SCHEDULES
SCHEDULE 1 Health Boards
Part I
Constitution
C1C2C3C261
A Health Board shall be a body corporate and shall have a common seal.
F12
C271
A Health Board is to consist of the following types of members—
a
a chairman, and other members, appointed by the Scottish Ministers (“appointed members”), F21and
b
councillors appointed by the Scottish Ministers following nomination by local authorities in the area of the Health Board (“councillor members”), F19and
c
individuals elected as members of the Health Board at an election held under Schedule 1A (“elected members”).
2
Regulations must, in relation to each Health Board, specify—
a
the total number of members of the Board, and
b
the number of each type of member.
F203
At least one councillor member must be appointed for each local authority whose area is wholly or partly within the area of the Board.
F2P12A
In the case of a prescribed Health Board at least one of the F3appointed members must hold a post in a university with a medical or dental school.
3
F4An appointed member may be appointed only after consultation with the following bodies—
a
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 State to be concerned.
C28F183A
A person appointed as chairman of a Health Board may not be an employee of that Health Board.
C4C5P2C6C7C8C294
The Secretary of State may pay to
F6a
the chairman of a Health Board,
b
such other members of a Health Board as may be prescribed, and
c
such members of committees and sub-committees of a Health Board as may be prescribed,
such remuneration as he may, with the approval of the Minister for the Civil Service, from time to time determine.
C9C10C11C305
C12C13C31F95A
Regulations or directions under paragraph 5 may provide for approvals, authorisations or determinations to have effect from a date (which may be before or after the date of giving or making them but may not be before if to the detriment of such officers and servants) specified in them F10and a direction under that paragraph may relate to a particular officer or servant or class of officer or servant specified in the direction.
C14C15C16C326
Regulations 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.
F116A
1
Sub-paragraph (3) applies where the registration of a dental practitioner in the dentists register is suspended—
a
by an interim suspension order under section 32 of the Dentists Act 1984 (interim orders); or
b
by a direction or order of the Health Committee, the Professional Performance Committee or the Professional Conduct Committee of the General Dental Council under any of sections 27B, 27C or 30 of that Act following a relevant determination that that practitioner's fitness to practise is impaired.
2
For the purposes of sub-paragraph (1), a “relevant determination” that a practitioner's fitness to practise is impaired is a determination which is based solely on—
a
the ground mentioned in paragraph (b) of subsection (2) of section 27 of the Dentists Act 1984 (deficient professional performance);
b
the ground mentioned in paragraph (c) of that subsection (adverse physical or mental health); or
c
both those grounds.
3
Where this sub-paragraph applies, notwithstanding paragraph 7 of this Schedule, the suspension shall not terminate any contract of employment made between the dental practitioner and a Health Board, but a person whose registration is so suspended shall not perform any duties under a contract made between him and a Health Board which involves the practice of dentistry within the meaning of the Dentists Act 1984.
C17C18C19C337
C20C21C22C34F147A
Regulations may provide for the transfer of officers and servants from a Health Board to—
a
another Health Board;
b
the Agency; or
c
a state hospital,
and for arrangements under which the services of an officer or servant of a Health Board are placed at the disposal of a body mentioned in sub-paragraphs (a) to (c).
C23C24C25C357B
Directions may be given by the Secretary of State—
a
to a Health Board to place services of any of its officers or servants at the disposal of a body mentioned in sub-paragraphs (a) to (c) of paragraph 7A; and
b
to any such body to employ as an officer or servant any person who is or was employed by a Health Board and is specified in the direction,
and a Board or body to which such directions are given shall comply with the directions.
7C
Before making regulations under paragraph 7A or 8A, the Secretary of State shall consult such bodies and organisations as appear to him to be concerned.
8
Regulations under paragraph 6 shall not contain a requirement that all consultants employed for the purpose of hospitals shall be employed whole-time.
F158A
In connection with arrangements relating to community care services F22..., regulations may make provision with respect to—
a
the transfer to employment by a local authority of officers or servants employed by a Health Board; and
b
the transfer to employment by a National Health Service body of officers and servants transferred to employment by a local authority by virtue of this paragraph,
and for the purposes of this paragraph “ National Health Service body ” means a Health Board, the Agency or an NHS trust.
F169
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F1710
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