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National Health Service (Scotland) Act 1978
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Changes over time for: Section 79
Changes to legislation:
National Health Service (Scotland) Act 1978, Section 79 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 16A(5) added by 2002 asp 5 Sch. 2 para. 2(2)
- s. 19A(2)(b) words repealed by 2003 asp 4 sch. 4 para. 5(4) (This amendment not applied to legislation.gov.uk. Sch. 4 para. 5(4)-(9) omitted (1.4.2004) by virtue of S.S.I. 2004/167, Sch. para. 7)
- s. 19B(2)(a) words substituted by 2003 asp 4 sch. 4 para. 5(5)(a) (This amendment not applied to legislation.gov.uk. Sch. 4 para. 5(4)-(9) omitted (1.4.2004) by virtue of S.S.I. 2004/167, Sch. para. 7)
- s. 19B(2)(b) substituted by 2003 asp 4 sch. 4 para. 5(5)(b) (This amendment not applied to legislation.gov.uk. Sch. 4 para. 5(4)-(9) omitted (1.4.2004) by virtue of S.S.I. 2004/167, Sch. para. 7)
- s. 19B(2)(c) words substituted by 2003 asp 4 sch. 4 para. 5(5)(c) (This amendment not applied to legislation.gov.uk. Sch. 4 para. 5(4)-(9) omitted (1.4.2004) by virtue of S.S.I. 2004/167, Sch. para. 7)
- s. 19B(2)(e) word substituted by 2003 asp 4 sch. 4 para. 5(5)(d) (This amendment not applied to legislation.gov.uk. Sch. 4 para. 5(4)-(9) omitted (1.4.2004) by virtue of S.S.I. 2004/167, Sch. para. 7)
- s. 70A inserted by 1997 c. 46 s. 26(2)
- s. 70A(2) word substituted by 2005 asp 13 s. 14(3)
- s. 85AB(7) inserted by 2005 asp 13 sch. 2 para. 2(18)(b)
- Sch. 11 para. 2(1A) inserted by 2005 asp 13 s. 14(6)(a)
79 Purchase of land and moveable property.S
(1)The Secretary of State may purchase by agreement any moveable property and, by agreement or compulsorily, any land which he considers is required for the purposes of any service under this Act [F1or under the 2021 Act] [F2and may take any such property or land on lease,], and may use for those purposes any property, heritable or moveable, acquired by him or on his behalf under this Act.
[F3(1A)Without prejudice to any other power of disposal, the Secretary of State may dispose of any land which he considers is no longer required for the purposes of any service under this Act [F4or under the 2021 Act] F5...]
(2)Where the Secretary of State acquires premises under subsection (1) [F6other than on lease] he may acquire compulsorily, in accordance with Schedule 13, any equipment, furniture or other moveable property used in or in connection with the premises.
[F7(2A)For the avoidance of doubt, the power to use heritable property conferred by subsection (1), and the power to dispose of land conferred by subsection (1A), include power to let the property or, as the case may be, land.]
(3)Any Health Board [F8, the Agency or (in connection with the exercise of its health service functions only) HIS] may acquire on behalf of the Secretary of State any moveable property which may be required for the purposes aforesaid.
(4)For the purpose of the purchase of land by agreement by the Secretary of State—
(a)the Lands Clauses Acts (except so much thereof as relates to the acquisition of land otherwise than by agreement, and the provisions relating to access to the special Act, and except sections 120 to 125 of the M1Lands Clauses Consolidation (Scotland) Act 1845), and
(b)section 6 and sections 70 to 78 of the M2Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the M3Mines (Working Facilities and Support) Act 1923),
are hereby incorporated with this section; and in construing those Acts for the purposes of this section, this section shall be deemed to be the special Act and the Secretary of State shall be deemed to be the promoter of the undertaking.
Textual Amendments
F1Words in s. 79(1) inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 1(11)(a) (with s. 3); S.S.I. 2022/24, reg. 2
F2Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(15)(a)
F3S. 79(1A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 14(2), Sch. 7 para. 3
F4Words in s. 79(1A) inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 1(11)(b) (with s. 3); S.S.I. 2022/24, reg. 2
F5Words in s. 79(1A) repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3))
F6Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(15)(b)
F7S. 79(2A) inserted (30.9.2004) by National Health Service Reform (Scotland) Act 2004 (asp 7), ss. 11, 12(1), Sch. 1 para. 1(6); S.S.I. 2004/361, art. 2(b)(iv)
F8Words in s. 79(3) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 11; S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 79(1) extended by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 91(6)
C2By S.I. 1990/2369, art. 4(2)(c) certain functions of the Secretary of State under s. 79(1) are made exercisable (1.4.1991) by the Health Education Board for Scotland
C3S. 79(1): functions transferred (27.6.2002) by S.S.I. 2002/305, art. 4(2)(i) (with art. 4(4))
S. 79(1): functions transferred (31.3.2002) by S.S.I. 2002/103, art. 4(2)(c) (with art. 4(4))
C4S. 79(1A) applied (1.4.1991) by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I (which amendment fell on 1.4.2003 by virtue of the omission of the amending provision by S.S.I. 2003/154, art. 6(b))
C5By S.I. 1990/2369, art. 4(2)(d) certain functions of the Secretary of State under s. 79(1A) (see entry above) are made exercisable by the Health Education Board for Scotland
C6S. 79(1A)(3) applied (with modifications) (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)
S. 79(1A)(3) applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)
S. 79(1A)(3) applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I
S. 79(1A)(3) applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I
S. 79(1A)(3) applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I
S. 79(1A)(3) applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I
S. 79(1A)(3) applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))
S. 79(1A)(3) applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))
C7S. 79(3) applied (1.4.1991) by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I
C8S. 79(3) 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))
Marginal Citations
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