http://www.legislation.gov.uk/ukpga/1978/29/contents/enacted

National Health Service (Scotland) Act 1978

National Health Service (NHS)

Voluntary health services

Health centres

Health education

Health and safety investigations

King's Printer of Acts of Parliament

2019-07-04

National Health Service (Scotland) Act 1978

s. 7

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 8(1)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 9(5)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 9(7)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 10(4)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 12A

National Health Service Reform (Scotland) Act 2004

s. 1(1)

s. 12(1)

National Health Service (Scotland) Act 1978

s. 12AA-12C

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 12D-12G

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 12H(1)

National Health Service Reform (Scotland) Act 2004

sch. 1

para. 1(4)

s. 12(1)

National Health Service (Scotland) Act 1978

s. 13

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 17A(2)(e)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 17D(1)(a)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 17D(2)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 27(1)(b)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 35A

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 73(c)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 74(c) and word

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 75A(1)(d) and word

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 75A(2)

National Health Service Reform (Scotland) Act 2004

sch. 1

para. 1(5)

s. 12(1)

National Health Service (Scotland) Act 1978

s. 77(1)(aa)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 82(2A)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 83(2)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 84(1)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 84(2)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 84(3)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 84A(1)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 84A(2)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 84A(3)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 84A(4)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 84A(5)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 84A(6)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 84A(7)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 85(1)(f)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 85A(4)(a)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 85AA(7)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 85B(2)(d)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 85B(3)(a)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 85B(4)(b)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 86(1)(c) and word

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 86(1B)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 86(3)

National Health Service Reform (Scotland) Act 2004

sch. 1

para. 1(7)

s. 12(1)

National Health Service (Scotland) Act 1978

s. 86(4)

National Health Service Reform (Scotland) Act 2004

sch. 1

para. 1(7)

s. 12(1)

National Health Service (Scotland) Act 1978

s. 101

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 102(4)(b)

National Health Service Reform (Scotland) Act 2004

sch. 1

para. 1(8)

s. 12(1)

National Health Service (Scotland) Act 1978

s. 105(1A)

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 105(4)(b)

National Health Service Reform (Scotland) Act 2004

sch. 1

para. 1(9)

s. 12(1)

National Health Service (Scotland) Act 1978

s. 108

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

Sch. 1

para. 8A

National Health Service Reform (Scotland) Act 2004

sch. 1

para. 1(10)

s. 12(1)

National Health Service (Scotland) Act 1978

Sch. 5

para. 8A

National Health Service Reform (Scotland) Act 2004

sch. 1

para. 1(11)

s. 12(1)

National Health Service (Scotland) Act 1978

Sch. 7A

National Health Service Reform (Scotland) Act 2004

s. 1(1)

s. 12(1)

National Health Service (Scotland) Act 1978

Sch. 7B

National Health Service Reform (Scotland) Act 2004

sch. 2

s. 12(1)

National Health Service (Scotland) Act 1978

s. 17Y and cross heading

Smoking, Health and Social Care (Scotland) Act 2005

s. 24

s. 43(3)

National Health Service (Scotland) Act 1978

s. 17W and cross-heading

Smoking, Health and Social Care (Scotland) Act 2005

s. 22

s. 43(3)

National Health Service (Scotland) Act 1978

s. 17X and cross-heading

Smoking, Health and Social Care (Scotland) Act 2005

s. 23

s. 43(3)

National Health Service (Scotland) Act 1978

s. 17Q-17V and cross-heading

Smoking, Health and Social Care (Scotland) Act 2005

s. 21

s. 43(3)

National Health Service (Scotland) Act 1978

s. 2CA

2CB

Smoking, Health and Social Care (Scotland) Act 2005

s. 20(2)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 17AA(1)

Smoking, Health and Social Care (Scotland) Act 2005

s. 25(2)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 17AA(3)

Smoking, Health and Social Care (Scotland) Act 2005

s. 25(3)(a)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 17AA(3)

Smoking, Health and Social Care (Scotland) Act 2005

s. 25(3)(b)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 17C(2A)(b)(ii)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 2

para. 2(6)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 17C(6)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 3

s. 43(3)

National Health Service (Scotland) Act 1978

s. 17D(1)(b)(vi)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 2

para. 2(7)(a)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 17D(2)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 2

para. 2(7)(b)(i)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 17D(2)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 2

para. 2(7)(b)(ii)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 17D(2)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 2

para. 2(7)(b)(iii)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 17D(2)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 2

para. 2(7)(b)(iv)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 17D(2)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 2

para. 2(7)(b)(v)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 17F

Smoking, Health and Social Care (Scotland) Act 2005

s. 18

s. 43(3)

National Health Service (Scotland) Act 1978

s. 18

Smoking, Health and Social Care (Scotland) Act 2005

s. 20(3)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 25(3)-(5)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 3

s. 43(3)

National Health Service (Scotland) Act 1978

s. 27-28

Smoking, Health and Social Care (Scotland) Act 2005

sch. 3

s. 43(3)

National Health Service (Scotland) Act 1978

s. 28A(1)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 2

para. 2(8)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 28B(6)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 3

s. 43(3)

National Health Service (Scotland) Act 1978

s. 28C(3)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 2

para. 2(9)(a)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 28C(3)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 2

para. 2(9)(b)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 29A(2)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 3

s. 43(3)

National Health Service (Scotland) Act 1978

s. 70(1)

Smoking, Health and Social Care (Scotland) Act 2005

s. 14(2)(a)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 70(1A)

Smoking, Health and Social Care (Scotland) Act 2005

s. 14(2)(b)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 70(2)

Smoking, Health and Social Care (Scotland) Act 2005

s. 14(2)(c)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 70A(2)

Smoking, Health and Social Care (Scotland) Act 2005

s. 14(3)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 71(1)

Smoking, Health and Social Care (Scotland) Act 2005

s. 14(4)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 71A

Smoking, Health and Social Care (Scotland) Act 2005

s. 14(5)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 85AA(2)(b)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 2

para. 2(17)(a)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 85AA(4)(a)(ii)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 2

para. 2(17)(b)(i)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 85AA(4)(c)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 2

para. 2(17)(b)(ii)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 85AA(4)(e)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 2

para. 2(17)(b)(ii)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 85AA(5)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 2

para. 2(17)(c)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 85AA(11)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 3

s. 43(3)

National Health Service (Scotland) Act 1978

s. 85AB(6)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 2

para. 2(18)(a)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 85AB(6)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 3

s. 43(3)

National Health Service (Scotland) Act 1978

s. 85AB(7)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 2

para. 2(18)(b)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 108(1)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 2

para. 2(19)(a)(i)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 108(1)

Smoking, Health and Social Care (Scotland) Act 2005

sch. 2

para. 2(19)(a)(iii)

s. 43(3)

National Health Service (Scotland) Act 1978

Sch. 11

para. 2(1A)

Smoking, Health and Social Care (Scotland) Act 2005

s. 14(6)(a)

s. 43(3)

National Health Service (Scotland) Act 1978

Sch. 11

para. 2(2)(a)

Smoking, Health and Social Care (Scotland) Act 2005

s. 14(6)(b)

s. 43(3)

National Health Service (Scotland) Act 1978

Sch. 11

para. 2(3)

Smoking, Health and Social Care (Scotland) Act 2005

s. 14(6)(c)

s. 43(3)

National Health Service (Scotland) Act 1978

Sch. 11

para. 2(4)

Smoking, Health and Social Care (Scotland) Act 2005

s. 14(6)(d)

s. 43(3)

National Health Service (Scotland) Act 1978

s. 16A(5)

Community Care and Health (Scotland) Act 2002

Sch. 2

para. 2(2)

s. 27(2)

National Health Service (Scotland) Act 1978

s. 19(7)

(7A)

The Medical Act 1983 (Amendment) Order 2002

Sch. 1

para. 9

Sch. 2

art. 1(2)

(3)

National Health Service (Scotland) Act 1978

s. 85B(2)

Community Care and Health (Scotland) Act 2002

s. 21(a)

s. 27(2)

National Health Service (Scotland) Act 1978

s. 85B(2)(f) and word

Community Care and Health (Scotland) Act 2002

s. 21(b)

s. 27(2)

National Health Service (Scotland) Act 1978

Sch. 7A

para. 17

Community Care and Health (Scotland) Act 2002

Sch. 2

para. 2(13)

s. 27(2)

National Health Service (Scotland) Act 1978

s. 70A

National Health Service (Primary Care) Act 1997

s. 26(2)

s. 41(3)

National Health Service (Scotland) Act 1978

s. 17EB(1)(a)

The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

Sch. 9

para. 3(b)(i)

art. 1(2)

(3)

National Health Service (Scotland) Act 1978

s. 17EB(1)(b)

The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

Sch. 9

para. 3(b)(ii)

art. 1(2)

(3)

National Health Service (Scotland) Act 1978

s. 17EB(2)

(3)

The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

Sch. 9

para. 3(b)(ii)

art. 1(2)

(3)

National Health Service (Scotland) Act 1978

s. 19A(2)(b)

Public Appointments and Public Bodies etc. (Scotland) Act 2003

sch. 4

para. 5(4)

s. 21(2)

National Health Service (Scotland) Act 1978

s. 19B(2)(a)

Public Appointments and Public Bodies etc. (Scotland) Act 2003

sch. 4

para. 5(5)(a)

s. 21(2)

National Health Service (Scotland) Act 1978

s. 19B(2)(b)

Public Appointments and Public Bodies etc. (Scotland) Act 2003

sch. 4

para. 5(5)(b)

s. 21(2)

National Health Service (Scotland) Act 1978

s. 19B(2)(c)

Public Appointments and Public Bodies etc. (Scotland) Act 2003

sch. 4

para. 5(5)(c)

s. 21(2)

National Health Service (Scotland) Act 1978

s. 19B(2)(e)

Public Appointments and Public Bodies etc. (Scotland) Act 2003

sch. 4

para. 5(5)(d)

s. 21(2)

National Health Service (Scotland) Act 1978

s. 20(1)

Public Appointments and Public Bodies etc. (Scotland) Act 2003

sch. 4

para. 5(6)(a)

s. 21(2)

National Health Service (Scotland) Act 1978

s. 20(1A)

Public Appointments and Public Bodies etc. (Scotland) Act 2003

sch. 4

para. 5(6)(b)(i)

s. 21(2)

National Health Service (Scotland) Act 1978

s. 20(1A)

Public Appointments and Public Bodies etc. (Scotland) Act 2003

sch. 4

para. 5(6)(b)(ii)

s. 21(2)

National Health Service (Scotland) Act 1978

s. 20(1A)

Public Appointments and Public Bodies etc. (Scotland) Act 2003

sch. 4

para. 5(6)(b)(iii)

s. 21(2)

National Health Service (Scotland) Act 1978

s. 21

22

The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

Sch. 9

para. 3(c)

art. 1(2)

(3)

National Health Service (Scotland) Act 1978

s. 21(1)

Public Appointments and Public Bodies etc. (Scotland) Act 2003

sch. 4

para. 5(7)

s. 21(2)

National Health Service (Scotland) Act 1978

s. 22

Public Appointments and Public Bodies etc. (Scotland) Act 2003

sch. 4

para. 5(8)

s. 21(2)

National Health Service (Scotland) Act 1978

s. 23(1B)

Public Appointments and Public Bodies etc. (Scotland) Act 2003

sch. 4

para. 5(9)

s. 21(2)

National Health Service (Scotland) Act 1978

s. 23(4)

The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

Sch. 9

para. 3(d)

art. 1(2)

(3)

National Health Service (Scotland) Act 1978

s. 24C(1)(a)

The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

Sch. 9

para. 3(e)(i)

art. 1(2)

(3)

National Health Service (Scotland) Act 1978

s. 24C(1)(b)

The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

Sch. 9

para. 3(e)(ii)

art. 1(2)

(3)

National Health Service (Scotland) Act 1978

s. 24C(2)

(3)

The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

Sch. 9

para. 3(e)(ii)

art. 1(2)

(3)

National Health Service (Scotland) Act 1978

s. 17A(2)(k)

Health and Social Care Act 2012

Sch. 21

para. 2(3)(f)

s. 306(4)

National Health Service (Scotland) Act 1978

s. 17D(2)

Health and Social Care Act 2012

Sch. 21

para. 4(b)

s. 306(4)

National Health Service (Scotland) Act 1978

s. 17S(1A)

Health Act 2006

s. 36(2)

s. 83(5)(b)

(7)

National Health Service (Scotland) Act 1978

Sch. 7

para. 5

Trusts and Succession (Scotland) Act 2024

Sch. 1

para. 12

s. 88(3)

National Health Service (Scotland) Act 1978

PART IOrganisation

Secretary of State

1General duty of Secretary of State

Administrative bodies

3Scottish Medical Practices Committee

4Scottish Dental Estimates Board

National advisory bodies

5Scottish Health Service Planning Council

6National Consultative Committees

Local advisory bodies

7Local health councils

8University Liaison Committees

9Local consultative committees

Agency for Secretary of State and other bodies

10Common Services Agency

11Scottish Hospital Trust

12Scottish Hospital Endowments Research Trust

Co-operation and assistance

13Co-operation between Health Boards and other authorities

14Designated medical officers

15Supply of goods and services to local authorities, etc.

16Assistance to voluntary organisations

17Furnishing of overseas aid by Health Boards and the Agency

PART IIProvision of Services

General services

18Duty of Secretary of State

General medical services

19Arrangements and regulations for general medical services

20Applications to provide general medical services

21Requirement of suitable experience

22Regulations as to section 21

23Distribution of general medical services

24Regulations for Medical Practices Committee

General dental services

25Arrangements for provision of general dental services

General ophthalmic services

26Arrangements for provision of general ophthalmic services

Pharmaceutical services

27Arrangements for provision of pharmaceutical services

28Persons authorised to provide pharmaceutical services

Provisions as to disqualification of practitioners

29Disqualification of persons providing services

30Removal of disqualification

31Disqualification provisions in England or Wales or Northern Ireland

32Regulations as to sections 29 to 31

Supplementary provisions relating to Part II

33Powers of Secretary of State where services are inadequate

34Exercise of choice of medical practitioner, etc., in certain cases

35Prohibition of sale of medical practices

PART IIIOther Services and Facilities

36Accommodation and services

37Prevention of illness, care and after-care

38Care of mothers and young children

39Medical and dental inspection, supervision and treatment of pupils and young persons

40Vaccination and immunisation

41Family planning

42Health education

43Control of spread of infectious disease

44Supplies of blood and other substances

46Provision of vehicles for persons suffering from physical defect or disability

47Educational and research facilities

48Residential and practice accommodation

PART IVPowers of the Secretary of State

Control of maximum prices for medical supplies

49Maximum 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

50Additional powers as to accommodation and services

51Section 50 power in relation to private patients

52Additional provision as to charges under section 50

53Additional powers as to disposal and production of goods

54Restriction of powers under sections 44, 50 and 53

Further provisions as to payments by patients for health service accommodation and services

55Hospital accommodation on part payment

56Expenses payable by remuneratively employed resident patients

57Accommodation and services for private resident patients

58Accommodation and services for private non-resident patients

Withdrawal of health service pay beds and services from private patients

59Withdrawal of facilities available for private patients

60Revocation of authorisations under section 57 or section 58

61Further provisions as to revocation of section 58 authorisations

62Principles as to proposals under section 60 or section 61

63Restrictions on authorisations under section 57 or section 58

Use by practitioners of health service accommodation and facilities for private practice

64Permission for use of facilities in private practice

Information and reports

65Information for Health Services Board

66Publication of matters under sections 60 and 63

67Reports on extent of facilities for private patients

68" Common waiting lists "

Regulations as to certain charges

69Charges for drugs, medicines or appliances or pharmaceutical services

70Charges for dental or optical appliances

71Charges for dental treatment

72Charges in respect of services etc. provided under sections 37, 38 and 41

73Charges for more expensive supplies

74Charges for repairs and replacements in certain cases

75Sums otherwise payable to those providing services

Inquiries, and default and emergency powers

77Default powers

78Emergency powers

PART VProperty and Finance

Land and other property

79Purchase of land and moveable property

80Transferred property free of trusts

81Power of voluntary organisations to transfer property to Secretary of State

82Use and administration of certain endowments and other property held by Health Boards

83Power of Health Boards and local health councils to hold property on trust

84Power of trustees to make payments to Health Boards

Finance and accounts

85Expenses of certain bodies and travelling expenses and receipts

86Accounts of Health Boards and the Agency

87Regulation of financial arrangements of Health Boards, the Agency and the Dental Estimates Board

Remuneration, allowances and superannuation

88Payment of allowances and remuneration to members of certain bodies connected with the health services

89Superannuation of officers of certain hospitals

PART VIThe Health Service Commissioner for Scotland

90Appointment of Commissioner and tenure of office

91Salary and pension of Commissioner

92Administrative provisions

93Bodies and action subject to investigation

94Provisions relating to complaints

95Application of certain provisions of the Parliamentary Commissioner Act 1967

96Reports by Commissioner

97Interpretation of Part VI

PART VIIMiscellaneous and Supplementary

98Charges in respect of non-residents

99Evasion of charges

100Accommodation for persons displaced in course of development

101Protection of Health Boards and Common Services Agency

102State hospitals

104Exemption from stamp duty

105Orders, regulations and directions

106Supplementary regulatory powers

107Local enactments

108Interpretation and construction

109Transitional provisions and savings, consequential amendments and repeals

110Citation, extent and commencement

SCHEDULE 1Health Boards

PART IConstitution

1A Health Board shall be a body corporate and shall...

2A Health Board shall consist of a chairman appointed by...

3Appointments under paragraph 2 shall be made after consultation with...

4The Secretary of State may pay to the chairman of...

5A Health Board may employ such officers and servants on...

6Regulations may make provision with respect to the method of...

7No officer or servant of a Health Board to whom...

8Regulations under paragraph 6 shall not contain a requirement that...

9The application of the seal of a Health Board to...

10Every document purporting to be an instrument issued by a...

PART IISupplementary provisions

11Regulations may make provision— (a) as to the appointment, tenure...

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 2The Medical Practices Committee

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 3The Planning Council

1The Planning Council shall consist of a chairman appointed by...

2The Secretary of State shall have power to appoint a...

3Regulations may make provision for— (a) the appointment, tenure and...

4The proceedings of the Council or of any committee thereof...

5The Secretary of State shall pay to members of the...

6Allowances shall not be paid under paragraph 5 except in...

7The Secretary of State shall have power, after consultation with...

SCHEDULE 4University Liaison Committees

SCHEDULE 5The 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...

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...

8Regulations may make provision with respect to—

9No officer or servant of the Agency to whom regulations...

10The application of the seal of the Agency to any...

11Every document purporting to be an instrument issued by the...

12The Secretary of State may exercise the powers conferred by...

SCHEDULE 6The Hospital Trust

PART IConstitution

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...

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 7The Research Trust

1The Research Trust shall consist of a chairman appointed by...

2The Research Trust shall be a body corporate.

3The Secretary of State may make regulations for—

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...

7The proceedings of the Research Trust shall not be invalidated...

SCHEDULE 8The Tribunal

1The Tribunal for the purposes of section 29 shall consist...

2The chairman shall be a practising advocate or solicitor of...

3One of the other members shall be a person appointed...

4The remaining member (hereafter referred to as "the practitioner member...

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,...

SCHEDULE 9Additional 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, or...

Certain transactions deemed sale of goodwill

2(1) Where— (a) any medical practitioner or his personal representative...

SCHEDULE 10Additional Provisions as to the Control of Maximum Prices for Medical Supplies

Orders and directions

1(1) Any power of making orders under section 49 includes...

Notices, authorisations and proof of documents

2(1) A notice to be served on any person for...

Territorial extent

3So far as any provisions contained in or having effect...

False documents and false statements

4(1) A person shall not, with intent to deceive—

Restrictions on disclosing information

5No person who obtains any information by virtue of section...

Offences by corporations

6Where an offence under this Schedule committed by a body...

7(1) If any person contravenes or fails to comply with...

Production of documents

8(1) For the purposes— (a) of securing compliance with any...

9(1) If a sheriff, magistrate or justice of the peace...

SCHEDULE 11Additional 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 dental and optical appliances mentioned in the first...

Regulations under section 71—charges for dental treatment

3(1) The amount of the charge payable under section 71(1)...

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...

SCHEDULE 12Inquiries

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 13Acquisition 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 14Action not subject to investigation by the Commissioner

1Action taken by medical practitioners, denial practitioners, ophthalmic or dispensing...

2Action taken in connection with the diagnosis of illness or...

3Action taken by a Health Board or an Executive Council...

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 15Transitional Provisions and Savings

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

12Notwithstanding the dissolution by the National Health Service (Scotland) Act...

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 16Consequential Amendments of Enactments

The Polish Resettlement Act 1947

1In section 11(3)(b) (application to Scotland), for the words "...

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 section 2(4) (measure of damages), for the words "...

The Children Act 1948

5In section 59(1) (interpretation), in the definition of "hospital for...

The Nurseries and Child Minders Regulation Act 1948

6In section 13(2) (interpretation), in the definition of " hospital",...

The Nurses (Scotland) Act 1951

7In section 22 (expenditure of training nurses), in subsection (1),...

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

8In Schedule 2 (relevant service), in item 15, for the...

The Medical Act 1956

9(1) In section 16(1) (employment in health centres), for the...

The Dentists Act 1957

10In section 42(4) (restrictions on employment of ancillary dental workers),...

The Opticians Act 1958

11(1) In section 21(2) (restrictions on supply and sale and...

The Mental Health (Scotland) Act 1960

12In section 27 (medical recommendations), in paragraph (c), for the...

13(1) In section 101(2) (pocket money for patients), for the...

The Public Bodies (Admission to Meetings) Act 1960

14In paragraph (2) of the Schedule (bodies to which Act...

The Education (Scotland) Act 1962

15In section 57 (regulations as to medical and dental examination...

16In section 58(2) (medical inspection of pupils and young persons),...

17In section 58A(2) (dental inspection of pupils and young persons),...

18In section 145(22A) (interpretation), for the words "section 13" and...

The Emergency Laws (Re-enactments and Repeals) Act 1964

19In section 15 (interpretation), for the words " 1947 to...

The Redundancy Payments Act 1965

20In Schedule 3 (National Health Service Employers), in paragraph 7,...

The National Health Service Act 1966

21In section 2(1), for the words " 1947 " substitute...

22In section 10— (a) in subsection (1), for the words...

23In section 11, for the words " 1947" substitute the...

The Superannuation (Miscellaneous Provisions) Act 1967

24In section 7(5) (superannuation provisions of the National Health Service...

The Abortion Act 1967

25In section 6 (interpretation), for the words " National Health...

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...

The Post Office Act 1969

32In section 86(1) (interpretation), in paragraph (b) of the definition...

The Chronically Sick and Disabled Persons Act 1970

33In section 17(1) (separation of younger from older patients), for...

The Vehicles and Excise Act 1971

34In section 7(2) (miscellaneous exemptions from duty), in paragraph (b),...

The Tribunals and Inquiries Act 1971

35In paragraph 41 of Part II of Schedule 1 (tribunals...

The Finance Act 1971

36In Schedule 13 (health service agreement) in paragraph 1(1) for...

The Finance Act 1972

37In section 70 (disabled person's vehicle maintenance grant), for the...

The Local Government (Scotland) Act 1973

38In section 197 (inspection of documents) for the words "...

The Trade Union and Labour Relations Act 1974

39In section 30(2) (interpretation), in paragraph (a), for the words...

The Social Security Act 1975

40In section 37A(6) (mobility allowance), in paragraph (a) for the...

The Criminal Procedure (Scotland) Act 1975

41In section 462 (interpretation), in the definition of " hospital...

The House of Commons Disqualification Act 1975

42In Schedule 1 in Part II (bodies of which all...

The Health Services Act 1976

43In section 23 (interpretation), in the definition of "the National...

The Social Security (Miscellaneous Provisions) Act 1977

44In section 13(3), in paragraph (a), for the words "...

The Patents Act 1977

45In section 56(4), in paragraph (a), for the words "...

SCHEDULE 17Repeals

National Health Service (Scotland) Act 1978

1978 Chapter 29

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

[20th July 1978]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—