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National Health Service (Scotland) Act 1978

Type Public General Act
Publication 1978-07-20
Last updated 2025-06-19
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API
1176

Words in s. 75BC substituted (31.12.2020 immediately before IP completion day) in earlier amending provision S.S.I. 2019/131, reg. 4(6) by The Cross-border Health Care (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/478), regs. 1, 4(a)

1177

Words in s. 75BC substituted (31.12.2020 immediately before IP completion day) in earlier amending provision S.S.I. 2019/131, reg. 4(6) by The Cross-border Health Care (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/478), regs. 1, 4(b)

1178

S. 75BC(4)-(6) omitted (31.12.2020 immediately before IP completion day) in earlier amending provision S.S.I. 2019/131, reg. 4(6) by virtue of The Cross-border Health Care (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/478), regs. 1, 4(c)

1241

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))

1242

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))

1243

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))

1249

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))

1252

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)

1253

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)

1272

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.

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