2016 No. 86
National Health Service
Public Health

The Healthcare Improvement Scotland (Delegation of Functions) Order 2016

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the power conferred by section 10D(1) of the National Health Service (Scotland) Act 19781 and all powers enabling them to do so.

Citation, commencement and interpretation

1.

(1)

This Order may be cited as the Healthcare Improvement Scotland (Delegation of Functions) Order 2016 and comes into force on 1st April 2016.

(2)

In this Order, “HIS” means Healthcare Improvement Scotland2.

Delegation of function

2.

The function of giving a direction to Health Boards under section 2(5) of the National Health Service (Scotland) Act 1978, insofar as the direction relates to closing a hospital ward to new admissions, is delegated to HIS who may exercise that function where article 3 applies.

3.

This article applies where—

(a)

the direction is necessary in exercise of the Health Board’s duties under sections 36 and 37 of the National Health Service (Scotland) Act 19783; and

(b)

HIS believes that, in the absence of such a direction, there is a serious risk to the life, health or wellbeing of persons.

SHONA ROBISON
A member of the Scottish Government

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Order)

This Order delegates functions to Healthcare Improvement Scotland (“HIS”). The Scottish Ministers have a power, in section 2(5) of the National Health Service (Scotland) Act 1978, to issue directions to Health Boards. That direction making power is delegated to HIS in certain circumstances (articles 2 and 3).