Clinical Standards Board for Scotland Order 1999

JurisdictionUK Non-devolved
CitationSI 1999/726
Year1999

1999 No. 726 (S. 57)

NATIONAL HEALTH SERVICE, SCOTLAND

The Clinical Standards Board for Scotland Order 1999

Made 5th March 1999

Laid before Parliament 11th March 1999

Coming into force 1st April 1999

The Secretary of State, in exercise of the powers conferred on him by sections 2(1)(b), (1A), (1B) and (1C) 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:

S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Clinical Standards Board for Scotland Order 1999.

(2) This Order shall come into force on 1st April 1999.

S-2 Interpretation

Interpretation

2.—(1) For the purposes of this Order unless the context otherwise requires–

“the Act” means the National Health Service (Scotland) Act 1978;

“the Board” means the Special Health Board, to be known by the name of the Clinical Standards Board for Scotland, which is constituted by this Order.

(2) In this Order unless the context otherwise requires, a reference to an article or Schedule is to an article of, or the Schedule to, this Order and a reference to a paragraph is to a paragraph of the article in which the reference is made.

S-3 Constitution, name and area of the Board

Constitution, name and area of the Board

3. There is hereby constituted a Special Health Board for the whole of Scotland to be known by the name of the Clinical Standards Board for Scotland.

S-4 Functions of the Board

Functions of the Board

4.—(1) The Board shall exercise the following functions of the Secretary of State namely:–

(a)

(a) functions in relation to quality assurance and accreditation conferred on him by the Act including without prejudice to the foregoing generality, those specified in section 1(1) of the Act;

(b)

(b) functions specified in paragraph (2) subject, however, to any limitations there specified.

(2) The functions specified in this paragraph are as follows:–

(a)

(a) the power of the Secretary of State to assist voluntary organisations under section 16 of the Act2;

(b)

(b) the power of the Secretary of State under section 16B of the Act3to 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 the Board or for the provision of which the Board is 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)

(c) the powers of the Secretary of State under section 79(1) of the Act4to take on lease or to purchase moveable property and land which is required for the purposes of the Board and to use for those purposes and manage any heritable or moveable property so acquired;

(d)

(d) the powers of the Secretary of State under subsection (1A) of section 79 of the Act5to dispose of land no longer required for the purposes of the Board disregarding so much of that subsection as relates to the function of the Secretary of State to authorise certain officers to execute instruments on his behalf;

(e)

(e) the power of the Secretary of State under paragraph 4 of Schedule 1 to the Act6, as applied in relation to the Board by article 5, to pay remuneration to the Chairman of the Board and to such other members thereof as may be prescribed so, however, that this sub-paragraph shall not be construed as extending to the power to determine the remuneration or to prescribe the members to whom it may be paid;

(f)

(f) the power of the Secretary of State under paragraph 13 of Schedule 1 to the Act, as applied in relation to the Board by article 5, to pay to members of the Board, and any committees and sub-committees thereof, travelling and other allowances so however, that this sub-paragraph shall not be construed as extending to the power to determine the amount of such allowances; and

(g)

(g) the duty of the Secretary of State under paragraph 23 of Schedule 7A to the Act7to remunerate an NHS trust in respect of the provision of goods and services in accordance with that paragraph, but not including the power of the Secretary of State to determine the rate or rates appropriate for such remuneration.

(3) In exercising any functions of the Secretary of State to acquire, use, manage or dispose of land the Board shall ensure–

(a)

(a) that any instrument in connection with the exercise of those functions is in the name of the Secretary of State for Scotland and not that of the Board; and

(b)

(b) that, where any such instrument requires to be executed on his behalf by the Secretary of State for Scotland and it is not executed in accordance with section 1(8) of the Reorganisation of Offices (Scotland) Act 19398, it is executed on his behalf in accordance with section 79(1A) of the Act.

S-5 Application of enactments

Application of enactments

5.—(1) Each of the enactments specified in column 1 of each Part of the Schedule (the subject matter of which is described generally in column 2) shall apply in relation to the Board as it applies in relation to Health Boards subject, however, to the modifications and limitations (if any) specified opposite thereto in column 3 and to paragraph (2).

(2) The enactments which are applied in relation to the Board by virtue of paragraph (1) are so applied only for the purposes of the exercise by the Board of the functions conferred on it by this Order.

Sam Galbraith

Minister for Health, Scottish Office

St Andrew’s House,

Edinburgh

5th March 1999

SCHEDULE

Article 5(1)

ENACTMENTS APPLIED TO THE BOARD

1 THE ACT

PART I

THE 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 directions9

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 Agency10

Section 13

Co-operation between Health Boards and other Authorities11

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 authorities12

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 17A

Power to enter into arrangements with NHS bodies for the provision of goods and services (“NHS contracts”)13

In Part IV

   

Section 77

Default powers14

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 Boards15

Section 84A

Power to raise money and property by appeals, collections and other similar activities16

In Section 85–

   

Subsection (1)

Payment of expenses of certain bodies17

Subsection (2A)

Power to make directions to bodies listed in subsection (1)18

In Section 85A–

   

Subsection (1)

Duty of bodies referred to in section 85(1) as regards expenditure19

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 bodies20

Section 86

Provisions in relation to the keeping and auditing of accounts, to their submission to the Secretary of State21

Section 87

Power to make regulations as to financial arrangements of health service bodies

 

In Part VIII–

   

Section 101

Protection of Health Boards22

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 prescribed23

Paragraph 5

Employment of officers and servants24

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 directions25

Paragraph 7A

Power to make regulations providing for transfer of officers and servants26

Paragraph 7B

Directions to Health Boards to place officers or servants at disposal of other bodies27

Paragraph 11

Power to make regulations as to appointment, committees and procedure28

Paragraph 11A

Subscription to funds of other bodies29

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 servants30

Paragraph 7C

Power...

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