National Health Service Reform (Scotland) Act 2004
| Jurisdiction | Scotland |
| Citation | 2004 asp 7 |
| Year | 2004 |
(1) In the National Health Service (Scotland) Act 1978 (c. 29) (referred to in this Act as “the 1978 Act”) , section 12A and Schedule 7A (establishment, functions, dissolution etc. of National Health Service trusts) are repealed.(2) In section 82 of the 1978 Act, after subsection (2A) insert—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After section 12H of the 1978 Act insert— improving the management of the officers employed by it;monitoring such management; andworkforce planning.After section 2C of the 1978 Act insert— Health Boards, Special Health Boards and the Agency must discharge their functions in a manner that encourages equal opportunities and in particular the observance of the equal opportunity requirements.In this section “equal opportunities” and “equal opportunity requirements” have the same meaning as in Section L2 (equal opportunities) of Part II of Schedule 5 to the Scotland Act 1998 (c. 46) .Before section 13 of the 1978 Act insert— In exercising their functions in relation to the planning and provision of services which it is their function to provide, or secure the provision of, under or by virtue of this Act, Health Boards shall co-operate with one another, and with Special Health Boards and the Agency, with a view to securing and advancing the health of the people of Scotland.undertake to provide, or secure the provision of, services as respects the area of another Health Board, and the other Health Board may enter into arrangements with the first Health Board for that purpose,undertake with one or more other Health Boards to provide, or secure the provision of, services jointly as respects their areas.enter into arrangements with another Health Board, a Special Health Board or the Agency in relation to the provision of such services,do anything in relation to the provision of such services which they could do for the purpose of providing, or securing the provision of, such services as respects their area.This section is without prejudice to any other power which a Health Board may have.After section 78 of the 1978 Act insert— it is a function of a body or person under or by virtue of this Act to provide, or secure the provision of, a service, andto provide the service, orto provide it to a standard which they regard as acceptable.a body falling within subsection (4) , orone or more persons falling within subsection (5) .In subsection (2) , “specified” means specified in the direction.a Health Board,a Special Health Board, orthe Agency.an employee of a Health Board, a Special Health Board or the Agency,a member of the staff of the Scottish Administration, oran employee of a local authority.A body or person appointed by a direction given under subsection (2) to perform functions of a body or person referred to in subsection (1) is referred to in this section as an “appointed person”.An appointed person must comply with a direction given under subsection (2) .The remuneration and expenses of, and any other costs reasonably incurred by, an appointed person in performing the functions specified in the direction shall, unless otherwise specified in the direction, be paid by the body or person referred to in subsection (1) .Anything done or omitted by an appointed person in performing the functions specified in the direction is to be regarded as done or omitted by the body or person referred to in subsection (1) .A person dealing with an appointed person in good faith and for value is not concerned to inquire whether the appointed person is acting within the powers conferred by virtue of the direction.The Scottish Ministers may vary or withdraw a direction given under subsection (2) .The powers conferred by each of sections 77, 78 and 78A are without prejudice to the powers conferred by the other two sections.After section 2A of the 1978 Act (inserted by section 9(2) ) insert— the planning and development, anddecisions to be made by the body significantly affecting the operation,Health Boards,Special Health Boards, andthe Agency.which it is the function of the body to provide, or secure the provision of, andthe body, oranother person on the body's behalf, at the body's direction or in accordance with an agreement made by the body with that other person.
- “(2B) All endowments and property held in trust transferred to a Health Board by an order under paragraph 26 of Schedule 7A (whenever made) are held by the Health Board free of any trust existing immediately before the transfer (hereafter in this section referred to in relation to any such endowment or property as “the original trust”) ; but all such endowments and property shall be held by the Health Board on trust for such purposes relating to services provided under this Act, or to the functions of the Board with respect to research, as the Board may think fit.
- “(1A) For the avoidance of doubt, the reference to “property, rights and liabilities” in sub-paragraph (1) includes endowments and property held in trust.
- “(1) In exercising their functions in relation to the planning and provision of services which it is their function to provide, or secure the provision of, under or by virtue of this Act, Health Boards shall co-operate with one another, and with Special Health Boards and the Agency, with a view to securing and advancing the health of the people of Scotland.
- (2) In pursuance of subsection (1) a Health Board may—
- (a) undertake to provide, or secure the provision of, services as respects the area of another Health Board, and the other Health Board may enter into arrangements with the first Health Board for that purpose,
- (b) undertake with one or more other Health Boards to provide, or secure the provision of, services jointly as respects their areas.
- “(1) This section applies where—
- (a) it is a function of a body or person under or by virtue of this Act to provide, or secure the provision of, a service, and
- (b) the Scottish Ministers consider that the body or person has failed, is failing or is likely to fail—
- (i) to provide the service, or
- (ii) to provide it to a standard which they regard as acceptable.
- “(1) It is the duty of every body to which this section applies to take action with a view to securing, as respects health services for which it is responsible, that persons to whom those services are being or may be provided are involved in, and consulted on—
- (a) the planning and development, and
- (b) decisions to be made by the body significantly affecting the operation, of those services.
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