Citation and Commencement1.

(1)

This Order may be cited as the NHS Quality Improvement Scotland Order 2002.

(2)

This Order, except for article 7, shall come into force 1st January 2003.

(3)

Article 7 of this Order shall come into force on 2nd January 2003.

Interpretation2.

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 NHS Quality Improvement Scotland, which is constituted by this Order.

Constitution, name and area of the Board3.

There is hereby constituted a Special Health Board for the whole of Scotland to be known as NHS Quality Improvement Scotland.

Functions of the Board4.

(1)

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

(a)

functions in relation to–

(i)

supporting, ensuring and monitoring the quality of healthcare provided by the National Health Service in Scotland including without prejudice to the foregoing generality, providing quality assurance and accreditation; and

(ii)

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; and

(b)

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

(2)

The functions specified in this paragraph are as follows:–

(a)

the power of the Scottish Ministers under section 16(1) of the Act to assist voluntary organisations whose activities include the provisions of a service similar or related to the functions of the Board;

(b)

the power of the Scottish Ministers under section 16B2 of the Act to give financial assistance to voluntary organisations limited to assistance to such organisations whose activities consist of or include the provision of services similar to or related to the functions of the Board or for the provision of which the Board is under a duty to make arrangements and such assistance shall be given on such terms and conditions as the Scottish Ministers determine;

(c)

the power of the Scottish Ministers under section 42 of the Act to disseminate information relating to the promotion and maintenance of health and the prevention of illness;

(d)

the duty of the Scottish Ministers under section 47 of the Act to make available such facilities 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 and to conduct or assist by grants or otherwise under that section research into any matters relating to the functions of the Board;

(e)

the powers of the Scottish Ministers under section 79(1) of the Act3 to take on lease or to purchase moveable property and land so far as required for the purposes of the Board and to use for those purposes and manage any heritable or moveable property so acquired;

(f)

the powers of the Scottish Ministers under sub section (1A) of section 79 of the Act4 to dispose of land no longer required for the purposes of the Board;

(g)

the power of the Scottish Ministers under paragraph 4 of Schedule 15 to the Act, 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 but excluding the power to determine the remuneration or to prescribe the members to whom it may be paid; and

(h)

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 but excluding the power to determine the amount of such allowances.

(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 Scottish Ministers and not that of the Board; and

(b)

that, where any such instrument requires to be executed on behalf of the Scottish Ministers and it is not executed in accordance with section 1(8) of the Reorganisation of Offices (Scotland) Act 19396, it is executed on their behalf in accordance with paragraph 6 of Schedule 2 to the Requirements of Writing (Scotland) Act 19957.

(4)

Nothing in this Order shall prevent or restrict any of the following from exercising any function under the Act:–

(a)

the Scottish Ministers;

(b)

any Health Board;

(c)

any other Special Health Board; or

(d)

the Agency.

Applications 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.

Transfer of Property6.

On 1st January 2003, all property and liabilities vested in the Clinical Standards Board for Scotland8 and the Health Technology Board for Scotland9 shall transfer to and vest in the Board.

Dissolution and Revocation7.

(1)

The Clinical Standards Board for Scotland and the Health Technology Board for Scotland are hereby dissolved.

(2)

The Clinical Standards Board for Scotland Order 199910 and the Health Technology Board for Scotland Order 200011 are hereby revoked.
MALCOLM CHISHOLM
A member of the Scottish Executive

St Andrew’s House,

Edinburgh