Part V Property and Finance
Finance and accounts
C2 85B C1F1 Schemes for meeting losses and liabilities etc. of certain health service bodies.
1
The Secretary of State may by regulations made with the consent of the Treasury establish a scheme whereby any of the bodies mentioned in subsection (2) may make provision to meet—
a
expenses arising from any loss of or damage to their property; and
b
liabilities to third parties for loss, damage (including solatium) or injury arising out of the carrying out of the functions of the bodies concerned.
2
The bodies referred to in subsection (1) are—
a
Health Boards;
b
the Agency;
c
F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
Special Health BoardsF5;
f
the Mental Welfare Commission for Scotland,
F12g
local authorities; and
h
integration joint boards established by order under section 9(2) of the 2014 Act,
but a scheme under this section may limit the class or description of bodies which are eligible to participate in it.
F82A
The reference—
a
in paragraph (a) of subsection (1) to property of HIS is to be construed as a reference to property held by HIS in connection with the exercise of its health service functions;
b
in paragraph (b) of that subsection to the functions of HIS is to be construed as a reference to the health service functions of that body.
F132B
The reference—
a
in paragraph (a) of subsection (1) to property of a local authority is to be construed as a reference to property held by a local authority in connection with the exercise of its relevant functions;
b
in paragraph (b) of that subsection to the functions of a local authority is to be construed as a reference to the relevant functions of a local authority.
2C
In subsection (2B), “relevant functions” means—
a
integration functions; and
b
such other functions as the Scottish Ministers may by order specify.
2D
In subsection (2C)(a), “integration functions” means functions which in pursuance of an integration scheme under the 2014 Act are—
a
delegated to the authority;
b
to be carried out in conjunction with functions delegated to the authority (that is, functions set out in the integration scheme in pursuance of section 1(3)(c) of that Act); or
c
to be carried out by the authority by virtue of a direction under section 26 of the 2014 Act.
3
Without prejudice to the generality of the power conferred by subsection (1), a scheme under this section may-
a
provide for the scheme to be administered by the Secretary of State, the Agency F9 HIS , or a Health Board or NHS trust specified in the scheme;
b
require any body which participates in the scheme to make payments in accordance with the scheme; and
c
provide for the making of payments for the purposes of the scheme by the Secretary of State.
4
Without prejudice to any other power of direction conferred on the Secretary of State,-
a
if the Secretary of State so directs, any body which is eligible to participate in a scheme shall do so; and
b
where a scheme provides for it to be administered by the Secretary of State, the Agency F10 , HIS or a Health Board or NHS trust shall carry out such functions in connection with the administration of the scheme as the Secretary of State may direct.
F144A
Subsection (4)(a) does not apply in relation to a local authority.
5
Neither the Secretary of State nor any body administering a scheme under this section shall, by virtue of their activities under the scheme, be regarded as F6effecting or carrying out contracts of insurance for the purposes of the Financial Services and Markets Act 2000.
F156
In this section, “the 2014 Act” means the Public Bodies (Joint Working) (Scotland) Act 2014.