National Health Service (Scotland) Act 1978

[F1 12IM Reporting on staffing S

(1) Before the end of the period of 1 month beginning with the last day of each financial year, every Health Board and the Agency must publish, and submit to the Scottish Ministers, a report setting out how during that financial year it has carried out its duties under—

(a) section 12IA (including reference to the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles etc. in health care staffing and planning),

(b) section 12IC,

(c) section 12ID,

(d) section 12IE,

(e) section 12IF,

(f) section 12IH,

(g) section 12II,

(h) section 12IJ, and

(i) section 12IL.

(2) Following the receipt of such reports from every Health Board and the Agency and before the beginning of the next financial year, the Scottish Ministers must—

(a) collate the reports submitted to them under subsection (1) into a combined report for the year to which the reports relate,

(b) lay that combined report before the Scottish Parliament, and

(c) lay an accompanying statement setting out how they have taken into account and plan to take into account, in their policies for the staffing of the health service, the information included in the combined report.

(3) Information provided under subsection (1) must set out—

(a) whether each Health Board or the Agency has faced any challenges or risk in carrying out its duties under—

(i) section 12IA (including reference to the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles etc. in health care staffing and planning),

(ii) section 12IJ, and

(iii) section 12IL, and

(b) the steps the Health Board or the Agency will take to address such challenges.

(4) As soon as reasonably practicable after the end of each financial year, the Scottish Ministers must publish a report (in such manner as they consider appropriate) setting out how each Health Board and the Agency has carried out its duties under—

(a) section 12IA (including reference to the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles etc. in health care staffing and planning),

(b) section 12IJ, and

(c) section 12IL.

(5) A report under subsection (4) must set out—

(a) whether the Scottish Ministers have identified any challenges or risk faced by the Health Board or the Agency in carrying out its duties under—

(i) section 12IA (including reference to the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles etc. in health care staffing and planning),

(ii) section 12IJ, and

(iii) section 12IL, and

(b) the steps that the Scottish Ministers will take as a result.

(6) The Scottish Ministers must lay before the Parliament—

(a) a summary and evaluation of the information submitted to them under subsection (1), and

(b) a report under subsection (4).]

Textual Amendments

F1 Ss. 12IA-12IO and cross-heading inserted (15.5.2023 for specified purposes, 6.2.2024 for specified purposes, 1.4.2024 for specified purposes) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 4(2), 15(2); S.S.I. 2023/131, reg. 2, sch.; S.S.I. 2024/20, reg. 2(1)(2)

Modifications etc. (not altering text)

C1 Ss. 12IL-12IN applied by S.S.I. 2002/305, art. 5, sch. Pt. 1 (as amended (15.5.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(11), 15(2); S.S.I. 2023/131, reg. 2, sch.; S.S.I. 2024/20, reg. 2(2))

C2 Ss. 12IL-12IN applied by S.S.I. 2001/137, art. 5, sch. Pt. 1 (as amended (15.5.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(8), 15(2); S.S.I. 2023/131, reg. 2, sch.; S.S.I. 2024/20, reg. 2(2))

C3 Ss. 12IL-12IN applied by S.I. 1995/574, art. 5, Sch. Pt. 1 (as amended (15.5.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(2), 15(2); S.S.I. 2023/131, reg. 2, sch.; S.S.I. 2024/20, reg. 2(2))

C4 S. 12IM applied (1.4.2024) by S.I. 1999/686, art. 5, Sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(5), 15(2); S.S.I. 2024/20, reg. 2(2))