Functions of Health Boards (Scotland) Order 1991
1991 No. 570 (S.55)
NATIONAL HEALTH SERVICE, SCOTLAND
The Functions of Health Boards (Scotland) Order 1991
Made 8th March 1991
Laid before Parliament 12th March 1991
Coming into force 1st April 1991
The Secretary of State, in exercise of the powers conferred on him by sections 2(1)(a) and 105(7) of the National Health Service (Scotland) Act 19781, and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Functions of Health Boards (Scotland) Order 1991 and shall come into force on 1st April 1991.
(2) In this Order—
“the Act” means the National Health Service (Scotland) Act 1978; and
“healthcare” means the provision of any services under the act and includes the provision of goods;
“persons for whose health care each Health Board is responsible” has the meaning indicated by article 2.
(3) Any reference in this Order to a numbered article is to the article of this Order which bears that number and any reference in an article to a numbered paragraph is to the paragraph bearing that number in that article.
Persons for whose health care each Health Board is responsible
2.—(1) In exercising the functions conferred on then under this Order it shall be a function of each Health Board to provide for the health care—
(a)
(a) in so far as that health care consists of providing or securing the provision to patients of goods and services, other than those specified in sub-paragraph (b) of this paragraph, for of—
(i) persons who reside ordinarily in its area; and
(ii) persons who reside ordinarily outside the United Kingdom who are in its area; and
(b)
(b) in so far as that health care consists of providing or securing the provision of—
(i) accident and emergency services; and
(ii) any other services, as the Secretary of State may direct, which are needed for any individual whose condition is such that it is not practicable before providing them to enter into an NHS contract for their provision,
for all persons in the area of the Health Board.
(2) Subject to any directions which the Secretary of State may give as to any particular case or class of case2, for the purpose of determining where a person ordinarily resides for the purposes of paragraph (1)(a) —
(a)
(a) where it is unclear as to where he ordinarily resides he shall be treated as ordinarily residing at the address which he gives to the Health Board which provides him with health care as being that at which he ordinarily resides;
(b)
(b) where there is no evidence of his present address he shall be treated as ordinarily residing at his most recent address and, where there is any doubt as to this, he shall be treated as ordinarily residing at the address which he gives to that Health Board as his most recent address;
(c)
(c) where the address at which he usually resides cannot be determined under paragraphs (a) and (b) above he shall be treated as ordinarily residing in the area in which he is present.
(3) In this article references to accident and emergency services are references to health care provided for a person who after an accident, or in an emergency, requires immediate treatment at a hospital where that treatment is provided in a department of a hospital which administers accident or emergency services excluding any in-patient or out-patient treatment provided subsequently for such a person and connected with the provision of those services,
(4) In paragraph (3)—
(a)
(a) “in-patient” means a patient who has been admitted to hospital and who spends at least one night in hospital (other than for overnight observation); and
(b)
(b) “out-patient” means any patient attending a hospital other than as an in-Patient.
Duty of Health Boards to exercise functions
3.—(1) lt shall be the duty of each Health Board to exercise on behalf of the Secretary of State, for the benefit of those persons for whose health care each Health Board is responsible, those functions of the Secretary of State conferred or imposed upon him under the Act which are specified in Article 4 including functions under any Regulations, Orders ordirections made under any enactments specified in those provisions, subject to any exception, qualification or condition specified therein or in this Order.
(2) In so far as there is conferred on a Health Board under this Order consists in the exercise any functions other than as specified in article 2, each Health Board shall exercise such function, generally as respects its area.
(3) The duty of each Health Board under paragraph (1) shall be exercisable in relation to those persons for whose health care they are responsible under article 2(1)(a)(i) as well outside as in their area.
(4) The functions of a Health Board under paragraph (1)(a) shall not include providing or securing the provision of any services which are, or are to be, purchased by the members of a fund-holding practice in accordance with Regulations under section 87B(5) of the Act3.
Functions to be exercised by Health Boards
4. The functions referred to in article 3(1) include—
(a) the power of the Secretary of State under section 16(1) to assist any voluntary organisations whose activities include the provision of a service similar or related to a service provided by a Health Board under the Act;
(b) the power of the Secretary of State under section 16B4to give financial assistance to voluntary organisations limited to assistance to such organisations whose activities consist in or include the provision of services similar to services provided by Health Boards or for the provision of which Health Boards are under a duty to make arrangements by virtue of the Act and the assistance so given is given on such terms and conditions as the Secretary of State with the approval of the Treasury might determine;
(c) the duty of the Secretary of State under section 36 to provide to the extent that the Health Board considers necessary to meet all reasonable requirements facilities consisting of hospital accommodation and premises other than hospitals at which facilities are available for any of the services provided by a Health Board under the Act including—
(i) services provided in accordance with arrangements made under Part II by a Health Board;
(ii) medical, nursing or other services;
(iii) the determination under sub-section (2) of that section of terms and conditions under which accommodation or premises provided under sub-section (1) of that section are to be made available for the provision of general medical, general dental or general...
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