The National Health Service (Tribunal) (Scotland) Regulations 2004

Scottish Statutory Instruments

2004 No. 38

NATIONAL HEALTH SERVICE

The National Health Service (Tribunal) (Scotland) Regulations 2004

Made

2nd February 2004

Laid before the Scottish Parliament

3rd February 2004

Coming into force

4th March 2004

The Scottish Ministers, in exercise of the powers conferred by sections 19, 24B, 25(2), 26(2), 27(2), 29(4) and (9), 29A(5), 32, 32C(2), 105(7), 106(a) and 108(1) of, and paragraph 7 of Schedule 8 to, the National Health Service (Scotland) Act 1978(1) and sections 39 and 40(2) of, and paragraphs 3(4) and (5), and 7 of Schedule 1 to, the National Health Service (Primary Care) Act 1997(2) and of all other powers enabling them in that behalf, and after consultation with the Council on Tribunals and its Scottish Committee in accordance with sections 8(1) and (3) of the Tribunal and Inquiries Act 1992(3), hereby make the following Regulations:

(1)

1978 c29; section 19 was amended by the Health Services Act 1980 (c. 53) (“the 1980 Act”), section 7, by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) (“the 1983 Act”), Schedule 7, paragraph 2, by the Medical Act 1983 (c. 54), Schedule 5, paragraph 17(a), by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”) section 37, by the Medical (Professional Performance) Act 1995 (c. 51), Schedule, paragraph 29(a), was extended by the Health and Medicines Act 1988 (c. 49) (“the 1988 Act”), section 17, and repealed in part by the National Health Service (Primary Care) Act 1997 (c. 46)(“the 1997 Act”), Schedule 2, paragraph 39 and Schedule 3, Part I; section 24B was inserted by the Community Care and Health (Scotland) Act 2002 (asp 5) (“the 2002 Act”), Part 3, section 18; section 25(2) was extended by the 1988 Act, section 17, amended by the 1990 Act, Schedule 9, paragraph 19, repealed in part by the 1997 Act, Schedule 2, paragraph 43 and Schedule 3, Part I, and amended by the Health Act 1999 (c. 8) (“the 1999 Act”), section 56; section 26(2) was amended by the Health and Social Security Act 1984 (c. 48), Schedule 1, Part II, paragraphs 2, 3, 4 and Schedule 8, was extended by the 1988 Act, section 17 and amended by the 1999 Act, section 56; section 27(2) was amended by the National Health Service (Amendment) Act 1986 (c. 66), section 3, was extended by the 1988 Act, section 17, and was amended by the 1990 Act, Schedule 9, paragraph 19; section 29(4) and (9) were inserted by the 1999 Act, section 58; section 29A was inserted by the 1999 Act, section 58; section 32 was amended by the National Health Service (Amendment) Act 1995 (c. 31) (“the 1995 Act”), section 11 and Schedule, and by the 1999 Act, Schedule 4, paragraph 50; section 32C was inserted by the 1995 Act, section 8; section 105 was amended by the 1980 Act, Schedule 6, paragraph 5 and Schedule 7 and by the 1983 Act, Schedule 9, paragraph 24; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 49).

(2)

1997 c. 46; section 40(2) contains definitions of “prescribed” and “regulations” relevant to the exercise of statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 49).

(3)

1992 c. 53.