2002 No. 534
NATIONAL HEALTH SERVICE

The NHS Quality Improvement Scotland Order 2002

Made
Laid before the Scottish Parliament
Coming into force in accordance with article 1(2) and (3)
The Scottish Ministers, in exercise of the powers conferred by sections 2(1)(b), (1A), (1B) and (1C) and 105(6) and (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.

(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

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 directions12

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 Agency13

Section 13

Co-operation between Health Boards and other Authorities14

Section 13A

Co operation in planning of services for disabled persons, the elderly and others15

Section 15–

Sub-section (1)(b)

Supply of goods to local and education authorities and other public bodies

Sub-section (1)(c)

Provision of services to local and education authorities16

Sub-section (1)(d)

Use of health service premises by local and education authorities

Sub-section (1)(e)

Use of health service vehicles etc. by local and education authorities

Sub-section (2)

Arrangements with third parties for the supply of goods and materials

Applied so far as it relates to sub section (1)(b)

Section 17A

Power to enter into arrangements with NHS bodies for the provision of goods and services (“NHS contracts”)17

In Part IV

Section 77

Default powers18

In Part V

In section 79–

Sub section (1A)

Power of the Scottish Ministers to dispose of land19

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 Boards20

Section 84A

Power to raise money and property by appeals, collections and other similar activities21

Section 85AA

Means of meeting expenditure of Health Boards out of public funds22

In section 85–

Expenses of certain bodies23

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 expenditure24

Sub section (3)

Power to make directions in relation to duty under sub section (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 bodies25

Section 86

Provision in relation to the keeping and auditing of accounts, to their submission to the Scottish Ministers26

Section 87

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

In Part VII–

Section 101

Protection of Health Boards27

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 prescribed28

Paragraph 5

Employment of officers and servants29

Paragraph 5A

Power to make regulations as to the date of appointment30

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 directions31

Paragraph 7A

Power to make regulations providing for transfer of officers and servants32

Paragraph 7B

Directions to Health Boards to place officers or servants at disposal of other bodies33

Paragraph 11

Power to make regulations as to appointment, committees and procedure34

Paragraph 11A

Subscription to funds of other bodies35

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

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–

The Agency

Paragraph 7B

Power to make regulations providing for the transfer of officers and servants36

Paragraph 7C

Power to make directions as to placing of staff with other bodies37

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) Act196038

Admission of the public to meetings

Health and Medicines Act 198839 section 7(1)–(8)

Extension of powers of Scottish Ministers for financing the Health Service

Health Service Commissioners Act 199340

Provisions for investigations by the Health Service Commissioner for Scotland

Requirements of Writing (Scotland) Act 199541 Schedule 2, paragraph 6

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

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 197442
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 196043
The National Health Service (Financial Provisions) (Scotland) Regulations 197444

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 Agency

The National Health Service (Food Premises) (Scotland) Regulations 198745

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 199146

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

The National Health Service (Appointment of Consultants) (Scotland) Regulations 199347

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 Health Boards (Membership and Procedure) (Scotland) Regulations 200148

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

Limited so as to exclude the application of the provisions of regulation 6(1)(e) and the provisions of regulation 7(1) in so far as regulation 7(1) prohibits the appointment of those also holding certain positions within Health Boards or National Health Service Trusts.

(This note is not part of the Order)

This Order constitutes from 1st January 2003 a Special Health Board for the whole of Scotland to be known as NHS Quality Improvement Scotland (“the Board”).

Article 4 of the Order confers on the Board functions including functions in relation to the quality of healthcare in the National Health Service in Scotland and the evaluation and provision of advice to the National Health Service in Scotland on the clinical and cost effectiveness of health technologies.

As part of its functions the Board will carry out the functions previously carried out by the Clinical Standards Board for Scotland and the Health Technology Board for Scotland, both Special Health Boards, which are dissolved on 2nd January 2003 by article 7.

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 appointment and remuneration of Board members and staff. Provisions in certain other Acts of Parliament relevant to Health Boards are also applied as are certain provisions in subordinate legislation.