2003 No. 154
NATIONAL HEALTH SERVICE

The Health Education Board for Scotland Amendment Order 2003

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by sections 2(1)(b), (1B), (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.

This Order may be cited as the Health Education Board for Scotland Amendment Order 2003 and shall come into force on 1st April 2003.

Interpretation2.

For the purposes of this Order, “the principal Order” means the Health Education Board for Scotland Order 19902.

Amendment of article 2 of the principal Order3.

In article 2(1) of the principal Order in the definition of “the Board” for “the Health Education Board for Scotland” substitute “NHS Health Scotland”.

Amendment of article 3 of the principal Order4.

In article 3 of the principal Order for “the Health Education Board for Scotland” substitute “NHS Health Scotland”.

Amendment of article 4 of the principal Order5.

(1)

In article 4(1) of the principal Order, after sub paragraph (a) insert–

“(aa)

functions in relation to the provision of research and development services in the field of public health conferred upon the Scottish Ministers by the Act”.

(2)

In article 4(2)(d) of the principal Order omit–

  • “disregarding so much of that sub-section as relates to the function of the Secretary of State to authorise certain officers to execute instruments on his behalf”.

(3)

In article 4(3) of the principal Order for sub paragraph (b) substitute–

“(b)

that, where any such instrument requires to be executed by the Scottish Ministers it is executed by a member of the Scottish Executive in accordance with paragraph 6 of Schedule 2 to the Requirements of Writing (Scotland) Act 19953

Amendment to Part 1 of the Schedule to the principal Order6.

In Part 1 of the Schedule to the principal Order–

(a)

after the entry relating to section 13 insert–

(i)

in column 1, “Section 13A”; and

(ii)

in column 2, opposite thereto, “Co-operation in planning of the services for disabled persons, the elderly and others4”;

(b)

omit the entries relating to sub-section (1A) of section 79;

(c)

after the entry relating to section 84A insert–

(i)

in column 1, “section 85AA”; and

(ii)

in column 2, opposite thereto, “Means of meeting expenditure of health boards out of public funds5”; and

(d)

after the entry relating to paragraph 5 of Schedule 1 insert–

(i)

in column 1, “paragraph 5A”; and

(ii)

in column 2, opposite thereto “Provision concerning regulations and directions made under paragraph 5 above6”.

Amendment of Part III of the Schedule to the principal Order7.

In Part III of the Schedule to the principal Order–

(a)

omit the entries relating to the National Health Service (Remuneration and Conditions of Service) (Scotland) Regulations 19747;

(b)

omit the entries relating to the National Health Service (Appointment of Consultants and Community Medicine Specialists) (Scotland) Regulations 19868; and

(c)

at the end insert–

Column 1

Column 2

Column 3

Enactments and Provisions

Nature of Provision

Modifications and Limitations (where applicable)

The National Health Service (Remuneration and Conditions of Service) (Scotland) Regulations 19919

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

The National Health Service (Appointment of Consultants) (Scotland) Regulations 199310

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

The Health Boards (Membership and Procedure) (Scotland) Regulations 200111

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

MALCOLM CHISHOLM
A member of the Scottish Executive

St Andrew’s House, Edinburgh

(This note is not part of the Order)

This Order amends the Health Education Board for Scotland Order 1990 (“the principal Order”) which constituted a Special Health Board (known as the “Health Education Board for Scotland”).

In particular–

  • article 3 of this Order amends the interpretation provisions in article 2 of the principal Order so that references to “the Board” are to be interpreted as references to “NHS Health Scotland”.

  • article 4 amends the principal Order to change the name of the Special Health Board created by the principal Order to “NHS Health Scotland”.

  • article 5 adds a new function to the existing functions of the Special Health Board constituted by the principal Order.

In addition this Order amends article 4 and the Schedule to the principal Order to delete references to legislation that is no longer applicable and to apply certain legislation.