National Health Service (Scotland) Act 1972
| Jurisdiction | UK Non-devolved |
| Citation | 1972 c. 58 |
Regional Hospital Boards;Boards of Management;Medical Education Committees;Executive Councils;the Scottish Health Services Council and standing advisory committees constituted under section 2(3) of the Act of 1947; andJoint Ophthalmic Services Committees.(2) The Secretary of State may make orders containing such provision as he considers necessary or expedient in connection with the dissolution of the aforesaid bodies and the winding up of their affairs, including provision for the completion of any proceedings of any such body or any committee associated with it and for securing that anything done by or to such a body or committee should have effect as if done by or to a body or committee constituted under this Act.(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1) All interests in property, heritable or moveable, held by Executive Councils or by a joint committee of those Councils immediately before the appointed day shall, on that day, be transferred to and vest in the Secretary of State.(2) Subject to subsection (3) below, all rights and liabilities to which Executive Councils or joint committees were entitled or subject immediately before the appointed day shall, on that day, be transferred to the Secretary of State.(3) Notwithstanding subsection (2) above, the Secretary of State may by order provide that such of the rights and liabilities of an Executive Council or joint committee as may be specified in the order shall be enforceable by or against such Health Board as may be so specified or the Agency.(4) All interests in property, heritable or moveable, held by the Scottish Dental Estimates Board immediately before the appointed day shall, in that day, be transferred to and vest in the Secretary of State, and all rights and liabilities relating to that property to which the Board were entitled or subject immediately before that day shall, on that day, be transferred to the Secretary of State.the continuation of any arrangements made by an Executive Council or joint committee or the Scottish Dental Estimates Board;dealing with any applications, complaints or representations made to or by such Council, committee or Board which are pending on the appointed day;the transfer of persons from lists of Executive Councils and Joint Ophthalmic Services Committees to lists of Health Boards or the removal of persons from such lists in pursuance of a direction by the Tribunal under section 43 of the Act of 1947 made before the appointed day.(1) In this section, “health functions” means any functions exercised by a local health authority by virtue of section 15 and Part III of the Act of 1947, and sections 10, 11 and 15 of the Act of 1968, and “school health functions” means any functions exercised by an education authority by virtue of sections 58, 58A and 59 of the Education (Scotland) Act 1962.(2) Subject to the following provisions of this section, all interests in property, heritable or moveable (other than those to which section 39 of this Act relates) , held by a local health authority or by an education authority immediately before the appointed day, wholly or mainly for the purposes of their health functions or school health functions, shall on that day be transferred to and vest in the Secretary of State.(3) Subject to the following provisions of this section, all rights and liabilities (other than those to which section 39 of this Act relates) , to which a local health authority or an education authority were entitled or subject immediately before the appointed day, being rights or liabilities wholly or mainly acquired or incurred in the performance of their health functions or school health functions, shall on that day be transferred to the Secretary of State.(4) There shall not be transferred, by virtue of subsections (2) and (3) above, buildings or parts of buildings forming part of an educational establishment within the meaning of section 145(17) of the for the manner in which it is to be determined whether property, rights or liabilities were held, acquired or incurred wholly or mainly for the purposes of or in the performance of health functions or school health functions;for the transfer of property to the Secretary of State where that property has undergone a change of use between 20th January 1972 and the appointed day, otherwise than in the ordinary course of business;for exempting, either temporarily or otherwise, from the provisions of this section any property, for enabling the Secretary of State to use any property so exempted or for enabling a local authority or education authority to continue to use, on such terms as may be agreed, any property transferred under this section;for the determination of disputes arising under this section between the Secretary of State and a local health authority or education authority;that notwithstanding subsection (3) above, such of the rights and liabilities of a local health authority or an education authority as may be specified in the order shall be enforceable by or against such Health Board as may be so specified or the Agency.(1) In this section, “old authorities” means Regional Hospital Boards, Boards of Management, Executive Councils, local authorities, local health authorities, F20port local authorities, education authorities, the Scottish Dental Estimates Board and the Drug Accounts Committee, and “new authorities” means the Health Boards and the Agency.(2) Not later than one month after the passing of this Act, the Secretary of State shall, after consultation with such bodies as appear to him to
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