Scottish Statutory Instruments
National Health Service
Made
15th February 2018
Laid before the Scottish Parliament
19th February 2018
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 9(6), 17A(6), 17CA, 17D(3), 17E, 28(1), 105(7) and 106(a) of the National Health Service (Scotland) Act 1978(1) and all other powers enabling them to do so.
1978 c.29. Section 17A was inserted by section 30 of the National Health Service and Community Care Act 1990 (c.19) (“the 1990 Act”). Section 17A was moved under a new heading entitled “NHS Contracts” by section 31 of the National Health Service (Primary Care) Act 1997 (c.46) (“the 1997 Act”). Section 17CA was inserted by section 38 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3). Section 17D was inserted by section 21(2) of the 1997 Act and section 17D(3) was amended by section 2(3) of the Primary Medical Services (Scotland) Act 2004 (asp 1) (“the 2004 Act”). Section 17E was inserted by section 22(2) of the 1997 Act and amended by paragraph 47 of schedule 4, and paragraph 1 of schedule 5 of the Health Act 1999 (c.8) (“the 1999 Act”), and section 2(4) of the 2004 Act. Section 28 was relevantly amended by section 3(4) of the National Health Service (Amendment) Act 1986 (c.66), paragraph 19(8) of schedule 9 of the 1990 Act, and paragraph 1(8) of schedule 1 of the 2004 Act. Section 105(7) was amended by paragraph 5 of schedule 6, and schedule 7, of the Health Services Act 1980 (c.53), and paragraph 24 of schedule 9 of the Health and Social Services and Social Security Adjudications Act 1983 (c.41), and paragraph 60 of schedule 4 of the 1999 Act. Section 108(1) contains a definition of “prescribed” and “regulations” relevant to the 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.46).