National Health Service (Functions of Health Boards) (Scotland) Order 1989

JurisdictionUK Non-devolved
CitationSI 1989/446

1989No. 446

NATIONAL HEALTH SERVICE, SCOTLAND

The National Health Service (Functions of Health Boards)

(Scotland) Order 1989

10thMarch1989

15thMarch1989

5thApril1989

The Secretary of State, in exercise of the powers conferred on him by sections 2(1) and 105(6) and (7) of the National Health Service (Scotland) Act 1978( ( a)), 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 National Health Service (Functions of Health Boards) (Scotland) Order 1989 and shall come into force on 5th April 1989.

(2) In this Order-

"the Act" means the National Health Service (Scotland) Act 1978; and

"the principal Order" means the National Health Service (Functions of Health Boards) (Scotland) Order 1983( ( b)).

Amendments to Article 3 of the principal Order

2.-(1) Article 3(1) of the principal Order shall be amended as follows:-

(a) sub-paragraph (e) shall be deleted;(b) in sub-paragraph (f) there shall be deleted the words from "but not including" to the end;(c) for sub-paragraph (g) there shall be substituted the following:-"(g) section 57(1) and (2) (Accommodation and services for private patients) but not including the functions of the Secretary of State under section 57(1) to authorise accommodation and services to be made available. " ( ( c)) (d) sub-paragraph (h) shall be deleted;(e) after sub-paragraph (k) there shall be inserted the following:-"(kk) section 98 (Charges in respect of non-residents) but only as regards the function of the Secretary of State to determine and, as the case may be, to calculate charges. " ( ( d))

(2) Article 3(2) and (3) of the principal Order shall be deleted.

Amendments to Article 4 of the principal Order

3.-(1) In article 4(1) of the principal Order sub-paragraphs (a) and (c) shall be deleted.

(2) In article 4(2) of the principal Order-

(a) the words "but subject to paragraph (1)(c) of this article," shall be deleted; and(b) for the words "section 79" there shall be substituted the words "section 79(1)" .

Savings

4. Nothing in this Order shall affect the power of the Secretary of State to exercise any function conferred upon him by the provisions of the Act.

Michael B. Forsyth

Parliamentary Under Secretary of State, Scottish Office

St. Andrew's House, Edinburgh

10th March 1989

(a) 1978 c.29; section 2(1) was amended by the Health and Social Services and Social Security...

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