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Scottish Council for Postgraduate Medical and Dental Education Order 1993

As Enacted Cited authorities 26 Cited in Amendments 40 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1993/577

1993 No. 577 (S.79)

NATIONAL HEALTH SERVICE, SCOTLAND

The Scottish Council for Postgraduate Medical and Dental Education Order 1993

Made 5th March 1993

Laid before Parliament 11th March 1993

Coming into force 1st April 1993

The Secretary of State, in exercise of the powers conferred on him by sections 2(1)(b), (1A), (1B) and (1C) and 105(7) of the National Health Service (Scotland) Act 1978(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Scottish Council for Postgraduate Medical and Dental Education Order 1993.

(2) This Order shall come into force on 1st April 1993.

S-2 Interpretation

Interpretation

2.—(1) For the purposes of this Order unless the context otherwise requires—

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

“the Board” means the Special Health Board, to be known by the name of the Scottish Council for Postgraduate Medical and Dental Education which is constituted by this Order;

“enactment” includes order and regulation.

(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 by the name of the Scottish Council for Postgraduate Medical and Dental Education.

S-4 Functions of the Board

Functions of the Board

4.—(1) The Board shall exercise the following functions of the Secretary of State namely:—

(a)

(a) functions in relation to postgraduate education and research facilities conferred on him by the Act including, without prejudice to the foregoing generality, those specified in section 47 (educational and research facilities), 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 Secretary of State to assist voluntary organisations under section 16 of the Act(2);

(b)

(b) the power of the Secretary of State to give financial assistance to voluntary organisations under section 16B of the Act(3) limited to assisting such organisations to which that section would apply if the expression “relevant service” within the meaning thereof were limited to the provision of facilities appearing to the Board to be reasonably required for postgraduate clinical teaching and research and for postgraduate education and training of persons providing or intending to provide services under the 1978 Act, and the assistance were upon such terms and subject to such conditions as the Secretary of State, with the approval of the Treasury, might determine;

(c)

(c) the powers of the Secretary of State under section 79(1) of the Act(4) to 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 powers of the Secretary of State under section 79(1A) of the Act(5) to dispose of land no longer required for the purposes of the Board disregarding so much of that sub-section as relates to the function of the Secretary of State to authorise certain officers to execute instruments on his behalf;

(e)

(e) the power of the Secretary of State under paragraph 4 of Schedule 1 to the Act(6), as applied in relation to the Board by article 5, 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; and

(f)

(f) the power of the Secretary of State under paragraph 13 of Schedule 1 to the Act, as applied in relation to the Board by article 5, 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 Secretary of State 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 the Secretary of State for Scotland and not that of the Board; and

(b)

(b) that, where any such instrument requires to be executed on his behalf by the Secretary of State for Scotland and it is not executed in accordance with section 1(8) of the Reorganisation of Offices (Scotland) Act 1939(7), it is executed on his behalf in accordance with section 79(1A) of the Act.

S-5 Application of enactments

Application of enactments

5.—(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-6 Saving for powers of the Secretary of State, Health Boards, NHS Trusts and the Agency

Saving for powers of the Secretary of State, Health Boards, NHS Trusts and the Agency

6. Nothing in this Order shall prevent the Secretary of State, a Health Board, a Special Health Board, or NHS Trust or the Common Services Agency for the Scottish Health Service from exercising any function conferred or imposed upon any one of them by or under any enactment or rule of law or affect or restrict the exercise of any such function by them or any one of them.

Fraser of Carmyllie

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

5th March 1993

SCHEDULE

Article 5(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 Part I

In section 2—

Health Boards

Subsection (3)

Variation of area and functions of Health Boards

Subsection (4)

Provisions incidental to variation of area or functions of Health Boards

Subsection (5)

Health Boards to act in accordance with regulations or directions(8)

Subsection (8)

Health Board to act as principal

In section 10—

Common Services Agency

Subsection (4)

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

Section 13

Co-operation between Health Boards and other Authorities

In section 15—

Subsection (1)(b)

Supply of goods to local and education authorities and other public bodies

Subsection (1)(c)

Provision of services to local and education authorities(9)

Subsection (1)(d)

Use of health service premises by local and education authorities

Subsection (1)(e)

Use of health service vehicles etc by local and education authorities

Subsection (2)

Arrangements with third parties for the supply of goods and materials

Applied so far as it relates to subsection (1)(b).

Section 17A

Power to enter into arrangements with NHS bodies for the provision of goods and services (“NHS contracts”)(10)

In Part IV

Section 77

Default powers

In Part V

In Section 79—

Subsection (1A)

Power of Secretary of State to dispose of land and, where he has delegated any function relating to the acquisition, management or disposal of land, power to authorise any officer of a Health Board to execute any instrument on his behalf

Subsection (3)

Power to acquire moveable property on behalf of the Secretary of State

In section 83—

Subsection (1)

Power to hold property on trust

Section 84

Power to trustees to make payments to Health Boards

Section 84A

Power to raise money and property by appeals, collections and other similar activities(11)

In section 85—

Subsection (1)

Payment of expenses of certain bodies(12)

Subsection (2A)

Power to make directions to bodies listed in subsection (1)(13)

In section 85A—

Subsection (1)

Duty of bodies referred to in section 85(1) as regards expenditure(14)

Subsection (3)

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

Subsection (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 bodies(15)

Section 86

Provisions in relation to the keeping and auditing of accounts, to their submission to the Secretary of State and to their summarisation by the Secretary of State(16)

Section 87

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

Part VI

Health Service Commissioner for Scotland

In Part VII—

Section 101

Protection of Health Boards

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 prescribed(17)

Paragraph 5

Employment of officers and servants(18)

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 directions(19)

Paragraph 7A

Power to make regulations providing for transfer of officers and servants(20)

Paragraph 7B

Directions to Health Boards to place officers or servants at disposal of other bodies(21)

Paragraph 9

Application of the seal of Health Boards

For the words “one member” there shall be substituted the words “two members” and the words after “member of the Board” to the...

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