http://www.legislation.gov.uk/id/ssi/2011/211

SCHEDULE 2MODIFICATIONS RELATING TO HEALTHCARE IMPROVEMENT SCOTLAND

Article 2

PART 1MODIFICATIONS OF PRIMARY LEGISLATION

Social Work (Scotland) Act 1968 (c. 49)

1.

For section 13A(2A) of the Social Work (Scotland) Act 196871 (residential accommodation with nursing), substitute—

“(2A)
In subsection (2)(a) above, “independent health care service” and “private psychiatric hospital” have the same meanings as in section 10F of the National Health Service (Scotland) Act 1978 (c.29).”.

National Health Service (Scotland) Act 1978 (c.29)

2.

In section 12I of the National Health Service (Scotland) Act 197872 (duty in relation to governance of staff), after “Special Health Board and of” insert “HIS and”.

Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c.47)

3.

In paragraph 9(4) of Schedule 1A to the Abolition of Domestic Rates Etc. (Scotland) Act 198773 (patients in homes), for the words from “a” to the end, substitute—

“—
(a)
an independent hospital;
(b)
a private psychiatric hospital;
(c)
an independent clinic; or
(d)
an independent medical agency,
within the meaning given to those expressions by section 10F(2) of the National Health Service (Scotland) Act 1978 (c.29).”.

Children (Scotland) Act 1995 (c.36)

4.

For section 36(3)(c) of the Children (Scotland) Act 199574 (welfare of certain children in hospitals and nursing homes etc.), substitute—

“(c)
any person providing—
(i)
an independent hospital;
(ii)
a private psychiatric hospital;
(iii)
an independent clinic; or
(iv)
an independent medical agency,
within the meaning given to those expressions by section 10F(2) of the National Health Service (Scotland) Act 1978 (c.29); and”.

Adults with Incapacity (Scotland) Act 2000 (asp 4)

5. (1)

The Adults with Incapacity (Scotland) Act 200075 is amended as follows.

(2)

In section 35 (application of Part 4)—

(a)

in subsection (3)(b)76, after “Public Services Reform (Scotland) Act 2010 (asp 8)” insert “or section 10P(1) of the National Health Service (Scotland) Act 1978, as the case may be”; and

(b)

in subsection (6)77 after paragraph (a) insert—

“(b)
the National Health Service (Scotland) Act 1978 (c.29) have the same meanings in that subsection as in that Act.”.

(3)

In section 40(1)(a)78 (supervisory bodies) after paragraph (i) insert—

“(ii)
registered under the National Health Service (Scotland) Act 1978, Healthcare Improvement Scotland;”.

(4)

After paragraph 1(d) of Schedule 179 (managers of an establishment) insert—

“;
(e)
in relation to an independent hospital or private psychiatric hospital (as defined in section 10F(2) of the National Health Service (Scotland) Act 1978 (c.29)), the person identified under section 10P(2)(b) of that Act in the application for registration of the service.”.

Community Care and Health (Scotland) Act 2002 (asp 5)

6.

In section 22(1) of the Community Care and Health (Scotland) Act 200280 (interpretation), in the definition of “NHS body”—

(a)

omit the “or” immediately following paragraph (c); and

(b)

after paragraph (d) insert—

“or
(e)
Healthcare Improvement Scotland, established by section 10A(1) of that Act;”.

Freedom of Information (Scotland) Act 2002 (asp 13)

7.

In Part 4 of schedule 1 to the Freedom of Information (Scotland) Act 200281 (Scottish public authorities in respect of the National Health Service)—

(a)

after paragraph 27 (a health board) insert—

“27A.
Healthcare Improvement Scotland.”; and

(b)

paragraph 32C (NHS Quality Improvement Scotland)82 is repealed.

Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

8. (1)

The Mental Health (Care and Treatment) (Scotland) Act 200383 is amended as follows.

(2)

After section 3(3)(f) (equal opportunities), insert—

“(fa)
(as respects its health service functions only) Healthcare Improvement Scotland;”.

(3)

After section 281(5)(l) (correspondence of certain persons detained in hospital), insert—

“1a
Healthcare Improvement Scotland;”.

(4)

In section 298 (removal to a place of safety from a public place)—

(a)

in subsection (5)(a)(ii), after “care service” insert “ or, independent health care service”; and

(b)

in subsection (6), after the definition of “care service”, insert—

““independent health care service” means any of the following—
(a)
an independent hospital;
(b)
a private psychiatric hospital;
(c)
an independent clinic; or
(d)
an independent medical agency,
as each of those terms is defined in section 10F(2) of the National Health Service (Scotland) Act 1978 (c.29);.”.

(5)

In section 329(1)84 (interpretation)—

(a)

for the definition of “independent health care service” substitute—

““independent health care service” means any of the following—
(a)
an independent hospital;
(b)
a private psychiatric hospital;
(c)
an independent clinic; or
(d)
an independent medical agency,
as each of those terms is defined in section 10F(2) of the National Health Service (Scotland) Act 1978 (c.29);; and”; and

(b)

in the definition of “managers”, in paragraph (c), for the words from “Part 1” to the end of that paragraph, substitute “section 10Q(1) of the National Health Service (Scotland) Act 1978 (c.29), the person identified under section 10P(2)(b) of that Act in the application for registration”.

Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)

9.

In the Antisocial Behaviour etc. (Scotland) Act 200485—

(a)

in section 81(3)(b) (interpretation of Part 7)—

(i)

sub-paragraph (iii) is repealed;

(ii)

the “or” immediately following sub-paragraph (iii) is repealed; and

(iii)

after sub-paragraph (iv) insert—

“(v)
an independent hospital (as defined in subsection (2) of section 10F of the Public Services Reform (Scotland) Act 2010 (asp 8));
(vi)
a private psychiatric hospital (as defined in that section);
(vii)
an independent clinic (as defined in that section); or
(viii)
an independent medical agency (as defined in that section);”;

(b)

in section 83(6)(a) (application for registration)—

(i)

sub-paragraph (iii) is repealed;

(ii)

the “or” immediately following sub-paragraph (iii) is repealed; and

(iii)

after sub-paragraph (iv) insert—

“(v)
an independent hospital (as defined in subsection (2) of section 10F of the Public Services Reform (Scotland) Act 2010 (asp 8));
(vi)
a private psychiatric hospital (as defined in that section);
(vii)
an independent clinic (as defined in that section); or
(viii)
an independent medical agency (as defined in that section);”.

Housing (Scotland) Act 2006 (asp 1)

10.

In section 126(1)(b) of the Housing (Scotland) Act 200686 (houses in multiple occupation exempt from licensing requirement), after “Public Services Reform (Scotland) Act 2010” insert “or, as the case may be, under section 10Q(1) of the National Health Service (Scotland) Act 1978 (c.29)”.

Sexual Offences (Scotland) Act 2009 (asp 9)

11.

In section 44 of the Sexual Offences (Scotland) Act 200987 (interpretation of section 43), for the definition of “independent health care service” substitute—

““independent health care service” means any of the following—
(a)
an independent hospital;
(b)
a private psychiatric hospital;
(c)
an independent clinic; or
(d)
an independent medical agency,
as each of those terms is defined in section 10F(2) of the National Health Service (Scotland) Act 1978 (c.29),.”.

PART 2MODIFICATIONS OF SUBORDINATE LEGISLATION

Abolition of Domestic Rates (Domestic and Part Residential Subjects) (Scotland) Regulations 1988

12.

In regulation 2 of the Abolition of Domestic Rates (Domestic and Part Residential Subjects) (Scotland) Regulations 198888 (interpretation), in the definition of “private hospital” for the words from “a” to the end, substitute—

“—
(a)
an independent hospital;
(b)
a private psychiatric hospital;
(c)
an independent clinic; or
(d)
an independent medical agency,
within the meaning given to those expressions by section 10F(2) of the National Health Service (Scotland) Act 1978;”.

Common Services Agency (Membership and Procedure) Regulations 1991

13.

In the Common Services Agency (Membership and Procedure) Regulations 199189—

(a)

in regulation 1(2) (interpretation) after paragraph (c) insert—

“(ca)
“HIS” means Healthcare Improvement Scotland established under section 10A of the Act;”;

(b)

in regulation 2(3) (remuneration of membership) after “Board” insert “, HIS”;

(c)

in regulation 3 (resignation and removal of members)—

(i)

in paragraph (3)(a) after “Agency” insert “or HIS”; and

(ii)

in paragraph (4) after “Agency,” insert “of HIS”; and

(d)

in regulation 4(1)(e) (disqualification) after “Agency” insert “, under HIS”.

Functions of Health Boards (Scotland) Order 1991

14.

In article 5(4) of the Functions of Health Boards (Scotland) Order 199190 (qualifications to the exercise of functions by Health Boards)—

(a)

omit the “or” immediately following paragraph (c);

(b)

after paragraph (d) insert—

“; or
(e)
HIS.”.

National Health Service Superannuation Scheme (Scotland) Regulations 1995

15.

In regulation A2(4) of the National Health Service Superannuation Scheme (Scotland) Regulations 199591 (interpretation) in the definition of “employing authority”—

(a)

after “Special Health Board” insert “, Healthcare Improvement Scotland”; and

(b)

for “section 2 and section 10” substitute “sections 2, 10 and 10A”.

Fees in the Registers of Scotland Order 1995

F116.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National Health Service (Scotland) (Injury Benefits) Regulations 1998

17.

In regulation 2(1) of the National Health Service (Scotland) (Injury Benefits) Regulations 199894 (interpretation), in the definition of “employing authority” after paragraph (a) insert—

“(aa)
Healthcare Improvement Scotland established by section 10A of the National Health Service (Scotland) Act 1978;”.

National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000

18.

In regulation 3 of the National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 200095 (members of the Clinical Negligence and Other Risks Indemnity Scheme)—

(a)

omit the “and” immediately following paragraph (d); and

(b)

after paragraph (e) insert—

“; and
(f)
Healthcare Improvement Scotland”.

Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000

19.

In article 2(2)(a) of the Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 200096 (interpretation), after “Public Services Reform (Scotland) Act 2010” insert—

“or, as the case may be, under the National Health Service (Scotland) Act 1978”.

NHS 24 (Scotland) Order 2001

20.

In article 4(4) of the NHS 24 Order 200197 (functions of NHS 24)—

(a)

omit the “or” immediately following sub-paragraph (c); and

(b)

after sub-paragraph (d) insert—

“; or
(e)
Healthcare Improvement Scotland”.

Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002

21.

In Schedule 1 to the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 200298 (bodies required to publish race equality schemes), at the appropriate place insert—

“Healthcare Improvement Scotland”.

NHS Education for Scotland Order 2002

22.

In article 4(4) of the NHS Education for Scotland Order 200299 (functions of NHS Education for Scotland)—

(a)

omit the “or” immediately following sub-paragraph (c); and

(b)

after sub-paragraph (d) insert—

“; or
(e)
Healthcare Improvement Scotland”.

National Waiting Times Centre Board (Scotland) Order 2002

23.

In article 4(4) of the National Waiting Times Centre Board (Scotland) Order 2002100 (functions of the National Waiting Times Centre Board)—

(a)

omit the “or” immediately following sub-paragraph (c);

(b)

after sub-paragraph (d) insert—

“; or
(e)
Healthcare Improvement Scotland”.

National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003

24.

In regulation 2(1) of the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003101 (interpretation), in the definition of “employing authority”—

(a)

after “Special Health Board”, insert “Healthcare Improvement Scotland”; and

(b)

for “2 and 10” substitute “2, 10 and 10A”.

National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004

F225.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004

F326.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mental Health (Conflict of Interest) (Scotland) (No. 2) Regulations 2005

27.

In regulation 1(2) of the Mental Health (Conflict of Interest) (Scotland) (No. 2) Regulations 2005104 (interpretation), for the definition of “independent health care service” substitute—

““independent health care service” means any of the following—
(a)
an independent hospital;
(b)
a private psychiatric hospital;
(c)
an independent clinic; or
(d)
an independent medical agency,
as each of those terms is defined in section 10F(2) of the National Health Service (Scotland) Act 1978..”.

Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) Regulations 2005

28.

In Part I of Schedule 1 to the Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) Regulations 2005105, at the appropriate place insert—

“Healthcare Improvement Scotland”.

National Health Service Central Register (Scotland) Regulations 2006

29.

In the first entry (any entry information) in the table in Schedule 2 of the National Health Service Central Register (Scotland) Regulations 2006106 (information which may be provided from the register and persons to whom it may be provided), in column 2 at the appropriate place insert—

“Healthcare Improvement Scotland;”.

Sex Discrimination (Public Authorities) (Statutory Duties) (Scotland) Order 2007

30.

In Part I of Schedule 1 to the Sex Discrimination (Public Authorities) (Statutory Duties) (Scotland) Order 2007107, at the appropriate place insert—

“Healthcare Improvement Scotland”.

National Health Service Pension Scheme (Scotland) Regulations 2008

31.

In regulation 1(1) of Part 2A of the National Health Service Pension Scheme (Scotland) Regulations 2008108 (interpretation), in paragraph (a) of the definition of “employing authority”—

(a)

after “Special Health Board” insert “, Healthcare Improvement Scotland”; and

(b)

for “and 10” substitute “, 10 and 10A”.

National Health Service (Functions of the Common Services Agency) (Scotland) Order 2008

32.

In the National Health Service (Functions of the Common Services Agency) (Scotland) Order 2008109—

(a)

in article 1(2) (interpretation), after the definition of “Health Board”, insert ““HIS” means Healthcare Improvement Scotland established by section 10A of the Act;”; and

(b)

in article 2 (functions of the agency) paragraphs (b), (c), (d), (f), (i) and (k), immediately before “Health” the first time it occurs, insert “HIS,”.

National Health Service (Appointment of Consultants) (Scotland) Regulations 2009

33.

In regulation 2(1) of the National Health Service (Appointment of Consultants) (Scotland) Regulations 2009110 (interpretation), in the definition of “Board”, after “section 10 of the Act” insert “and Healthcare Improvement Scotland established under section 10A of the Act”.

Public Health etc. (Scotland) Act 2008 Designation of Competent Persons Regulations 2009

34.

In regulation 4(a) of the Public Health etc. (Scotland) Act 2008 Designation of Competent Persons Regulations 2009111 (definition of work experience in health protection), after “board” insert—

“, Healthcare Improvement Scotland”.

Protection of Vulnerable Groups (Scotland) Act 2007 (Prescribed Services) (Protected Adults) Regulations 2010

35.

For regulation 4 of the Protection of Vulnerable Groups (Scotland) Act 2007 (Prescribed Services) (Protected Adults) Regulations 2010112 (prescribed services) substitute—

“4.
For the purposes of section 94(1)(b)(iii), (iv), (v) and (vi) of the Act, a prescribed service is a service which concerns the treatment, care and support of, and provision of advice and assistance to, individuals in relation to their health and well-being, provided by—
(a)
an independent hospital;
(b)
a private psychiatric hospital;
(c)
an independent clinic; or
(d)
an independent medical agency,
within the meaning given to those expressions by section 10F(2) of the National Health Service (Scotland) Act 1978.”.

Protection of Vulnerable Groups (Scotland) Act 2007 (Unlawful Requests for Scheme Records) (Prescribed Circumstances) Regulations 2010

36.

For regulation 2(c) of the Protection of Vulnerable Groups (Scotland) Act 2007 (Unlawful Requests for Scheme Records) (Prescribed Circumstances) Regulations 2010113 (interpretation), substitute—

“(c)
“independent health care service” means any of the following—
(i)
an independent hospital;
(ii)
a private psychiatric hospital;
(iii)
an independent clinic; or
(iv)
an independent medical agency,
as each of those terms is defined in section 10F(2) of the National Health Service (Scotland) Act 1978.”.

Parental Responsibility and Measures for the Protection of Children (International Obligations) (Scotland) Regulations 2010

37.

In the Parental Responsibility and Measures for the Protection of Children (International Obligations) (Scotland) Regulations 2010114—

(a)

in regulation 9(2) (information sharing)—

(i)

omit the “or” immediately following sub-paragraph (a);

(ii)

after sub-paragraph (b) insert—

“, or
(c)
(in respect of the exercise of its health service functions only) Healthcare Improvement Scotland (established by section 10A of the National Health Service (Scotland) Act 1978)”; and

(b)

in regulation 10(2) (requests for information under Council Regulation (EC) No. 2201/2003)—

(i)

omit the “or” immediately following sub-paragraph (c);

(ii)

after sub-paragraph (d) insert—

“, or
(e)
(in respect of the exercise of its health service functions only) Healthcare Improvement Scotland (established by section 10A of the National Health Service (Scotland) Act 1978)”.

Healthcare Improvement Scotland (Inspections) Regulations 2011

38.

In the definition of “registered nurse” in regulation 2(1) of the Healthcare Improvement Scotland (Inspections) Regulations 2011115 (interpretation), for “Nurses and Midwives” substitute “Nursing and Midwifery”.

Healthcare Improvement Scotland (Requirements as to Independent Health Care Services) Regulations 2011

39.

In paragraph (e) of the definition of “health care professional” in regulation 1(2) of the Healthcare Improvement Scotland (Requirements as to Independent Health Care Services) Regulations 2011116 (citation, commencement and interpretation), for “Nurses and Midwives” substitute “Nursing and Midwifery”.