Scottish Board of Health Act 1919

JurisdictionUK Non-devolved
Citation1919 c. 20


Scottish Board of Health Act, 1919,

(9 & 10 Geo. 5.) CHAPTER 20.

An Act to establish a Scottish Board of Health to exercise powers with respect to Health and Local Government in Scotland, and for purposes connected therewith.

[3rd June 1919]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

S-1 Establishment of Board.

1 Establishment of Board.

1. For the purpose of promoting the health of the people throughout Scotland, and for the purpose of the exercise of the powers transferred or conferred by this Act, it shall be lawful for His Majesty to appoint a Scottish Board of Health (hereinafter called ‘the Board’).

S-2 General powers and duties of Board in relation to health.

2 General powers and duties of Board in relation to health.

2. It shall be the duty of the Board in the exercise and performance of any powers and duties transferred to or conferred on them by or in pursuance of this Act to take all such steps as may be desirable to secure the effective carrying out and co-ordination of measures conducive to the health of the people, including measures for the prevention and cure of diseases, the initiation and direction of research, the treatment of physical and mental defects, the collection preparation and publication of information and statistics, and the training of persons for health services.

S-3 Constitution of Board.

3 Constitution of Board.

(1) The Secretary for Scotland may appoint a parliamentary under-secretary for health, who shall be responsible under him for the administration of the Board in the exercise and performance of all powers and duties under this Act. The Secretary for Scotland shall be President, and the parliamentary under-secretary shall be Vice-President of the Board by virtue of their respective offices. There shall be paid to any parliamentary under-secretary so appointed such remuneration as the Treasury may determine. The office of an under-secretary so appointed shall not render the holder thereof incapable of being elected to, or sitting or voting as a member of, the Commons House of Parliament.

(2) The Board shall, as at first constituted, include the existing appointed members of the Local Government Board for Scotland, and such two of the Scottish Insurance Commissioners as the Secretary for Scotland shall nominate, and shall at all times include two registered medical practitioners, one or more women, and a member of the Faculty of Advocates or law agent of not less than ten years' standing.

The number of members (other than ex officio members) shall at no time exceed six, and subject as aforesaid the power of appointing such members shall be exerciseable by His Majesty on the recommendation of the Secretary for Scotland.

Such member of the Board as the Secretary for Scotland may designate shall be Chairman of the Board in the absence of the President and Vice-President.

The Chairman and other members of the Board (not being members ex officio) shall receive such salary or remuneration as the Treasury may determine.

S-4 Transfer of powers and duties to and from Board.

4 Transfer of powers and duties to and from Board.

(1) There shall be transferred to the Board—

(a ) all the powers and duties of the Local Government Board for Scotland;

(b ) all the powers and duties of the Scottish Insurance Commissioners;

(c ) all the powers of the Privy Council and of the Lord President of the Council under the Midwives (Scotland) Act, 1915 ;

(d ) all the powers and duties of the Secretary for Scotland under the Alkali, &c., Works Regulation Act, 1906 ;

(e ) all the powers and duties of the Secretary for Scotland under the Burial Grounds (Scotland) Act, 1855 ;

(f ) all the powers and duties of the Secretary for Scotland under the Rivers Pollution Prevention Acts, 1876 and 1893, section fifty-five of the Local Government (Scotland) Act, 1889 , and the Rivers Pollution Prevention (Border Councils) Act, 1898 ;

(g ) all the powers and duties of the Secretary for Scotland under the Births, Deaths, and Marriages (Scotland) Acts, 1854 to 1910, the Marriage Notice (Scotland) Act, 1878 , and the Vaccination (Scotland) Acts, 1863 to 1907;

(h ) all the powers and duties of the Secretary for Scotland and the Highlands and Islands (Medical Service) Board under the Highlands and Islands (Medical Service) Grant Act, 1913 ;

(i ) all the powers and duties of the Scottish Education Department with respect to the medical inspection and treatment of children and young persons:

Provided that, for the purpose of facilitating the effective exercise and performance by the Board of the last-mentioned powers and duties, the Board may make arrangements with the Scottish Education Department respecting the submission and approval of schemes of education authorities and the payment of grants to education authorities, so far as such schemes and payment relate to, or are in respect of, medical inspection and treatment:

And provided also that in such matters of a judicial nature under the National Insurance (Health) Acts, 1911 to 1918, as may be prescribed under those Acts, the powers and duties of the Scottish Insurance Commissioners by this Act transferred to the Board shall be exercised by the Board through a special body or special bodies of persons constituted in such manner as may be prescribed.

(2) It shall be lawful for His Majesty from time to time by Order in Council to transfer to the Board—

(a ) any of the powers and duties of the Secretary for Scotland under the enactments relating to lunacy and mental deficiency;

(b ) all or any of the powers and duties of the Minister of Pensions with respect to the health of disabled officers and men after they have left the service, so far as those powers and duties relate to Scotland;

(c ) any other powers and duties in Scotland of any Government department which appear to His Majesty to relate to matters affecting or incidental to the health of the people.

(3) It shall be lawful for His Majesty from time to time by Order in Council to transfer from the Board to any other Government department any of the powers and duties of the Board which appear to His Majesty not to relate to matters affecting or incidental to the health of the people.

And it is hereby declared that it is the intention of this Act that, in the event of provision being made by Act of Parliament passed in the present or in any future session for the revision of the law relating to the relief of the poor in Scotland and the distribution amongst other...

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