National Health Service (Scotland) Act 1978

[^key-e06b78b03d1a4858307cbce6a4157fe0]: Words in s. 10A(1)(a) inserted (1.4.2022) by The Forensic Medical Services (Modification of Functions of Healthcare Improvement Scotland and Supplementary Provision) Regulations 2022 (S.S.I. 2022/88), reg. 1, sch. para. 2(a)

[^key-66928ac01ad45360a82959e671d963d6]: Words in s. 10A(1)(b) inserted (1.4.2022) by The Forensic Medical Services (Modification of Functions of Healthcare Improvement Scotland and Supplementary Provision) Regulations 2022 (S.S.I. 2022/88), reg. 1, sch. para. 2(b)

[^key-ea07f498f3168b58db944ccec0faba25]: Words in s. 10B(2) inserted (1.4.2022) by The Forensic Medical Services (Modification of Functions of Healthcare Improvement Scotland and Supplementary Provision) Regulations 2022 (S.S.I. 2022/88), reg. 1, sch. para. 3

[^key-2912a267a8d6048a2f956ba62e4d5f1c]: Words in s. 10H(1)(a) inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 1(4)(a) (with s. 3); S.S.I. 2022/24, reg. 2

[^key-2a0a190352984a564552c14bebb274d1]: Words in s. 10H(4) inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 1(4)(b) (with s. 3); S.S.I. 2022/24, reg. 2

[^key-66bc197dea3fb2c025915ac1c11cc2c7]: S. 10I(1C) inserted (1.4.2022) by The Forensic Medical Services (Modification of Functions of Healthcare Improvement Scotland and Supplementary Provision) Regulations 2022 (S.S.I. 2022/88), reg. 1, sch. para. 5(b)

[^key-1cd773b190f81379b8ddbd3f17df3e86]: Words in s. 10M(1)(a) inserted (1.4.2022) by The Forensic Medical Services (Modification of Functions of Healthcare Improvement Scotland and Supplementary Provision) Regulations 2022 (S.S.I. 2022/88), reg. 1, sch. para. 6

[^key-adc228af5c840f010c6b0ae1c20bc3b4]: Words in s. 10Z12(1)(b) inserted (1.4.2022) by The Forensic Medical Services (Modification of Functions of Healthcare Improvement Scotland and Supplementary Provision) Regulations 2022 (S.S.I. 2022/88), reg. 1, sch. para. 7

[^key-949984e9bd67202fe3d9bb5461a3d287]: S. 12H(2A)(2B) inserted (1.4.2022) by The Forensic Medical Services (Modification of Functions of Healthcare Improvement Scotland and Supplementary Provision) Regulations 2022 (S.S.I. 2022/88), reg. 1, sch. para. 8

[^key-3f220195bc42c88a7737b77c7b582f13]: Words in s. 17A(1) inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 1(5) (with s. 3); S.S.I. 2022/24, reg. 2

[^key-0acb93d49d247c2d36795ab56933dbf0]: Words in s. 36(1)(b) inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 1(6) (with s. 3); S.S.I. 2022/24, reg. 2

[^key-47bed37319b1263e9bc210e809353df8]: Words in s. 76(1) inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 1(7) (with s. 3); S.S.I. 2022/24, reg. 2

[^key-39dce7f39a18104f8010e2482282d51a]: Words in s. 77(1) inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 1(8) (with s. 3); S.S.I. 2022/24, reg. 2

[^key-c662bbcbf798e1717a150f30b475d3b0]: Words in s. 78 inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 1(9)(a) (with s. 3); S.S.I. 2022/24, reg. 2

[^key-5abf07484dc9c842570e5d811e977eb4]: Words in s. 78 inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 1(9)(b) (with s. 3); S.S.I. 2022/24, reg. 2

[^key-3cd1bc0a1ad7310ef95578f66cee0f09]: Words in s. 78A(1)(a) inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 1(10)(a) (with s. 3); S.S.I. 2022/24, reg. 2

[^key-5970c993ec3bd61db25b24d0cade00f1]: Words in s. 78A(2) inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 1(10)(b) (with s. 3); S.S.I. 2022/24, reg. 2

[^key-b3124c1b4f2dc84059fb29ee7a8c50ce]: Words in s. 79(1) inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 1(11)(a) (with s. 3); S.S.I. 2022/24, reg. 2

[^key-80d783fffbc9a3345728f67ace57ae5f]: Words in s. 79(1A) inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 1(11)(b) (with s. 3); S.S.I. 2022/24, reg. 2

[^key-7cc1e5945b6459d0157159160f91f16e]: Words in s. 108(1) inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 1(12) (with s. 3); S.S.I. 2022/24, reg. 2

[^key-badbffff391190ea6b596e5278756c98]: Words in s. 17A substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-d2510f846c5649dc376c9bd6ab70bb39]: S. 17A(2)(jb) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 13; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-07aa9d27b25fc9808f1350ca4325ac72]: S. 40(1) substituted (24.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 4(2)(a), 59(1)

[^key-9ce9a9af9270aaf45feaf393297621af]: Words in s. 40(3) substituted (24.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 4(2)(b)(i), 59(1)

[^key-811a90000fdba77afa33fd926e5d9dcb]: Word in s. 40(3) substituted (24.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 4(2)(b)(ii), 59(1)

[^key-bcbf276e2ee1a56dfbbc1c3b839e0ba7]: S. 17A(2)(l) substituted (30.11.2022) by The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 25(2)(a)

[^key-e6e78e65db07b4f86b60e05453b02790]: S. 17A(2)(n) substituted (30.11.2022) by The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 25(2)(b)

[^key-b45da1b99b263ed109b4fdf042e0f43c]: Words in s. 17A(2)(p) substituted (30.11.2022) by The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 25(2)(c)

[^key-6886e38b8db630a1b4cb6f7a9484be47]: Words in s. 17B(1) substituted (30.11.2022) by The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 25(3)(a)

[^key-16d789c404ce6c8b84875083024e553d]: S. 17B(4) substituted (30.11.2022) by The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 25(3)(b)

[^key-3c4b531f7910e530754a9aaf7dc9d184]: Words in Sch. 7A para. 22(1)(c) inserted (30.11.2022) by The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 25(4)(a)

[^key-8b7eb2524b9a12542e35580836ad4f91]: Words in Sch. 7A para. 22(1) substituted (30.11.2022) by The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 25(4)(b)

[^key-fe7c0e3518e6f04dae9e66f70711b949]: Word in s. 17A(1)(b) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 5(2)(a) (with reg. 3)

[^key-df291596d575febe792f7cd26df2331e]: Word in s. 17A(2)(q) inserted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 5(2)(b)(i) (with reg. 3)

[^key-a75529a54356e08cd224cec50d48de30]: S. 17A(2)(s) and word omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 5(2)(b)(ii) (with reg. 3)

[^key-d1bf3eec94aca9dad5fe9d1972943211]: Words in s. 17A(11) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 5(2)(c) (with reg. 3)

[^key-52b620afbae017f28c92b0368415d309]: Ss. 12IC-12IF applied (1.4.2024) by S.I. 1995/574, art. 5, Sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(2), 15(2); S.S.I. 2024/20, reg. 2(2))

[^key-32dd93f4e32c528fd98d225706194db0]: Ss. 12IC-12IF applied (1.4.2024) by S.I. 1999/686, art. 5, Sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(5), 15(2); S.S.I. 2024/20, reg. 2(2))

[^key-b890a3854d8fb837c37af4e4487d7bce]: Ss. 12IC-12IF applied (1.4.2024) by S.S.I. 2001/137, art. 5, sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(8), 15(2); S.S.I. 2024/20, reg. 2(2))

[^key-f37ae5ee925cfe17546dd22c2f0ed7ab]: Ss. 12IC-12IF applied (1.4.2024) by S.S.I. 2002/305, art. 5, sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(11), 15(2); S.S.I. 2024/20, reg. 2(2))

[^key-ce9748a54bd5ff9d4bed946e0c225594]: Ss. 12IH-12IJ applied (1.4.2024) by S.I. 1995/574, art. 5, Sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(2), 15(2); S.S.I. 2024/20, reg. 2(2))

[^key-0c84678f47a4af49b6ba3b6ab8a3067b]: Ss. 12IH-12IJ applied (1.4.2024) by S.S.I. 2001/137, art. 5, sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(8), 15(2); S.S.I. 2024/20, reg. 2(2))

[^key-96c90e85c6f8a2afb6723fd23bdc8c43]: Ss. 12IH-12IJ applied (1.4.2024) by S.S.I. 2002/305, art. 5, sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(11), 15(2); S.S.I. 2024/20, reg. 2(2))

[^key-472691e146cf13f51fe060855c61e330]: Ss. 12IL-12IN applied by S.I. 1995/574, art. 5, Sch. Pt. 1 (as amended (15.5.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(2), 15(2); S.S.I. 2023/131, reg. 2, sch.; S.S.I. 2024/20, reg. 2(2))

[^key-b45a9dfc6780252e081c3e48bdaf09d8]: Ss. 12IL-12IN applied by S.S.I. 2001/137, art. 5, sch. Pt. 1 (as amended (15.5.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(8), 15(2); S.S.I. 2023/131, reg. 2, sch.; S.S.I. 2024/20, reg. 2(2))

[^key-bb7d01cded0297b8a5c329ba49114858]: Ss. 12IL-12IN applied by S.S.I. 2002/305, art. 5, sch. Pt. 1 (as amended (15.5.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(11), 15(2); S.S.I. 2023/131, reg. 2, sch.; S.S.I. 2024/20, reg. 2(2))

[^key-77f9bb69c2cae016d260831cc2183778]: S. 12IA applied (1.4.2024) by S.I. 1995/574, art. 5, Sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(2), 15(2); S.S.I. 2024/20, reg. 2(2))

[^key-5b40ad1d86314c24bf57d08225af1a5b]: S. 12IA applied (1.4.2024) by S.I. 1999/686, art. 5, Sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(5), 15(2); S.S.I. 2024/20, reg. 2(2))

[^key-b23ad155f6faa4336a24045ad9336547]: S. 12IA applied (1.4.2024) by S.S.I. 2001/137, art. 5, sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(8), 15(2); S.S.I. 2024/20, reg. 2(2))

[^key-7b0d4f3f7072e5ae0cc9ad0f0d3834ca]: S. 12IA applied (1.4.2024) by S.S.I. 2002/305, art. 5, sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(11), 15(2); S.S.I. 2024/20, reg. 2(2))

[^key-b452f596645752b5047a81972efe4a04]: S. 12IH applied (1.4.2024) by S.I. 1999/686, art. 5, Sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(5), 15(2); S.S.I. 2024/20, reg. 2(2))

[^key-22ce3e637a030f56fea451bc9b522c73]: S. 12IN applied by S.I. 1999/686, art. 5, Sch. Pt. 1 (as amended (15.5.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(5), 15(2); S.S.I. 2023/131, reg. 2, sch.; S.S.I. 2024/20, reg. 2(2))

[^key-f0df5f4e6246877b4e484f8d9f3b8fb7]: S. 12II applied (1.4.2024) by S.I. 1999/686, art. 5, Sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(5), 15(2); S.S.I. 2024/20, reg. 2(2))

[^key-06ed72f91de332e26f1a8f2d0c451b6a]: S. 12IM applied (1.4.2024) by S.I. 1999/686, art. 5, Sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(5), 15(2); S.S.I. 2024/20, reg. 2(2))

[^key-8dd9cf4ba13d19266fa9ee22221f8518]: Ss. 12IP-12IW and cross-heading inserted (15.5.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 6(2), 15(2); S.S.I. 2023/131, reg. 2, sch.; S.S.I. 2024/20, reg. 2(2)

[^key-579c923316e143a968d434aa55ba11ee]: Ss. 12IA-12IO and cross-heading inserted (15.5.2023 for specified purposes, 6.2.2024 for specified purposes, 1.4.2024 for specified purposes) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 4(2), 15(2); S.S.I. 2023/131, reg. 2, sch.; S.S.I. 2024/20, reg. 2(1)(2)

[^key-f58ffbdb10d9c32660d8b13d6c94fb99]: S. 10C(3A) inserted (1.4.2024) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 6(3)(a), 15(2); S.S.I. 2024/20, reg. 2(2)

[^key-8f5826369f7b814b6e524b2b0f9a6b96]: Words in s. 10C(5) inserted (1.4.2024) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 6(3)(b), 15(2); S.S.I. 2024/20, reg. 2(2)

[^key-44b15161bfc1610bde711340818efde7]: Words in s. 10C(6) substituted (1.4.2024) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 6(3)(c), 15(2); S.S.I. 2024/20, reg. 2(2)

[^key-9913adcdaf2928a4fcdc8b5243f210b3]: Words in s. 10C(7) substituted (1.4.2024) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 6(3)(d), 15(2); S.S.I. 2024/20, reg. 2(2)

[^key-a5de57fb9585b27a10d6b35dd80d2373]: S. 10I(1)(c) and word inserted (1.4.2024) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 6(4)(b), 15(2); S.S.I. 2024/20, reg. 2(2)

[^key-400318422e66bd5f837dd46a59373a74]: Word in s. 10I(1)(a) repealed (1.4.2024) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 6(4)(a), 15(2); S.S.I. 2024/20, reg. 2(2)

[^key-d8e9ffb20f9c3bb1703523edf438d259]: S. 12H(3) repealed (1.4.2024) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 4(3), 15(2); S.S.I. 2024/20, reg. 2(2)

[^key-19395f875874ead48e99d9a7e5e9e43f]: Words in s. 105(3) inserted (1.4.2024) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 4(4), 15(2); S.S.I. 2024/20, reg. 2(2)

[^c20972771]: This is a new instance of s. 17F, inserted by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 18, 43(3). A separate instance of s. 17F was inserted (1.4.1998) by National Health Service (Primary Care) Act 1997 (c. 46), s. 23(2); S.I. 1998/631, art. 2(a), Sch. 1, and repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(5); S.S.I. 2004/58, art. 2(3)

[^key-3168468a7148cd332091253190cd33ab]: S. 10Z9(1)(a) restricted (temp.) (19.6.2024) by The National Health Service (Scotland) Act 1978 (Independent Health Care) Modification Order 2024 (S.S.I. 2024/172), arts. 1, 6

[^key-78a2c5b7cd71629cc6139bfba98ce0b9]: Words in s. 10F(2) inserted (19.6.2024) by The National Health Service (Scotland) Act 1978 (Independent Health Care) Modification Order 2024 (S.S.I. 2024/172), arts. 1, 3(2)(a)

[^key-b5f8f6ec3435ba5b076708dfc9b03b2e]: Words in s. 10F(2) substituted (19.6.2024) by The National Health Service (Scotland) Act 1978 (Independent Health Care) Modification Order 2024 (S.S.I. 2024/172), arts. 1, 3(2)(b)

[^key-d411d5eac1cc9e1448a82647ac945de5]: Word in s. 10F(2A)(f) omitted (19.6.2024) by virtue of The National Health Service (Scotland) Act 1978 (Independent Health Care) Modification Order 2024 (S.S.I. 2024/172), arts. 1, 3(3)(a)

[^key-952c5120c147d115c5bb3458acc5208c]: S. 10F(2A)(h)(i) inserted (19.6.2024) by The National Health Service (Scotland) Act 1978 (Independent Health Care) Modification Order 2024 (S.S.I. 2024/172), arts. 1, 3(3)(b)

[^key-8f6395f814b2f8b15ec701b6878df57b]: S. 10F(2B) substituted (19.6.2024) by The National Health Service (Scotland) Act 1978 (Independent Health Care) Modification Order 2024 (S.S.I. 2024/172), arts. 1, 3(4)

[^key-7d37cd1d0be9251392fc8354ad32daed]: S. 10F(2D) inserted (19.6.2024) by The National Health Service (Scotland) Act 1978 (Independent Health Care) Modification Order 2024 (S.S.I. 2024/172), arts. 1, 3(5)

[^key-fef5fab25ce77e15a01020f5b5772aab]: S. 10P(2)(e) inserted (19.6.2024) by The National Health Service (Scotland) Act 1978 (Independent Health Care) Modification Order 2024 (S.S.I. 2024/172), arts. 1, 4

[^key-0e42da47f77c84a37748d5673762e798]: S. 10S(2A)(2B) inserted (19.6.2024) by The National Health Service (Scotland) Act 1978 (Independent Health Care) Modification Order 2024 (S.S.I. 2024/172), arts. 1, 5

[^key-f3a3f118524668fa8c951a209e7e0631]: Ss. 10A-10Z19 and cross-headings inserted (1.8.2010 for the insertion of s. 10A for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 for specified purposes, 1.4.2016 for specified purposes with the exception of the insertion of s. 10Z9(1)(a), 1.4.2017 for specified purposes, 19.6.2024 for specified purposes with the exception of the insertion of s. 10Z9(1)(a), 19.6.2025 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 108, 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.; S.S.I. 2016/22, art. 2(1)(2), sch. 1, sch. 2; S.S.I. 2024/131, art. 2, sch. 1, sch. 2

Scottish Hospital Endowments Research Trust.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Emergency powers.

Independent health care functions

NHS contracts.

Members

3A

• (1) The persons who are the members of the Research Trust immediately before the day on which section 38 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) comes into force shall, on that day, continue to be members (the “continuing members”).

• (2) The terms and conditions of appointment of the continuing members shall, on the 90th day after whichever of the following occurs first—

• (a) the day on which that section comes into force; or

• (b) the day on which the Research Trust first make standing orders under paragraph 3F,

be the terms and conditions of appointment the Research Trust determine for the members appointed by them under paragraph 3B(1).

• (3) The provisions of paragraphs 3B(2) and (3) to 3D and 3F shall apply to the continuing members as they apply to members appointed under paragraph 3; and in the application of paragraph 3C any period of appointment of a continuing member as a member (before he became a continuing member by virtue of sub-paragraph (1)) shall count for the purposes of determining eligibility for re-appointment in accordance with paragraph 3C.

3B

• (1) Subject to the provisions of this Schedule, the appointment of a member under paragraph 3 shall be on such terms and conditions as the Research Trust may determine, but shall not be for a period exceeding 4 years.

• (2) A person holds and vacates office as member in accordance with the person's terms of appointment.

• (3) A person may resign office as member at any time by notice in writing to the Research Trust.

3C

A person who ceases to be a member of the Research Trust shall be eligible for re-appointment, but only once.

3D

The Research Trust may make payments from their funds to their members in respect of any loss of earnings the members would otherwise have made or any additional expenses to which they would not otherwise have been subject, being loss of expenses necessarily suffered or incurred for the purpose of enabling the members to discharge their duties as members of the Trust.

3E

• (1) The Research Trust may appoint such staff, on such terms and conditions (including as to remuneration and allowances), as they consider appropriate.

• (2) The Research Trust may—

• (a) pay, or make arrangements for the payment of;

• (b) make payments towards the provision of; and

• (c) provide and maintain schemes (whether contributory or not) for the payment of,

such pensions, allowances and gratuities to or in respect of such of their employees, or former employees, as they may determine.

• (3) The reference in sub-paragraph (1) to pensions, allowances and gratuities includes a reference to pensions, allowances and gratuities by way of compensation for loss of employment or reduction in remuneration.

3F

• (1) The Research Trust—

• (a) shall make and maintain standing orders regulating—

• (i) the appointment by them of members;

• (ii) the appointment of a member as convener;

• (iii) the terms and conditions of office of members and convener;

• (iv) their procedure;

• (v) such other matters as the Research Trust consider appropriate;

• (b) may, subject to sub-sub-paragraph (a), amend such standing orders from time to time.

• (2) The first set of standing orders under this paragraph shall be made before the expiry of the period of 90 days beginning with the day on which section 38 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) comes into force.

• (3) Subject to the provisions of this Schedule, the Research Trust may regulate their own procedure.

• (4) The validity of any proceedings of the Research Trust shall not be affected by any vacancy in membership nor by any defect in the appointment of a member.

3G

The Research Trust may do anything which appears to them to be necessary or expedient for the purpose of, or in connection with, the exercise of their functions.

Financial assistance by the Secretary of State to voluntary organisations.

Standards and outcomes

Interpretation of Part VI.

Members

Protection of Health Boards and Common Services Agency.

Members

NHS contracts.

Assistance and support: primary medical services and pharmaceutical care services

Citation, extent and commencement.

Terms of office etc

[Joint Liaison Committees.

Members

Arbitration.

Members

Scottish Dental Estimates Board.

Community health partnerships: further provision

State hospitals.

Meaning of “independent health care services”

Members

Functions of Health Boards: primary medical services

Power to modify definitions

Scottish Hospital Endowments Research Trust.

Financial assistance by the Secretary of State to voluntary organisations.

Members

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Personal dental services: persons with whom agreements may be made.

Payments by Health Boards under general medical services contracts

Persons performing pharmaceutical care services

Duty of Secretary of State.

Medical lists.

NHS contracts.

Conditional disqualification etc.

Suspension pending appeal.

Exercise of choice of medical practitioner etc. in certain cases.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Expenses payable by remuneratively employed resident patients.

Calculation of charges for dental appliances and treatment.

Emergency powers.

Relationship of sections 77, 78 and 78A

Power of trustees to make payments to Health Boards.

Further provision as to expenditure on drugs.

Financial duties of bodies referred to in section 85.

Schemes for meeting losses and liabilities etc. of certain health service bodies.

Personal medical or dental services.

Regulation of financial arrangements of Health Boards, the Agency and the Dental Estimates Board.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of Commissioner and tenure of office.

Provisions relating to complaints.

Interpretation of Part VI.

Standards and outcomes

State hospitals.

Arbitration.

Transitional provisions and savings, consequential amendments and repeals.

Members

10ZA

• (1) The Agency must secure the adequate provision of the patient advice and support service described in section 18 of the Patient Rights (Scotland) Act 2011 (asp 5) in relation to each relevant body.

• (2) In exercising its function under subsection (1), the Agency must have regard to the desirability of the service being provided—

• (a) in the most efficient and effective manner possible, and

• (b) in a manner which co-ordinates with the services of other providers of advice and support.

• (3) There may be more than one provider of the patient advice and support service.

• (4) The patient advice and support service is not to be provided by—

• (a) a Health Board,

• (b) a Special Health Board,

• (c) Healthcare Improvement Scotland,

• (d) the Agency.

• (e) an integration joint board.

• (5) Each relevant body must make to its provider of the patient advice and support service, in respect of the provider's expenses (as respects its activities relating to the service), payments of such amounts, and at such times, as the Scottish Ministers may direct.

• (6) For the purposes of this section, a “relevant body” is—

• (a) a Health Board, ...

• (ab) an integration joint board, and

• (b) any other body that the Scottish Ministers may by order specify.

Primary medical services: persons with whom agreements can be made

Personal dental services: persons with whom agreements may be made.

Services lists

Supply of goods and services to local authorities, etc.

Assistance and support: primary medical services and pharmaceutical care services

Arrangements and regulations for general medical services.

Vacancies for medical practitioners.

Arrangements for providing additional pharmaceutical services.

Powers of NHS Tribunal.

Conditional disqualification etc.

Review etc. of disqualification.

Suspension pending appeal.

Exercise of choice of medical practitioner etc. in certain cases.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Expenses payable by remuneratively employed resident patients.

Calculation of charges for dental appliances and treatment.

Emergency powers.

Relationship of sections 77, 78 and 78A

Power of trustees to make payments to Health Boards.

Expenses payable by remuneratively employed resident patients.

Financial duties of bodies referred to in section 85.

Calculation of charges for dental appliances and treatment.

Accounts of Health Boards and the Agency.

Regulation of financial arrangements of Health Boards, the Agency and the Dental Estimates Board.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of Commissioner and tenure of office.

Provisions relating to complaints.

Personal medical or dental services: regulations.

Reimbursement of the cost of services provided in another EEA State

State hospitals.

Arbitration.

Transitional provisions and savings, consequential amendments and repeals.

Medical reviewers

7A

• (1) HIS must appoint persons employed under paragraph 7(5) to exercise the functions of medical reviewers; and when doing so those employees are to be known as medical reviewers.

• (2) HIS must appoint a person employed under paragraph 7(5) to exercise the functions of the senior medical reviewer; and when doing so that employee is to be known as the senior medical reviewer.

• (3) A person appointed as a medical reviewer or the senior medical reviewer must—

• (a) be a medical practitioner;

• (b) have been so throughout the 5 years prior to appointment; and

• (c) have such other qualifications, training and experience as may be specified by regulations.

• (4) A member of HIS may not exercise the functions of—

• (a) a medical reviewer; or

• (b) the senior medical reviewer.

• (5) An employee of HIS (other than a medical reviewer) may not exercise any function of a medical reviewer other than those under section 17.

• (6) An employee of HIS (other than the senior medical reviewer) may not exercise the functions of the senior medical reviewer (except by virtue of arrangements made under paragraph 11(2C)).

• (7) An appointment as a medical reviewer or the senior medical reviewer does not affect the appointed person's status as employed under paragraph 7(5).

Members

Arrangements for providing additional pharmaceutical services.

Conditional disqualification etc.

Provision of certain services under NHS contracts.

Suspension pending appeal.

Exercise of choice of medical practitioner etc. in certain cases.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payments by Health Boards under general medical services contracts

Emergency powers.

Relationship of sections 77, 78 and 78A

Power of trustees to make payments to Health Boards.

Further provision as to expenditure on drugs.

Financial duties of bodies referred to in section 85.

Schemes for meeting losses and liabilities etc. of certain health service bodies.

Accounts of Health Boards and the Agency.

Regulation of financial arrangements of Health Boards, the Agency and the Dental Estimates Board.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of Commissioner and tenure of office.

Provisions relating to complaints.

Interpretation of Part VI.

Protection of Health Boards and Common Services Agency.

State hospitals.

Arrangements for providing additional pharmaceutical services.

Transitional provisions and savings, consequential amendments and repeals.

Members

Prior authorisation for the purposes of section 75BA

75BA

• (1) This section applies where qualifying EEA expenditure is incurred by a person on or after 25 October 2013 (but see subsections (9) and (14) and section 75BC).

• (2) A Health Board must, on an application made by the person, reimburse to that person the amount of the qualifying EEA expenditure incurred by that person, but this is subject to subsections (8) and (9), to any limit applicable under subsection (11) and to any deduction applicable under section 75D.

• (3) For the purpose of this section, “qualifying EEA expenditure” is expenditure incurred on the provision by an authorised provider, in an EEA State ..., to a person ordinarily resident in Scotland (“the patient”) of services as respects which condition A or condition B is met.

• (4) Condition A is that the services—

• (a) are necessary to treat or diagnose a medical condition of the patient, and

• (b) are the same as or equivalent to services that a Health Board in whose area a patient resides would make or have made available to a patient under this Act in the circumstances of the patient’s case.

• (5) But in the case of services which, although meeting the requirements in paragraphs (a) and (b) of subsection (4), fall within subsection (6), condition A is only met if, before the services were provided, the Health Board had given authorisation under section 75BB for the provision of the services to the patient.

• (6) Services fall within this subsection if—

• (a) they are subject to planning requirements relating to the objective of ensuring sufficient and permanent access to a balanced range of high quality treatment or to the wish to control costs and avoid, as far as possible, any waste of financial, technical and human resources, and—

• (i) involve a stay in hospital accommodation for at least one night, or

• (ii) require the use of highly specialised and cost-intensive medical infrastructure or medical equipment,

• (b) they involve treatments presenting a particular risk for the patient or the population, or

• (c) they are provided by a healthcare provider in circumstances that, on a case-by-case basis, could give rise to serious and specific concerns relating to the quality or safety of the care, with the exception of healthcare services which are subject to European Union legislation ensuring a minimum level of safety and quality throughout the European Union.

• (7) Condition B is that before the services were provided the Health Board had given authorisation under section 75BB(4)(b) for the provision of the services to the patient.

• (8) The duty in subsection (2) does not apply where the applicant for reimbursement incurred the qualifying EEA expenditure in connection with an arrangement which was entered into by or on behalf of the applicant in the course of business and under which the applicant has gained or might be expected to gain any financial benefit.

• (9) This section does not apply in circumstances where Article 20 or 27(3) of Regulation (EC) No. 883/2004 apply.

• (10) Subsection (11) applies where the services are the same as or equivalent to services that the Health Board in whose area a patient resides would have made available to that patient under this Act in the circumstances of the patient’s case.

• (11) The Health Board may limit the amount of any reimbursement under this section to the cost that the Board would have incurred if the same or an equivalent service had been made available by the Board to a patient resident in the Board’s area.

• (12) A Health Board may, on an application made by a person who receives reimbursement of qualifying expenditure under paragraph (2), reimburse to that person travelling expenses (including the travelling expenses of companions) incurred or to be incurred for the purpose of their obtaining any services reimbursed under this section.

• (13) The Scottish Ministers may determine—

• (a) the form in which an application under this section must be made, and

• (b) the information to be provided in support of the application.

• (14) This section does not apply where expenditure is incurred in Iceland, Liechtenstein or Norway before Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare applies to that state in accordance with the EEA Agreement.

• (15) In this section and section 75BB—

• “authorised provider” in relation to services provided in an EEA State means a person who is lawfully providing services,

• “services” includes any goods, including drugs, medicines and appliances which are used or supplied in connection with the provision of a service, but does not include accommodation other than hospital accommodation.

Prior authorisation for the purposes of section 75BA

75BB

• (1) A person may apply to a Health Board under this section for prior authorisation for the purposes of section 75BA in relation to the provision of services (“the requested services”) to a person ordinarily resident in Scotland (“the patient”).

• (2) The requested services must be—

• (a) services which fall within section 75BA(6) and meet the requirements in paragraphs (a) and (b) of section 75BA(4), or

• (b) services that are neither the same as nor equivalent to services that a Health Board in whose area the patient resides would make available to the patient under this Act in the circumstances of the patient’s case.

• (3) The Scottish Ministers may determine—

• (a) the form in which an application under this section must be made, and

• (b) the information to be provided in support of the application.

• (4) A Health Board—

• (a) must authorise the provision of the requested services if they are services mentioned in subsection (2)(a) (but see subsection (5)), and

• (b) may authorise the provision of the requested services in any case where—

• (i) the requested services are necessary to treat or diagnose a medical condition of the patient, and

• (ii) the duty in paragraph (a) does not apply.

• (5) The duty in subsection (4)(a) does not apply if at least one of the following conditions is met—

• (a) by receiving the requested services the patient would, according to a clinical evaluation, be exposed with reasonable certainty to a patient-safety risk that cannot be regarded as acceptable, taking into account the potential benefit for the patient of the requested service,

• (b) the general public will be exposed with reasonable certainty to a substantial safety hazard as a result of the requested service,

• (c) the requested service is to be provided by a healthcare provider that raises serious and specific concerns relating to the respect of standards and guidelines on quality of care and patient safety, including provisions on supervision, whether these standards and guidelines are laid down by laws or regulations or through accreditation systems established by the state in which the requested services will be provided,

• (d) the Health Board can provide to the patient services that are the same as or equivalent to the requested services within a period of time that is medically justifiable, taking into account the patient’s state of health at the time the decision under this section is made and the probable course of the medical condition to which the requested services relate.

• (6) The matters to which a Health Board is to have regard in determining for the purpose of subsection (5)(d) whether the length of any delay is medically justifiable include—

• (a) the patient’s medical history,

• (b) the extent of any pain, disability, discomfort or other suffering that is attributable to the medical condition to which the requested services are to relate,

• (c) whether any such pain, disability, discomfort or suffering makes it impossible or extremely difficult for the patient to carry out ordinary daily tasks, and

• (d) the extent to which the provision of the requested services would be likely to alleviate, or enable the alleviation of, the pain, disability, discomfort or suffering.

• (7) In section 75D (deduction of NHS charges)—

• (a) in subsection (1) after “75B(1)” insert “or 75BA”;

• (b) in subsection (2) after “75C” insert “or 75BA and 75BB”.

• (8) Any authorisation or refusal of authorisation in part or full under this section must be in writing.

• (9) In this section ... “writing” includes an electronic communication as defined in section 15 of the Electronic Communications Act 2000which has been recorded and is capable of being reproduced.

Deduction of NHS charges

Personal medical or dental services.

Primary medical services: persons with whom agreements can be made

Relationship of sections 77, 78 and 78A

Power of trustees to make payments to Health Boards.

Further provision as to expenditure on drugs.

Inquiries.

Schemes for meeting losses and liabilities etc. of certain health service bodies.

Accounts of Health Boards and the Agency.

Regulation of financial arrangements of Health Boards, the Agency and the Dental Estimates Board.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relationship of sections 77, 78 and 78A

Power of trustees to make payments to Health Boards.

Services lists

Protection of Health Boards and Common Services Agency.

State hospitals.

Arbitration.

Transitional provisions and savings, consequential amendments and repeals.

Members

Deduction of NHS charges

Inquiries.

Emergency powers.

Relationship of sections 77, 78 and 78A

Power of trustees to make payments to Health Boards.

Further provision as to expenditure on drugs.

Financial duties of bodies referred to in section 85.

Schemes for meeting losses and liabilities etc. of certain health service bodies.

Accounts of Health Boards and the Agency.

Regulation of financial arrangements of Health Boards, the Agency and the Dental Estimates Board.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of Commissioner and tenure of office.

Provisions relating to complaints.

Interpretation of Part VI.

Protection of Health Boards and Common Services Agency.

State hospitals.

Arbitration.

Restriction of powers under sections 44, 50 and 53.

Members

12K

A Health Board may, with the agreement of another Health Board and the Scottish Ministers, carry out on behalf of that other Health Board any function of that other Health Board.

Reimbursement of Health Board’s costs.

Primary medical services: persons with whom agreements can be made

Personal dental services: persons with whom agreements may be made.

Immunisation.

Persons performing pharmaceutical care services

Duty of Secretary of State.

Medical lists.

Powers of NHS Tribunal.

Conditional disqualification etc.

Review etc. of disqualification.

Suspension pending appeal.

Exercise of choice of medical practitioner etc. in certain cases.