2005 No. 550

NATIONAL HEALTH SERVICE

The Common Services Agency (Membership and Procedure) Amendment (Scotland) Regulations 2005

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers, in exercise of the powers conferred by sections 10(2) and 105(7) and 108(1) of, and paragraphs 3A and 8 of Schedule 5 to, the National Health Service (Scotland) Act 19781 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement1

These Regulations may be cited as the Common Services Agency (Membership and Procedure) Amendment (Scotland) Regulations 2005 and shall come into force on 1st December 2005.

Amendment of the Common Services Agency (Membership and Procedure) Regulations 19912

1

The Common Services Agency (Membership and Procedure) Regulations 19912 are amended as follows.

2

For regulation 2(3) substitute–

3

The other members of the Committee who are prescribed for the purposes of paragraph 3A of Schedule 5 to the Act (members of the Committee, in addition to the chairman, to whom remuneration may be paid) are those members who are not members of staff of a Board or the Scottish Administration.

3

In regulation 4(1) (disqualification) omit paragraphs (a) and (c).

ANDREW P KERRA member of the Scottish ExecutiveSt Andrew’s House, Edinburgh

(This note is not part of the Regulations)

These Regulations amend the Common Services Agency (Membership and Procedure) Regulations 1991 (“the principal Regulations”) which make provision with respect to the Common Services Agency for the Scottish Health Service (“the Agency”).

Paragraph 3A of Schedule 5 to the National Health Service (Scotland) Act 1978 (c. 29) empowers the Scottish Ministers to pay such remuneration as they may determine to the chairman of the Management Committee of the Agency and “to such other members as may be prescribed”.

Regulation 2(3) of the principal Regulations provides that remuneration may be paid to those members of the Committee who are not officers of the Agency, a Health Board (which includes a Special Health Board) or of the Scottish Ministers.

Regulation 2(2) of these Regulations substitutes a new Regulation 2(3) which prescribes the other members of the Committee (that is, the members other than the chairman) to whom such remuneration may be paid as being those members who are not members of the staff of a Health Board (including a Special Health Board) or of the Scottish Administration. Its primary effect is to enable remuneration to be paid to members of the Committee who are members of the staff of the Agency.

Regulation 2(3) of these Regulations removes references in Regulation 4 of the principal Regulations to National Health Services trusts and fund holding practices following the dissolution of all such trusts and practices.