Citation and commencement

1.  This Order may be cited as the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2010 and comes into force on the day after the day on which it is made.

Amendment of the list of specified authorities

2.—(1) Schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (the specified authorities)(2) is amended in accordance with the following paragraphs.

(2) In the list headed “National Health Service bodies”, after “Common Services Agency for the Scottish Health Service” insert—

“, but Part 1 does not apply in relation to the appointment of a member by the Scottish Ministers made under Schedule 5 to the National Health Service (Scotland) Act 1978(3) by virtue of the member being—

(a)employed as an officer of the Common Services Agency for the Scottish Health Service,

(b)a member of a body set up by the Common Services Agency for the Scottish Health Service which represents health care professionals, or

(c)a member of a body set up by the Common Services Agency for the Scottish Health Service which represents Common Services Agency for the Scottish Health Service employees.”.

(3) In the list headed “National Health Service Bodies”, after “any Health Board” insert—

“, but Part 1 does not apply in relation to appointments made under Schedule 1 to the National Health Service (Scotland) Act 1978(4) of the following persons to a Health Board—

(a)councillors appointed by the Scottish Ministers following nomination by local authorities in the area of the Health Board;

(b)a member appointed by the Scottish Ministers by virtue of the member—

(i)holding a post in a university with a medical or dental school,

(ii)being employed as an officer of the Health Board,

(iii)being a member of a body set up by a Health Board which represents health care professionals working in the Health Board area,

(iv)being a member of a body set up by a Health Board which represents Health Board employees, or

(v)being a member of a community health partnership established by virtue of section 4A of the National Health Service (Scotland) Act 1978(5).”.

(4) In the list headed “National Health Service bodies”, after “any Special Health Board” insert—

“, but Part 1 does not apply in relation to the appointment of a member by the Scottish Ministers made under Schedule 1 to the National Health Service (Scotland) Act 1978, as applied to each Special Health Board(6) by virtue of the member being—

(i)employed as an officer of the Special Health Board,

(ii)a member of a body set up by a Special Health Board which represents health care professionals, or

(iii)a member of a body set up by a Special Health Board which represents Special Health Board employees.”.

Amendment to the Health Boards (Membership and Elections) (Scotland) Act 2009

3.  Paragraph 2 (the Public Bodies and Public Appointments etc. (Scotland) Act 2003) of the schedule to the Health Boards (Membership and Elections) (Scotland) Act 2009(7) is repealed.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (“the Act”), which lists the specified authorities to which the code of practice published by the Commissioner for Public Appointments in Scotland applies.

Article 2(2) provides that appointments made by Scottish Ministers to the Common Services Agency for the Scottish Health Service by virtue of the member holding a certain office or being a member of certain bodies are not subject to the code of practice.

Article 2(3) provides that appointments made by Scottish Ministers to Health Boards by virtue of nomination by a local authority or by virtue of the member holding a certain office or being a member of certain bodies are not subject to the code of practice.

Article 2(4) provides that appointments made by Scottish Ministers to Special Health Boards by virtue of the member holding a certain office or being a member of certain bodies are not subject to the code of practice.

Article 3 makes a consequential repeal of paragraph 2 of the schedule to the Health Boards (Membership and Elections) (Scotland) Act 2009 which is superseded by these Regulations.