National Health Service (Scotland) Act 1978

Part I — Organisation

Secretary of State

NHS contracts.

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• (1) It shall continue to be the duty of the Secretary of State to promote in Scotland a comprehensive and integrated health service designed to secure—

• (a) improvement in the physical and mental health of the people of Scotland, and,

• (b) the prevention, diagnosis and treatment of illness,

and for that purpose to provide or secure the effective provision of services in accordance with the provisions of this Act.

• (2) The services so provided shall be free of charge, except in so far as the making and recovery of charges is expressly provided for by or under any enactment, whenever passed.

Administrative bodies

Review etc. of disqualification.

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• (1) The Secretary of State

• (a) shall by order constitute in accordance with Part I of Schedule 1 boards for such areas as he may by order determine, for the purpose of exercising such of his functions relating to the health service as he may so determine, and for the purpose of making arrangements on his behalf for the provision of the services mentioned in Part II; and those boards shall , without prejudice to subsection (1B), be called Health Boards and

• (b) subject to subsections (1A) and (1C), may by order constitute boards, either for the whole of Scotland or for such parts of Scotland as he may so determine, for the purpose of exercising such of his functions relating to the health service as he may so determine; and those boards shall, without prejudice to subsection (1B), be called Special Health Boards.

• (1A) An order made under subsection (1)(b) may determine an area for a Special Health Board constituted under that subsection which is the same as the areas determined—

• (a) for any other Special Health Board; or

• (b) for any Health Board or Health Boards constituted by an order or orders made under subsection (1)(a).

• (1B) An order under subsection (1) may specify the name by which a board constituted by the order shall be known.

• (1C) The Secretary of State may by order provide that such of the provisions of this Act or of any other enactment, or of any orders, regulations, schemes or directions made under or by virtue of this Act or of any other enactment, as apply in relation to Health Boards shall, subject to such modifications and limitations as may be specified in the order, so apply in relation to any Special Health Board so specified.

• (2) The order or orders made under subsection (1)(a) determining the areas for which the Health Boards are to be constituted shall be separate from the order or orders constituting those Boards; and, before making any order determining such an area, the Secretary of State shall consult with such bodies and organisations as appear to him to be concerned.

• (3) The Secretary of State may by order vary the area of any Health Board, whether or not the variation involves the constitution of a new Board, or the termination of the functions of an existing Board; and, before making such an order, the Secretary of State shall consult with such bodies and organisations as appear to him to be concerned.

• (4) Any order under subsection (3) may make provision for any supplementary and incidental matters for which it appears to the Secretary of State to be necessary or expedient to provide, in particular for the transfer of officers and of property and liabilities.

• (5) In carrying out the purposes mentioned in subsection (1) and in exercising any function otherwise conferred on them by or under this Act or by or under the 2021 Act each Health Board shall act subject to, and in accordance with, such regulations as may be made, and such directions as may be given, by the Secretary of State; and such regulations and directions may be made or given generally or to meet the circumstances of a particular area or matter.

• (6) Regulations under subsection (5) shall make provision requiring each Health Board to submit to the Secretary of State a scheme for the exercise of their functions (other than functions conferred on them by or under the 2021 Act), and enabling the Secretary of State to approve any such scheme with or without modifications, and to make such a scheme in the event of the failure of any Health Board to do so.

• (7) A Health Board may at any time, and if directed by the Secretary of State shall, within such period as he may specify, submit a new scheme for the exercise of their functions, and regulations making the provision mentioned in subsection (6) shall, with any necessary modifications, apply to any such scheme.

• (8) A Health Board shall, notwithstanding that it is exercising functions on behalf of the Secretary of State, be entitled to enforce any rights acquired, and shall be liable in respect of any liabilities incurred (including liability in damages for wrongful or negligent acts or omissions), in the exercise of those functions in all respects as if the Health Boared were acting as a principal; and all proceedings for the enforcement of such rights or liabilities shall be brought by or against the Health Board in its own name.

• (9) A Health Board shall not be entitled to claim in any proceedings any privilege of the Crown in respect of the recovery or production of documents; but this subsection shall be without prejudice to any right of the Crown to withhold, or procure the withholding from production of, any document on the ground that its disclosure would be contrary to the public interest.

• (10) Schedule 1 shall have effect in relation to the Boards constituted under this section.

• (10A) Schedule 1A makes provision for the election of individuals to be members of Health Boards.

• (11) Where it appears to the Secretary of State to be expedient in the interests of efficiency that a joint committee should be established for the areas of two or more Health Boards for the purpose of exercising some but not all of their functions, the Secretary of State may by order constitute such a joint committee and provide for the exercise by that committee or such of those functions as may be specified in the order, and for the application, with such modifications as may be so specified, to that committee of any provisions of this Act relating to those functions, and for any of the matters for which, in relation to a Health Board, provision is or may be made by or under Part II of Schedule 1.

Scottish Medical Practices Committee

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Scottish Dental Estimates Board

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• (1) For the purpose of carrying out such duties as may be prescribed with respect to . . . dental treatment and appliances, regulations shall make provision for constituting a board, to be called the Scottish Dental Estimates Board, (hereafter in this Act referred to as “the Dental Estimates Board”), of whom the chairman and a majority of members shall be dental practitioners.

• (1A) Regulations may empower the Dental Practice Board—

• (a) to direct a dental practitioner or body corporate entitled, by virtue of section 43 of the Dentists Act 1984 (c. 24), to carry on the business of dentistry to submit to the Board, in relation to treatment which he, or as the case may be, it has carried out or contemplates carrying out or to a description of such treatment specified in the direction, such estimates and information and such radiographs, models or other items as may be prescribed; and

• (b) to direct a dental practitioner or such a body corporate not to carry out treatment, or a description of treatment specified in the direction, without first obtaining approval of an estimate from the Board.

• (1B) If regulations include any such provision as is mentioned in subsection (1A)(b) above, regulations shall confer on a dental practitioner or body corporate in whose case a direction such as is mentioned in that paragraph has been given a right of appeal against the direction to a prescribed person or body, but before making regulations conferring such a right the Secretary of State shall consult such organisations as appear to him to be representative of persons providing general dental services.

• (1C) Regulations may be made authorising or requiring the Dental Practice Board to carry on any such additional activity relating to the provision of general dental services as may be prescribed and, without prejudice to the generality of this subsection, to conduct or commission surveys or other research relating to the provision of such services.

• (2) Regulations made in pursuance of this section shall include provision, in relation to the Dental Estimates Board, for any of the matters for which, in relation to a Health Board, provision is or may be made by or under Part II of Schedule 1.

National advisory bodies

Scottish Hospital Endowments Research Trust.

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National Consultative Committees

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• (1) Where the Secretary of State is satisfied that a committee has been formed which is representative of any, some or all of the professions engaged in the provision of care or treatment under this Act, and that it is in the interests of the health service to recognise the committee for the purposes of this Act, he shall so recognise it, and any such committee shall be known as a national consultative committee.

• (2) The professional teaching interests in relation to any such profession shall be represented on the national consultative committee by such number of members, appointed in such manner, as may be prescribed.

• (3) Where the Secretary of State considers it necessary, he may, with the agreement of a national consultative committee, appoint additional persons to be members of that committee.

• (4) It shall be the general function of a national consultative committee to advise the Planning Council on the provision of services under this Act, being services with which that committee is concerned; but, except in so far as regulations otherwise provide, such a committee shall not concern itself with the remuneration and conditions of service of practitioners or other persons of whom it is representative.

• (5) In addition to any other functions which a national consultative committee may exercise, they shall exercise such functions as may be prescribed.

• (6) The Planning Council shall consult with the national consultative committees on such occasions and to such extent as may be prescribed, and may ask any such committee to undertake, on behalf of the Planning Council, such investigation as the Planning Council think fit.

• (7) A national consultative committee shall have power to appoint sub-committees, whether jointly with another national consultative committee or otherwise, and to appoint to any such sub-committee persons who are not members of the national consultative committee or committees concerned.

• (8) The Secretary of State shall defray the reasonable expenses of national consultative committees, and shall pay to members of such 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.

Local advisory bodies

Powers of NHS Tribunal.

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• (1) Every Health Board shall, within such period as the Secretary of State may specify, submit to him a scheme for the establishment of a local health council or councils for their area or for such districts covering their whole area as the Board thinks fit; and it shall be the general function of any such council to represent the interests of the public in the health service in the area or district for which they have been established.

• (2) A scheme under subsection (1) shall provide for the appointment . . . by the Health Board, after consultation with such other organisations as may be specified in the scheme, of such number of members as may be so specified.

• (3) The Secretary of State may approve, with or without modifications, any scheme submitted to him under subsection (1), or may refuse to approve it.

• (4) A Health Board may at any time, and if directed by the Secretary of State shall, within such period as he may specify, submit a new scheme under this section, and subsection (3) shall apply to any such new scheme.

• (5) The members of a local health council may appoint one of their own number as the chairman of the council.

• (6) The Secretary of State shall pay to the members of a local health council, and of the committees and sub-committees thereof and of any body established under subsection (9)(g), 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.

• (7) Allowances shall not be paid under subsection (6) except in connection with the performance of such powers or duties, in such circumstances, as the Secretary of State may determine.

• (8) Health Boards shall consult with local health councils on such occasions and to such extent as may be prescribed.

• (9) Regulations may make provision—

• (a) enabling local health councils to consider questions relating to the health service in their area or district, whether at the request of their Health Board or otherwise, and to advise the Health Board thereon;

• (b) enabling or requiring local health councils to submit reports to their Health Board on the operation of the health service in their area or district;

• (c) requiring local health councils to submit annual reports on their activities to their Health Board and requiring Health Boards to transmit a copy of any such report to the Secretary of State;

• (d) enabling local health councils to obtain information from their Health Board and from any NHS trust in their area or district on such subjects and subject to such conditions as may be prescribed;

• (e) enabling or requiring members of a local health council to visit establishments administered by their Health Board and establishments in their area or district administered by NHS trusts, subject to such conditions as may be prescribed;

• (f) relating to the submission of schemes under subsection (1) and to the functions, procedures, staffing and expenses of local health councils;

• (g) for the establishment of a body—

• (i) to advise local health councils with respect to the performance of their functions, and to assist those councils in the performance of their functions; and

• (ii) to perform such other functions as may be prescribed;

• (h) relating to the membership, proceedings, staff, premises and expenses of any body established under paragraph (g).

University Liaison Committees

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• (1) The Secretary of State may by order constitute, in accordance with Schedule 4, for the area of a Health Board or for the combined areas of two or more Health Boards, a University Liaison Committee for the purpose of advising that Board or those Boards and any NHS trusts in the area or combined areas on the administration of the health service in that area or those areas so far as relating to the provision of facilities for undergraduate or post-graduate clinical teaching or for research, and for the purpose of advising that Board or those Boards , any such NHS trust and the university or universities concerned on any matter of common interest to them.

• (2) Paragraphs 11 to 15 of Schedule 1 (other than sub-paragraph (d) of paragraph 11) shall have effect in relation to the Committees constituted under this section.

Local consultative committees

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• (1) Where, a Health Board is satisfied that a committee formed for its area is representative—

• (a) of the medical practitioners of that area, or

• (b) of the dental practitioners of that area, or

• (c) of the nurses and midwives of that area, or

• (d) of the pharmacists of that area, or

• (e) of the ophthalmic and dispensing opticians of that area,

the Health Board shall recognise that committee.

• (2) Any committee so recognised shall be called—

• (a) the area medical committee,

• (b) the area dental committee,

• (c) the area nursing and midwifery committee,

• (d) the area pharmaceutical committee, or

• (e) the area optical committee,

as the case may be, for the area concerned.

• (3) Where, a Health Board is satisfied that a committee formed for its area is representative of any other profession engaged in the provision of care or treatment under this Act, and that it is in the interests of the health service to recognise that committee for the purposes of this Act, the Board may so recognise it.

• (4) Where, a Health Board is satisfied that a committee formed for its area is representative of two or more of the professions mentioned in subsection (1) or (3), and that it is in the interests of the health service to recognise that committee for the purposes of this Act, the Board may so recognise it.

• (5) It shall be the general function of a committee recognised under this section to advise the Health Board for its area and, where the Secretary of State so directs, an NHS trust on the provision of services under this Act or under a pilot scheme under section 1 of the National Health Service (Primary Care) Act 1997, being services with which that committee is concerned in that area, but, except in so far as regulations otherwise provide, in exercising functions conferred by or under this section, such a committee shall not concern itself with the remuneration and conditions of service of practitioners or other persons of whom it is representative.

• (6) In addition to any other functions which committees recognised under this section may exercise, they shall exercise such functions as may be prescribed.

• (7) In exercising their functions under this Act, Health Boards or, where the Secretary of State so directs, NHS trustsshall consult with committees recognised under this section on such occasions and to such extent as the Secretary of State may direct.

• (8) Any committee recognised under this section may, with the approval of the Health Board for its area, delegate any of its functions, with or without restrictions or conditions, to sub-committees and may appoint to any sub-committee persons who are not members of the committee.