule 2, paragraph 6

Where they have delegated any function relating to the acquisition management or disposal of land, power of the Scottish Ministersto authorise any officer of a Health Board to execute an instrument on their behalf

The Scotland Act 199838 Section 15

Offices disqualifying for membership of the Scottish Parliament

PART IIIENACTMENTS OTHER THAN ACTS OF PARLIAMENT

Column 1

Column 2

Column 3

Enactment

Nature of Provision

Modifications and Limitations (where applicable)

The National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 197439
Prohibits employment for provision of services under the National Health Service of certain health professions unless they are registered under the Professions Supplementary to Medicine Act 196040
The National Health Service (Financial Provisions) (Scotland) Regulations 197441

Preparation of estimates of income and expenditure and accounts of Health Boards and related matters of a financial nature

Limited so as to exclude the application of any provisions relative to Local Health Councils or the Common Services Agency

The National Health Service (Food Premises) (Scotland) Regulations 198742

Health Authorities (including Health Boards) to be treated for the purpose of food legislation (as defined in the Regulations) as both owners and occupiers of premises used by them

The National Health Service (Remuneration and Conditions of Service) (Scotland) Regulations 199143

The determination of remuneration and conditions of service of officers of Health Boards

The Health Boards (Membership and Procedure) (No 2) Regulations 199144

Provision as to the membership and procedure to be applied by Health Boards

Limited so as to exclude the application of regulation 6(1)(a)

The National Health Service (Appointment of Consultants) (Scotland) Regulations 199345

Appointment as an officer of a Health Board of any registered medical or dental practitioner to the post of consultant or of any registered medical practitioner to the post of community medicine specialist

The Scottish Parliament (Disqualification) Order 199946

Offices disqualifying for membership of the Scottish Parliament

(This note is not part of the Order)

This Order constitutes a Special Health Board for the whole of Scotland to be known as the Health Technology Board for Scotland (“the Board”) (article 3).

Article 4 of the Order confers on the Board functions in relation to the evaluation and provision of advice to the National Health Service in Scotland on the clinical and cost effectiveness of new and existing health technologies including drugs. These functions will also result in the Board assessing and providing advice in relation to health technology, providing information about assessments and acting as a national resource for information about health technology.

Article 5 and the Schedule apply to the Board various provisions in enactments which apply to Health Boards in general. These include provisions as to funding, the keeping and auditing of accounts and the apportionment and remuneration of Board members and staff. Provisions in certain other Acts relevant to Health Boards generally are also applied as are provisions in various sets of Regulations.