National Health Service (Scotland) Act 1978

Cited authorities 129

Cited in

Amendments 3990

Jurisdiction	UK Non-devolved
Citation	1978 c. 29
Year	1978

Contenidos

National Health Service (Scotland) Act 1978
Part I: Organisation

Secretary of State

1: General duty of Secretary of State.
1A: Duty of the Scottish Ministers to promote health improvement

Administrative bodies

2: Health Boards.
2A: Duty of Health Board, Special Health Board , the Agency and HIS to promote health improvement
2B: Duty to encourage public involvement
2C: Functions of Health Boards: primary medical services
2CB: Functions of Health Boards outside Scotland
2CB: Functions of Health Boards: planning of pharmaceutical care services
2D: Equal opportunities
3: Scottish Medical Practices Committee.
4: Scottish Dental Estimates Board.

Community health partnerships

4A: Community health partnerships
4B: Community health partnerships: further provision

National advisory bodies

5: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local advisory bodies

7: Local health councils.
8: University Liaison Committees.
9: Local consultative committees.

Agency for Secretary of State and other bodies

10: Common Services Agency.
10ZA: Provision of patient advice and support service

Healthcare Improvement Scotland

10A: Healthcare Improvement Scotland

Principles

10B: Principles

Functions related to the health service

10C: Health service functions
10D: Health service functions: further provision

Functions related to independent health care

10E: Independent health care functions

Meaning of “ independent health care services ”

10F: Meaning of “independent health care services”
10G: Power to modify definitions: The Scottish Ministers, after consulting such persons (or groups of persons) as they consider appropriate, may by order—

Standards and outcomes

10H: Standards and outcomes

Inspections

10I: Inspections of services provided under the health service or under the 2021 Act
10J: Inspections of independent health care services
10K: Authorised persons
10L: Inspections: best regulatory practice
10M: Inspections at request of Scottish Ministers
10N: Inspections: reports
10O: Regulations relating to inspections

Registration

10P: Registration of independent health care services
10Q: Grant or refusal of registration

Improvement notices

10R: Improvement notices: independent health care services

Proposals and applications in relation to registered independent health care services

10S: Cancellation of registration
10T: Emergency cancellation of registration
10U: Condition notices: HIS may at any time give notice (in sections 10V, 10W, 10Z1 and 10Z2 referred to as a “ condition notice ”) to the person for the time being providing a registered independent health care service that it proposes to—
10V: Emergency condition notices
10W: Application of Act to condition notices following emergency condition notices
10X: Emergency condition notices: appeals
10Y: Applications in respect of conditions
10Z: Further provision as respects notice of proposals
10Z1: Right to make representations to HIS as respects proposals

Notice of decision on application for registration

10Z2: Notice of HIS's decisions

Conditions as to numbers

10Z3: Conditions as to numbers

Appeal against decision to implement proposal

10Z4: Appeal against decision to implement proposal

Fees

10Z5: Registration fees

Regulations

10Z6: Regulations: registers and registration
10Z7: Regulations: independent health care services

Complaints about independent health care services

10Z8: Complaints about independent health care services

Offences

10Z9: Offences in relation to registration
10Z10: False statements in applications: Any person who, in an application—
10Z11: Offences by bodies corporate etc.: Where an offence under this group of sections (within the meaning of section 10S(2)(a)), or under regulations made under those sections, committed by—

Inquiries

10Z12: Inquiries

Arrangements to provide independent health care services: registration

10Z13: Arrangements entered into by certain bodies: services to be registered: Where, in the performance of its functions—

Duty of certain bodies to be aware of reports, etc.

10Z14: Local authorities and other bodies: awareness of HIS reports etc.

Giving of notice

10Z15: Giving of notice

Scottish Health Council

10Z16: Establishment of Scottish Health Council

Miscellaneous

10Z17: Transfer of staff: For the purposes of section 12CA, the functions conferred on, delegated to or otherwise exercisable by HIS are to be treated as functions transferred from a health service body; and for the purposes of that transfer—
10Z18: “ Provide ” in relation to independent health care services

Consultation with Mental Welfare Commission for Scotland

10Z19: Duty of HIS to consult the Mental Welfare Commission for Scotland

Trusts

11: Scottish Hospital Trust.
12: Scottish Hospital Endowments Research Trust.
12A: National Health Service trusts.
12AA: Additional functions of NHS trusts.: The Secretary of State may direct a Health Board to delegate to an NHS trust or NHS trusts some or all of their functions—
12B: Transfer of staff to NHS trusts.
12C: Supplementary provisions as to transfer of staff.
12CA: Transfer of staff among health service bodies.
12D: Transfer of property rights and liabilities to NHS trusts.
12DA: Stamp duty land tax
12E: Originating capital debt of, and other financial provisions relating to NHS trusts.
12F: Financial obligations of NHS trusts.
12G: Trust property of NHS trusts.

Quality

12H: Duty of quality.
12I: Duty in relation to governance of staff: It shall be the duty of every Health Board and Special Health Board and of HIS and the Agency to put and keep in place arrangements for the purposes of—

Co-operation and assistance

12J: Health Boards: co-operation with other Health Boards, Special Health Boards and the Agency
12K: Power of Health Board to carry out other Health Board's functions
13: Co-operation between Health Boards and other authorities.
13A: Co-operation in planning of services for disabled persons, the elderly and others.
13B: [ Joint Liaison Committees.
14: Designated medical officers.
15: Supply of goods and services to local authorities, etc.
16: Assistance to voluntary organisations.
16A: Power to make payments towards expenditure on community services.
16B: Financial...

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National Health Service (Scotland) Act 1978

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