LegalizeThe Public Health Scotland Order 2019
Made: 23rd October 2019
Laid before the Scottish Parliament: 25th October 2019
Coming into force in accordance with article 1
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 2(1)(b), (1A), (1B), (1C) and 105(6) and (7) of the National Health Service (Scotland) Act 1978[^f00001] and all other powers enabling them to do so.
Citation and commencement
1
- (1) This Order may be cited as the Public Health Scotland Order 2019.
- (2) Subject to paragraph (3) this Order comes into force on 7 December 2019.
- (3) The following provisions of this Order come into force on 1 April 2020—
- (a) articles 6 and 7, and
- (b) paragraphs 1(2)(a) and 2 to 16 of schedule 2.
Interpretation
2
In this Order—
- “the Act” means the National Health Service (Scotland) Act 1978, and
- “the Board” means the Special Health Board, to be known as Public Health Scotland, which is constituted by this Order.
Constitution, name and area of the Board
3
There is constituted a Special Health Board for the whole of Scotland to be known as Public Health Scotland.
Functions of the Board
4
- (1) The Board is to exercise the following functions of the Scottish Ministers—
- (a) functions conferred by the Act in relation to—
- (i) health education, including that specified in section 42 of the Act (health education),
- (ii) the provision of research and development services in the field of public health, and
- (iii) the collection, dissemination and analysis of epidemiological data and the participation in epidemiological investigations,
- (b) examining data relating to prescriptions for drugs, medicines and appliances supplied under the arrangements for the provision of pharmaceutical services,
- (c) the provision of information services in support of the functions conferred on the Board,
- (d) the protection of public health including those specified in section 1 of the Public Health etc. (Scotland) Act 2008[^f00002] (duty of Scottish Ministers to protect public health), and
- (e) functions specified in paragraph (2) subject to any limitations specified in that paragraph.
- (2) The functions specified for the purposes of paragraph (1)(e) are as follows:
- (a) the power of the Scottish Ministers under section 16 of the Act[^f00003] 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) the power of the Scottish Ministers to give financial assistance to voluntary organisations under section 16B of the Act[^f00004] limited to assisting such organisations to which that section would apply if the expression “relevant service” as defined in section 16B(3) were limited to the provision of services provided by the Board,
- (c) the duty of the Scottish Ministers under section 37 of the Act to make arrangements to such extent as the Board considers necessary in relation to its functions for the purposes of the prevention of illness, the care of persons suffering from illness or the after-care of such persons,
- (ca) the power of the Scottish Ministers under section 40(1) of the Act (vaccination and immunisation),
- (d) the power of the Scottish Ministers under section 43 of the Act (control of spread of infectious disease),
- (e) the duty and power of the Scottish Ministers under section 47 of the Act (educational and research facilities),
- (f) the powers of the Scottish Ministers under section 79(1) of the Act[^f00005] to take on lease or to purchase moveable property or 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,
- (g) the power of the Scottish Ministers under section 79(1A) of the Act[^f00006] to dispose of land no longer required for the purposes of the Board,
- (h) the powers of the Scottish Ministers under section 84B of the Act[^f00007] (joint ventures) so far as relating to the functions of the Board,
- (i) the power of the Scottish Ministers under paragraph 4 of schedule 1 of the Act[^f00008] (health boards), as applied in relation to the Board by article 5, to pay remuneration to the chairman of the Board and to such other members of the Board and of the committees and sub-committees of the Board as may be prescribed, but this does not extend to the power—
- (i) to determine remuneration, or
- (ii) to prescribe the members of the Board and of committees and sub-committees of the Board to whom it may be paid,
- (j) the power of the Scottish Ministers under paragraph 13 of schedule 1 of the Act (health boards), as applied in relation to the Board by article 5, to pay to members of the Board, any committees and sub-committees, travelling and other allowances, but this does not extend to the power to determine the amount of such allowances, and
- (k) the powers of the Scottish Ministers referred to in section 7(1) of the Health and Medicines Act 1988[^f00009] (extension of powers of secretary of state for financing the health service).
- (3) In exercising any functions of the Scottish Ministers to acquire, use, manage or dispose of land the Board must ensure—
- (a) that any instrument in connection with the exercise of those functions is in the name of the Scottish Ministers and not that of the Board, and
- (b) that, where any such instrument requires to be executed by the Scottish Ministers, and it is not executed in accordance with section 1(8) of the Reorganisation of Offices (Scotland) Act 1939[^f00010], it is executed on their behalf in accordance with—
- (i) paragraph 6 of schedule 2 of the Requirements of Writing (Scotland) Act 1995[^f00011], or
- (ii) regulation 5 of the Electronic Documents (Scotland) Regulations 2014[^f00012].
- (4) Nothing in this Order will prevent or restrict the following persons from exercising any function under the Act or any other enactment specified in this Order—
- (a) the Scottish Ministers,
- (b) any Health Board,
- (c) any other Special Health Board,
- (d) the Common Services Agency, or
- (e) Healthcare Improvement Scotland.
- (5) Paragraph (4)(b) includes functions of a Health Board being exercised by an integrated joint board or a local authority in accordance with section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014[^f00013] and the Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014[^f00014].
Application of enactments
5
- (1) Each of the enactments specified in column 1 of each part of schedule 1 (the subject matter of which is described generally in column 2 of each part of that schedule) applies in relation to the Board as it applies in relation to Health Boards, subject to the modifications and limitations (if any) specified in column 3 of each part of schedule 1 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 its functions.
Dissolution and revocation
6
- (1) NHS Health Scotland[^f00015] is dissolved.
- (2) The following enactments are revoked—
- (a) the Health Education Board for Scotland Order 1990[^f00016], and
- (b) the Health Education Board for Scotland Amendment Order 2003[^f00017].
Transfer of property, rights and liabilities
7
The property and all other rights and liabilities of NHS Health Scotland will transfer to and vest in Public Health Scotland with effect from 1 April 2020.
Consequential amendments
8
Schedule 2 (consequential amendments) has effect.
SCHEDULE 1 — Enactments applied to the Board
PART 1 — The Act
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Enactment | Nature of Provision | Modifications and Limitations (where applicable) |
| In the Act— | ||
| In part 1— | Organisation | |
| In section 2— | Health Boards | |
| Subsection (3) | Variation of area of Health Board | |
| Subsection (4) | Provision incidental to variation of area of Health Board | |
| Subsection (5) | Health Boards to act in accordance with regulations or directions[^f00018] | |
| 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[^f00019] | |
| Section 12J | Co-operation with other Health Boards, Special Health Boards and the Agency[^f00020] | In subsection (1) for “one another” substitute “Health Boards”. |
| Section 12J | Co-operation with other Health Boards, Special Health Boards and the Agency[^f00020] | In subsection (2)(a) for “another” substitute “a”. |
| Section 12J | Co-operation with other Health Boards, Special Health Boards and the Agency[^f00020] | Omit “other”. |
| Section 12J | Co-operation with other Health Boards, Special Health Boards and the Agency[^f00020] | In subsection (2)(b) omit “other”. |
| Section 12J | Co-operation with other Health Boards, Special Health Boards and the Agency[^f00020] | In subsection (3)(a) for “another” substitute “a”. |
| Section 12K | Power of Health Board to carry out other Health Board’s functions[^f00021] | For “another” substitute “a”. |
| Section 12K | Power of Health Board to carry out other Health Board’s functions[^f00021] | After “Health Board” insert “or Special Health Board” each time it appears. |
| Section 13 | Co-operation between Health Boards and other Authorities[^f00022] | After “integration joint boards” insert “, Health Boards”. |
| Section 13A | Co-operation in planning of services for disabled persons, the elderly and others[^f00023] | After “(including HIS” insert “and Health Boards”. |
| In section 15— | Supply of goods and services to local authorities, etc. | |
| Subsection (1)(b) | Supply etc. of equipment, goods or materials to local and education authorities, government departments and other public bodies | |
| Subsection (1)(c) | Provision of services to local and education authorities[^f00024] | |
| 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[^f00025] | |
| Subsection (2) | Arrangements with third parties for the supply of equipment, goods and materials[^f00026] | For “paragraphs (a) and” substitute “paragraph”. |
| Subsection (2) | Arrangements with third parties for the supply of equipment, goods and materials[^f00026] | Omit “(including paragraph (a)” to “subsection (1A))”. |
| Section 16A | Power to make payments towards expenditure on community services[^f00027] | |
| In part IV— | Powers of the Scottish Ministers | |
| Section 77 | Default powers[^f00028] | |
| Section 78B | Relationship of sections 77, 78 and 78A[^f00029] | |
| In part V— | Property and Finance | |
| In section 79— | Purchase of land and moveable property | |
| Subsection (3) | Power to acquire moveable property on behalf of the Scottish Ministers[^f00030] | |
| In section 83— | Power of Health Boards and local health councils to hold property on trust | |
| Subsection (1) | Power to hold property on trust[^f00031] | |
| Subsection (1A) | Power to hold property on trust[^f00032] | |
| Section 84 | Power of trustees to make payments to Health Boards[^f00033] | |
| Section 84A | Power to raise money and property by appeals, collections and other similar activities[^f00034] | |
| Section 84B | Joint ventures[^f00035] | |
| Section 85AA | Means of meeting expenditure of health boards out of public funds[^f00036] | |
| In section 85A | Financial duties of bodies referred to in section 85 | |
| Subsection (4) | Disregard for the purposes of the section of certain trust funds[^f00037] | |
| Section 86 | Provision in relation to the keeping and auditing of accounts and their submission to the Scottish Ministers[^f00038] | |
| Section 87 | Power to make regulations as to financial arrangements of health service bodies[^f00039] | |
| In schedule 1– | Health Boards | |
| Paragraph 1 | Health Boards to be bodies corporate and have a common seal | |
| In paragraph 2 | Appointment of Chairman and members[^f00040] | |
| Sub-paragraph (1) | Health Boards to consist of certain types of members | In sub-paragraph 1(b), omit “following nomination” to the end. |
| Paragraph 3A | Chairman may not be an employee of that Health Board[^f00041] | |
| Paragraph 4 | Payment of remuneration to the Chairman and such members of Health Boards as may be prescribed[^f00042] | |
| Paragraph 5 | Employment of officers and servants[^f00043] | |
| Paragraph 5A | Provision concerning regulations and directions made under paragraph 5 above[^f00044] | |
| 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[^f00045] | |
| Paragraph 7A | Power to make regulations providing for transfer of officers and servants[^f00046] | In sub-paragraph (a) for “another” substitute “a”. After sub-paragraph (a), insert “(aa) another Special Health Board;”. |
| Paragraph 7B | Directions to Health Boards to place officers or servants at disposal of other bodies[^f00047] | |
| Paragraph 11 | Power to make regulations as to appointments, committees and procedure[^f00048] | |
| Paragraph 11A | Subscription to funds of other bodies[^f00049] | |
| Paragraph 12 | Proceedings not to be invalidated by vacancies[^f00050] | |
| Paragraph 13 | Payment to members of a Health Board and its committees and sub-committees of travelling and other allowances, including compensation for loss of remunerative time | Omit “, including compensation for loss of remunerative time,”. |
| 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— | The Agency | |
| Paragraph 7B | Power to make regulations providing for the transfer of officers and servants[^f00051] | |
| Paragraph 7C | Power to make directions as to placing of staff with other bodies[^f00052] |
PART 2 — Acts other than the Act
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| *Enactment*** | *Nature of Provision*** | *Modifications and Limitations (where applicable)*** |
| The Public Bodies (Admission to Meetings) Act 1960[^f00053] | Admission of the public to meetings | |
| Requirements of Writing (Scotland) Act 1995[^f00054] | Where they have delegated any function relating to the acquisition, management or disposal of land, power of the Scottish Ministers to authorise any officer of a Health Board to sign a document on their behalf | |
| Schedule 2, paragraph 6 | Where they have delegated any function relating to the acquisition, management or disposal of land, power of the Scottish Ministers to authorise any officer of a Health Board to sign a document on their behalf |
PART 3 — Enactments other than Acts of Parliament
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.