National Health Service (Scotland) Act 1972

The Housing (Scotland) Act 1966

132

In sections 98(1), 180, 184 and 185(1)(5), for the words " medical officer of health", wherever they occur, there shall be substituted the words " sanitary inspector ".

The Parliamentary Commissioner Act 1967

133

In paragraph 8 of Schedule 3 (matters not subject to investigation), for the words " Regional Hospital Board " there shall be substituted the words " Health Board ", and for the words " Board of Management" there shall be substituted the words " the Common Services Agency for the Scottish Health Service ".

The Superannuation (Miscellaneous Provisions) Act 1967

134

In section 7(5) (superannuation provisions of National Health Service Acts), for the words " Act 1947 " there shall be substituted the words " Acts 1947 to 1972 ".

The Health Services and Public Health Act 1968

135

In section 63 (provision of instruction for employees), the following amendments shall be made—

• (a) in subsection (1)(a), for the words from " Regional" to " teaching hospital" there shall be substituted the words " Health Board ";

• (b) in subsection (1)(b). for the words from " specified" to " Treasury " there shall be substituted the words " deter-mined by him ";

• (c) in subsection (2)(tf), for the words " an Executive Council" there shall be substituted the words " a Health Board ";

• (d) in subsection (8), in paragraph (b) of the definition of " the relevant enactments ", for the words " sections 58 and 59 of the Education (Scotland) Act 1962" there shall be substituted the words " section 6 of the National Health Service (Scotland) Act 1972 ".

136

In section 64 (financial assistance to voluntary organisations), the following amendments shall be made—

• (a) at the end of subsection (4)(a) there shall be added the words " and the National Health Service (Scotland) Act 1972 ";

• (b) in subsection (4)(b), for the words " an Executive Council" there shall be substituted the words " a Health Board ".

137

In section 65(6) (assistance by local authorities to voluntary organisations), for subsection (2B)(c) there shall be substituted the following paragraph—

(c) " the relevant enactments" means the National Health Service (Scotland) Acts 1947 to 1972, Part III of the National Assistance Act 1948 and section 3 of the Disabled Persons (Employment) Act 1958 ;

.

138

In section 71(1) (compensation for stopping employment), for the words " medical officer of health " there shall be substituted the words " designated medical officer ".

139

In subsections (1) and (2) of section 72 (sheriff may order medical examination), for the words " medical officer of health", wherever they occur, there shall be substituted the words " designated medical officer ".

140

In section 73 (power of medical officers to enter premises), for the words " medical officer of health", wherever they occur, there shall be substituted the words " designated medical officer ".

The Social Work (Scotland) Act 1968

141

In section 60(1)(f) (control of certain establishments), at the end there shall be added the words " or the National Health Service (Scotland) Act 1972 ".

The Medicines Act 1968

142

In section 55(2)(b) (exemptions for doctors etc.), for the words " a local health authority in Great Britain " there shall be substituted the words " the Secretary of State ".

143

In section 131(5) (meaning of certain expressions), for the words " Act 1947 " there shall be substituted the words " Acts 1947 to 1972 ".

144

In section 132(1) (interpretation), in the definition of " health centre ", for the words from "section 15 " to " 1947 " there shall be substituted the words " section 2 of the National Health Service (Scotland) Act 1972 ".

The Post Office Act 1969

145

In section 86(1) (interpretation), in paragraph (b) of the definition of " national health service authority ", for the words from " a regional " onwards there shall be substituted the words " a Health Board or the Common Services Agency for the Scottish Health Service constituted under the National Health Service (Scotland) Act 1972 ".

The Chronically Sick and Disabled Persons Act 1970

146

In section 17(1) (separation of younger and older patients), for the words from " Regional ", where second occurring, to " 1947 " there shall be substituted the words " Health Board constituted under the National Health Service (Scotland) Act 1972 ".

The Hospital Endowments (Scotland) Act 1971

147

In section 1(4) (Scottish Hospital Trust), in the proviso, for the words from " Boards " onwards there shall be substituted the words " Health Boards ".

148

In section 3 (powers of the Trust), the following amendments shall be made—

• (a) in paragraph (c), for the words from " Boards " to " Boards " there shall be substituted the words " Health Boards ";

• (b) for paragraph (e) there shall be substituted the following paragraph—

(e) to accept from any Health Board for investment and management on behalf of the Board any endowments or accumulated income thereof transferred to the Board under Part VI of the National Health Service (Scotland) Act 1972, and any endowments or accumulated income thereof otherwise held by a Health Board ;

;

• (c) in paragraph (f), for the words "Board of Management" there shall be substituted the words " Health Board ";

• (d) in paragraph (g), for the words from " Board " to " Board " there shall be substituted the words " Health Board ".

149

In section 5 (further provisions relating to transference of funds), the following amendments shall be made—

• (a) in subsection (1), for the words from the beginning to " Board ", where second occurring, there shall be substituted the words " A Health Board ";

• (b) in subsection (2), for the words " such Boards " there shall be substituted the words " Health Boards ".

150

In section 6 (borrowing by Boards), the following amendments shall be made—

• (a) in subsection (1), for the words from " Board " to " Board " there shall be substituted the words " Health Board ";

• (b) in subsection (2), for the words " such Boards " there shall be substituted the words " Health Boards ".

151

In section 7 (distribution of income), the following amendments shall be made—

• (a) in subsection (1), for the words "Boards of Management, Regional Hospital Boards " there shall be substituted the words " Health Boards ";

• (b) in subsection (2), for the words " Boards of Management, Regional Hospital Boards and the Committees " there shall be substituted the words " Health Boards and the bodies charged with the management ";

• (c) in subsection (3), for the words " Boards of Management and Regional Hospital Boards " there shall be substituted the words " Health Boards ".

The Tribunals and Inquiries Act 1971

152

In paragraph 41 of Part II of Schedule 1 (tribunals supervised by Scottish Committee), the following amendments shall be made—

• (a) for sub-paragraph (a) there shall be substituted the following paragraph—

(a) Health Boards and joint committees of those Boards constituted under section 13 of the National Health Service (Scotland) Act 1972 ;

;

• (b) in sub-paragraph (c), for the words " an Executive Council " and "Act 1947 (c.27)" there shall be substituted respectively the words " a Health Board or a joint committee of Health Boards " and " Acts 1947 to 1972 ".

The Industrial Relations Act 1971

153

In section 167(2) (interpretation), in paragraph (a), after the words " 1946 or " there shall be inserted the words " by a Health Board ", and, in paragraph (b), for the words " Executive Council" there shall be substituted the words " Health Board ".

The Education (Milk) Act 1971

154

In section 2(1)(b) (provision of milk in Scotland), for the words " education authority" there shall be substituted the words " Health Board ".

The Immigration Act 1971

155

In section 24(1)(d) (offences), for the words " a medical officer of health " there shall be substituted the words " the chief administrative medical officer of a Health Board ".

156

In paragraph 7 of Schedule 2 (medical examination after entry), for the words " such medical officer of health " there shall be substituted the words " the chief administrative medical officer of such Health Board " and the words " of health " shall be omitted.

The Employment Medical Advisory Service Act 1972

157

In section 1(6) (school medical records), for the words "education authority", where second occurring, there shall be substituted the words " Health Board ".

SCHEDULE 7

PART I — Repeals relating to the National Health Service (Scotland) Acts 1947 to 1968

PART II — Repeals Relating to other Enactments

Parts I-IV

Dissolution of Boards, etc.

1

29

34A

• (1) In order to facilitate the early retirement of certain persons who might otherwise suffer, in consequence of this Act, loss of employment or loss or diminution of emoluments, any person who—

• (a) is in any such employment as may be prescribed for the purposes of this subsection; and

• (b) attains or has attained the age of fifty on or before a prescribed date; and

• (c) fulfils such other conditions as may be prescribed;

may by notice given before a prescribed date and in the prescribed manner elect that this section shall apply to him.

• (2) Where any person has made an election under the preceding subsection, then, unless within a prescribed period notice of objection to the election is given to him by a prescribed person, this section shall apply to him on his retirement within a prescribed period and before attaining the normal retiring age and compensation on his retirement shall not be payable to or in respect of him in pursuance of section 24 of the Superannuation Act 1972 (which among other things relates to compensation for loss of office).

• (3) Subject to the following subsection, the Secretary of State shall by regulations provide for the payment by him to or in respect of a person to whom this section applies of benefits corresponding, as near as may be, to those which would have been paid to or in respect of that person under the relevant superannuation scheme if—

• (a) at the date of his retirement he had attained the normal retiring age; and

• (b) the actual period of his reckonable service were increased by such period as may be prescribed, not exceeding the period beginning on the date of his retirement and ending on the date on which he would attain the normal retiring age.

• (4) Regulations in pursuance of the preceding subsection shall be so framed as to secure that the sums which would otherwise by payable under regulations in accordance with that subsection to or in respect of any person are reduced to take account of any benefits payable to or in respect of him under the relevant superannuation scheme.

• (5) Any sums payable under regulations made in pursuance of subsection (3) of this section shall be treated for the purposes of section 73 of the Finance Act 1972 (under which compensation for loss of office or employment is chargeable to tax as a payment made on retirement or removal from office or employment) in like manner as compensation paid in pursuance of the said section 24.

• (6) In this section—

• “normal retiring age” means—

• (a) in relation to any person to whom an age of compulsory retirement applies by virtue of the relevant superannuation scheme, that age; and

• (b) in relation to any other person, the age of sixty-five in the case of a man and sixty in the case of a women or, in either case, such other age as may be prescribed;

• “reckonable service”, in relation to any person means service in respect of which benefits are payable under the relevant superannuation scheme; and

• “relevant superannuation scheme”, in relation to any person, means the instrument which is applicable in the case of his employment and which makes provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of certain requirements and conditions, are to be, or may be, paid to or in respect of persons in that employment.

Parts VI, VII

37

54

58

62

Editorial notes