SCHEDULES

Sections 13 and 15.

SCHEDULE 1Health Boards and University Liaison Committees

PART IHealth Boards

1A Health Board shall be a body corporate and shall have a common seal.

2A Health Board shall consist of a chairman appointed by the Secretary of State and such number of other members so appointed as the Secretary of State thinks fit.

3Appointments under paragraph 2 above shall be made after consultation with the following bodies—

(a)county councils and town councils of large burghs (within the meaning of the [1947 c. 43.] Local Government (Scotland) Act 1947) in the area of the Health Board concerned ;

(b)any university appearing to the Secretary of State to have an interest in the provision of health services in that area;

(c)such organisations as the Secretary of State may recognise as representative in that area of the medical, dental, nursing, pharmaceutical and ophthalmic professions and such other professions as the Secretary of State considers appropriate, or of those professions generally ; and

(d)such other organisations as appear to the Secretary of Stale to be concerned.

4In the case of appointments made before the appointed day for the transfer of functions to a Health Board, the Secretary of State shall also consult with such of the following bodies providing services in the area of the Health Board as appear to him to be appropriate, that is to say—

(a)Regional Hospital Boards ;

(b)Boards of Management;

(c)Executive Councils ; and

(d)local health authorities.

5The Secretary of State may pay to the chairman of a Health Board such remuneration as he may, with the approval of the Minister for the Civil Service, from time to time determine.

6In Part III of Schedule 1 to the [1957 c. 20.] House of Commons Disqualification Act 1957 (which specifies offices the holders of which are disqualified under that Act) as it applies to the House of Commons of the Parliament of the United Kingdom, there shall be inserted at the appropriate point in alphabetical order the entry " Paid chairman of a Health Board constituted under the National Health Service (Scotland) Act 1972 ".

7A Health Board may employ such officers and servants on such terms as to remuneration and conditions of service as the Board may, subject to regulations, determine.

8Regulations may make provision with respect to the method of appointment of officers or servants of a Health Board and as to the qualifications, remuneration and conditions of service of those persons.

9No officer or servant of a Health Board to whom regulations apply shall be employed otherwise than in accordance with the regulations.

10Regulations under paragraph 8 above shall not contain a requirement that all consultants employed for the purpose of hospitals shall be employed whole-time.

11The application of the seal of a Board to any document shall be attested by at least one member of the Board and by the person for the time being acting as Secretary of the Board.

12Every document purporting to be an instrument issued by a Board and to be sealed and attested as aforesaid or to be duly signed on behalf of the Board shall be received in evidence and shall be deemed to be such an instrument without further proof unless the contrary is shown.

PART IIUniversity Liaison Committees

The University Liaison Committee for any area or combination of areas shall consist of such number of members as the Secretary of State thinks fit, and of those members—

(a)not less than one-third shall be appointed by any university or universities appearing to the Secretary of State to have an interest in the health service in the area or combined areas ;

(b)a number, equal to the number appointed under paragraph (a) above, shall be appointed by the Health Board for the area or, as the case may be, by the Health Boards for the combined areas acting jointly ; and

(c)any other members shall be appointed in such manner as may be provided in the order constituting the Committee.

The Committee shall appoint one of their number to be chairman.

PART IIISupplementary Provisions

1Regulations may make provision—

(a)as to the appointment, tenure of office and vacation of office of chairmen and members of Health Boards and University Liaison Committees ;

(b)as to the delegation of functions to committees or subcommittees composed, as to a majority, of members of those bodies;

(c)as to the procedure of those bodies, their committees and sub-committees; and

(d)for the payment by Health Boards of subscriptions, of such amounts as the Secretary of State may approve, to the funds of such associations or other bodies as he may from time to time approve.

2The proceedings of a Health Board or a University Liaison Committee shall not be invalidated by any vacancy in membership or by any defect in the appointment of any member thereof.

3The Secretary of State shall pay to members of a Health Board, the committees and sub-committees thereof, and to members of University Liaison Committees, such travelling and other allowances, including compensation for loss of remunerative time, as he may, with the approval of the Minister for the Civil Service, from time to time determine.

4Allowances shall not be paid under paragraph 3 above except in connection with the performance of such powers or duties, in such circumstances, as the Secretary of State may determine.

5Payments under paragraph 3 above shall be made at such times and in such manner, and subject to such conditions as to records, certificates or otherwise, as the Secretary of State may determine.

Section 17.

SCHEDULE 2Scottish Health Service Planning Council

1The Scottish Health Service Planning Council shall consist of a chairman appointed by the Secretary of State, and other members appointed as follows—

(a)one member appointed by each Health Board ;

(b)one member appointed by each university in Scotland which has a medical school;

(c)not more than six officers of the Secretary of State appointed by him; and

(d)such other members, not being officers of the Secretary of State, as may be appointed by him.

2The Secretary of State shall have power to appoint a vice-chairman from among the membership of the Council.

3Regulations may make provision for—

(a)the appointment, tenure and vacation of office of the chairman, vice-chairman and members of the Council;

(b)enabling alternate members to attend in place of any member of the Council who may be absent;

(c)the attendance as assessors at meetings of the Council ofthe chairmen of the national consultative committees;

(d)the appointment by the Council of committees whose membership may include persons who are not members of the Council; and

(e)the procedure of the Council or of any committee thereof.

4The proceedings of the Council or of any committee thereof shall not be invalidated by any vacancy in the membership of the Council or committee or by any defect in the appointment or qualification of any member thereof.

5The Secretary of State shall pay to members of the Council, the committees and sub-committees thereof, such travelling and other allowances, including compensation for loss of remunerative time, as he may, with the approval of the Minister for the Civil Service, from time to time determine.

6Allowances shall not be paid under paragraph 5 above except in connection with the performance of such powers or duties, in such circumstances, as the Secretary of State may determine.

7The Secretary of State shall have power, after consultation with the Council, to make such arrangements for the provision of secretarial and other services and facilities for the Council as appear to him to be appropriate.

Section 19.

SCHEDULE 3The Common Services Agency for the Scottish Health Service

1The Agency shall be a body corporate and shall have a common seal.

2The affairs of the Agency shall be managed by a management committee constituted in accordance with paragraph 3 below.

3The management committee shall consist of a chairman appointed by the Secretary of State and other members appointed as follows—

(a)five members appointed by the Secretary of State ;

(b)six members appointed by the Secretary of State on the nomination of the Health Boards acting jointly; and

(c)such other members as may be appointed by the Secretary of State after consultation with the Health Boards, acting jointly.

4The proceedings of the management committee shall not be invalidated by any vacancy in its membership or by any defect in the appointment of any member thereof.

5The Secretary of State shall pay to members of the management committee and sub-committees thereof such travelling and other allowances, including compensation for loss of remunerative time, as he may, with the approval of the Minister for the Civil Service, from time to time determine.

6Allowances shall not be paid under paragraph 5 above except in connection with the performance of such powers or duties, in such circumstances, as the Secretary of State may determine.

7The Agency may employ such officers and servants on such terms as to remuneration and conditions of service as the management committee may, subject to regulations, determine.

8Regulations may make provision with respect to—

(a)the appointment, tenure and vacation of office of the chairman and members of the management committee ;

(b)enabling alternate members to attend in place of any member of the committee who may be absent;

(c)the appointment by the management committee of subcommittees whose membership may include persons who are not members of the management committee;

(d)the procedure of the management committee ; and

(e)the method of appointment of officers or servants of the Agency and the qualifications, remuneration and conditions of service of those persons.

9No officer or servant of the Agency to whom regulations apply shall be employed otherwise than in accordance with the regulations.

10The application of the seal of the Agency to any document shall be attested by at least one member of the management committee and by an officer authorised for the purpose by the management committee.

11Every document purporting to be an instrument issued by the Agency and to be sealed and attested as aforesaid or to be duly signed on behalf of the Agency shall be received in evidence and shall be deemed to be such an instrument without further proof unless the contrary is shown.

Section 32.

SCHEDULE 4Public Health Functions

1Functions with respect to the notification of infectious disease under the [1889 c. 72.] Infectious Disease (Notification) Act 1889.

2Functions with respect to persons infested with vermin under the [1897 c. 31.] Cleansing of Persons Act 1897.

3Functions with respect to the notification or prevention of infectious disease, mortuaries or common lodging-houses under the [1897 c. 38.] Public Health (Scotland) Act 1897 or the functions of a port local authority under that Act.

4Functions with respect to the notification of births under the [1907 c. 40.] Notification of Births Act 1907.

5Functions with respect to the prevention and treatment of epidemic, endemic or infectious diseases, or food poisoning.

6Functions of local authorities under the [1956 c. 30.] Food and Drugs (Scotland) Act 1956.

7Functions with respect to preventing the spread of infectious disease or food poisoning under section 71 of the Act of 1968.

Section 45.

SCHEDULE 5Action not Subject to Investigation

1Action taken by medical practitioners, dental practitioners, pharmacists, ophthalmic or dispensing opticians in pursuance of their contracts with Executive Councils or Health Boards under Part IV of the Act of 1947.

2Action taken in connection with the diagnosis of illness or disease or the care or treatment of a patient, being action which, in the opinion of the Commissioner, was taken solely in the exercise of clinical judgment, whether formed by the person taking the action or by any other person.

3Action taken by an Executive Council or a Health Board in the exercise of their functions under the National Health Service (Medical and Pharmaceutical Service Committees and Tribunal) (Scotland) Regulations 1948, Parts VI and VII of the National Health Service (General Dental Services) (Scotland) Regulations 1948, Part III of the National Health Service (Joint Ophthalmic Services Committees) (Scotland) Order 1948 or any regulations or order amending or replacing those regulations or that order.

4Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to service under the Health Service Acts.

5Action taken in matters relating to contractual or other commercial transactions other than in matters arising from arrangements between a body subject to investigation and an authority or body outwith the health service for the provision of services to patients by that authority or body.

6Action which has been or is the subject of an inquiry under section 69 of the Act of 1947.

7Action in relation to which the protective functions of the Mental Welfare Commission have been, are being or may be exercised under the [1960 c. 61.] Mental Health (Scotland) Act 1960.

Section 64.

SCHEDULE 6Minor and Consequential Amendments of Enactments

PART IAmendments of the National Health Service (Scotland) Acts 1947 to 1968

The [1947 c. 27.] National Health Service (Scotland) Act 1947

1In section 1 (duty of Secretary of State), the following amendments shall be made:—

(a)in subsection (1), for the words " following provisions of this Act" there shall be substituted the words " provisions of the National Health Service (Scotland) Acts 1947 to 1972 ";

(b)in subsection (2), for the words " this Act" there shall be substituted the words " those Acts ".

2In section 3 (charges and expenses), the following amendments shall be made:—

(a)in subsection (3), at the end there shall be added the words " This subsection does not extend to appliances to which section 45 of this Act relates. ";

(b)in subsection (4), for the words " hospital and specialist services" there shall be substituted the words " any service under the National Health Service (Scotland) Acts 1947 to 1972 ".

3In section 34(1) (general medical services), for the words " Executive Council" there shall be substituted the words " Health Board ".

4In section 35 (distribution of medical practitioners), the following amendments shall be made:—

(a)for the words " Executive Councils ", " Executive Council", " an Executive Council" and " Council ", wherever they occur, there shall be substituted respectively the words " Health Boards " , "Health Board", "a Health Board" and " Board ".

(b)in subsection (3), for the words from " a Local Medical Committee" to " Committee" there shall be substituted the words " an area medical committee has been formed for the area of the Board and recognised under section 16 of the National Health Service (Scotland) Act 1972, consult that committee ".

5In section 36(1) (prohibition of sale of medical practice), in the proviso, for the words from " in the area " to " been entered " there shall be substituted the words " in an area for which he has never been on any list of medical practitioners undertaking to provide general medical services ".

6In section 39 (general dental services), the following amendments shall be made:—

(a)in subsection (1), for the words " Executive Council" there shall be substituted the words " Health Board ";

(b)in paragraph (e) of subsection (2), for the words "an Executive Council" there shall be substituted the words " a Health Board " and for the words " the Sixth Schedule to this Act" there shall be substituted the words " Schedule 1 to the National Health Service (Scotland) Act 1972 ".

7In section 40(1) (pharmaceutical services), for the words " Executive Council" there shall be substituted the words " Health Board ".

8In section 41(1) (provision of pharmaceutical services), for the words " the Executive Council" there shall be substituted the words " a Health Board ".

9In section 42(1) (general ophthalmic services), for the words " Executive Council" there shall be substituted the words " Health Board ".

10In section 43 (disqualification of persons providing services), the following amendments shall be made—

(a)for the words " Executive Council", " an Executive Council " and " Councils ", wherever they occur, there shall be substituted respectively the words " Health Board " , " a Health Board " and " Boards " ;

(b)for subsection (8) there shall be substituted the following subsection—

“(8)Where immediately before the appointed day any person is disqualified under this section from inclusion in any list kept by an Executive Council under Part IV of this Act, he shall, until such time as the Tribunal or the Secretary of State directs to the contrary, be disqualified for inclusion in the appropriate list referred to in subsection (1) of this section.”;

(c)at the end there shall be added the following subsection—

“(9)The references in subsections (1), (3) and (5) above to a Health Board shall include a reference to such committee or joint committee as may be prescribed.”

11In section 44 (powers of Secretary of State where services inadequate), for the words " Executive Council", in both places where they occur, there shall be substituted the words " Health Board ".

12In section 56 (default powers of Secretary of State), the following amendments shall be made:—

(a)in subsection (1), for the words from " any Regional" to" health authority " there shall be substituted the words " any Health Board ", and for the words " this Act " there shall be substituted the words " the National Health Service (Scotland) Acts 1947 to 1972 ";

(b)in subsection (2), for the words from " Except" to " health authority " there shall be substituted the words " When such an order is made ", and for the words " this Act" there shall be substituted the words " the National Health Service (Scotland) Acts 1947 to 1972 ";

(c)subsection (3) shall cease to have effect.

13In section 69(1) (inquiries), for the words "this Act" there shall be substituted the words " the National Health Service (Scotland) Acts 1947 to 1972 ".

14In section 70 (protection of certain bodies and officers), for the words from "a Regional" to " Council" there shall be substituted the words " a Health Board and the Common Services Agency for the Scottish Health Service ", and for the words " this Act, and " there shall be substituted the words " the National Health Service (Scotland) Acts 1947 to 1972 ".

15In section 72(c) (proof of resolutions), for the words from " local " to " this Act" there shall be substituted the words " any bodies constituted under the National Health Service (Scotland) Acts 1947 to 1972 ".

16In section 77 (arbitration), for the words " this Act" there shall be substituted the words " the National Health Service (Scotland) Acts 1947 to 1972 ".

17In Schedule 3 (acquisition of moveable property), for the head-note and paragraph 1 there shall be substituted the following head-note and paragraph—

“Acquisition of Property other than Land

1Where under the National Health Service (Scotland) Acts 1947 to 1972, in connection with the acquisition of any premises, the Secretary of State proposes to acquire any equipment, furniture or other moveable property used in or in connection with the premises, he may, at any time after the acquisition of the premises (in the case of acquisition by agreement) or at any time after the service of a notice to treat (in the case of a compulsory acquisition of premises), serve a notice on the owner of the premises specifying the property proposed to be acquired, and specifying the time within which and the manner in which any objection to such acquisition may be made”.

18In Schedule 8 (tribunal), in paragraph 3, for the words from " associations " onwards there shall be substituted the words " body as the Secretary of State may recognise as being representative of Health Boards ".

19In Schedule 10 (inquiries), in paragraph 6, for the words from " such reasonable " to " day " there shall be substituted the words " a reasonable sum ".

The [1949 c. 93.] National Health Service (Amendment) Act 1949

20In section 8 (removal of doubts regarding section 35), after " Council" there shall be inserted the words " or a Health Board ".

21In section 23(1) (transfer of property by voluntary organisations), for the words " a local health authority " and for the words " the authority ", where subsequently occurring, there shall be substituted the words " the Secretary of State ".

22In section 28 (recovery of expenses), for the words " hospital and specialist services " there shall be substituted the words " services under the National Health Service (Scotland) Acts 1947 to 1972 ".

The [1951 c. 31.] National Health Service Act 1951

23In section 1 (charges for appliances), the following amendments shall be made:—

(a)in subsection (1), for the words " Part II or Part IV of those Acts respectively" there shall be substituted the words " the National Health Service (Scotland) Acts 1947 to 1972 ";

(b)in subsection (3)(a), for the words " said Part II" (where first occurring) there shall be substituted the words " National Health Service (Scotland) Acts 1947 to 1972, otherwise than under the said Part IV ", and for the words " the said Part II" (where second occurring) there shall be substituted the words " those Acts ";

(c)in subsection (4), for the words "an Executive Council" there shall be substituted the words " a Health Board ".

24In the Schedule, in the definition of " current specified cost", for the words "Part II of those Acts respectively" there shall be substituted the words " the National Health Service (Scotland) Acts 1947 to 1972, otherwise than under Part IV of the said Act of 1947 ".

The [1952 c. 25.] National Health Service Act 1952

25In section 1(1) (charges), for the words from " as part" to " Part II" there shall be substituted the words " under the National Health Service Acts, otherwise than under Part IV ".

26In section 7 (regulations as to charges), the following amendments shall be made—

(a)in subsection (4), for the words from the beginning to " education authorities " there shall be substituted the words " For the purposes of section 6(2) of the National Health Service (Scotland) Act 1972 (which requires the Secretary of State ";

(b)in subsection (6), for the words from "Regional" to " Council" there shall be substituted the words " Health Board ".

27In section 8(1) (interpretation), for the word " 1951 " (where second occurring) there shall be substituted the word " 1972 ".

The [1961 c. 19.] National Health Service Act 1961

28In section 1(4) (charges), for the words " of the Act of 1947 " there shall be substituted the words " the National Health Service (Scotland) Acts 1947 to 1972 ".

29In section 3(1) (interpretation), in paragraph (a) of the definition of " the relevant time ", for the words " of the Act of 1947 " there shall be substituted the words " the National Health Service (Scotland) Acts 1947 to 1972, otherwise than under Part IV of the Act of 1947 ", and for the words "Part II or Part IV thereof" there shall be substituted the words " those Acts ", and, in paragraph (b) of that definition, for the words " either of the said Acts " there shall be substituted the words " the Act of 1947 ".

The [1968 c. 46.] Health Services and Public Health Act 1968

30In section 1(1) (accommodation for private patients), for the words " providing hospital and specialist services" there shall be substituted the words " vested in him ".

31In section 2(1) (accommodation and treatment of non-resident private patients), for the words "providing hospital and specialist services " there shall be substituted the words " vested in him ".

32In section 29(3) (regulation of financial arrangements of certain bodies), after the words " as if—" there shall be inserted the following paragraph— " (aa) in subsection (1) there were substituted for the words from " Regional" to " 1946 Act" the words " Health Boards, the Common Services Agency for the Scottish Health Service " ; " and paragraphs (b) and (d) shall be omitted.

33In section 30(1) (certificates for exemption from prescription charges), for the words " section 38(3) of the 1946 Act" there shall be substituted the words " section 40(3) of the 1947 Act " and for the words " as part of hospital and specialist services under Part II of the 1946 Act" there shall be substituted the words " under the National Health Service (Scotland) Acts 1947 to 1972, otherwise than under Part IV of the 1947 Act ".

34In section 31 (power to make services available), the following amendments shall be made—

(a)for the words " hospital and specialist services " (where first occurring) there shall be substituted the words " services under the National Health Service (Scotland) Acts 1947 to 1972 ";

(b)for the words " hospital and specialist services" (where second occurring) there shall be substituted the words " services under those Acts ".

35In section 32 (power to dispose of and produce goods), the following amendments shall be made—

(a)in subsection (1), for the words "hospital and specialist services " there shall be substituted the words " any service under the National Health Service (Scotland) Acts 1947 to 1972 ";

(b)in subsection (2), for the words " 1947 Act" there shall be substituted the words " National Health Service (Scotland) Acts 1947 to 1972 ".

36In section 40(1) (accommodation for persons displaced in course of development), for the words " of hospital" there shall be substituted the words " or the National Health Service (Scotland) Act 1972 of ".

PART IIAmendments of Other Enactments

The [1889 c. 72.] Infectious Disease (Notification) Act 1889

37In section 3(1) (notification of infectious disease), for the words "medical officer of health" (wherever they occur) there shall be substituted the words " chief administrative medical officer of the Health Board ".

38In section 6 (definition of infectious disease), for the words " local authority for the district" there shall be substituted the words " Secretary of State ".

39In section 8(2) (notices and certificates), for the words " a medical officer of health " there shall be substituted the words " the chief administrative medical officer of a Health Board ", for the words " his office or residence " there shall be substituted the words " the office of the Health Board " and for the words " his office or at his residence " there shall be substituted the words " that office ".

40In section 13(2) (application of Act to ships, etc.), for the words from " district of any " onwards there shall be substituted the words " area of any Health Board shall be deemed for the purposes of this Act to be within the area of the Board nearest which it is lying ".

The [1892 c. 55.] Burgh Police (Scotland) Act 1892

41In section 126 (manure offensive to health), for the words "medical officer of health" there shall be substituted the words " sanitary inspector ".

42In section 255 (defective privies), for the words "medical officer of health " there shall be substituted the words " designated medical officer ".

The [1897 c. 38.] Public Health (Scotland) Act 1897

43In section 18 (power of entry), for the words " medical officer ", wherever they occur, there shall be substituted the words " designated medical officer ", and for the words "their officers", where first occurring, and the words " their officers or other persons " there shall be substituted the words " others aforesaid ".

44In section 36(1) (nuisance), for the words " their medical officer " there shall be substituted the words " the designated medical officer or their sanitary inspector ".

45For the purposes of sections 46 to 51, 53 to 57, 59, 62 to 64, 66, 69 (so far as relating to infectious diseases), 70, 96 and 97, the term " local authority " means a county council or the town council of a large burgh within the meaning of the [1947 c. 43.] Local Government (Scotland) Act 1947.

46In section 47(1) (cleansing and disinfecting of premises), for the words "medical officer or any other legally qualified medical practitioner" and for the words "medical officer or of any other legally qualified medical practitioner" there shall be substituted the words " designated medical officer ".

47In section 49 (launderers to supply names), for the words "medical officer of health" there shall be substituted the words " designated medical officer ".

48In section 51 (infected lodgings not to be let), for the words " medical officer " there shall be substituted the words " designated medical officer ".

49In section 53(1)(a) (disinfection of houses), for the words " medical officer " there shall be substituted the words " designated medical officer ".

50In section 54(1) (hospitalisation of infected persons), for the words from " medical officer " to " to be removed " there shall be substituted the words " designated medical officer ".

51In section 56(1)(c) (exposure of infected persons), for the words " medical officer " there shall be substituted the words " designated medical officer ".

52In section 57 (penalty for sending infected child to school), for the words "medical officer" there shall be substituted the words " designated medical officer ".

53In section 62(1) (dead bodies not to be retained), for the words "medical officer" there shall be substituted the words " designated medical officer ".

54In section 63(1) (infected bodies to be removed only for burial), for the words " medical officer " there shall be substituted the words " designated medical officer ".

55In section 69 (power to order removal of body to mortuary), in subsections (1) and (3), for the words " medical officer ", wherever they occur, there shall be substituted the words " designated medical officer ".

56In section 73(3) (entry to tents, etc.), for the words " medical officer", wherever they occur, there shall be substituted the words " designated medical officer ", and after the words " local authority " there shall be inserted the words " or the designated medical officer ".

57In section 96 (removal of sick to hospitals), for the words from "without further warrant" to "so certified" there shall be substituted the words " on the certificate of the designated medical officer that the disease is infectious and that the patient may be safely removed, cause him to be removed to a hospital vested in the Secretary of State, but if removal be considered dangerous to life by such officer and is so certified, ".

58In section 97 (sick persons in common lodging-houses), for the words "medical officer", wherever they occur, there shall be substituted the words " designated medical officer ".

59In section 98 (inspection of common lodging-houses), after the Word " authority" there shall be inserted the words " or by the designated medical officer ".

The [1907 c. 40.] Notification of Births Act 1907

60In section 1 (early notification of births), the following amendments shall be made—

(a)in subsection (1), for the words " medical officer of health of the district" there shall be substituted the words " chief administrative medical officer of the Health Board for the area ";

(b)in subsection (2), for the words " medical officer of health " there shall be substituted the words " chief administrative medical officer of the Health Board ", and for the words "the medical", where second occurring, there shall be substituted the word " that ";

(c)in subsection (4), for the words " medical officer of health "there shall be substituted the words " chief administrative medical officer of the Health Board ".

The [1914 c. 46.] Milk and Dairies (Scotland) Act 1914

61In section 4(3) (inspection of dairies), for the words "medical officer of health ", where second occurring, there shall be substituted the words " sanitary inspector ".

62In section 6 (intimation of inspection of dairies), for the words " medical officer of health ", where first occurring, there shall be substituted the words " sanitary inspector ".

63In section 15 (notification of sick employees), for the words " medical officer of health for the district " there shall be substituted the words " chief administrative medical officer of the Health Board for the area. "

64For section 16 (dairies and infectious disease), there shall be substituted the following section—

“16Notification of districts to which milk is consigned.

Where infectious disease occurs among the persons employed, or in the families of persons employed, or among the persons residing at a dairy from which milk is consigned, the dairyman may be required to furnish the designated medical officer with a list of the districts to which the milk is consigned.”

65In section 17(1) (persons with disease not to assist in dairy), for the words " the medical officer of health " there shall be substituted the words " a medical officer duly authorised by the Health Board or any officer duly authorised by the local authority ".

66In section 18 (procedure for stoppage of milk supplies), the following amendments shall be made—

(a)in subsections (1) and (3), for the words " medical officer of health " and " medical officer ", wherever they occur, there shall be substituted the words " designated medical officer or sanitary inspector ";

(b)in subsection (6), for the words " their medical officer " and "medical officer" there shall be substituted the words " the designated medical officer or sanitary inspector ".

67In section 19 (dairymen to produce lists of customers), for the words " medical officer of health " there shall be substituted the words " designated medical officer or sanitary inspector ", and after the words " such medical officer " there shall be inserted the words " or sanitary inspector ".

68In section 20 (power to inspect dairies), for the words " medical officer of health " there shall be substituted the words " designated medical officer or sanitary inspector ".

69In section 21 (sampling of milk), for the words "medical officer of health ", wherever they occur, there shall be substituted the words " designated medical officer ".

The [1916 c. 12.] Local Government (Emergency Provisions) Act 1916

70In section 5(b) (notification of disease), for the words " medical officer of health of the district" there shall be substituted the words " chief administrative medical officer of the Health Board for the area " and for the words " local authority " there shall be substituted the words " Health Board ".

The [1938 c. 73.] Nursing Homes Registration (Scotland) Act 1938

71In section 1 (registration), the following amendments shall be made—

(a)in subsection (2), for the words " local authority" there shall be substituted the words " Health Board ", and for the words " a fee of £1 " there shall be substituted the words " such fee as may be so prescribed ";

(b)in subsection (3), for the words " local authority" and " authority" there shall be substituted respectively the words " Health Board " and " Board ".

72In sections 2 and 3 (cancellation of registration and notification thereof), for the words " local authority " and " authority ", wherever they occur, there shall be substituted respectively the words " Health Board " and " Board ".

73At the end of section 4(1) (regulations), there shall be added the following words— “and

(d)with respect to such matters as appear to be expedient in order to secure continuity between the system of registration by local authorities and the system of registration by Health Boards.”.

74In section 5(1) (inspection of nursing homes), for the words from the beginning to " made by the authority " there shall be substituted the words " Any medical officer, qualified nurse or other officer of the Health Board duly authorised by the Board ".

75In section 6 (power to exempt certain institutions), for the words " local authority " and " authority", wherever they occur, there shall be substituted respectively the words " Health Board " and " Board ".

The [1945 c. 15.] Public Health (Scotland) Act 1945

76In section 1 (enforcement of regulations) the following amendments shall be made—

(a)in subsection (3), after the words " port local authorities " there shall be inserted the words " or Health Boards ", and, in the proviso, after the word " authority " there shall be inserted the word " Board ";

(b)in subsection (4), after the word " authority " there shall be inserted the word " Board ";

(c)in subsection (8), in the definition of " authorised officer ", for the words " medical officer of health" there shall be substituted the words " designated medical officer ".

The [1947 c. 19.] Polish Resettlement Act 1941

77In section 4(1) (health services for Poles), for the words " local health authorities ", where first occurring, there shall be substituted the words " Health Boards ".

78In section 11(3)(b) (application to Scotland), for the words " any corresponding Act applying to Scotland " there shall be substituted the words " the National Health Service (Scotland) Acts 1947 to 1972 ".

The [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

79In section 1(1)(d) (compulsory purchase of land by Secretary of State), for the words from " 57 " to " 1947 " there shall be substituted the words " 58 of the National Health Service (Scotland) Act 1972 ".

The [1947 c. 43.] Local Government (Scotland) Act 1947

80For section 79(7) (medical officer and sanitary inspector), there shall be substituted the following subsection—

“(7)The sanitary inspector of a county shall not be removable from office except by or with the sanction of the Secretary of State.”

81For section 87(8) (burgh medical officers and sanitary inspectors), there shall be substituted the following subsection—

“(8)The sanitary inspector of a burgh shall not be removable from office except by or with the sanction of the Secretary of State.”

The [1948 c. 29.] National Assistance Act 1948

82In section 24(6) (ordinary residence of patient), for the words " Part II of the National Health Service (Scotland) Act 1947 " there shall be substituted the words " in a hospital vested in the Secretary of State ".

83In section 47 (removal of persons in need of care), the following amendments shall be made—

(a)in subsections (2) and (7), for the words " medical officer of health " there shall be substituted the words " designated medical officer ";

(b)in subsection (8), for the words " Act 1947 " there shall be substituted the words " Acts 1947 to 1972 ".

The [1951 c. 54.] Midwives (Scotland) Act 1951

84In section 17 (local supervising authorities), for the words from " local health " to " 1947 " there shall be substituted the words " Health Board ", and for the words " the authority " there shall be substituted the words " the Health Board ".

85In section 28(2) (apportionment of balances), for the words from " proportion " to " time being " there shall be substituted the words " such proportion as the Secretary of State may approve ".

The [1951 c. 55.] Nurses (Scotland) Act 1951 General amendments

86For the words " regional nurse-training committee", " a regional nurse-training committee" and " regional nurse-training committees ", wherever they occur, there shall be substituted respectively the words " area nurse-training committee " , " an area nurse-training committee " and " area nurse-training committees "

Particular amendments

87In section 19(4) (definition of " area"), for the words " a hospital area " there shall be substituted the words " the area of a Health Board ", and for the words " two or more hospital areas " there shall be substituted the words " the areas of two or more Health Boards ".

88In section 20 (schemes for training of nurses), the following amendments shall be made—

(a)in subsection (1), for the words " Board of Management acting on behalf of a Regional Hospital Board" and for the words " Board of Management" there shall be substituted respectively the words " Health Board " and "Health Boards";

(b)in subsections (2) and (3), for the words " Regional Hospital Board ", wherever they occur, there shall be substituted the words " Health Board ".

89In section 22 (expenditure on training of nurses), for the words " Board of Management", wherever they occur, there shall be substituted the words " Health Board ", and, in subsection (1), for the words " section 54 of the National Health Service (Scotland) Act 1947" there shall be substituted the words " section 60 of the National Health Service (Scotland) Act 1972 ".

90In section 32 (supplemental), for the definition of " licensing authority " there shall be substituted the following definition—

• “" licensing authority" means the Health Board for the area concerned.”

91In Schedule 4 (nurse-training committees), for the words " Regional Hospital Board" and " Regional Hospital Boards", wherever they occur, there shall be substituted respectively the words " Health Board " and " Health Boards ".

92In paragraphs 1(a) and 4(1) of Schedule 4, for the words " more than one hospital area " there shall be substituted the words " the area of more than one Health Board ".

The [1951 c. 63.] Rag Flock and Other Filling Materials Act 1951

93In section 35 (interpretation), in the definition of " authorised officer of a local authority ", for the words " medical officer of health " there shall be substituted the words " designated medical officer ".

The [1951 c. 65.] Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

94In Schedule 2 (relevant service), the following amendments shall be made—

(a)in item 15, for the words "the National Health Service (Scotland) Act 1947" there shall be substituted the words " a Health Board or the Common Services Agency for the Scottish Health Service or other body constituted under the National Health Service (Scotland) Acts 1947 to 1972, and, in the second column, after the word " Council" there shall be inserted the word " Agency ";

(b)in item 16, in the second column, after the word " Council " there shall be inserted the words " or Health Board ".

The [1956 c. 30.] Food and Drugs (Scotland) Act 1956

95In section 22 (notification of food poisoning), for the words "local health authority", wherever they occur, there shall be substituted the words " Health Board ", and, in subsection (1), for the words " medical officer for that area" there shall be substituted the words " chief administrative medical officer of the Board ".

96In section 24 (suspected food), for the words " medical officer of any local authority " and the words " medical officer ", wherever they occur, there shall be substituted the words " designated medical officer or sanitary inspector ", and, in subsection (3), for the words " local authority ", in both places where they occur, there shall be substituted the words " Health Board ".

97In section 58(1) (interpretation), in the proviso to the definition of " authorised officer ", for the words " medical officer " there shall be substituted the words " designated medical officer ".

The [1956 c. 76.] Medical Act 1956

98In section 16 (employment in health centres), the following amendments shall be made—

(a)in subsection (1), for the words " section 15 of the National Health Service (Scotland) Act 1947" there shall be substituted the words " section 2 of the National Health Service (Scotland) Act 1972 ";

(b)in subsection (2)(b), for the words from " such out-patient" to " 1947 " there shall be substituted the words " the services of specialists or other services provided for out-patients in such a health centre as is referred to in subsection (1) above ".

The [1957 c. 28.] Dentists Act 1957

99In section 42(4) (national and local authority health services), the following amendments shall be made—

(a)in paragraph (a), after " 1948 " there shall be inserted the words " or of services under section 2 of the National Health Service (Scotland) Act 1972 ";

(b)in paragraph (b), for the words " section 15 of the National Health Service (Scotland) Act 1947" there shall be substituted the words " section 2 of the National Health Service (Scotland) Act 1972 ";

(c)in paragraph (c), for the words " section 22 of the National Health Service (Scotland) Act 1947" there shall be substituted the words " section 5 of the National Health Service (Scotland) Act 1972 ";

(d)in paragraph (d), for the words from " section 51 " to " 1956" there shall be substituted the words " section 6 of the National Health Service (Scotland) Act 1972 ".

The [1958 c. 32.] Opticians Act 1958

100In section 21(2)(b) (restriction on sale or supply of optical appliances), after the word " 1947 " there shall be inserted the words " the National Health Service (Scotland) Act 1972 ".

The [1959 c. 30.] National Assistance (Amendment) Act 1959

101In section 1(1) (determination of ordinary residence), for the words " Part II of the National Health Service (Scotland) Act 1947 " there shall be substituted the words " in a hospital vested in the Secretary of State ".

The [1959 c. 72.] Mental Health Act 1959

102In section 81(2)(a) (removal of patients to Scotland), for the words " board of management" there shall be substituted the words " Health Board responsible for the administration of the hospital ".

The [1960 c. 16.] Road Traffic Act 1960

103In section 214(1)(c) (payment for treatment), for the words irom "any" onwards there shall be substituted the words " the Health Board responsible for the administration of the hospital ".

The [1960 c. 34.] Radioactive Substances Act 1960

104In section 14(1) (application to Crown), for the words " Board of Management", in both places where they occur, there shall be substituted the words " Health Board ".

The [1960 c. 61.] Mental Health (Scotland) Act 1960

105In section 7(1A) (functions of local authorities), for the words " the aforesaid persons" there shall be substituted the words " persons who are or have been suffering from mental disorder ".

106In section 15(3)(a) (registration of private hospitals), for the words from " provided " to " 1947 " there shall be substituted the words " vested in the Secretary of State ".

107In section 27 (medical recommendations), the following amendments shall be made—

(a)in paragraph (b), for the words " Regional Hospital Board " there shall be substituted the words " Health Board ";

(b)in paragraph (c), for the words "section 5 of the National Health Service (Scotland) Act 1947" there shall be substituted the words " section 1 or 2 of the Health Services and Public Health Act 1968 ".

108In section 30(2) (rectification of application etc.), for the words " medical officer of the local authority " there shall be substituted 'the words " designated medical officer ".

109In the proviso to section 34(2) (correspondence of patients), after the words " any of the following—" there shall be inserted the following item—

“(i)the European Commission of Human Rights ;”.

110In section 53(1)(5) (interpretation), for the words from "the medical" to " that authority " there shall be substituted the words " any medical practitioner authorised by the local authority ".

111In section 57(1) (medical evidence), for the words "Regional Hospital Board" there shall be substituted the words " Health Board ".

112In section 60(2) (restriction of discharge), for the words " Regional Hospital Board" there shall be substituted the words " Health Board ".

113In section 65(4) (removal to hospital of prisoners awaiting trial), for the words " Regional Hospital Board" there shall be substituted the words " Health Board ".

114In section 92(2) (limitation on valuables held on behalf of a patient), for the words " an amount of one hundred pounds " there shall be substituted the words " such sum as the Secretary of State may from time to time direct ".

115In section 91(1)(b) (protection of female patients), for the words from " or in pursuance " onwards there shall be substituted the words " or in the care of a local authority under the [1968 c. 49.] Social Work (Scotland) Act 1968 or resident in a house provided by a local authority under that Act ".

116In section 101(2) (pocket money for patients), for the words "Act 1947" there shall be substituted the words " Acts 1947 to 1972 ", and for the words from "hospital" to "that Act" there shall be substituted the words " services are provided under those Acts ".

117In section 111(1) (interpretation), in paragraph (a) of the definition of " board of management", for the words " board of management" there shall be substituted the words " Health Board responsible for the administration ", and at the end of that definition there shall be added the words " or if the management has been delegated to a Health Board or to the Common Services Agency for the Scottish Health Service, that Board or Agency, as the case may be ".

The [1960 c. 67.] Public Bodies (Admission to Meetings) Act 1960

118In paragraph 2 of the Schedule (bodies to which Act applies), for sub-paragraphs (d) and (e) there shall be substituted the following paragraph—

“(d)Health Boards constituted under the National Health Service (Scotland) Act 1972, but only so far as regards the exercise of their executive functions”.

The [1961 c. 34.] Factories Act 1961

119In section 8(6) (enforcement by district council), for the words " medical officer of health" there shall be substituted the words " sanitary inspector ".

120In section 9(2) (powers of inspectors), for the words " of health " there shall be substituted the words " of the Health Board for the area ".

121In section 153 (officers of councils), the following amendments shall be made—

(a)in subsection (1), for the words " medical officer of health " there shall be substituted the words " sanitary inspector ";

(b)in subsection (3), after the words " this Act", where first occurring, there shall be inserted the words " the designated medical officer " , and after the words " except by " there shall be inserted the words "the designated medical officer or .

122In Schedule 5, in section 110(2) and (3) (provisions of Act of 1901), for the words "medical officer of health", in both places where they occur, there shall be substituted the words " designated medical officer ".

The [1962 c. 47.] Education (Scotland) Act 1962

123In section 57 (regulations as to medical and dental examination and inspection), for the words from " this Act" onwards there shall be substituted the words " the performance of his duties under section 6 of the National Health Service (Scotland) Act 1972 ".

124In section 58(2) (medical inspection of pupils and young persons), for the words " their duty under this section " there shall be substituted the words " the duty of the Secretary of State under section 6 of the National Health Service (Scotland) Act 1972 ", and for the words " by the authority" there shall be substituted the words " by the Health Board in agreement with the authority ".

125In section 58A(2) (dental inspection of pupils and young persons), for the words " their duty under this section " there shall be substituted the words " the duty of the Secretary of State under section 6 of the National Health Service (Scotland) Act 1972 ", and for the words " by the authority " there shall be substituted the words " by the Health Board in agreement with the authority ".

126In section 61 (power to ensure cleanliness), the following amendments shall be made—

(a)in subsection (1), for the words " the authority " there shall be substituted the words " the Health Board for the area ";

(b)in subsection (2), for the words from " the medical officer " to " their behalf " there shall be substituted the words " the authority ";

(c)in subsection (6), for the words " he may, if he considers " there shall be substituted the words " he shall so advise the authority, who may, if they consider ";

(d)in subsection (7), for the words " an education authority " there shall be substituted the words " a Health Board ".

127In section 101(d) (admissibility of documents), for the words " an education authority" onwards there shall be substituted the words " a Health Board, and to be signed by such officer ".

The [1964 c. 60.] Emergency Laws (Re-enactments and Repeals) Act 1964

128In section 15 (interpretation), for the words " 1947 to 1961 " there shall be substituted the words " 1947 to 1972 ".

The [1965 c. 49.] Registration of Births, Deaths and Marriages (Scotland) Act 1965

129In section 51(b) (returns), for the words " medical officer of health for the local authority " there shall be substituted the words " chief administrative medical officer of the Health Board ".

The [1965 c. 62.] Redundancy Payments Act 1965

130In Schedule 3 (National Health Service Employers), for paragraph 1 there shall be substituted the following paragraph—

“1A Health Board or the Common Services Agency for the Scottish Health Service”,

and, in paragraph 7, for the words " section 32(4) of the said Act of 1947 " there shall be substituted the words " section 13(8) of the National Health Service (Scotland) Act 1972 ".

The [1966 c. 20.] Ministry of Social Security Act 1966

131In section 6(1)(b) (medical requirements etc), for the words " 1947 to 1966" there shall be substituted the words " 1947 to 1972 ".

The [1966 c. 49.] Housing (Scotland) Act 1966

132In sections 98(1), 180, 184 and 185(1)(5), for the words " medical officer of health", wherever they occur, there shall be substituted the words " sanitary inspector ".

The [1967 c. 13.] Parliamentary Commissioner Act 1967

133In paragraph 8 of Schedule 3 (matters not subject to investigation), for the words " Regional Hospital Board " there shall be substituted the words " Health Board ", and for the words " Board of Management" there shall be substituted the words " the Common Services Agency for the Scottish Health Service ".

The [1967 c. 28.] Superannuation (Miscellaneous Provisions) Act 1967

134In section 7(5) (superannuation provisions of National Health Service Acts), for the words " Act 1947 " there shall be substituted the words " Acts 1947 to 1972 ".

The [1968 c. 46.] Health Services and Public Health Act 1968

135In section 63 (provision of instruction for employees), the following amendments shall be made—

(a)in subsection (1)(a), for the words from " Regional" to " teaching hospital" there shall be substituted the words " Health Board ";

(b)in subsection (1)(b). for the words from " specified" to " Treasury " there shall be substituted the words " deter-mined by him ";

(c)in subsection (2)(tf), for the words " an Executive Council" there shall be substituted the words " a Health Board ";

(d)in subsection (8), in paragraph (b) of the definition of " the relevant enactments ", for the words " sections 58 and 59 of the Education (Scotland) Act 1962" there shall be substituted the words " section 6 of the National Health Service (Scotland) Act 1972 ".

136In section 64 (financial assistance to voluntary organisations), the following amendments shall be made—

(a)at the end of subsection (4)(a) there shall be added the words " and the National Health Service (Scotland) Act 1972 ";

(b)in subsection (4)(b), for the words " an Executive Council" there shall be substituted the words " a Health Board ".

137In section 65(6) (assistance by local authorities to voluntary organisations), for subsection (2B)(c) there shall be substituted the following paragraph—

“(c)" the relevant enactments" means the National Health Service (Scotland) Acts 1947 to 1972, Part III of the National Assistance Act 1948 and section 3 of the Disabled Persons (Employment) Act 1958 ;”.

138In section 71(1) (compensation for stopping employment), for the words " medical officer of health " there shall be substituted the words " designated medical officer ".

139In subsections (1) and (2) of section 72 (sheriff may order medical examination), for the words " medical officer of health", wherever they occur, there shall be substituted the words " designated medical officer ".

140In section 73 (power of medical officers to enter premises), for the words " medical officer of health", wherever they occur, there shall be substituted the words " designated medical officer ".

The [1968 c. 49.] Social Work (Scotland) Act 1968

141In section 60(1)(f) (control of certain establishments), at the end there shall be added the words " or the National Health Service (Scotland) Act 1972 ".

The [1968 c. 67.] Medicines Act 1968

142In section 55(2)(b) (exemptions for doctors etc.), for the words " a local health authority in Great Britain " there shall be substituted the words " the Secretary of State ".

143In section 131(5) (meaning of certain expressions), for the words " Act 1947 " there shall be substituted the words " Acts 1947 to 1972 ".

144In section 132(1) (interpretation), in the definition of " health centre ", for the words from "section 15 " to " 1947 " there shall be substituted the words " section 2 of the National Health Service (Scotland) Act 1972 ".

The [1969 c. 48.] Post Office Act 1969

145In section 86(1) (interpretation), in paragraph (b) of the definition of " national health service authority ", for the words from " a regional " onwards there shall be substituted the words " a Health Board or the Common Services Agency for the Scottish Health Service constituted under the National Health Service (Scotland) Act 1972 ".

The [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970

146In section 17(1) (separation of younger and older patients), for the words from " Regional ", where second occurring, to " 1947 " there shall be substituted the words " Health Board constituted under the National Health Service (Scotland) Act 1972 ".

The [1971 c. 8.] Hospital Endowments (Scotland) Act 1971

147In section 1(4) (Scottish Hospital Trust), in the proviso, for the words from " Boards " onwards there shall be substituted the words " Health Boards ".

148In section 3 (powers of the Trust), the following amendments shall be made—

(a)in paragraph (c), for the words from " Boards " to " Boards " there shall be substituted the words " Health Boards ";

(b)for paragraph (e) there shall be substituted the following paragraph—

“(e)to accept from any Health Board for investment and management on behalf of the Board any endowments or accumulated income thereof transferred to the Board under Part VI of the National Health Service (Scotland) Act 1972, and any endowments or accumulated income thereof otherwise held by a Health Board ;”;

(c)in paragraph (f), for the words "Board of Management" there shall be substituted the words " Health Board ";

(d)in paragraph (g), for the words from " Board " to " Board " there shall be substituted the words " Health Board ".

149In section 5 (further provisions relating to transference of funds), the following amendments shall be made—

(a)in subsection (1), for the words from the beginning to " Board ", where second occurring, there shall be substituted the words " A Health Board ";

(b)in subsection (2), for the words " such Boards " there shall be substituted the words " Health Boards ".

150In section 6 (borrowing by Boards), the following amendments shall be made—

(a)in subsection (1), for the words from " Board " to " Board " there shall be substituted the words " Health Board ";

(b)in subsection (2), for the words " such Boards " there shall be substituted the words " Health Boards ".

151In section 7 (distribution of income), the following amendments shall be made—

(a)in subsection (1), for the words "Boards of Management, Regional Hospital Boards " there shall be substituted the words " Health Boards ";

(b)in subsection (2), for the words " Boards of Management, Regional Hospital Boards and the Committees " there shall be substituted the words " Health Boards and the bodies charged with the management ";

(c)in subsection (3), for the words " Boards of Management and Regional Hospital Boards " there shall be substituted the words " Health Boards ".

The [1971 c. 62.] Tribunals and Inquiries Act 1971

152In paragraph 41 of Part II of Schedule 1 (tribunals supervised by Scottish Committee), the following amendments shall be made—

(a)for sub-paragraph (a) there shall be substituted the following paragraph—

“(a)Health Boards and joint committees of those Boards constituted under section 13 of the National Health Service (Scotland) Act 1972 ;”;

(b)in sub-paragraph (c), for the words " an Executive Council " and "Act 1947 (c.27)" there shall be substituted respectively the words " a Health Board or a joint committee of Health Boards " and " Acts 1947 to 1972 ".

The [1971 c. 72.] Industrial Relations Act 1971

153In section 167(2) (interpretation), in paragraph (a), after the words " 1946 or " there shall be inserted the words " by a Health Board ", and, in paragraph (b), for the words " Executive Council" there shall be substituted the words " Health Board ".

The [1971 c. 74.] Education (Milk) Act 1971

154In section 2(1)(b) (provision of milk in Scotland), for the words " education authority" there shall be substituted the words " Health Board ".

The [1971 c. 77.] Immigration Act 1971

155In section 24(1)(d) (offences), for the words " a medical officer of health " there shall be substituted the words " the chief administrative medical officer of a Health Board ".

156In paragraph 7 of Schedule 2 (medical examination after entry), for the words " such medical officer of health " there shall be substituted the words " the chief administrative medical officer of such Health Board " and the words " of health " shall be omitted.

The [1972 c. 28.] Employment Medical Advisory Service Act 1972

157In section 1(6) (school medical records), for the words "education authority", where second occurring, there shall be substituted the words " Health Board ".

Section 64.

SCHEDULE 7Repeal of Enactments

PART IRepeals relating to the National Health Service (Scotland) Acts 1947 to 1968

PART IIRepeals Relating to other Enactments