EXPLANATORY NOTE
(This note is not part of the Order)
This Order specifies functions of the Scottish Ministers for the purposes of section 93(1) of the Scotland Act 1998. Section 93(1) allows a Minister of the Crown to make arrangements for any of that Minister’s specified functions to be exercised on that Minister’s behalf by the Scottish Ministers and allows the Scottish Ministers to make arrangements for any of their specified functions to be exercised on their behalf by a Minister of the Crown.
This Order, which extends to the whole of the United Kingdom, is concerned solely with agency arrangements between Ministers of the Crown and the Scottish Ministers.
Article 2, for the purposes of section 93(1) of the Scotland Act 1998, specifies the functions (subject to such limitations in that article) of the Scottish Ministers under:
various sections of the National Health Service (Scotland) Act 1978;
section 7 of the Health and Medicines Act 1988, which confers the function of being able to make more income available for improving the health service; and
section 1 of the Public Health etc. (Scotland) Act 2008, which confers the function of protecting public health in Scotland;
all in so far as those functions may be exercised by Scottish Ministers to enter into contracts to secure the provision of equipment, goods or services for the health service.