The Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014

JurisdictionScotland
CitationSSI 2014/344

2014No. 344

PUBLIC HEALTH

SOCIAL CARE

The Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014

27thNovember2014

28thNovember2014

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 1(6), 1(8) and 69(1) of the Public Bodies (Joint Working) (Scotland) Act 2014( 1) and all other powers enabling them to do so.

In accordance with section 69(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1. (1) These Regulations may be cited as the Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014 and come into force on the day after the day on which they are made.

(2) In these Regulations, "the Act" means the Public Bodies (Joint Working) (Scotland) Act 2014.

Prescribed functions (Section 1(6))

2. (1) The functions listed in column A of Schedule 1 are prescribed for the purposes of section 1(6) of the Act.

(2) Each function listed in column A of Schedule 1 is prescribed subject to the exceptions in column B.

Prescribed functions (Section 1(8))

3. (1) The functions listed in column A of Schedule 2 are prescribed for the purposes of section 1(8) of the Act.

(2) Each function listed in column A of Schedule 2 is prescribed subject to the exceptions in column B.

(3) Each function prescribed for the purposes of section 1(8) is prescribed for that purpose so far as-

(a) the function is exercisable in relation to persons of at least 18 years of age;(b) the function is exercisable in relation to care or treatment provided by health professionals for the purpose of the health care services listed in Part 2 of Schedule 3; and(c) the function is exercisable in relation to the health care services listed in Part 3 of Schedule 3.

SHONA ROBISON

A member of the Scottish Government

St Andrew's House,

Edinburgh

27th November 2014

SCHEDULE 1

Regulation 2

Functions prescribed for the purposes of section 1(6) of the Act

Column A

Column B

The National Health Service (Scotland) Act 1978( 2)

All functions of Health Boards conferred by, or by virtue of, the National Health Service (Scotland) Act 1978.

Except functions conferred by or by virtue of-

section 2(7) (Health Boards);

section 9( 3) (local consultative committees);

section 17A

( 4) (

NHS contracts);

section 17C( 5) (personal medical or dental services);

section 17J( 6) (Health Boards' power to enter into general medical services contracts);

section 28A( 7) (remuneration for Part II services);

section 48( 8) (residential and practice accommodation);

section 57( 9) (accommodation and services for private patients);

section 64( 10) (permission for use of facilities in private practice);

section 79( 11) (purchase of land and moveable property);

section 86( 12) (accounts of Health Boards and the Agency);

section 88( 13) (payment of allowances and remuneration to members of certain bodies connected with the health services);

paragraphs 4, 5, 11A and 13 of Schedule 1( 14) (Health Boards);

and functions conferred by-

The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000( 15);

The Health Boards (Membership and Procedure) (Scotland) Regulations 2001( 16),

The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004( 17);

The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 ( 18)

The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006( 19);

The National Health Service (Discipline Committees) (Scotland) Regulations 2006( 20);

The National Health Service (Appointment of Consultants) (Scotland) Regulations 2009( 21);

The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009( 22); and

The National Health Service (General Dental Services) (Scotland) Regulations 2010( 23).

Disabled Persons (Services, Consultation and Representation) Act 1986( 24)

Section 7

(persons discharged from hospital)

Community Care and Health (Scotland) Act 2002( 25)

All functions of Health Boards conferred by, or by virtue of, the Community Care and Health (Scotland) Act 2002.

Mental Health (Care and Treatment) (Scotland) Act 2003( 26)

All functions of Health Boards conferred by, or by virtue of, the Mental Health (Care and Treatment) (Scotland) Act 2003.

Except functions conferred by section 22 (approved medical practitioners).

Education (Additional Support for Learning) (Scotland) Act 2004( 27)

Section 23

(other agencies etc. to help in exercise of functions under this Act)

Public Health etc. (Scotland) Act 2008( 28)

Section 2

(duty of Health Boards to protect public health)

Section 7

(joint public health protection plans)

Public Services Reform (Scotland) Act 2010( 29)

All functions of Health Boards conferred by, or by virtue of, the Public Services Reform (Scotland) Act 2010.

Except functions conferred by-

section 31(Public functions: duties to provide information on certain expenditure etc.); and

section 32 (Public functions: duty to provide information on exercise of functions).

Patient Rights (Scotland) Act 2011( 30)

All functions of Health Boards conferred by, or by virtue of, the Patient Rights (Scotland) Act 2011.

SCHEDULE 2

Regulation 3

Functions prescribed for the purposes of section 1(8) of the Act

Column A

Column B

The National Health Service (Scotland) Act 1978

All functions of Health Boards conferred by, or by virtue of, the National Health Service (Scotland) Act 1978

Except functions conferred by or by virtue of-

section 2(7) (Health Boards);

section 2CB( 31) (functions of Health Boards outside Scotland);

section 9 (local consultative committees);

section 17A (NHS contracts);

section 17C (personal medical or dental services);

section 17I( 32) (use of accommodation);

section 17J (Health Boards' power to enter into general medical services contracts);

section 28A (remuneration for Part II services);

section 38( 33) (care of mothers and young children);

section 38A( 34) (breastfeeding);

section 39( 35) (medical and dental inspection, supervision and treatment of pupils and young persons);

section 48 (residential and practice accommodation);

section 55( 36) (hospital accommodation on part payment);

section 57 (accommodation and services for private patients);

section 64 (permission for use of facilities in private practice);

section 75A( 37) (remission and repayment of charges and payment of travelling expenses);

section 75B

( 38) (reimbursement of the cost of services provided in another

EEA state);

section 75BA( 39) (reimbursement of the cost of services provided in another EEA state where expenditure is incurred on or after 25 October 2013);

section 79 (purchase of land and moveable property);

section 82( 40) use and administration of certain endowments and other property held by Health Boards);

section 83( 41) (power of Health Boards and local health councils to hold property on trust);

section 84A( 42) (power to raise money, etc., by appeals, collections etc.);

section 86 (accounts of Health Boards and the Agency);

section 88 (payment of allowances and remuneration to members of certain bodies connected with the health services);

section 98( 43) (charges in respect of non-residents); and

paragraphs 4, 5, 11A and 13 of Schedule 1 to the Act (Health Boards);

and functions conferred by-

The National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989 ( 44);

The Health Boards (Membership and Procedure) (Scotland) Regulations 2001/302;

The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000;

The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004;

The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004;

The National Health Service (Discipline Committees) (Scotland) Regulations 2006;

The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006;

The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009;

The National Health Service (General Dental Services) (Scotland) Regulations 2010; and

The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011( 45).

Disabled Persons (Services, Consultation and Representation) Act 1986

Section 7

(persons discharged from hospital)

Community Care and Health (Scotland) Act 2002

All functions of Health Boards conferred by, or by virtue of, the Community Care and Health (Scotland) Act 2002.

Mental Health (Care and Treatment) (Scotland) Act 2003

All functions of Health Boards conferred by, or by virtue of, the Mental Health (Care and Treatment) (Scotland) Act 2003.

Except functions conferred by-

section 22 (approved medical practitioners);

section 34 (inquiries under section 33: co-operation)( 46);

section 38 (duties on hospital managers: examination, notification etc.)( 47);

section 46 (hospital managers' duties: notification)( 48);

section 124 (transfer to other hospital);

section 228 (request for assessment of needs: duty on local authorities and Health Boards);

section 230 (appointment of patient's responsible medical officer);

section 260 (provision of information to patient);

section 264 (detention in conditions of excessive security: state hospitals);

section 267 (orders under sections 264 to 266: recall);

section 281( 49) (correspondence of certain persons detained in hospital);

and functions conferred by-

The Mental Health (Safety and Security) (Scotland) Regulations 2005( 50);

The Mental Health (Cross...

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