http://www.legislation.gov.uk/ukpga/1978/29/section/10HNational Health Service (Scotland) Act 1978An Act to consolidate certain enactments relating to the national health service in Scotland.1980-10-01texttext/xmlenStatute Law Database2026-08-04Expert Participation2026-07-22 National Health Service (Scotland) Act 1978s. 70A(2)Smoking, Health and Social Care (Scotland) Act 2005s. 14(3)s. 43(3)National Health Service (Scotland) Act 1978s. 85AB(7)Smoking, Health and Social Care (Scotland) Act 2005sch. 2 para. 2(18)(b)s. 43(3)National Health Service (Scotland) Act 1978Sch. 11 para. 2(1A)Smoking, Health and Social Care (Scotland) Act 2005s. 14(6)(a)s. 43(3)National Health Service (Scotland) Act 1978s. 16A(5)Community Care and Health (Scotland) Act 2002Sch. 2 para. 2(2)s. 27(2)National Health Service (Scotland) Act 1978s. 70ANational Health Service (Primary Care) Act 1997s. 26(2)s. 41(3)National Health Service (Scotland) Act 1978s. 19A(2)(b)Public Appointments and Public Bodies etc. (Scotland) Act 2003sch. 4 para. 5(4)s. 21(2)National Health Service (Scotland) Act 1978s. 19B(2)(a)Public Appointments and Public Bodies etc. (Scotland) Act 2003sch. 4 para. 5(5)(a)s. 21(2)National Health Service (Scotland) Act 1978s. 19B(2)(b)Public Appointments and Public Bodies etc. (Scotland) Act 2003sch. 4 para. 5(5)(b)s. 21(2)National Health Service (Scotland) Act 1978s. 19B(2)(c)Public Appointments and Public Bodies etc. (Scotland) Act 2003sch. 4 para. 5(5)(c)s. 21(2)National Health Service (Scotland) Act 1978s. 19B(2)(e)Public Appointments and Public Bodies etc. (Scotland) Act 2003sch. 4 para. 5(5)(d)s. 21(2) Part I10H1The Scottish Ministers may prepare and publish standards and outcomes applicable to—aservices provided under the health service or under the 2021 Act;bindependent health care services.2The Scottish Ministers must keep any standards and outcomes so published under review and may under subsection (1) publish amended standards and outcomes whenever they consider it appropriate to do so.3Before publishing under subsection (1) any—astandards and outcomes;bamended standards and outcomes which in the opinion of the Scottish Ministers are substantially different from the standards and outcomes (or amended standards and outcomes) last so published,the Scottish Ministers must consult such persons, or groups of persons, as they consider appropriate.4In relation to a service provided under the health service or under the 2021 Act, or an independent health care service, any applicable standards and outcomes published under subsection (1) must be taken into account—aby HIS in making any decision under this Part;bin any proceedings on an appeal under section 10Z4; andcin any proceedings for an offence in relation to registration under section 10P.5The Scottish Ministers may make different provision for different services under subsection (1).6The Scottish Ministers may delegate their functions under subsections (1) to (3) to HIS or such other persons as they consider appropriate.Pt. 1 applied (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 1 (with art. 4(4)(5))Words in s. 10H(1)(a) inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 1(4)(a) (with s. 3); S.S.I. 2022/24, reg. 2Words in s. 10H(4) inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 1(4)(b) (with s. 3); S.S.I. 2022/24, reg. 2Ss. 10A-10Z19 and cross-headings inserted (1.8.2010 for the insertion of s. 10A for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 for specified purposes, 1.4.2016 for specified purposes with the exception of the insertion of s. 10Z9(1)(a), 1.4.2017 for specified purposes, 19.6.2024 for specified purposes with the exception of the insertion of s. 10Z9(1)(a), 19.6.2025 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 108, 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.; S.S.I. 2016/22, art. 2(1)(2), sch. 1, sch. 2; S.S.I. 2024/131, art. 2, sch. 1, sch. 2