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The State Hospitals Board for Scotland Order 1995
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Article 5(1)
SCHEDULEENACTMENTS APPLIED TO THE BOARD
PART IThe Act
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Enactment | Nature of Provision | Modifications and Limitations (where applicable) |
| In the Act— | ||
| In Part I | ||
| In Section 2— | Health Boards | |
| Subsection (3) | Variation of area and functions of Health Board | |
| Subsection (4) | Provisions incidental to variation of area or functions of Health Boards | |
| Subsection (5) | Health Boards to act in accordance with regulations or directions(1) | |
| Subsection (8) | Health Board to act as principal | |
| In Section 10— | Common Services Agency | |
| Subsection (4) | Power to provide that functions of Health Boards may be referred to the Agency(2) | |
| Section 13 | Co-operation between Health Boards and other Authorities(3) | |
| In section 15— | ||
| Subsection (1)(b) | Supply of goods to local and education authorities and other public bodies | |
| Subsection (1)(c) | Provision of services to local and education authorities(4) | |
| Subsection (1)(d) | Use of health service premises by local and education authorities | |
| Subsection (1)(e) | Use of health service vehicles etc. by local and education authorities | |
| Subsection (2) | Arrangements with third parties for the supply of goods and materials | Applied so far as it relates to subsection (1)(b). |
| Section 16A | Power to make payments to local authority towards expenditure for social work, educational or housing functions(5) | |
| Section 17A | Power to enter into arrangements with NHS bodies for the provision of goods and services (“NHS contracts”)(6) | |
| In Part IV | ||
| Section 77 | Default powers(7) | |
| In Part V | ||
| In Section 79— | ||
| Subsection (1A) | Power of Secretary of State to dispose of land and, where he has delegated any function relating to the acquisition, management or disposal of land, power to authorise any officer of a Health Board to execute any instrument on his behalf | |
| Subsection (3) | Power to acquire moveable property on behalf of the Secretary of State | |
| In section 83— | ||
| Subsection (1) | Power to hold property on trust | |
| Section 84 | Power to trustees to make payments to Health Boards(8) | |
| Section 84A | Power to raise money and property by appeals, collections and other similar activities(9) | |
| In section 85— | ||
| Subsection (1) | Payment of expenses of certain bodies(10) | |
| Subsection (2A) | Power to make directions to bodies listed in subsection (1)(11) | |
| In section 85A— | ||
| Subsection (1) | Duty of bodies referred to in section 85(1) as regards expenditure(12) | |
| Subsection (3) | Power to make directions in relation to duty under subsection (1) | |
| Subsection (4) | Disregard for the purposes of the section of certain trust funds | |
| Section 85B | Power to make provision for meeting losses and liabilities etc. of certain health service bodies(13) | |
| Section 86 | Provisions in relation to the keeping and auditing of accounts, to their submission to the Secretary of State(14) | |
| Section 87 | Power to make regulations as to financial arrangements of health service bodies | |
| In Part VIII— | ||
| Section 101 | Protection of Health Boards(15) | |
| In Schedule 1— | Health Boards | |
| Paragraph 1 | Health Boards to be bodies corporate and have a common seal | |
| Paragraph 2 | Appointment of Chairman and members | |
| Paragraph 4 | Payment of remuneration to the Chairman and such members of Health Boards as may be prescribed(16) | |
| Paragraph 5 | Employment of officers and servants(17) | |
| Paragraph 6 | Power to make regulations as to method of appointment, qualifications, remuneration and conditions of service of officers and servants | |
| Paragraph 7 | Officers and servants employed in accordance with regulations and directions(18) | |
| Paragraph 7A | Power to make regulations providing for transfer of officers and servants(19) | |
| Paragraph 7B | Directions to Health Boards to place officers or servants at disposal of other bodies(20) | |
| Paragraph 9 | Application of the seal of Health Boards | For the words “one member” there shall be substituted the words “two members” and the words after “member of the Board” to the end of the paragraph shall be omitted |
| Paragraph 10 | Proof of instruments | |
| Paragraph 11 | Power to make regulations as to appointment, committees and procedure(21) | |
| Paragraph 11A | Subscription to funds of other bodies(22) | |
| Paragraph 12 | Proceedings not to be invalidated by vacancies | |
| Paragraph 13 | Payment to members of a Health Board, the Committees and sub-committees thereof of travelling and other allowances, including compensation for loss of remunerative time | The words “, including compensation for loss of remunerative time,” shall be omitted |
| Paragraph 14 | Allowances not payable except in circumstances determined by the Secretary of State | |
| Paragraph 15 | Time and method of payment of allowances | |
| In Schedule 5— | Common Services Agency | |
| Paragraph 7B | Power to make regulations providing for the transfer of officers and servants(23) | |
| Paragraph 7C | Power to make directions as to placing of staff with other bodies(24) |
PART IIActs other than the Act
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Enactment | Nature of Provision | Modifications and Limitations (where applicable) |
| The Public Bodies (Admission to Meetings) Act 1960(25) | Admission of the public to meetings | |
| The House of Commons Disqualification Act 1975(26)— | ||
| In Schedule 1, Part III the entry relating to Chairman or any member, not being also an employee, of a Health Board(27) | Offices disqualifying for membership of the House of Commons | |
| Overseas Development and Co-operation Act 1980(28)— | ||
| In Section 2 Subsection (1)(a) and (c) | Powers of National Health Service bodies in Scotland to enter into and carry out agreements to furnish technical assistance outside the UK. | |
| Schedule 1(29) | Statutory bodies with powers under section 2(1) | Limited to the reference in Part IV to “A Health Board” |
| Health Service Commissioners Act 1993(30) | Provisions for investigations by the Health Service Commissioner for Scotland |
PART IIIEnactments other than Acts of Parliament
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Enactment | Nature of Provision | Modifications and Limitations (where applicable) |
| The National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974(31) | Prohibits employment for provision of services under the National Health Service of certain health professions unless they are registered under the Professions Supplementary to Medicine Act 1960(32) | |
| The National Health Service (Financial Provisions) (Scotland) Regulations 1974(33) | Preparation of estimates of income and expenditure and accounts of Health Boards and related matters of a financial nature | Limited so as to exclude the application of any provisions relative to Local Health Councils or the Common Services Agency |
| The National Health Service (Vehicles) (Scotland) Order 1974(34) | Exemption from statutory requirements for vehicle excise duty and third party insurance of a National Health Service vehicle made available to a local authority, education authority or voluntary organisation | |
| The National Health Service (Food Premises) (Scotland) Regulations 1987(35) | Health authorities (including Health Boards) to be treated for the purposes of food legislation (as defined in the Regulations) as both owners and occupiers of premises used by them | |
| The National Health Service (Remuneration and Conditions of Service) (Scotland) Regulations 1991(36) | The determination of remuneration and conditions of service of officers of Health Boards | |
| The Health Boards (Membership and Procedure) (No.2) Regulations 1991(37) | Provision as to the membership and procedure to be applied by Health Boards | Limited so as to exclude application of regulation 6(1)(a), (b) and (c). |
| The National Health Service (Appointment of Consultants) (Scotland) Regulations 1993(38) | Appointment as an officer of a Health Board of any registered medical or dental practitioner to the post of consultant or of any registered medical practitioner to the post of community medicine specialist |
(1)
Section 2(5) was amended by the 1990 Act, Schedule 9, paragraph 19(1).
(2)
Section 10(4) was amended by the 1990 Act, Schedule 10.
(3)
Section 13 was amended by the 1990 Act, Schedule 9, paragraph 19(4).
(4)
Section 15(1)(c) was amended by the 1980 Act, section 3(2).
(5)
Section 16A was inserted by the 1983 Act, section 2 and amended by the Housing (Consequential Provisions) Act 1985 (c. 71), Schedule 2, paragraph 41.
(6)
Section 17A was inserted by the 1990 Act, section 30.
(7)
Section 77 was amended by the 1990 Act, Schedule 9, paragraph 19(14).
(8)
Section 84 was amended by the 1990 Act, Schedule 9, paragraph 19(10).
(9)
Section 84A was inserted by the 1980 Act, section 5(2) and amended by the 1990 Act, Schedule 9, paragraph 19(17).
(10)
Section 85(1) was substituted by the 1980 Act, section 6(3), amended by the Health and Social Security Act 1984 (c. 48), Schedule 8 and by the 1990 Act, Schedule 10.
(11)
Section 85(2A) was inserted by the 1980 Act, section 6(3).
(12)
Section 85A was inserted by the 1980 Act, section 6(4) and amended by the Health and Medicines Act 1988 (c. 49), section 16(4).
(13)
Section 85B was inserted by the 1990 Act, section 41.
(14)
Section 86 was amended by the 1990 Act, section 36(2) to (8).
(15)
Section 101 was amended by the 1990 Act, Schedule 9, paragraph 19(9).
(16)
Paragraph 4 of Schedule was amended by the 1990 Act, Schedule 5, paragraph 3.
(17)
Paragraph 5 was amended by the 1980 Act, Schedule 6, paragraph 7(2) and Schedule 7.
(18)
Paragraph 7 was amended by the 1980 Act, Schedule 6, paragraph 7(3).
(19)
Paragraph 7A was inserted by the 1990 Act, Schedule 5, paragraph 5.
(20)
Paragraph 7B was inserted by the 1990 Act, Schedule 5, paragraph 5.
(21)
Paragraph 11 was amended by the 1980 Act, Schedule 6, paragraph 7(4) and Schedule 7 and by the 1990 Act, Schedule 5, paragraph 7.
(22)
Paragraph 11A was inserted by the 1980 Act, Schedule 6, paragraph 7(5).
(23)
Paragraph 7B was inserted by the 1990 Act, Schedule 5, paragraph 11.
(24)
Paragraph 7C was inserted by the 1990 Act, Schedule 5, paragraph 11.
(25)
(26)
(27)
Schedule 1, Part III was amended by the 1990 Act, section 59(3).
(28)
(29)
Part IV of Schedule 1 was amended by the 1990 Act, Schedule 9, paragraph 21(c).
(30)
(31)
(32)
(33)
(34)
(35)
S.I. 1987/2; amended by S.I. 1990/2625.
(36)
(37)
S.I. 1991/809; amended by S.I. 1993/1615.
(38)
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