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National Health Service (Scotland) Act 1972

Type Public General Act
Publication 1972-08-09
Last updated 2009-10-01
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API

(7) (1) The Secretary of State may direct, in respect of the area of any Health Board or of Scotland as a whole, in either case as may be specified in the direction, that this Act shall apply to any infectious disease so specified, other than a disease specifically mentioned in this Act, and nay such direction may be permanent or for a specified period. (2) Before making any such direction, the Secretary of State shall consult, in the case of a direction which is to apply to a particular area, the Health Board concerned, and, in the case of a direction which is to apply to Scotland as a whole, the Scottish Health Service Planning Council. (3) The Secretary of State shall give public notice of any such direction in such manner as he thinks sufficient for giving information to all persons interested, and shall notify the terms of the direction to all registered medical practitioners practising or residing in the area affected by the direction. (4) A direction shall come into operation on such date as the Secretary of State may fix, being a date not earlier than one week from the first public notice given under subsection (3) above, or, in a case where the Secretary of State certifies that an emergency exists, a date not earlier than three days from the first public notice as aforesaid. (5) Any direction under this section may be revoked or varied by a subsequent direction made in the like manner.

Power of Secretary of State in an emergency

54

If the Secretary of State is of the opinion that an emergency exists, and thinks it necessary in order to secure the effective continuance of any service under the Health Service Acts, he shall have power to direct that any function conferred by or under those Acts on any body or person shall, during the period of the emergency, be performed by such other body or person as he may specify in the direction.

Furnishing of overseas aid by Health Boards and the Agency

55
  • (1) Any Health Board and the Agency shall each have power—
  • (a) with the consent of the Secretary of State, to enter into, and carry out, agreements with the appropriate Minister whereunder they act, at the expense of that Minister, as the instrument by means whereof technical assistance is furnished by him in exercise of the power conferred on him by section 1(1) of the Overseas Aid Act 1966 ; and
  • (b) with the consent of the Secretary of State and the appropriate Minister, to enter into and carry out agreements under which they furnish technical or any other assistance, other than financial, for any purpose mentioned in the said section 1(1), to any authority or person outside the United Kingdom, oil such terms as to payment as may be agreed.
  • (2) In this section, " appropriate Minister " means the Minister for the time being discharging the functions expressed by the said Act of 1966 to be conferred on the Minister of Overseas Development.

Transfer of functions under Nursing Homes Registration (Scotland) Act 1938

56

The functions exercisable by local authorities under the Nursing Homes Registration (Scotland) Act 1938 shall henceforth be exercisable by Health Boards acting on behalf of the Secretary of State.

Accounts of Health Boards and the Agency

57
  • (1) Every Health Board and the Agency shall keep, in such form as the Secretary of State may, with the approval of the Treasury, direct, accounts of all moneys received or paid out by them, and those accounts shall be audited by auditors appointed by the Secretary of State, and the Comptroller and Auditor General may examine all such accounts and any records relating thereto and any report of the auditor thereof.
  • (2) Regulations may make provision generally with respect to the audit of accounts under subsection (1) above and, in particular, for conferring on the auditor of any of those accounts such rights of access to, and production of, books, accounts, vouchers or other documents as may be specified in the regulations, and such right in such conditions, as may be so specified, to require from any member or officer, or former member or officer, of a Health Board or the Agency, such information relating to the affairs of the Board or Agency as the Secretary of State may think necessary for the proper performance of the duty of the auditor.
  • (3) Every Health Board and the Agency shall prepare and transmit to the Secretary of State, in respect of each financial year, accounts in such form as the Secretary of State may, with the approval of the Treasury, direct.
  • (4) The Secretary of State shall prepare in respect of each financial year, in such form as the Treasury may direct, summarised accounts of Health Boards and the Agency, and shall transmit them on or before the 30th day of November in each year to the Comptroller and Auditor General, who shall examine and certify them and lay copies of them together with his report thereon before both Houses of Parliament.

General

Purchase of land and moveable property

58
  • (1) The Secretary of State may purchase by agreement any moveable property and, by agreement or compulsorily, any land which he considers is required for the purposes of any service under the Health Service Acts, and may use for those purposes any property, heritable or moveable, acquired by him or on his behalf, under those Acts.
  • (2) Where the Secretary of State acquires premises under the foregoing subsection, he may acquire compulsorily, in accordance with Schedule 3 to the Act of 1947, any equipment, furniture or other moveable property used in or in connection with the premises.
  • (3) Any Health Board or the Agency may acquire on behalf of the Secretary of State any moveable property which may be required for the purposes aforesaid.
  • (4) For the purpose of the purchase of land by agreement by the Secretary of State, the Lands Clauses Acts (except so much thereof as relates to the acquisition of land otherwise than by agreement, and the provisions relating to access to the special Act, and except sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845), and section 6 and sections 70 to 78 of the Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the Mines (Working Facilities and Support) Act 1923) are hereby incorporated with this section, and, in construing those Acts for the purposes of this section, this section shall be deemed to be the special Act and the Secretary of State shall be deemed to be the promoter of the undertaking.

Exemption from stamp duty

59
  • (1) Stamp duty shall not be payable on any conveyance, agreement or assignation made, or instrument executed solely for the purpose of giving effect to any transfer of property, rights or liabilities by, or by an order made under, sections 13, 25 to 27, or 37 to 39 of this Act.
  • (2) Section 12 of the Finance Act 1895 (which requires Acts to be stamped as conveyances on sale in certain cases) shall not apply to the transfer of property, rights or liabilities by, or by an order made under, sections 13 or 25 to 27 of this Act, and stamp duty shall not be payable on any such order.

Expenses

60
  • (1) There shall be paid out of moneys provided by Parliament any sums payable by the Secretary of State in consequence of the provisions of this Act and any increase in the sums payable out of moneys so provided under any other enactment.
  • (2) Any sums payable under or by virtue of this Act to the Secretary of State shall be paid into the Consolidated Fund.
  • (3) There shall be paid by the Secretary of State such sums as may be necessary to defray the expenditure of the following bodies, being expenditure approved by him in the prescribed manner—
  • (a) the Scottish Health Service Planning Council;
  • (b) every Health Board ;
  • (c) the Agency;
  • (d) the Scottish Medical Practices Committee ;
  • (e) the Scottish Dental Estimates Board ;
  • (f) the Tribunal constituted under section 43 of the Act of 1947.
  • (4) The expenditure of a local health council shall, for the purposes of this section, be deemed to be the expenditure of the Health Board within whose area it has been established.
  • (5) The expenditure of a University Liaison Committee shall, for the purposes of this section, be deemed to be the expenditure of the Health Board for whose area it is constituted, and, where a University Liaison Committee is constituted for the areas of more than one Health Board, its expenditure shall be apportioned between the Boards concerned in such manner as may be determined by the Secretary of State.
  • (6) Payments under subsection (3) above shall be made at such times and in such manner, and subject to such conditions as to records, certificates or otherwise as the Secretary of State may determine.
  • (7) Having regard to the relief obtained or likely to be obtained by local authorities in the year 1973-74 or in the year 1974-75 which is attributable to the coming into operation of any provision of this Act, the Secretary of State may redetermine for those years the amount and portion mentioned in section 2(2)(a) and (b) of the Local Government (Scotland) Act 1966, and by an order, made in the like manner and subject to the like provisions as a rate support grant order, reduce the amount fixed by the relevant rate support grant order as the aggregate amount of the rate support grants and any element of the grants for those years.
  • (8) The provisions of sections 2 and 3 of the said Act of 1966, relating to consultation and to a report of the considerations leading to a determination under the said section 2, shall apply to a redetermination under subsection (7) above as they apply to a determination under that section.
  • (9) Expressions used in subsections (7) and (8) above have the same meanings as in the said Act of 1966.

Supplementary and transitional

61
  • (1) The Secretary of State may at any time, whether before or after the appointed day, by order make such incidental, consequential, transitional or supplementary provision as may appear to him to be necessary or proper for the general or any particular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto, and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.
  • (2) Any such order may in particular include provision for anything duly done before the appointed day by any authority or body in the exercise of functions which, on and after that day, become functions of some other authority or body to be deemed, as from that day, to have been duly done by that other authority or body, and for any instrument made before that day, in so far as it was made in the exercise of those functions, to continue in force on and after that day until varied or revoked by that other authority or body.
  • (3) In so far as any apportionment, agreement, regulation or order made, or any notice, direction, consent or approval given under any enactment repealed by this Act, or proceedings instituted or other thing done under any such enactment could have been made, given, instituted or done under a corresponding provision of this Act, it shall not be invalidated by the repeals effected by this Act, but shall have effect as if it had been made, given, instituted or done under that corresponding provision and may be amended, varied, revoked or enforced accordingly, and in the case of any legal proceedings may be continued and appealed against as if this Act had not been passed.
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations, orders and local enactments

62
  • (1) Any power conferred by this Act on the Secretary of State to make regulations or orders shall be exercisable by statutory instrument.
  • (2) All statutory instruments containing regulations made under this Act, and all statutory instruments containing orders referred to in subsection (3) below, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
  • (3) The orders concerned are orders made under section 13 of this Act determining the area of a Health Board, orders made under subsection (3) of that section and orders made under sections 25, 26(3), 27(5), 31 to 35, 37(2), 38(2) and 39(2) of this Act and under subsections (8) and (9) of this section.
  • (4) Any power under this Act to make regulations or orders may be exercised—
  • (a) either in relation to all cases to which the power extends, or in relation to those cases subject to exceptions, or in relation to any particular case or cases, and
  • (b) subject to such other exceptions or conditions as the Secretary of State thinks fit,

and shall include power to make such incidental or supplementary provision as appears to the Secretary of State to be expedient.

  • (5) Any power to make regulations under this Act shall, if the Treasury so direct, not be exercisable except in conjunction with the Treasury.
  • (6) Any order under this Act may be varied or revoked by a subsequent order made in the like manner and subject to the same provisions.
  • (7) Subject to subsection (8) below, where any local enactment provides for any matter which is also provided for by any provision of this Act or of any order or regulations made thereunder, the provisions of this Act, or, as the case may be, of that order or those regulations, shall have effect in substitution for the local enactment, which shall cease to have effect.
  • (8) The Secretary of State may by order except from the operation of subsection (7) above such local enactments as may be specified in the order and direct that the corresponding provisions of this Act or of any order or regulations made thereunder, as may be so specified, shall not have effect in the areas in which the specified local enactments have effect.
  • (9) If it appears to the Secretary of State that any local enactment, not being an enactment which has ceased to have effect by virtue of subsection (7) above, is inconsistent with any provision of this Act or of any order or regulations made thereunder, or is no longer required, or requires to be amended, having regard to any provision of this Act or of any order or regulations made thereunder, he may by order repeal or amend the local enactment as he may consider appropriate.

Interpretation

63
  • (1) Expressions used in this Act and the Act of 1947 have, unless the context otherwise requires, the same meanings as in that Act, and other expressions used in this Act shall, unless the context otherwise requires, have the following meanings:—
  • " the Act of 1947 " means the National Health Service (Scotland) Act 1947;
  • " the Act of 1968 " means the Health Services and Public Health Act 1968 ;
  • " the Agency " means the Common Services Agency for the Scottish Health Service constituted under section 19 of this Act;
  • " the appointed day " has the meaning assigned to it by section 65 of this Act;
  • " designated medical officer " means a medical officer designated under section 21 of this Act;
  • " Health Board " means a board constituted under section 13 of this Act;
  • " the Health Service Acts " means the National Health Service (Scotland) Acts 1947 to 1972;
  • " local health council " means a council established by virtue of section 14 of this Act;
  • " prescribed " means prescribed by regulations ;
  • " regulations " means regulations made by the Secretary of State under this Act;
  • " Scottish Health Service Planning Council " means the Council constituted under section 17 of this Act;
  • " University Liaison Committee " means a committee constituted by virtue of section 15 of this Act.
  • (2) Unless the context otherwise requires, any references in this Act to any enactment are references to that enactment as amended or extended by or under any other enactment, including this Act.

Minor and consequential amendments and repeals

64
  • (1) The enactments mentioned in Schedule 6 to this Act shall have effect subject to the amendments respectively specified in that Schedule, being minor amendments or amendments consequential on the provisions of this Act.
  • (2) The enactments set out in Schedule 7 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.

Commencement, short title and extent

65
  • (1) This Act (except this section) shall come into operation on the appointed day, being such day as the Secretary of State may by order appoint, and different days may be appointed under this subsection for different provisions of this Act or for different purposes, or for the purposes of the same provision in relation to different cases.
  • (2) This Act may be cited as the National Health Service (Scotland) Act 1972, and the National Health Service (Scotland) Acts 1947 to 1968 and this Act may be cited together as the National Health Service (Scotland) Acts 1947 to 1972.
  • (3) This Act, except in so far as it relates to the amendment of the House of Commons Disqualification Act 1957, extends to Scotland only.

SCHEDULES 1-3

PART I — Health Boards

1

A Health Board shall be a body corporate and shall have a common seal.

2

A Health Board shall consist of a chairman appointed by the Secretary of State and such number of other members so appointed as the Secretary of State thinks fit.

3

Appointments under paragraph 2 above shall be made after consultation with the following bodies—

  • (a) county councils and town councils of large burghs (within the meaning of the Local Government (Scotland) Act 1947) in the area of the Health Board concerned ;
  • (b) any university appearing to the Secretary of State to have an interest in the provision of health services in that area;
  • (c) such organisations as the Secretary of State may recognise as representative in that area of the medical, dental, nursing, pharmaceutical and ophthalmic professions and such other professions as the Secretary of State considers appropriate, or of those professions generally ; and
  • (d) such other organisations as appear to the Secretary of Stale to be concerned.
4

In the case of appointments made before the appointed day for the transfer of functions to a Health Board, the Secretary of State shall also consult with such of the following bodies providing services in the area of the Health Board as appear to him to be appropriate, that is to say—

  • (a) Regional Hospital Boards ;
  • (b) Boards of Management;
  • (c) Executive Councils ; and
  • (d) local health authorities.
5

The Secretary of State may pay to the chairman of a Health Board such remuneration as he may, with the approval of the Minister for the Civil Service, from time to time determine.

6

In Part III of Schedule 1 to the House of Commons Disqualification Act 1957 (which specifies offices the holders of which are disqualified under that Act) as it applies to the House of Commons of the Parliament of the United Kingdom, there shall be inserted at the appropriate point in alphabetical order the entry " Paid chairman of a Health Board constituted under the National Health Service (Scotland) Act 1972 ".

7

A Health Board may employ such officers and servants on such terms as to remuneration and conditions of service as the Board may, subject to regulations, determine.

8

Regulations may make provision with respect to the method of appointment of officers or servants of a Health Board and as to the qualifications, remuneration and conditions of service of those persons.

9

No officer or servant of a Health Board to whom regulations apply shall be employed otherwise than in accordance with the regulations.

10

Regulations under paragraph 8 above shall not contain a requirement that all consultants employed for the purpose of hospitals shall be employed whole-time.

11

The application of the seal of a Board to any document shall be attested by at least one member of the Board and by the person for the time being acting as Secretary of the Board.

12

Every document purporting to be an instrument issued by a Board and to be sealed and attested as aforesaid or to be duly signed on behalf of the Board shall be received in evidence and shall be deemed to be such an instrument without further proof unless the contrary is shown.

PART II — University Liaison Committees

The University Liaison Committee for any area or combination of areas shall consist of such number of members as the Secretary of State thinks fit, and of those members—

The Committee shall appoint one of their number to be chairman.

PART III — Supplementary Provisions

1

Regulations may make provision—

  • (a) as to the appointment, tenure of office and vacation of office of chairmen and members of Health Boards and University Liaison Committees ;
  • (b) as to the delegation of functions to committees or subcommittees composed, as to a majority, of members of those bodies;
  • (c) as to the procedure of those bodies, their committees and sub-committees; and
  • (d) for the payment by Health Boards of subscriptions, of such amounts as the Secretary of State may approve, to the funds of such associations or other bodies as he may from time to time approve.
2

The proceedings of a Health Board or a University Liaison Committee shall not be invalidated by any vacancy in membership or by any defect in the appointment of any member thereof.

3

The Secretary of State shall pay to members of a Health Board, the committees and sub-committees thereof, and to members of University Liaison Committees, such travelling and other allowances, including compensation for loss of remunerative time, as he may, with the approval of the Minister for the Civil Service, from time to time determine.

4

Allowances shall not be paid under paragraph 3 above except in connection with the performance of such powers or duties, in such circumstances, as the Secretary of State may determine.

5

Payments under paragraph 3 above shall be made at such times and in such manner, and subject to such conditions as to records, certificates or otherwise, as the Secretary of State may determine.

SCHEDULE 2

1

The Scottish Health Service Planning Council shall consist of a chairman appointed by the Secretary of State, and other members appointed as follows—

  • (a) one member appointed by each Health Board ;
  • (b) one member appointed by each university in Scotland which has a medical school;
  • (c) not more than six officers of the Secretary of State appointed by him; and
  • (d) such other members, not being officers of the Secretary of State, as may be appointed by him.
2

The Secretary of State shall have power to appoint a vice-chairman from among the membership of the Council.

3

Regulations may make provision for—

  • (a) the appointment, tenure and vacation of office of the chairman, vice-chairman and members of the Council;
  • (b) enabling alternate members to attend in place of any member of the Council who may be absent;
  • (c) the attendance as assessors at meetings of the Council ofthe chairmen of the national consultative committees;
  • (d) the appointment by the Council of committees whose membership may include persons who are not members of the Council; and
  • (e) the procedure of the Council or of any committee thereof.
4

The proceedings of the Council or of any committee thereof shall not be invalidated by any vacancy in the membership of the Council or committee or by any defect in the appointment or qualification of any member thereof.

5

The Secretary of State shall pay to members of the Council, the committees and sub-committees thereof, such travelling and other allowances, including compensation for loss of remunerative time, as he may, with the approval of the Minister for the Civil Service, from time to time determine.

6

Allowances shall not be paid under paragraph 5 above except in connection with the performance of such powers or duties, in such circumstances, as the Secretary of State may determine.

7

The Secretary of State shall have power, after consultation with the Council, to make such arrangements for the provision of secretarial and other services and facilities for the Council as appear to him to be appropriate.

SCHEDULES 5-7

1

The Agency shall be a body corporate and shall have a common seal.

2

The affairs of the Agency shall be managed by a management committee constituted in accordance with paragraph 3 below.

3

The management committee shall consist of a chairman appointed by the Secretary of State and other members appointed as follows—

  • (a) five members appointed by the Secretary of State ;
  • (b) six members appointed by the Secretary of State on the nomination of the Health Boards acting jointly; and
  • (c) such other members as may be appointed by the Secretary of State after consultation with the Health Boards, acting jointly.
4

The proceedings of the management committee shall not be invalidated by any vacancy in its membership or by any defect in the appointment of any member thereof.

5

The Secretary of State shall pay to members of the management committee and sub-committees thereof such travelling and other allowances, including compensation for loss of remunerative time, as he may, with the approval of the Minister for the Civil Service, from time to time determine.

6

Allowances shall not be paid under paragraph 5 above except in connection with the performance of such powers or duties, in such circumstances, as the Secretary of State may determine.

7

The Agency may employ such officers and servants on such terms as to remuneration and conditions of service as the management committee may, subject to regulations, determine.

8

Regulations may make provision with respect to—

  • (a) the appointment, tenure and vacation of office of the chairman and members of the management committee ;
  • (b) enabling alternate members to attend in place of any member of the committee who may be absent;
  • (c) the appointment by the management committee of subcommittees whose membership may include persons who are not members of the management committee;
  • (d) the procedure of the management committee ; and
  • (e) the method of appointment of officers or servants of the Agency and the qualifications, remuneration and conditions of service of those persons.
9

No officer or servant of the Agency to whom regulations apply shall be employed otherwise than in accordance with the regulations.

10

The application of the seal of the Agency to any document shall be attested by at least one member of the management committee and by an officer authorised for the purpose by the management committee.

11

Every document purporting to be an instrument issued by the Agency and to be sealed and attested as aforesaid or to be duly signed on behalf of the Agency shall be received in evidence and shall be deemed to be such an instrument without further proof unless the contrary is shown.

SCHEDULE 4

1

Functions with respect ot the notification of infectious disease under the Infectious Disease (Notification) Act 1889.

2

Functions with respect to persons infested with vermin under the Cleansing of Persons Act 1897.

3

Functions with respect to the notification or prevention of infectious disease, mortuaries or common lodging-houses under the Public Health (Scotland) Act 1897 or the functions of a port local authority under that Act.

4

Functions with respect to the notification of births under the Notification of Births Act 1907.

5

Functions with respect to the prevention and treatment of epidemic, endemic or infectious diseases, or food poisoning.

6

Functions of local authorities under the Food and Drugs (Scotland) Act 1956.

7

Functions with respect to preventing the spread of infectious disease or food poisoning under section 71 of the Act of 1968.

SCHEDULE 5

1

Action taken by medical practitioners, dental practitioners, pharmacists, ophthalmic or dispensing opticians in pursuance of their contracts with Executive Councils or Health Boards under Part IV of the Act of 1947.

2

Action taken in connection with the diagnosis of illness or disease or the care or treatment of a patient, being action which, in the opinion of the Commissioner, was taken solely in the exercise of clinical judgment, whether formed by the person taking the action or by any other person.

3

Action taken by an Executive Council or a Health Board in the exercise of their functions under the National Health Service (Medical and Pharmaceutical Service Committees and Tribunal) (Scotland) Regulations 1948, Parts VI and VII of the National Health Service (General Dental Services) (Scotland) Regulations 1948, Part III of the National Health Service (Joint Ophthalmic Services Committees) (Scotland) Order 1948 or any regulations or order amending or replacing those regulations or that order.

4

Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to service under the Health Service Acts.

5

Action taken in matters relating to contractual or other commercial transactions other than in matters arising from arrangements between a body subject to investigation and an authority or body outwith the health service for the provision of services to patients by that authority or body.

6

Action which has been or is the subject of an inquiry under section 69 of the Act of 1947.

7

Action in relation to which the protective functions of the Mental Welfare Commission have been, are being or may be exercised under the Mental Health (Scotland) Act 1960.

SCHEDULE 6

PART I — Amendments of the National Health Service (Scotland) Acts 1947 to 1968

The National Health Service (Scotland) Act 1947

1

In section 1 (duty of Secretary of State), the following amendments shall be made:—

  • (a) in subsection (1), for the words " following provisions of this Act" there shall be substituted the words " provisions of the National Health Service (Scotland) Acts 1947 to 1972 ";
  • (b) in subsection (2), for the words " this Act" there shall be substituted the words " those Acts ".
2

In section 3 (charges and expenses), the following amendments shall be made:—

  • (a) in subsection (3), at the end there shall be added the words " This subsection does not extend to appliances to which section 45 of this Act relates. ";
  • (b) in subsection (4), for the words " hospital and specialist services" there shall be substituted the words " any service under the National Health Service (Scotland) Acts 1947 to 1972 ".
3

In section 34(1) (general medical services), for the words " Executive Council" there shall be substituted the words " Health Board ".

4

In section 35 (distribution of medical practitioners), the following amendments shall be made:—

  • (a) for the words " Executive Councils ", " Executive Council", " an Executive Council" and " Council ", wherever they occur, there shall be substituted respectively the words " Health Boards " , "Health Board", "a Health Board" and " Board ".
  • (b) in subsection (3), for the words from " a Local Medical Committee" to " Committee" there shall be substituted the words " an area medical committee has been formed for the area of the Board and recognised under section 16 of the National Health Service (Scotland) Act 1972, consult that committee ".
5

In section 36(1) (prohibition of sale of medical practice), in the proviso, for the words from " in the area " to " been entered " there shall be substituted the words " in an area for which he has never been on any list of medical practitioners undertaking to provide general medical services ".

6

In section 39 (general dental services), the following amendments shall be made:—

  • (a) in subsection (1), for the words " Executive Council" there shall be substituted the words " Health Board ";
  • (b) in paragraph (e) of subsection (2), for the words "an Executive Council" there shall be substituted the words " a Health Board " and for the words " the Sixth Schedule to this Act" there shall be substituted the words " Schedule 1 to the National Health Service (Scotland) Act 1972 ".
7

In section 40(1) (pharmaceutical services), for the words " Executive Council" there shall be substituted the words " Health Board ".

8

In section 41(1) (provision of pharmaceutical services), for the words " the Executive Council" there shall be substituted the words " a Health Board ".

9

In section 42(1) (general ophthalmic services), for the words " Executive Council" there shall be substituted the words " Health Board ".

10

In section 43 (disqualification of persons providing services), the following amendments shall be made—

  • (a) for the words " Executive Council", " an Executive Council " and " Councils ", wherever they occur, there shall be substituted respectively the words " Health Board " , " a Health Board " and " Boards " ;
  • (b) for subsection (8) there shall be substituted the following subsection—

(8) Where immediately before the appointed day any person is disqualified under this section from inclusion in any list kept by an Executive Council under Part IV of this Act, he shall, until such time as the Tribunal or the Secretary of State directs to the contrary, be disqualified for inclusion in the appropriate list referred to in subsection (1) of this section.

;

  • (c) at the end there shall be added the following subsection—

(9) The references in subsections (1), (3) and (5) above to a Health Board shall include a reference to such committee or joint committee as may be prescribed.

11

In section 44 (powers of Secretary of State where services inadequate), for the words " Executive Council", in both places where they occur, there shall be substituted the words " Health Board ".

12

In section 56 (default powers of Secretary of State), the following amendments shall be made:—

  • (a) in subsection (1), for the words from " any Regional" to" health authority " there shall be substituted the words " any Health Board ", and for the words " this Act " there shall be substituted the words " the National Health Service (Scotland) Acts 1947 to 1972 ";
  • (b) in subsection (2), for the words from " Except" to " health authority " there shall be substituted the words " When such an order is made ", and for the words " this Act" there shall be substituted the words " the National Health Service (Scotland) Acts 1947 to 1972 ";
  • (c) subsection (3) shall cease to have effect.
13

In section 69(1) (inquiries), for the words "this Act" there shall be substituted the words " the National Health Service (Scotland) Acts 1947 to 1972 ".

14

In section 70 (protection of certain bodies and officers), for the words from "a Regional" to " Council" there shall be substituted the words " a Health Board and the Common Services Agency for the Scottish Health Service ", and for the words " this Act, and " there shall be substituted the words " the National Health Service (Scotland) Acts 1947 to 1972 ".

15

In section 72(c) (proof of resolutions), for the words from " local " to " this Act" there shall be substituted the words " any bodies constituted under the National Health Service (Scotland) Acts 1947 to 1972 ".

16

In section 77 (arbitration), for the words " this Act" there shall be substituted the words " the National Health Service (Scotland) Acts 1947 to 1972 ".

17

In Schedule 3 (acquisition of moveable property), for the head-note and paragraph 1 there shall be substituted the following head-note and paragraph—

(1) Where under the National Health Service (Scotland) Acts 1947 to 1972, in connection with the acquisition of any premises, the Secretary of State proposes to acquire any equipment, furniture or other moveable property used in or in connection with the premises, he may, at any time after the acquisition of the premises (in the case of acquisition by agreement) or at any time after the service of a notice to treat (in the case of a compulsory acquisition of premises), serve a notice on the owner of the premises specifying the property proposed to be acquired, and specifying the time within which and the manner in which any objection to such acquisition may be made

.

18

In Schedule 8 (tribunal), in paragraph 3, for the words from " associations " onwards there shall be substituted the words " body as the Secretary of State may recognise as being representative of Health Boards ".

19

In Schedule 10 (inquiries), in paragraph 6, for the words from " such reasonable " to " day " there shall be substituted the words " a reasonable sum ".

The National Health Service (Amendment) Act 1949

20

In section 8 (removal of doubts regarding section 35), after " Council" there shall be inserted the words " or a Health Board ".

21

In section 23(1) (transfer of property by voluntary organisations), for the words " a local health authority " and for the words " the authority ", where subsequently occurring, there shall be substituted the words " the Secretary of State ".

22

In section 28 (recovery of expenses), for the words " hospital and specialist services " there shall be substituted the words " services under the National Health Service (Scotland) Acts 1947 to 1972 ".

The National Health Service Act 1951

23

In section 1 (charges for appliances), the following amendments shall be made:—

  • (a) in subsection (1), for the words " Part II or Part IV of those Acts respectively" there shall be substituted the words " the National Health Service (Scotland) Acts 1947 to 1972 ";
  • (b) in subsection (3)(a), for the words " said Part II" (where first occurring) there shall be substituted the words " National Health Service (Scotland) Acts 1947 to 1972, otherwise than under the said Part IV ", and for the words " the said Part II" (where second occurring) there shall be substituted the words " those Acts ";
  • (c) in subsection (4), for the words "an Executive Council" there shall be substituted the words " a Health Board ".
24

In the Schedule, in the definition of " current specified cost", for the words "Part II of those Acts respectively" there shall be substituted the words " the National Health Service (Scotland) Acts 1947 to 1972, otherwise than under Part IV of the said Act of 1947 ".

The National Health Service Act 1952

25

In section 1(1) (charges), for the words from " as part" to " Part II" there shall be substituted the words " under the National Health Service Acts, otherwise than under Part IV ".

26

In section 7 (regulations as to charges), the following amendments shall be made—

  • (a) in subsection (4), for the words from the beginning to " education authorities " there shall be substituted the words " For the purposes of section 6(2) of the National Health Service (Scotland) Act 1972 (which requires the Secretary of State ";
  • (b) in subsection (6), for the words from "Regional" to " Council" there shall be substituted the words " Health Board ".
27

In section 8(1) (interpretation), for the word " 1951 " (where second occurring) there shall be substituted the word " 1972 ".

The National Health Service Act 1961

28

In section 1(4) (charges), for the words " of the Act of 1947 " there shall be substituted the words " the National Health Service (Scotland) Acts 1947 to 1972 ".

29

In section 3(1) (interpretation), in paragraph (a) of the definition of " the relevant time ", for the words " of the Act of 1947 " there shall be substituted the words " the National Health Service (Scotland) Acts 1947 to 1972, otherwise than under Part IV of the Act of 1947 ", and for the words "Part II or Part IV thereof" there shall be substituted the words " those Acts ", and, in paragraph (b) of that definition, for the words " either of the said Acts " there shall be substituted the words " the Act of 1947 ".

The Health Services and Public Health Act 1968

30

In section 1(1) (accommodation for private patients), for the words " providing hospital and specialist services" there shall be substituted the words " vested in him ".

31

In section 2(1) (accommodation and treatment of non-resident private patients), for the words "providing hospital and specialist services " there shall be substituted the words " vested in him ".

32

In section 29(3) (regulation of financial arrangements of certain bodies), after the words " as if—" there shall be inserted the following paragraph— " (aa) in subsection (1) there were substituted for the words from " Regional" to " 1946 Act" the words " Health Boards, the Common Services Agency for the Scottish Health Service " ; " and paragraphs (b) and (d) shall be omitted.

33

In section 30(1) (certificates for exemption from prescription charges), for the words " section 38(3) of the 1946 Act" there shall be substituted the words " section 40(3) of the 1947 Act " and for the words " as part of hospital and specialist services under Part II of the 1946 Act" there shall be substituted the words " under the National Health Service (Scotland) Acts 1947 to 1972, otherwise than under Part IV of the 1947 Act ".

34

In section 31 (power to make services available), the following amendments shall be made—

  • (a) for the words " hospital and specialist services " (where first occurring) there shall be substituted the words " services under the National Health Service (Scotland) Acts 1947 to 1972 ";
  • (b) for the words " hospital and specialist services" (where second occurring) there shall be substituted the words " services under those Acts ".
35

In section 32 (power to dispose of and produce goods), the following amendments shall be made—

  • (a) in subsection (1), for the words "hospital and specialist services " there shall be substituted the words " any service under the National Health Service (Scotland) Acts 1947 to 1972 ";
  • (b) in subsection (2), for the words " 1947 Act" there shall be substituted the words " National Health Service (Scotland) Acts 1947 to 1972 ".
36

In section 40(1) (accommodation for persons displaced in course of development), for the words " of hospital" there shall be substituted the words " or the National Health Service (Scotland) Act 1972 of ".

PART II — Amendments of Other Enactments

The Infectious Disease (Notification) Act 1889

37

In section 3(1) (notification of infectious disease), for the words "medical officer of health" (wherever they occur) there shall be substituted the words " chief administrative medical officer of the Health Board ".

38

In section 6 (definition of infectious disease), for the words " local authority for the district" there shall be substituted the words " Secretary of State ".

39

In section 8(2) (notices and certificates), for the words " a medical officer of health " there shall be substituted the words " the chief administrative medical officer of a Health Board ", for the words " his office or residence " there shall be substituted the words " the office of the Health Board " and for the words " his office or at his residence " there shall be substituted the words " that office ".

40

In section 13(2) (application of Act to ships, etc.), for the words from " district of any " onwards there shall be substituted the words " area of any Health Board shall be deemed for the purposes of this Act to be within the area of the Board nearest which it is lying ".

The Burgh Police (Scotland) Act 1892

41

In section 126 (manure offensive to health), for the words "medical officer of health" there shall be substituted the words " sanitary inspector ".

42

In section 255 (defective privies), for the words "medical officer of health " there shall be substituted the words " designated medical officer ".

The Public Health (Scotland) Act 1897

43

In section 18 (power of entry), for the words " medical officer ", wherever they occur, there shall be substituted the words " designated medical officer ", and for the words "their officers", where first occurring, and the words " their officers or other persons " there shall be substituted the words " others aforesaid ".

44

In section 36(1) (nuisance), for the words " their medical officer " there shall be substituted the words " the designated medical officer or their sanitary inspector ".

45

For the purposes of sections 46 to 51, 53 to 57, 59, 62 to 64, 66, 69 (so far as relating to infectious diseases), 70, 96 and 97, the term " local authority " means a county council or the town council of a large burgh within the meaning of the Local Government (Scotland) Act 1947.

46

In section 47(1) (cleansing and disinfecting of premises), for the words "medical officer or any other legally qualified medical practitioner" and for the words "medical officer or of any other legally qualified medical practitioner" there shall be substituted the words " designated medical officer ".

47

In section 49 (launderers to supply names), for the words "medical officer of health" there shall be substituted the words " designated medical officer ".

48

In section 51 (infected lodgings not to be let), for the words " medical officer " there shall be substituted the words " designated medical officer ".

49

In section 53(1)(a) (disinfection of houses), for the words " medical officer " there shall be substituted the words " designated medical officer ".

50

In section 54(1) (hospitalisation of infected persons), for the words from " medical officer " to " to be removed " there shall be substituted the words " designated medical officer ".

51

In section 56(1)(c) (exposure of infected persons), for the words " medical officer " there shall be substituted the words " designated medical officer ".

52

In section 57 (penalty for sending infected child to school), for the words "medical officer" there shall be substituted the words " designated medical officer ".

53

In section 62(1) (dead bodies not to be retained), for the words "medical officer" there shall be substituted the words " designated medical officer ".

54

In section 63(1) (infected bodies to be removed only for burial), for the words " medical officer " there shall be substituted the words " designated medical officer ".

55

In section 69 (power to order removal of body to mortuary), in subsections (1) and (3), for the words " medical officer ", wherever they occur, there shall be substituted the words " designated medical officer ".

56

In section 73(3) (entry to tents, etc.), for the words " medical officer", wherever they occur, there shall be substituted the words " designated medical officer ", and after the words " local authority " there shall be inserted the words " or the designated medical officer ".

57

In section 96 (removal of sick to hospitals), for the words from "without further warrant" to "so certified" there shall be substituted the words " on the certificate of the designated medical officer that the disease is infectious and that the patient may be safely removed, cause him to be removed to a hospital vested in the Secretary of State, but if removal be considered dangerous to life by such officer and is so certified, ".

58

In section 97 (sick persons in common lodging-houses), for the words "medical officer", wherever they occur, there shall be substituted the words " designated medical officer ".

59

In section 98 (inspection of common lodging-houses), after the Word " authority" there shall be inserted the words " or by the designated medical officer ".

The Notification of Births Act 1907

60

In section 1 (early notification of births), the following amendments shall be made—

  • (a) in subsection (1), for the words " medical officer of health of the district" there shall be substituted the words " chief administrative medical officer of the Health Board for the area ";
  • (b) in subsection (2), for the words " medical officer of health " there shall be substituted the words " chief administrative medical officer of the Health Board ", and for the words "the medical", where second occurring, there shall be substituted the word " that ";
  • (c) in subsection (4), for the words " medical officer of health "there shall be substituted the words " chief administrative medical officer of the Health Board ".

The Milk and Dairies (Scotland) Act 1914

61

In section 4(3) (inspection of dairies), for the words "medical officer of health ", where second occurring, there shall be substituted the words " sanitary inspector ".

62

In section 6 (intimation of inspection of dairies), for the words " medical officer of health ", where first occurring, there shall be substituted the words " sanitary inspector ".

63

In section 15 (notification of sick employees), for the words " medical officer of health for the district " there shall be substituted the words " chief administrative medical officer of the Health Board for the area. "

64

For section 16 (dairies and infectious disease), there shall be substituted the following section—

(16) Where infectious disease occurs among the persons employed, or in the families of persons employed, or among the persons residing at a dairy from which milk is consigned, the dairyman may be required to furnish the designated medical officer with a list of the districts to which the milk is consigned.

65

In section 17(1) (persons with disease not to assist in dairy), for the words " the medical officer of health " there shall be substituted the words " a medical officer duly authorised by the Health Board or any officer duly authorised by the local authority ".

66

In section 18 (procedure for stoppage of milk supplies), the following amendments shall be made—

  • (a) in subsections (1) and (3), for the words " medical officer of health " and " medical officer ", wherever they occur, there shall be substituted the words " designated medical officer or sanitary inspector ";
  • (b) in subsection (6), for the words " their medical officer " and "medical officer" there shall be substituted the words " the designated medical officer or sanitary inspector ".
67

In section 19 (dairymen to produce lists of customers), for the words " medical officer of health " there shall be substituted the words " designated medical officer or sanitary inspector ", and after the words " such medical officer " there shall be inserted the words " or sanitary inspector ".

68

In section 20 (power to inspect dairies), for the words " medical officer of health " there shall be substituted the words " designated medical officer or sanitary inspector ".

69

In section 21 (sampling of milk), for the words "medical officer of health ", wherever they occur, there shall be substituted the words " designated medical officer ".

The Local Government (Emergency Provisions) Act 1916

70

In section 5(b) (notification of disease), for the words " medical officer of health of the district" there shall be substituted the words " chief administrative medical officer of the Health Board for the area " and for the words " local authority " there shall be substituted the words " Health Board ".

The Nursing Homes Registration (Scotland) Act 1938

71

In section 1 (registration), the following amendments shall be made—

  • (a) in subsection (2), for the words " local authority" there shall be substituted the words " Health Board ", and for the words " a fee of £1 " there shall be substituted the words " such fee as may be so prescribed ";
  • (b) in subsection (3), for the words " local authority" and " authority" there shall be substituted respectively the words " Health Board " and " Board ".
72

In sections 2 and 3 (cancellation of registration and notification thereof), for the words " local authority " and " authority ", wherever they occur, there shall be substituted respectively the words " Health Board " and " Board ".

73

At the end of section 4(1) (regulations), there shall be added the following words—

and (d) with respect to such matters as appear to be expedient in order to secure continuity between the system of registration by local authorities and the system of registration by Health Boards.

.

74

In section 5(1) (inspection of nursing homes), for the words from the beginning to " made by the authority " there shall be substituted the words " Any medical officer, qualified nurse or other officer of the Health Board duly authorised by the Board ".

75

In section 6 (power to exempt certain institutions), for the words " local authority " and " authority", wherever they occur, there shall be substituted respectively the words " Health Board " and " Board ".

The Public Health (Scotland) Act 1945

76

In section 1 (enforcement of regulations) the following amendments shall be made—

  • (a) in subsection (3), after the words " port local authorities " there shall be inserted the words " or Health Boards ", and, in the proviso, after the word " authority " there shall be inserted the word " Board ";
  • (b) in subsection (4), after the word " authority " there shall be inserted the word " Board ";
  • (c) in subsection (8), in the definition of " authorised officer ", for the words " medical officer of health" there shall be substituted the words " designated medical officer ".

The Polish Resettlement Act 1941

77

In section 4(1) (health services for Poles), for the words " local health authorities ", where first occurring, there shall be substituted the words " Health Boards ".

78

In section 11(3)(b) (application to Scotland), for the words " any corresponding Act applying to Scotland " there shall be substituted the words " the National Health Service (Scotland) Acts 1947 to 1972 ".

The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

79

In section 1(1)(d) (compulsory purchase of land by Secretary of State), for the words from " 57 " to " 1947 " there shall be substituted the words " 58 of the National Health Service (Scotland) Act 1972 ".

The Local Government (Scotland) Act 1947

80

For section 79(7) (medical officer and sanitary inspector), there shall be substituted the following subsection—

(7) The sanitary inspector of a county shall not be removable from office except by or with the sanction of the Secretary of State.

81

For section 87(8) (burgh medical officers and sanitary inspectors), there shall be substituted the following subsection—

(8) The sanitary inspector of a burgh shall not be removable from office except by or with the sanction of the Secretary of State.

The National Assistance Act 1948

82

In section 24(6) (ordinary residence of patient), for the words " Part II of the National Health Service (Scotland) Act 1947 " there shall be substituted the words " in a hospital vested in the Secretary of State ".

83

In section 47 (removal of persons in need of care), the following amendments shall be made—

  • (a) in subsections (2) and (7), for the words " medical officer of health " there shall be substituted the words " designated medical officer ";
  • (b) in subsection (8), for the words " Act 1947 " there shall be substituted the words " Acts 1947 to 1972 ".

The Midwives (Scotland) Act 1951

84

In section 17 (local supervising authorities), for the words from " local health " to " 1947 " there shall be substituted the words " Health Board ", and for the words " the authority " there shall be substituted the words " the Health Board ".

85

In section 28(2) (apportionment of balances), for the words from " proportion " to " time being " there shall be substituted the words " such proportion as the Secretary of State may approve ".

The Nurses (Scotland) Act 1951 General amendments

86

For the words " regional nurse-training committee", " a regional nurse-training committee" and " regional nurse-training committees ", wherever they occur, there shall be substituted respectively the words " area nurse-training committee " , " an area nurse-training committee " and " area nurse-training committees "

Particular amendments

87

In section 19(4) (definition of " area"), for the words " a hospital area " there shall be substituted the words " the area of a Health Board ", and for the words " two or more hospital areas " there shall be substituted the words " the areas of two or more Health Boards ".

88

In section 20 (schemes for training of nurses), the following amendments shall be made—

  • (a) in subsection (1), for the words " Board of Management acting on behalf of a Regional Hospital Board" and for the words " Board of Management" there shall be substituted respectively the words " Health Board " and "Health Boards";
  • (b) in subsections (2) and (3), for the words " Regional Hospital Board ", wherever they occur, there shall be substituted the words " Health Board ".
89

In section 22 (expenditure on training of nurses), for the words " Board of Management", wherever they occur, there shall be substituted the words " Health Board ", and, in subsection (1), for the words " section 54 of the National Health Service (Scotland) Act 1947" there shall be substituted the words " section 60 of the National Health Service (Scotland) Act 1972 ".

90

In section 32 (supplemental), for the definition of " licensing authority " there shall be substituted the following definition—

  • " licensing authority" means the Health Board for the area concerned.
91

In Schedule 4 (nurse-training committees), for the words " Regional Hospital Board" and " Regional Hospital Boards", wherever they occur, there shall be substituted respectively the words " Health Board " and " Health Boards ".

92

In paragraphs 1(a) and 4(1) of Schedule 4, for the words " more than one hospital area " there shall be substituted the words " the area of more than one Health Board ".

The Rag Flock and Other Filling Materials Act 1951

93

In section 35 (interpretation), in the definition of " authorised officer of a local authority ", for the words " medical officer of health " there shall be substituted the words " designated medical officer ".

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

94

In Schedule 2 (relevant service), the following amendments shall be made—

  • (a) in item 15, for the words "the National Health Service (Scotland) Act 1947" there shall be substituted the words " a Health Board or the Common Services Agency for the Scottish Health Service or other body constituted under the National Health Service (Scotland) Acts 1947 to 1972, and, in the second column, after the word " Council" there shall be inserted the word " Agency ";
  • (b) in item 16, in the second column, after the word " Council " there shall be inserted the words " or Health Board ".

The Food and Drugs (Scotland) Act 1956

95

In section 22 (notification of food poisoning), for the words "local health authority", wherever they occur, there shall be substituted the words " Health Board ", and, in subsection (1), for the words " medical officer for that area" there shall be substituted the words " chief administrative medical officer of the Board ".

96

In section 24 (suspected food), for the words " medical officer of any local authority " and the words " medical officer ", wherever they occur, there shall be substituted the words " designated medical officer or sanitary inspector ", and, in subsection (3), for the words " local authority ", in both places where they occur, there shall be substituted the words " Health Board ".

97

In section 58(1) (interpretation), in the proviso to the definition of " authorised officer ", for the words " medical officer " there shall be substituted the words " designated medical officer ".

The Medical Act 1956

98

In section 16 (employment in health centres), the following amendments shall be made—

  • (a) in subsection (1), for the words " section 15 of the National Health Service (Scotland) Act 1947" there shall be substituted the words " section 2 of the National Health Service (Scotland) Act 1972 ";
  • (b) in subsection (2)(b), for the words from " such out-patient" to " 1947 " there shall be substituted the words " the services of specialists or other services provided for out-patients in such a health centre as is referred to in subsection (1) above ".

The Dentists Act 1957

99

In section 42(4) (national and local authority health services), the following amendments shall be made—

  • (a) in paragraph (a), after " 1948 " there shall be inserted the words " or of services under section 2 of the National Health Service (Scotland) Act 1972 ";
  • (b) in paragraph (b), for the words " section 15 of the National Health Service (Scotland) Act 1947" there shall be substituted the words " section 2 of the National Health Service (Scotland) Act 1972 ";
  • (c) in paragraph (c), for the words " section 22 of the National Health Service (Scotland) Act 1947" there shall be substituted the words " section 5 of the National Health Service (Scotland) Act 1972 ";
  • (d) in paragraph (d), for the words from " section 51 " to " 1956" there shall be substituted the words " section 6 of the National Health Service (Scotland) Act 1972 ".

The Opticians Act 1958

100

In section 21(2)(b) (restriction on sale or supply of optical appliances), after the word " 1947 " there shall be inserted the words " the National Health Service (Scotland) Act 1972 ".

The National Assistance (Amendment) Act 1959

101

In section 1(1) (determination of ordinary residence), for the words " Part II of the National Health Service (Scotland) Act 1947 " there shall be substituted the words " in a hospital vested in the Secretary of State ".

The Mental Health Act 1959

102

In section 81(2)(a) (removal of patients to Scotland), for the words " board of management" there shall be substituted the words " Health Board responsible for the administration of the hospital ".

The Road Traffic Act 1960

103

In section 214(1)(c) (payment for treatment), for the words irom "any" onwards there shall be substituted the words " the Health Board responsible for the administration of the hospital ".

The Radioactive Substances Act 1960

104

In section 14(1) (application to Crown), for the words " Board of Management", in both places where they occur, there shall be substituted the words " Health Board ".

The Mental Health (Scotland) Act 1960

105

In section 7(1A) (functions of local authorities), for the words " the aforesaid persons" there shall be substituted the words " persons who are or have been suffering from mental disorder ".

106

In section 15(3)(a) (registration of private hospitals), for the words from " provided " to " 1947 " there shall be substituted the words " vested in the Secretary of State ".

107

In section 27 (medical recommendations), the following amendments shall be made—

  • (a) in paragraph (b), for the words " Regional Hospital Board " there shall be substituted the words " Health Board ";
  • (b) in paragraph (c), for the words "section 5 of the National Health Service (Scotland) Act 1947" there shall be substituted the words " section 1 or 2 of the Health Services and Public Health Act 1968 ".
108

In section 30(2) (rectification of application etc.), for the words " medical officer of the local authority " there shall be substituted 'the words " designated medical officer ".

109

In the proviso to section 34(2) (correspondence of patients), after the words " any of the following—" there shall be inserted the following item—

(i) the European Commission of Human Rights ;

.

110

In section 53(1)(5) (interpretation), for the words from "the medical" to " that authority " there shall be substituted the words " any medical practitioner authorised by the local authority ".

111

In section 57(1) (medical evidence), for the words "Regional Hospital Board" there shall be substituted the words " Health Board ".

112

In section 60(2) (restriction of discharge), for the words " Regional Hospital Board" there shall be substituted the words " Health Board ".

113

In section 65(4) (removal to hospital of prisoners awaiting trial), for the words " Regional Hospital Board" there shall be substituted the words " Health Board ".

114

In section 92(2) (limitation on valuables held on behalf of a patient), for the words " an amount of one hundred pounds " there shall be substituted the words " such sum as the Secretary of State may from time to time direct ".

115

In section 91(1)(b) (protection of female patients), for the words from " or in pursuance " onwards there shall be substituted the words " or in the care of a local authority under the Social Work (Scotland) Act 1968 or resident in a house provided by a local authority under that Act ".

116

In section 101(2) (pocket money for patients), for the words "Act 1947" there shall be substituted the words " Acts 1947 to 1972 ", and for the words from "hospital" to "that Act" there shall be substituted the words " services are provided under those Acts ".

117

In section 111(1) (interpretation), in paragraph (a) of the definition of " board of management", for the words " board of management" there shall be substituted the words " Health Board responsible for the administration ", and at the end of that definition there shall be added the words " or if the management has been delegated to a Health Board or to the Common Services Agency for the Scottish Health Service, that Board or Agency, as the case may be ".

The Public Bodies (Admission to Meetings) Act 1960

118

In paragraph 2 of the Schedule (bodies to which Act applies), for sub-paragraphs (d) and (e) there shall be substituted the following paragraph—

(d) Health Boards constituted under the National Health Service (Scotland) Act 1972, but only so far as regards the exercise of their executive functions

.

The Factories Act 1961

119

In section 8(6) (enforcement by district council), for the words " medical officer of health" there shall be substituted the words " sanitary inspector ".

120

In section 9(2) (powers of inspectors), for the words " of health " there shall be substituted the words " of the Health Board for the area ".

121

In section 153 (officers of councils), the following amendments shall be made—

  • (a) in subsection (1), for the words " medical officer of health " there shall be substituted the words " sanitary inspector ";
  • (b) in subsection (3), after the words " this Act", where first occurring, there shall be inserted the words " the designated medical officer " , and after the words " except by " there shall be inserted the words "the designated medical officer or .
122

In Schedule 5, in section 110(2) and (3) (provisions of Act of 1901), for the words "medical officer of health", in both places where they occur, there shall be substituted the words " designated medical officer ".

The Education (Scotland) Act 1962

123

In section 57 (regulations as to medical and dental examination and inspection), for the words from " this Act" onwards there shall be substituted the words " the performance of his duties under section 6 of the National Health Service (Scotland) Act 1972 ".

124

In section 58(2) (medical inspection of pupils and young persons), for the words " their duty under this section " there shall be substituted the words " the duty of the Secretary of State under section 6 of the National Health Service (Scotland) Act 1972 ", and for the words " by the authority" there shall be substituted the words " by the Health Board in agreement with the authority ".

125

In section 58A(2) (dental inspection of pupils and young persons), for the words " their duty under this section " there shall be substituted the words " the duty of the Secretary of State under section 6 of the National Health Service (Scotland) Act 1972 ", and for the words " by the authority " there shall be substituted the words " by the Health Board in agreement with the authority ".

126

In section 61 (power to ensure cleanliness), the following amendments shall be made—

  • (a) in subsection (1), for the words " the authority " there shall be substituted the words " the Health Board for the area ";
  • (b) in subsection (2), for the words from " the medical officer " to " their behalf " there shall be substituted the words " the authority ";
  • (c) in subsection (6), for the words " he may, if he considers " there shall be substituted the words " he shall so advise the authority, who may, if they consider ";
  • (d) in subsection (7), for the words " an education authority " there shall be substituted the words " a Health Board ".
127

In section 101(d) (admissibility of documents), for the words " an education authority" onwards there shall be substituted the words " a Health Board, and to be signed by such officer ".

The Emergency Laws (Re-enactments and Repeals) Act 1964

128

In section 15 (interpretation), for the words " 1947 to 1961 " there shall be substituted the words " 1947 to 1972 ".

The Registration of Births, Deaths and Marriages (Scotland) Act 1965

129

In section 51(b) (returns), for the words " medical officer of health for the local authority " there shall be substituted the words " chief administrative medical officer of the Health Board ".

The Redundancy Payments Act 1965

130

In Schedule 3 (National Health Service Employers), for paragraph 1 there shall be substituted the following paragraph—

(1) A Health Board or the Common Services Agency for the Scottish Health Service

,

and, in paragraph 7, for the words " section 32(4) of the said Act of 1947 " there shall be substituted the words " section 13(8) of the National Health Service (Scotland) Act 1972 ".

The Ministry of Social Security Act 1966

131

In section 6(1)(b) (medical requirements etc), for the words " 1947 to 1966" there shall be substituted the words " 1947 to 1972 ".

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