SCHEDULEENACTMENTS APPLIED TO THE BOARD

Article 5(1)

PART ITHE ACT

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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

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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

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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.