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NHS Education for Scotland Order 2002

As Enacted Cited authorities 31 Cited in Amendments 8 Related
Vincent
JurisdictionScotland
CitationSSI 2002/103
Year2002

2002 No. 103

NATIONAL HEALTH SERVICE

The NHS Education for Scotland Order 2002

Made 5th March 2002

Laid before the Scottish Parliament 8th March 2002

Coming into force in accordance with article 1(2) and (3)

The Scottish Ministers, in exercise of the powers conferred by sections 2(1)(b), (1A), (1B) and (1C) and 105(6) and (7) of the National Health Service (Scotland) Act 19781, and of all other powers enabling them in that behalf, hereby make the following Order:

S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the NHS Education for Scotland Order 2002.

(2) This Order, except for article 7, shall come into force on 31st March 2002.

(3) Article 7 of this Order shall come into force on 1st April 2002.

S-2 Interpretation

Interpretation

2.—(1) For the purposes of this Order–

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

“the Board” means the Special Health Board, to be known by the name of NHS Education for Scotland, which is constituted by this Order;

“the Council” means the Scottish Council for Postgraduate Medical and Dental Education.

(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 as NHS Education for Scotland.

S-4 Functions of the Board

Functions of the Board

4.—(1) The Board shall exercise the following functions of the Scottish Ministers namely–

(a)

(a) functions in relation to providing, co-ordinating, developing, funding and advising on education and training for persons providing or intending to provide services under the Act in Scotland conferred by the Act including, without prejudice to the foregoing generality, those specified in section 47 of the Act (making available facilities for education, research and training); and

(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 Scottish Ministers under section 16(1) of the Act to assist any voluntary organisations whose activities include the provision of a service similar or related to a service provided by the Board under the Act;

(b)

(b) the power of the Scottish Ministers under section 16(B) of the Act2to give financial assistance to voluntary organisations limited to assistance to such organisations whose activities consist of or include the provision of services similar to services provided by the Board for the purpose of education and training, the co-ordination, developing and advising on or of education and training and the assistance so given is given on such terms and conditions as the Scottish Ministers might determine;

(c)

(c) the powers of the Scottish Ministers under section 79(1) of the Act3to 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 power of the Scottish Ministers under paragraph 4 of Schedule 1 to the Act, as applied in relation to the Board by article 6, 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;

(e)

(e) the power of the Scottish Ministers under paragraph 13 of Schedule 1 to the Act, as applied in relation to the Board by article 6, 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.

(3) In exercising any functions of the Scottish Ministers 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 Scottish Ministers and not that of the Board; and

(b)

(b) that, where any such instrument requires to be executed on behalf of the Scottish Ministers and it is not executed in accordance with section 1(8) of the Reorganisation of Offices (Scotland) Act 19394, it is executed on their behalf in accordance with paragraph 6 of Schedule 2 to the Requirements of Writing (Scotland) Act 19955.

(4) Nothing in this Order shall prevent or restrict any of the following from exercising any function conferred upon them by or under the Act–

(a)

(a) the Scottish Ministers;

(b)

(b) any Health Board;

(c)

(c) any other Special Health Board; or

(d)

(d) the Common Services Agency.

S-5 Transfer of property

Transfer of property

5. On 31st March 2002, all property, whether heritable or moveable, together with any rights, liabilities and obligations related thereto, which is vested in the Council shall transfer to and vest in the Board.

S-6 Applications of enactments

Applications of enactments

6.—(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.

S-7 Revocation

Revocation

7. The Scottish Council for Postgraduate Medical and Dental Education Order 19936is hereby revoked.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

5th March 2002

SCHEDULE

Article 6(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

Sub section (3)

Variation of area and functions of Health Board

Sub section (4)

Provisions incidental to variation of area or functions of Health Boards

Sub section (5)

Health Boards to act in accordance with regulations or directions7

Sub section (8)

Health Board to act as principal

In Section 10–

Common Services Agency

Sub section (4)

Power to provide that functions of Health Boards may be referred to the Agency8

Section 13

Co-operation between Health Boards and other Authorities9

Section 13A

Co-operation in planning of services for disabled persons, the elderly and others10

Section 17A

Power to enter into arrangements with NHS bodies for the provision of goods and services (“NHS contracts”)11

In Part IV

Section 77

Default powers12

In Part V

In Section 79–

Sub section (1A)

Power of Scottish Ministers to dispose of land13

Sub section (3)

Power to acquire moveable property on behalf of the Scottish Ministers

In Section 83–

Sub section (1)

Power to hold property on trust

Section 84

Power to trustees to make payments to Health Boards14

Section 84A

Power to raise money and property by appeals, collections and other similar activities15

Section 85AA

Means of meeting expenditure of Health Boards out of public funds16

In Section 85–

Expenses of certain bodies17

Sub section (1)

Payment of expenses of certain bodies

Sub section (2)

Date of allotment

Sub section (3)

Power to make directions to bodies listed in sub section(1)

Sub section (4)

Conditions subject to which payments shall be made

In Section 85A–

Sub section (1)

Duty of bodies referred to in section 85(1) as regards expenditure18

Sub section (3)

Power to make directions in relation to duty under subsection (1)

Sub section (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 bodies19

Section 86

Provision in relation to the keeping and auditing of accounts, to their submission to the Scottish Ministers20

Section 87

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

In Part VII–

Section 101

Protection of Health Boards21

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 prescribed22

Paragraph 5

Employment of officers and servants23

Paragraph 5A

Power to make regulations as to the date of appointment24

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 Scottish Ministers

Paragraph 15

Time and method of payment of allowances

In Schedule 5–
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