National Health Service (Scotland) Act 1978
Part IOrganisation
Secretary of State
1 General duty of Secretary of State.
1ADuty of the Scottish Ministers to promote health improvement
Administrative bodies
2 Health Boards.
2ADuty of Health Board, Special Health Board , the Agency and HIS to promote health improvement
2BDuty to encourage public involvement
2CFunctions of Health Boards: primary medical services
2CBFunctions of Health Boards outside Scotland (1) Where it is...
2CBFunctions of Health Boards: planning of pharmaceutical care services
2DEqual opportunities
3 Scottish Medical Practices Committee.
4 Scottish Dental Estimates Board.
Community health partnerships
4ACommunity health partnerships
4BCommunity health partnerships: further provision
National advisory bodies
5—6 Organisation
Local advisory bodies
7 Local health councils.
8 University Liaison Committees.
9 Local consultative committees.
Agency for Secretary of State and other bodies
10 Common Services Agency.
10ZAProvision of patient advice and support service
Healthcare Improvement Scotland
10AHealthcare Improvement Scotland
Principles
10BPrinciples
Functions related to the health service
10CHealth service functions
10DHealth service functions: further provision
Functions related to independent health care
10EIndependent health care functions
Meaning of “ independent health care services ”
10FMeaning of “independent health care services”
10GPower to modify definitions
Standards and outcomes
10HStandards and outcomes
Inspections
10IInspections of services provided under the health service or under the 2021 Act
10JInspections of independent health care services
10KAuthorised persons
10LInspections: best regulatory practice
10MInspections at request of Scottish Ministers
10NInspections: reports
10ORegulations relating to inspections
Registration
10PRegistration of independent health care services
10QGrant or refusal of registration
Improvement notices
10RImprovement notices: independent health care services
Proposals and applications in relation to registered independent health care services
10SCancellation of registration
10TEmergency cancellation of registration
10UCondition notices
10VEmergency condition notices
10WApplication of Act to condition notices following emergency condition notices
10XEmergency condition notices: appeals
10YApplications in respect of conditions
10ZFurther provision as respects notice of proposals
10Z1Right to make representations to HIS as respects proposals
Notice of decision on application for registration
10Z2Notice of HIS's decisions
Conditions as to numbers
10Z3Conditions as to numbers
Appeal against decision to implement proposal
10Z4Appeal against decision to implement proposal
Fees
10Z5Registration fees
Regulations
10Z6Regulations: registers and registration
10Z7Regulations: independent health care services
Complaints about independent health care services
10Z8Complaints about independent health care services
Offences
10Z9Offences in relation to registration
10Z10False statements in applications
10Z11Offences by bodies corporate etc.
Inquiries
10Z12Inquiries
Arrangements to provide independent health care services: registration
10Z13Arrangements entered into by certain bodies: services to be registered
Duty of certain bodies to be aware of reports, etc.
10Z14Local authorities and other bodies: awareness of HIS reports etc.
Giving of notice
10Z15Giving of notice
Scottish Health Council
10Z16Establishment of Scottish Health Council
Miscellaneous
10Z17Transfer of staff
10Z18 “ Provide ” in relation to independent health care services
Consultation with Mental Welfare Commission for Scotland
10Z19Duty of HIS to consult the Mental Welfare Commission for Scotland
Trusts
11Scottish Hospital Trust.
12Scottish Hospital Endowments Research Trust.
12ANational Health Service trusts.
12AAAdditional functions of NHS trusts.
12BTransfer of staff to NHS trusts.
12CSupplementary provisions as to transfer of staff.
12CATransfer of staff among health service bodies.
12DTransfer of property rights and liabilities to NHS trusts.
12DAStamp duty land tax
12EOriginating capital debt of, and other financial provisions relating to NHS trusts.
12FFinancial obligations of NHS trusts.
12GTrust property of NHS trusts.
Quality
12HDuty of quality.
12IDuty in relation to governance of staff
Staffing
12IADuty to ensure appropriate staffing
12IBDuty to ensure appropriate staffing: agency workers
12ICDuty to have real-time staffing assessment in place
12IDDuty to have risk escalation process in place
12IEDuty to have arrangements to address severe and recurrent risks
12IFDuty to seek clinical advice on staffing
12IGDuty to ensure appropriate staffing: number of registered healthcare professionals etc.
12IHDuty to ensure adequate time given to clinical leaders
12IIDuty to ensure appropriate staffing: training of staff
12IJDuty to follow common staffing method
12IKCommon staffing method: types of health care
12ILTraining and consultation of staff
12IMReporting on staffing
12INMinisterial guidance on staffing
12IOInterpretation of sections 12H to 12IN
HIS functions in relation to staffing
12IPHIS: monitoring compliance with staffing duties
12IQHIS: monitoring and review of common staffing method
12IRHIS: monitoring and development of staffing tools
12ISHIS: duty to consider multi-disciplinary staffing tools
12ITHIS: duty on Health Boards to assist staffing functions
12IUHIS: power to require information
12IVHIS: ministerial guidance on staffing functions
12IWInterpretation of sections 12IP to 12IV
Co-operation and assistance
12JHealth Boards: co-operation with other Health Boards, Special Health Boards and the Agency
12KPower of Health Board to carry out other Health Board's functions
13Co-operation between Health Boards and other authorities.
13A Co-operation in planning of services for disabled persons, the elderly and others.
13B [ Joint Liaison Committees.
14 Designated medical officers.
15 Supply of goods and services to local authorities, etc.
16Assistance to voluntary organisations.
16A Power to make payments towards expenditure on community services.
16B Financial assistance by the Secretary of State to voluntary organisations.
17 Organisation
17AA Provision of certain services under NHS contracts.
17ANHS contracts.
17B Reimbursement of Health Board’s costs.
17C Personal medical or dental services.
17CAPrimary medical services: persons with whom agreements can be made
17DPersonal dental services: persons with whom agreements may be made.
17E Personal medical or dental services: regulations.
17EA Services lists
17EB Application for inclusion in services list
17F Right to choose medical practitioner.
17G Right to choose dental practitioner.
17H Immunisation.
17I Use of accommodation.
General medical services contracts
17JHealth Boards' power to enter into general medical services contracts
17KMandatory contract term: provision of prescribed primary medical services
17LEligibility to be contractor under general medical services contract
17MPayments by Health Boards under general medical services contracts
17NOther mandatory contract terms
17OResolution of disputes and entry into NHS contracts
Persons performing primary medical services
17PPersons performing primary medical services
17QAssistance and support
Pharmaceutical care services contracts
17RMandatory contract term: provision of prescribed pharmaceutical care services
17SEligibility to be contractor under pharmaceutical care services contract
17TPayments by Health Boards under pharmaceutical care services contracts
17UOther mandatory contract terms: pharmaceutical care services contracts
17VResolution of disputes and entry into NHS contracts: pharmaceutical care services contracts
Drug Tariff
17WDrug Tariff
Persons performing pharmaceutical care services
17XPersons performing pharmaceutical care services
Assistance and support: primary medical services and pharmaceutical care services
17YAssistance and support: primary medical services and pharmaceutical care services
Part II Provision of Services
General Services
18 Duty of Secretary of State.
General medical services
19Arrangements and regulations for general medical services.
19A Medical lists.
19B Vacancies for medical practitioners.
20 Applications to provide general medical services.
21 Requirement of suitable experience.
22 Regulations as to section 21.
23 Distribution of general medical services.
24 Regulations for Medical Practices Committee.
24A Liabilities and obligations in relation to deputies.
24B Supplementary lists
24C Application for inclusion in supplementary list
General dental services
25 Arrangements for provision of general dental services.
General ophthalmic services
26 Arrangements for provision of general ophthalmic services.
Pharmaceutical services
27 Arrangements for provision of pharmaceutical services.
27A Arrangements for providing additional pharmaceutical services.
27B Terms and conditions etc.
28 Persons authorised to provide pharmaceutical services.
Remuneration for services
28A Remuneration for Part II services.
28B Part II remuneration: supplementary.
28C Indemnity cover.
Assistance and support: general dental services
28DAssistance and support: general dental services
Provisions as to disqualification of practitioners
29 The NHS tribunal.
29A The NHS Tribunal: supplementary.
29B Powers of NHS Tribunal.
29C Conditional disqualification etc.
30 Review etc. of disqualification.
31 Disqualification provisions in England or Wales or Northern Ireland.
32 Regulations as to sections 29 to 31.
32A Applications for interim suspension.
32B Suspension pending appeal.
32C Sections 32A and 32B: procedure etc.
32DCorresponding provision in England or Wales or Northern Ireland
32E Payments in consequence of suspension.
Supplementary provisions relating to Part II
33 Powers of Secretary of State where services are inadequate.
34 Exercise of choice of medical practitioner etc. in certain cases.
35 Sale of medical practices.
35A Interpretation of Part II.
Part III Other Services and Facilities
36 Accommodation and services.
37 Prevention of illness, care and after-care.
38 Care of mothers and young children.
38ABreastfeeding
38BDetection of vision problems in children
39Medical and dental inspection, supervision and treatment of pupils and young persons.
40 Vaccination and immunisation.
41 Family planning.
42Health education.
43 Control of spread of infectious disease.
44 Supplies of blood and other substances.
45Ambulances.
46 Provision of vehicles for persons suffering from physical defect or disability.
46AProvision of communication equipment
47 Educational and research facilities.
48 Residential and practice accommodation.
Part IV Powers of the Secretary of State
Control of maximum prices for medical supplies
49 Maximum prices of medical supplies may be controlled.
Additional powers as to services and supplies; and the use of those services and supplies for private patients
50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
51, 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
54 Restriction of powers under sections 44, 50 and 53.
Further provisions as to payments by patients for health service accommodation and services
55 Hospital accommodation on part payment.
56 Expenses payable by remuneratively employed resident patients.
57 Accommodation and services for private patients.
58A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
59—63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Use by practitioners of health service accommodation and facilities for private practice
64 Permission for use of facilities in private practice.
65—68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations as to certain charges
69 Charges for drugs, medicines or appliances or pharmaceutical services.
70 Charges for dental or optical appliances.
71 Charges for dental treatment.
71A Calculation of charges for dental appliances and treatment.
72 Charges in respect of services etc. provided under sections 37, 38 and 41.
73 Charges for more expensive supplies.
74 Charges for repairs and replacements in certain cases.
75 Sums otherwise payable to those providing services.
75A Remission and repayment of charges and payment of travelling expenses.
75B Reimbursement of the cost of services provided in another EEA State
75BAReimbursement of the cost of services provided in another EEA State where expenditure is incurred on or after 25 October 2013.
75BBPrior authorisation for the purposes of section 75BA
75BCRestriction on reimbursement after EU withdrawal
75C Prior authorisation
75D Deduction of NHS charges
Inquiries, and default and emergency powers
76 Inquiries.
77 Default powers.
78 Emergency powers.
78APowers in case of service failure
78BRelationship of sections 77, 78 and 78A
Part V Property and Finance
Land and other property
79 Purchase of land and moveable property.
80 Transferred property free of trusts.
81 Power of voluntary organisations to transfer property to Secretary of State.
Trust property
82 Use and administration of certain endowments and other property held by Health Boards.
83 Power of Health Boards and local health councils to hold property on trust.
84Power of trustees to make payments to Health Boards.
84A Power to raise money, etc., by appeals, collections, etc.
Joint ventures
84BJoint ventures
Finance and accounts
85AA Means of meeting expenditure of Health Boards out of public funds.
85AB Further provision as to expenditure on drugs.
85 Expenses of certain bodies.
85A Financial duties of bodies referred to in section 85.
85B Schemes for meeting losses and liabilities etc. of certain health service bodies.
86 Accounts of Health Boards and the Agency.
87Regulation of financial arrangements of Health Boards, the Agency and the Dental Estimates Board.
Fund-holding practices
87A Recognition of fund-holding practices of doctors.
87B Payments to recognised fund-holding practices.
87C Renunciation and removal of recognition as a fund-holding practice and withholding of funds.
Indicative amounts
87D Indicative amounts for doctors’ practices.
Remuneration, allowances and superannuation
88 Payment of allowances and remuneration to members of certain bodies connected with the health services.
89 Superannuation of officers of certain hospitals.
Part VI The Health Service Commissioner for Scotland
90 Appointment of Commissioner and tenure of office.
91Salary and pension of Commissioner.
92 Administrative provisions.
92A Appointment of acting Commissioner.
93Bodies and action subject to investigation.
94Provisions relating to complaints.
95Application of certain provisions of the Parliamentary Commissioner Act 1967.
95A Consulting other Commissioners.
96 Reports by Commissioner.
97 Interpretation of Part VI.
Part VII Miscellaneous and Supplementary
Miscellaneous
98 Charges in respect of non-residents.
99 Evasion of charges.
99ZA Recovery of charges and payments.
99ZB(1) Regulations may provide that, where a person fails to...
99A Holidays for patients etc.
100 Accommodation for persons displaced in course of development.
101 Protection of Health Boards and Common Services Agency.
102 State hospitals.
103 Arbitration.
104 Exemption from stamp duty.
104AExemption from stamp duty land tax
Supplementary
105Orders, regulations and directions.
106 Supplementary regulatory powers.
107 Local enactments.
108 Interpretation and construction.
109 Transitional provisions and savings, consequential amendments and repeals.
110 Citation, extent and commencement.
SCHEDULES
SCHEDULE 1 Health Boards
Part I
Constitution
1A Health Board shall be a body corporate and shall...
2(1) A Health Board is to consist of the following...
2AIn the case of a prescribed Health Board at least...
3An appointed member may be appointed only after consultation with...
3AA person appointed as chairman of a Health Board may...
4The Secretary of State may pay to
5A Health Board may employ such officers and servants on...
5ARegulations or directions under paragraph 5 may provide for approvals,...
6Regulations may make provision with respect to the method of...
6A(1) Sub-paragraph (3) applies where the registration of a dental...
7No officer or servant of a Health Board to whom...
7ARegulations may provide for the transfer of officers and servants...
7BDirections may be given by the Secretary of State—
7CBefore making regulations under paragraph 7A or 8A, the Secretary...
8Regulations under paragraph 6 shall not contain a requirement that...
8AIn connection with arrangements relating to community care services ...,...
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II
Supplementary provisions
10A(1) An elected member holds office for a period beginning...
11Regulations may make provision— (a) as to the appointment, tenure...
11AA Health Board may subscribe to the funds of any...
12The proceedings of a Health Board shall not be invalidated...
13The Secretary of State shall pay to members of a...
14Allowances shall not be paid under paragraph 13 except in...
15Payment under paragraph 13 shall be made at such times...
16A Health Board may by agreement transfer to the Hospital...
17A Health Board may borrow from the Hospital Trust against...
18The functions transferred to and exercisable by Health Boards under...
19The Secretary of State may, with any necessary modifications, by...
SCHEDULE 1AHealth Board elections
Health Board elections
1An election held under this Schedule is known as a...
Timing of Health Board elections
2(1) A Health Board must hold the first Health Board...
Electoral wards
3(1) Each Health Board area is to be comprised of...
Conduct of election
4(1) Election regulations must appoint an individual as the returning...
5(1) The nomination of a candidate must be made—
6If, at the end of the nomination period, the number...
7(1) In any other case, the elected members are to...
Candidates
8(1) An individual is disqualified from being a candidate in...
Franchise
9(1) An individual is entitled to vote at a Health...
Election expenses
10Election regulations may make provision about the expenses which may...
Vacancies
11(1) This paragraph applies if— (a) a returning officer declares...
Election regulations
12(1) The Scottish Ministers may make regulations (“ election regulations...
SCHEDULE 2
1The Medical Practices Committee shall consist of a chairman, who...
2The chairman and members shall be appointed by the Secretary...
3The Secretary of State may make regulations with respect to...
4The Secretary of State may provide the services of such...
5The proceedings of the Committee shall not be invalidated by...
SCHEDULE 3 The Planning Council
SCHEDULE 4 University Liaison Committees
The University Liaison Committee for any area or combination of...
SCHEDULE 5 The Agency
1The Agency shall be a body corporate and shall have...
2The affairs of the Agency shall be managed by a...
3The management committee shall consist of a chairman appointed by...
3AThe Secretary of State may pay to the chairman of...
4The proceedings of the management committee shall not be invalidated...
5The Secretary of State shall pay to members of the...
6Allowances shall not be paid under paragraph 5 except in...
7The Agency may employ such officers and servants on such...
7ARegulations or directions under paragraph 7 may provide for approvals,...
7BRegulations may provide for the transfer of officers and servants...
7CDirections may be given by the Secretary of State—
8Regulations may make provision with respect to—
8AIn connection with arrangements relating to community care services ...,...
8BBefore making regulations under paragraph 7B or 8A, the Secretary...
9No officer or servant of the Agency to whom regulations...
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12The Secretary of State may exercise the powers conferred by...
SCHEDULE 5AHealthcare Improvement Scotland
Status
1(1) Healthcare Improvement Scotland is a body corporate.
Membership of HIS
2(1) HIS is to consist of the following members—
Terms of appointment etc.
3(1) Each member of HIS is to be appointed for...
Removal of members
4The Scottish Ministers may, by written notice, remove a member...
Disqualification from membership
5A person is disqualified from appointment, and from holding office,...
Remuneration and allowances for members
6HIS must pay to each of its members such—
Chief executive and other employees
7(1) HIS is to employ a chief executive.
Medical reviewers
7A(1) HIS must appoint persons employed under paragraph 7(5) to...
Committees
8(1) HIS may establish committees for any purpose relating to...
Procedure and meetings
9(1) HIS may determine its own procedure and that of...
General powers
10(1) HIS may do anything which appears to be necessary...
Delegation of functions
11(1) HIS may, subject to sub-paragraphs (2) to (3) authorise—...
Location of office
12HIS's determination of the location of its office premises is...
Accounts
13(1) HIS must— (a) keep proper accounts and accounting records;...
Reports
14(1) As soon as practicable after the end of each...
SCHEDULE 6
Part I
Constitution
1The Hospital Trust (hereafter in this Schedule referred to as...
2The Trust shall be a body corporate.
3The proceedings of the Trust shall not be invalidated by...
Part II
Powers
4The Trust shall have the following powers—
5(1) It shall be the duty of the Trust to...
6(1) Regulations may prescribe the method of calculating the capital...
7(1) The Trust shall, at such date or dates in...
8The total annual expenses of administration of the Trust shall...
9Regulations may make provision in respect of any of the...
10(1) The accounts of the Trust shall be audited annually...
SCHEDULE 7 The Research Trust
1The Research Trust shall consist of a chairman appointed by...
2The Research Trust shall be a body corporate.
3Subject to paragraph 3A, the Research Trust shall consist of...
3A(1) The persons who are the members of the Research...
3B(1) Subject to the provisions of this Schedule, the appointment...
3CA person who ceases to be a member of the...
3DThe Research Trust may make payments from their funds to...
3E(1) The Research Trust may appoint such staff, on such...
3F(1) The Research Trust— (a) shall make and maintain standing...
3GThe Research Trust may do anything which appears to them...
4The Research Trust shall have power to purchase land and...
5The Research Trust shall have, in relation to their funds,...
6Where the Research Trust borrow money or draw upon capital...
7. . . . . . . . . ....
SCHEDULE 7A National Health Service Trusts
Part I Orders Establishing NHS Trusts Etc.
1Any reference in this Part of this Schedule to an...
2The provisions made by an order shall be in conformity...
3(1) Without prejudice to any amendment made by subsequent order,...
4(1) An order may require a Health Board and the...
5(1) An order may provide for the establishment of an...
Part II Duties, Powers and Status of NHS Trusts
Specific duties
6(1) In carrying out the functions for the time being...
7(1) For each accounting year an NHS trust shall prepare...
8An NHS trust shall furnish to the Secretary of State...
9(1) An NHS trust shall be liable to pay—
Specific powers
10An NHS trust may enter into NHS contracts.
11An NHS trust may undertake and commission research and make...
12An NHS trust may— (a) provide training for persons employed...
13An NHS trust may enter into arrangements for the carrying...
14According to the nature of its functions, an NHS trust...
15For the purpose of making additional income available in order...
General powers
16Subject to Schedule 7B, an NHS trust shall have power...
17In connection with arrangements relating to community care services ...,...
18Regulations made under paragraph 17 may make such incidental and...
19Before making regulations under paragraph 17, the Secretary of State...
20(1) Without prejudice to the generality of paragraph 16, to...
Status
21An NHS trust shall not be regarded as the servant...
Part III Supplementary Provisions
Reimbursement for health services work carried out otherwise than under contract
22(1) In any case where an NHS trust provides goods...
23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Use and development of land used for religious purposes and burial grounds
24Where land consisting of a church or other building used...
Part IV Dissolution
25(1) The Secretary of State may by order dissolve an...
26(1) If an NHS trust is dissolved under this Part...
27If an NHS trust is dissolved under this Part of...
28An NHS trust may not be dissolved or wound up...
SCHEDULE 7B Financial Provisions relating to NHS Trusts
Borrowing
1(1) Subject to any direction given by the Secretary of...
Guarantees of borrowing
2(1) The Secretary of State may guarantee, in such manner...
Surplus funds
2AIn any financial year the net aggregate amount of sums...
2BIn paragraph 2A above, “ net aggregate amount ” means...
Limits on indebtedness
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Additional public dividend capital
5(1) If the Secretary of State, with the consent of...
Surplus funds
6If it appears to the Secretary of State that any...
Investment
7An NHS trust shall have power to invest money held...
8Any direction with respect to— (a) the power conferred on...
SCHEDULE 8 The Tribunal
1The Tribunal shall consist of— (a) a chairman appointed by...
2A person appointed as the chairman or a deputy chairman...
3Any appointment for the purposes of paragraph 1(c) above shall...
4Any appointment for the purposes of any of sub-paragraphs (d)...
5For the purposes of paragraph 4, the Secretary of State...
6If any member of the Tribunal is unable to act...
7Regulations may make provision— (a) with respect to the appointment,...
8(1) The functions of the Tribunal shall be exercised by...
SCHEDULE 9 Additional Provisions as to Prohibition of Sale of Medical Practices
Prohibition, and certificate of Practices Committee
1(1) Any person who sells or buys the goodwill ....
Certain transactions deemed sale of goodwill
2(1) For the purposes of section 35(1) and paragraph 1,...
Carried-over goodwill
3The fact that a person’s medical practice was previously carried...
SCHEDULE 10 Additional Provisions as to the Control of Maximum Prices for Medical Supplies
Orders and directions
1 Additional Provisions as to the Control of Maximum Prices for Medical Supplies
Notices, authorisations and proof of documents
2 Additional Provisions as to the Control of Maximum Prices for Medical Supplies
Territorial extent
3 Additional Provisions as to the Control of Maximum Prices for Medical Supplies
False documents and false statements
4 Additional Provisions as to the Control of Maximum Prices for Medical Supplies
Restrictions on disclosing information
5 Additional Provisions as to the Control of Maximum Prices for Medical Supplies
Offences by corporations
6 Additional Provisions as to the Control of Maximum Prices for Medical Supplies
Penalties
7 Additional Provisions as to the Control of Maximum Prices for Medical Supplies
Production of documents
8 Additional Provisions as to the Control of Maximum Prices for Medical Supplies
9 Additional Provisions as to the Control of Maximum Prices for Medical Supplies
SCHEDULE 11 Additional Provisions as to Regulations for the Making and Recovery of Charges
Regulations under section 69—charges for drugs, medicines or appliances, or pharmaceutical services
1(1) No charge shall be made under section 69(1) in...
Regulations under section 70—charges for dental or optical appliances
2(1) The optical appliances referred to in section 70(1) are...
2A(1) It shall be the duty of the Secretary of...
Regulations under section 71—charges for dental treatment
3(1) (2) Regulations may vary the amount or the maximum...
Miscellaneous Provisions
4For the purposes of section 39(2) (which provides for the...
5Regulations may provide for the remission or repayment of any...
6For the purposes of sections 69 and 70 and of...
7References in this Schedule to qualifying full-time education mean full-time...
SCHEDULE 12 Inquiries
1The Secretary of State shall appoint a person to hold...
2The Secretary of State or the person appointed to hold...
3The person appointed to hold the inquiry may by notice...
4The person appointed to hold the inquiry may administer oaths...
5Any person who refuses or wilfully neglects to attend in...
6The expenses incurred by the Secretary of State in relation...
7The Secretary of State may make orders as to the...
8Any order by the Secretary of State under paragraph 6...
SCHEDULE 13 Acquisition of Property Other than Land
1Where under this Act, in connection with the acquisition of...
2If any objection is duly made the Secretary of State...
3The property with respect to which a notice is served...
4Where any property is acquired in accordance with this Schedule...
5Where property in respect of which compensation is payable as...
6Any such compensation shall carry interest, as from the time...
7Where any sum by way of compensation is paid in...
SCHEDULE 14 Action not subject to investigation by the Commissioner
1Action taken by medical practitioners, dental practitioners, ophthalmic or dispensing...
2Action taken in connection with the diagnosis of illness or...
3Action taken by a Health Board or a Joint Ophthalmic...
4Action taken in respect of appointments or removals, pay, discipline,...
5Action taken in matters relating to contractual or other commercial...
6Action which has been or is the subject of an...
7Action in relation to which the protective functions of the...
SCHEDULE 15 Transitional Provisions and Savings
General
1(1) In so far as— (a) any agreement, appointment, apportionment,...
2Where any enactment passed before the commencement of this Act,...
3Where any period of time specified in an enactment repealed...
Section 37 of the National Health Service (Scotland) Act 1947
4Notwithstanding the repeal by this Act of section 37 of...
Persons authorised to provide pharmaceutical services
5A person who for three years immediately before 16th December...
Disqualification of practitioners
6Where by virtue of section 43(8) of the National Health...
Section 4 of the Health Services and Public Health Act 1968
7An undertaking given before the coming into force of section...
Compensation of officers
8Notwithstanding the repeal by the National Health Service (Scotland) Act...
Vehicles under section 33 of the Health Services and Public Health Act 1968
9The provision of vehicles as mentioned in section 33 of...
Saving of amendments
10Notwithstanding the repeal by this Act of sections 53 and...
Transfer of property of voluntary organisations
11Notwithstanding the repeal by this Act of section 23(2) of...
Investigations by the Health Service Commissioner for Scotland
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Permission deemed to have been granted under section 9(5) of the Health Services Act 1976
13Where under any arrangements terminated by virtue of section 9(5)...
Borrowing from the Hospital Trust by Boards of Management and Regional Hospital Boards
14Notwithstanding the repeal by this Act of the provisions of...
Health functions of local authorities
15Notwithstanding the repeal by this Act of section 27 of...
SCHEDULE 16 Consequential Amendments of Enactments
The Polish Resettlement Act 1947
1In section 11(3)(b) (application to Scotland), for the words “the...
The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947
2In section 1(1)(d) (compulsory purchase of land by the Secretary...
The National Assistance Act 1948
3(1) In section 47 (removal of persons in need of...
The Law Reform (Personal Injuries) Act 1948
4In seciton 2(4) (measure of damages), for the words “National...
The Children Act 1948
5In section 59(1) (interpretation), in the definition of “hospital", for...
The Nurseries and Child Minders Regulation Act 1948
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Nurses (Scotland) Act 1951
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. . . . . . . . . ....
10. . . . . . . . . ....
11. . . . . . . . . ....
12, 13. . . . . . . . . ....
The Public Bodies (Admission to Meetings) Act 1960
14In paragraph (2) of the Schedule (bodies to which Act...
15—18. . . . . . . . . ....
19. . . . . . . . . ....
The Redundancy Payments Act 1965
20In Schedule 3 (National Health Service Employers), in paragraph 7,...
The National Health Service 1966
21. . . . . . . . . ....
22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23In section 11, for words “1947" substitute the words “1978"....
The Superannuation (Miscellaneous Provisions) Act 1967
24In section 7(5) (superannuation provisions of the National Health Service...
25. . . . . . . . . ....
The Health Services and Public Health Act 1968
26(1) In section 59(2) (extension of power), for the words...
27In section 64 (financial assistance to voluntary organisations)—
28In section 65(6) (assistance by local authorities to voluntary organisations),...
The Social Work (Scotland) Act 1968
29(1) In section 60(1)(f) (control of certain establishments), for the...
The Medicines Act 1968
30In section 131(5) (meaning of certain expressions), for the words...
31In section 132(1) (interpretation), in the definition of “health centre",...
The Post Office Act 1969
32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Chronically Sick and Disabled Persons Act 1970
33In section 17(1) (separation of younger from older patients), for...
34. . . . . . . . . ....
The Tribunals and Inquiries Act 1971
35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Finance Act 1971
36In Schedule 13 (health service agreement) in paragraph 1(1) for...
37. . . . . . . . . ....
The Local Goverment (Scotland) Act 1973
38In section 197 (inspection of documents) for the words “1972"...
The Trade Union and Labour Relations Act 1974
39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Social Security Act 1975
40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Criminal Procedure (Scotland) Act 1975
41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The House of Commons Disqualification Act 1975
42In Schedule 1 in Part II (bodies of which all...
43. . . . . . . . . ....
44. . . . . . . . . ....
The Patents Act 1977
45In section 56(4), in paragraph (a), for the words “Part...
SCHEDULE 17 Repeals

National Health Service (Scotland) Act 1978

1978 c.29

An Act to consolidate certain enactments relating to the national health service in Scotland.

Annotations:
Modifications etc. (not altering text)
C4

By S.I. 1990/2639, art. 4 certain functions of the Secretary of State are made exercisable (1.4.1991) by the Health Education Board for Scotland

Act: extended (15.8.1997) by 1997 c. 46, s. 10(1); S.I. 1997/1780, art. 2(1), Sch.

Act: modified (15.8.1997) by 1997 c. 46, s. 10(2); S.I. 1997/1780, art. 2(1), Sch.

Act: power to restrict conferred (1.4.1998) by 1997 c. 46, s. 13(9), Sch. 1 para. 4(1)(b)(2)(3); S.I. 1998/631, art. 2(a), Sch. 1

Act: power to modify conferred (prosp.) by 1999 c. 8, ss. 61(3)(4), 67(1)

Act: certain functions of the Scottish Ministers made exercisable by the Health Technology Board for Scotland (1.4.2000) by virtue of S.S.I. 2000/47, art. 4

C5

Act: certain functions transferred (31.3.2002) by S.S.I. 2002/103, art. 4(1)(a) (with art. 4(4))