Legalize / United Kingdom / Public General Act

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

(4) The Secretary of State may provide for the management of a state hospital to be undertaken on his behalf by—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) A Health Board, a Special Health Board, the Agency or an NHS trust to the extent that power to do so is delegated to the Board, Agency or trust by the Secretary of State.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Arbitration

103

Any question which is required by this Act or by any regulation thereunder to be determined by arbitration shall be determined by a single arbiter agreed upon by the parties, or, failing such agreement, appointed by the Court of Session on the application of any of the parties to the question; and at any stage in the proceedings in any such arbitration the arbiter may, and shall if so directed by the Court of Session, state a case for the opinion of that Court on any question of law arising in the arbitration.

Exemption from stamp duty

104

(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 2 or 82 or paragraph 7 of Schedule 6.

(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, section 2, and stamp duty shall not be payable on any such order.

Supplementary

Orders, regulations and directions

105

(1) Any power to make orders and regulations conferred by this Act shall be exercisable by statutory instrument.

(1A) Subsection (1) does not apply to orders made under section 12D(1) or paragraph 26(1) of Schedule 7A.

(2) A statutory instrument made by virtue of this Act shall, subject to subsections (2A) to (4), be subject to annulment in pursuance of a resolution by either House of Parliament.

(2A) No regulations shall be made under paragraph 12(1) of Schedule 1A (Health Board elections) unless a draft has been laid before, and approved by resolution of, the Scottish Parliament.

(3) No regulations shall be made under section 17L(1)(b)section 10O, section 10Z7 , section 12IJ(5), section 12IK(4) or sub-paragraphs (1) or (2) of paragraph 6 of Schedule 6 (capital value of and borrowings from relevant endowments or orders under section 10G, 10Z16(3) or section 99ZB(3)) unless a draft has been laid before Parliament and approved by a resolution of each House of Parliament.

(4) Subsection (2) does not apply to—

(a) an order made under section 2(1) constituting a Health Board;

(b) orders made under sections 2(11), 8, 10(3) to (5) 12A(1), 12A(8), 12E(1), 12G(2),, 70(2) . . . paragraph 25(1) of Schedule 7A and paragraph 3 of Schedule 7B;

(5) Any power to make regulations conferred on the Secretary of State by this Act is, if the Treasury so direct, exercisable by the Treasury and the Secretary of State jointly except in the case of—

(a) regulations made under section 22;

(b) regulations made under section 69(1) in respect of charges for the drugs, medicines or appliances referred to in paragraph (a) of that subsection, or under paragraph 1(1) of Schedule 11 in respect of the remission or repayment of any charge payable under that section in the cases provided for in paragraph 1(1) of that Schedule;

(d) regulations made under paragraph 2(6) of that Schedule;

(6) Where under any provision of this Act—

(a) power to make an order may be exercisable, or

(b) directions may be given, or

that provision includes power to vary or revoke the order or direction or scheme, as the case may be, by subsequent order or subsequent directions or subsequent scheme made in the like manner and subject to the same provisions.

(7) Any power conferred by this Act to make regulations , orders or directions may be exercised—

(a) either in relation to all cases to which the power extends, or in those cases subject to exceptions, or in relation to any specified cases or classes of case, and

(b) subject to such other exceptions or conditions as the Secretary of State thinks fit,

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

This subsection does not apply to regulations made under section 22 (but without prejudice to subsection (3) of that section) or to an order made under section 49 (but without prejudice to paragraph 1(1) of Schedule 10).

Supplementary regulatory powers

106

Regulations may make provision for all or any of the following matters,—

(a) for prescribing the forms of notices and other documents, and the manner of service of notices and other documents;

(b) for prescribing the manner in which documents may be executed or proved;

Local enactments

107

(1) Subject to subsection (2), 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 under this Act, 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.

(2) The Secretary of State may by order except from the operation of subsection (1) such local enactments as may be specified in the order and direct that corresponding provisions of this Act or of any order or regulations made under this Act, shall not have effect in the areas in which the specified local enactments have effect.

(3) 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 (1), is inconsistent with any provision of this Act or that any order or regulations made under this Act, or is no longer required, or regulations to be amended, having regard to any such provision, order or regulation, he may by order repeal or amend the local enactment as he may consider appropriate.

Interpretation and construction

108

(1) In this Act, unless the contrary intention appears—

“the 2021 Act” means the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021;

“the Agency” has the meaning indicated in section 10;

“area medical committee”, “area dental committee”, “area nursing and midwifery committee”, “area pharmaceutical committee” and “area optical committee” have the meanings indicated in section 9(2);

“community care services” has the meaning given by section 12A(8) of the Social Work (Scotland) Act 1968;

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“the Dental Estimates Board” has the meaning indicated in section 4;

“dental practitioner” means a person registered in the dentists register under the Dentists Act 1984;

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“dispensing optician” means a person who is registered in the register kept under section 2 of the Opticians Act 1958 of dispensing opticians or a body corporate enrolled in the list kept under section 4 of that Act or such bodies carrying on business as dispensing opticians;

“education authority” has the same meaning as in the Education (Scotland) Act 1980;

“ EEA State” means a member State, Norway, Iceland or Lichtenstein;

“equipment” includes any machinery, apparatus or appliance, whether fixed or not, and any vehicle;

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“functions” includes powers and duties;

“ general medical services contract ” has the meaning given in section 17J(2);

“ general ophthalmic services ” is to be construed in accordance with section 26(1F);

“ goods ” includes accommodation

“governing body”, in relation to any hospital to which section 89 applies, includes any body, whether corporate or unincorporate, having the control and management of the hospital or any part of it or otherwise carrying on the business of the hospital or any part of it;

“Health Board” means a Health Board constituted under section 2;

“the health service” means the health service established in pursuance of section 1 of the National Health Service (Scotland) Act 1947;

“health service hospital” means a hospital vested in the Secretary of State for the purposes of his functions under this Act or vested in an NHS trust;

“ HIS ” has the meaning indicated in section 10A;

“hospital” means—any institution for the reception and treatment of persons suffering from illness,any maternity home, andany institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation, and any institution for providing dental treatment maintained in connection with a dental school,and includes clinics, dispensaries, and out-patient departments maintained in connection with any such home or institution, and “hospital accommodation” shall be construed accordingly;

“the Hospital Trust”has the meaning indicated in section 11;

“illness” includes mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 and any injury or disability requiring medical or dental treatment or nursing;

“integration joint board” means an integration joint board established under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014;

“local authority”means a council constituted under section 2 of the Local Government etc. (Scotland ) Act 1994;

“local consultative committee” means a committee recognised by the Secretary of State under section 9(1);

“local health council” has the meaning indicated in section 7;

“medical” includes surgical;

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“ medical practitioner ”means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978

“medicine” includes such chemical re-agents as are included in a list for the time being approved by the Secretary of State for the purposes of section 27;

“modifications” includes additions, omissions and amendments;

“ National Health Service trust ” has the meaning indicated by section 12A and “ NHS trust ” shall be construed accordingly

“ NHS contract ” has the meaning indicated by section 17A(3)

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“officer” includes servant;

“ operational date ”, in relation to an NHS trust, shall be construed in accordance with paragraph 3(1)(e) of Schedule 7A;

“ ophthalmic optician ” means a person registered in the register of optometrists maintained under section 7 of the Opticians Act 1989 ... or a body corporate registered in the register of bodies corporate maintained under section 9 of that Act carrying on business as an optometrist.

“patient” includes an expectant or nursing mother and a lying-in woman;

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“ pilot scheme ” has the meaning given by section 1 of the National Health Service (Primary Care) Act 1997 (c.46);

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“prescribed” means prescribed by regulations made by the Secretary of State under this Act;

“ primary medical services ” is to be construed in accordance with section 2C(5);

“property” includes rights;

“ provide ” includes manage

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“ registered pharmacist ” means a person registered as a pharmacist in Part 1 or 4 of the register maintained under article 19 of the Pharmacy Order 2010;

“ Regulation ( EC ) No. 883/2004 ” means Regulation ( EC ) No. 883/2004 of the European Parliament and of the Council of 29th April 2004 on the coordination of social security systems,

“ regulations ” means regulations made by the Secretary of State under this Act;

“ relevant endowment ” has the meaning indicated in section 11;

“ the Research Trust ” means the Scottish Hospital Endowments Research Trust constituted under subsection (1) of section 12 of this Act (before the repeal of that subsection by section 38(2)(a) of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13);

“ section 17C arrangements ” has the same meaning as in section 17E(9);

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“ Special Health Board ” means a Special Health Board constituted under section 2;

“ state hospital ” has the meaning indicated in section 102(2)

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“ superannuation benefits ” means annual superannuation allowances, gratuities and periodical payments payable on retirement, death or incapacity, and similar benefits;

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“ the Tribunal ” has the meaning indicated in section 29;

“ the Trust ” has the meaning indicated in section 11;

“ University Liaison Committee ” means a committee such as is referred to in section 8;

“ voluntary organisation ” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.

(1A) References in this Act to “carrying on the business of dentistry” are to be construed in accordance with section 40 of the Dentists Act 1984 (c. 24).

(2) References in this Act to the purposes of a hospital shall be construed as referring both to the general purposes of the hospital and to any specific purpose of the hospital.

(3) Any reference in this Act to any enactment is a reference to it as amended or applied by or under any other enactment including this Act.

(4) In this Act, except where otherwise indicated,—

(a) a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered;

(b) a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered;

(c) a reference in a section, subsection or Schedule to a numbered or lettered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered or lettered; and

(d) a reference to any provision of an Act (including this Act) includes a reference to any Schedule incorporated in the Act by that provision.

Transitional provisions and savings, consequential amendments and repeals

109

Schedule 15 to this Act is hereby given effect, and subject to the transitional provisions and savings contained in that Schedule—

(a) the enactments and the order specified in Schedule 16 have effect subject to the amendments (being amendments consequent on this Act) specified in that Schedule, and

(b) the enactments specified in Schedule 17 (which include enactments which were spent before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule;

but nothing in this Act shall be taken as prejudicing the operation of sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (which relates to the operation of repeals).

Citation, extent and commencement

110

(1) This Act may be cited as the National Health Service (Scotland) Act 1978.

(2) Subject to subsection (3)subsections (2A) and (3), this Act extends only to Scotland.

(2A) Section 87B(3) extends also to England and Wales.

(3) Paragraph 3 of Schedule 10 extends to other parts of the United Kingdom.

(4) This Act shall come into force on 1st January 1979.

SCHEDULE 1

Part I

1

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

2

(1) A Health Board is to consist of the following types of members—

(a) a chairman, and other members, appointed by the Scottish Ministers (“appointed members”), and

(b) councillors appointed by the Scottish Ministers following nomination by local authorities in the area of the Health Board (“councillor members”), and

(2) Regulations must, in relation to each Health Board, specify—

(a) the total number of members of the Board, and

(b) the number of each type of member.

(3) At least one councillor member must be appointed for each local authority whose area is wholly or partly within the area of the Board.

3

An appointed member may be appointed only after consultation with the following bodies—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 State to be concerned.

4

The Secretary of State may pay to

(a) the chairman of a Health Board,

(b) such other members of a Health Board as may be prescribed, and

such remuneration as he may, with the approval of the Minister for the Civil Service, from time to time determine.

5

A Health Board may employ such officers and servants on such terms as to remuneration and conditions of service as the Board may, determine in accordance with regulations and any directions given under this paragraph by the Secretary of State.

6

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.

7

No officer or servant of a Health Board to whom regulations or any directions given under paragraph 5 apply shall be employed otherwise than in accordance with the regulations or, as the case may be, the directions.

8

Regulations under paragraph 6 shall not contain a requirement that all consultants employed for the purpose of hospitals shall be employed whole-time.

9

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10

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Part II

11

Regulations may make provision—

(a) as to the appointment, tenure and vacation of office of appointed members and councillor members (including provision specifying circumstances in which the Scottish Ministers may determine that such a member is to vacate office);

(b) as to the delegation of functions to committees or sub-committees constituted in accordance with the regulations; and

12

The proceedings of a Health Board shall not be invalidated by any vacancy in membership or by any defect in the appointment or, as the case may be, election of any member thereof.

13

The Secretary of State shall pay to members of a Health Board, 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.

14

Allowances shall not be paid under paragraph 13 except in connection with the performance of such powers or duties, in such circumstances, as the Secretary of State may determine.

15

Payment under paragraph 13 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.

16

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17

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18

The functions transferred to and exercisable by Health Boards under section 56 of the National Health (Scotland) Act 1972 (functions under the Nursing Homes Registration (Scotland) Act 1938) shall continue to be exercisable by them under this paragraph.

19

The Secretary of State may, with any necessary modifications, by order apply any of the provisions of paragraph 6 of Schedule 3 to the Civil Aviation Act 1982 to the case of a person who enters the employment of a Health Board after having been employed in employment to which the said paragraph 6 applies, and any such order may provide that for the purposes of any enactment specified in the order, or for any other purposes so specified, there shall be deemed to have been no break in the employment of any such person.

SCHEDULE 2

1

The Medical Practices Committee shall consist of a chairman, who shall be a medical practitioner, and 5 other members of whom 3 shall be medical practitioners actively engaged in medical practice.

2

The chairman and members shall be appointed by the Secretary of State after consultation with such organisations as the Secretary of State may recognise as representative of the medical profession.

3

The Secretary of State may make regulations with respect to the appointment, tenure of office and vacation of office of the members of the Committee.

4

The Secretary of State may provide the services of such officers as the Committee may require.

5

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

SCHEDULE 3

1

The 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;

(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 memberes of the Council;

(b) enabling alternative members to attend in place of any member of the Council who may be absent;

(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 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.

SCHEDULE 4

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.

SCHEDULE 5

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.

3

The management committee shall consist of a chairman appointed by the Secretary of State and such other members as the Secretary of State may, after consultation with the Health Boards, appoint.

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 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, determine in accordance with regulations and any directions given under this paragraph by the Secretary of State.

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 alternative members to attend in place of any member of the committee who may be absent;

(c) the appointment by the management committee of sub-committees, 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 or any directions given under paragraph 7 apply shall be employed otherwise than in accordance with the regulations or, as the case may be, the directions.

10

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11

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12

The Secretary of State may exercise the powers conferred by paragraph 19 of Schedule 1 in the case of a person who enters the employment of the Agency and to whom that paragraph otherwise applies.

SCHEDULE 6

Part I

1

The Hospital Trust (hereafter in this Schedule referred to as “the Trust”) shall consist of a chairman appointed by the Secretary of State and not more than 7 and not less than 5 other members so appointed.

2

The Trust shall be a body corporate.

3

The proceedings of the Trust shall not be invalidated by any vacancy in the membership thereof or by any defect in the appointment of a member.

Part II

4

The Trust shall have the following powers—

(a) the like powers in relation to their funds as trustees have in relation to their trust estate under section 4(1) of the Trusts (Scotland) Act 1921;

(b) power to purchase and lease land and to invest in any security in which trustees are authorised to invest under or in pursuance of the Trusts (Scotland) Act 1921 and the Trustee Investments Act 1961 and—

(i) to retain any investment which they from time to time receive,

(ii) to make a narrower-range investment falling within Part II of Schedule 1 to the Trustee Investments Act 1961 without first obtaining advice as required by section 6 of that Act,

(iii) to invest in the units of a unit trust scheme or in participation certificates or in any form of participation under any trust or scheme having the effect of enabling persons to participate in the profits and income arising from the acquisition, holding, management or disposal of securities or of land;

(d) power to pay all the expenses of the constitution and administration of the Trust from their funds;

(e) power 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;

(ea) power to accept from any NHS trust for investment and management on behalf of the trust any property held on behalf of the trust by trustees appointed by virtue of section 12G(2), and any endowments or accumulated income otherwise held by the trust;

(f) power to accept, hold, administer and dispose of any property (other than a relevant endowment or such an endowment as is referred to in sub-paragraph (e) or, as the case may be, paragraph (ea)) on trust for purposes similar to those for which property is held by a Health Board or, as the case may be, by an NHS Trust;

(g) power to give advice to a Health Board relating to the investment or management of any such endowment or income as is referred to in sub-paragraph (e) and which is not transferred to the Trust under paragraph 16 of Schedule 1, and to recover from the Board concerned any expenses reasonably incurred by them in giving such advice. It is hereby declared, for the avoidance of doubt, that the Trust has at all times had the power referred to in sub-paragraph (b) above to invest in any security in which trustees are authorised to invest under or in pursuance of the Trustee Investments Act 1961.

5

(1) It shall be the duty of the Trust to obtain advice on the investment of any property held by them under this Act from a person whom the Trust reasonably believe to be qualified to give such advice by his ability in, and practical experience of, financial matters.

(2) For the purposes of sub-paragraph (1), the advice referred to therein may be obtained from a person other than an officer or servant of the Trust on such terms as may be agreed between the Trust and that person.

6

(1) Regulations may prescribe the method of calculating the capital value of relevant endowments transferred from Boards of Management and Regional Hospital Boards to the Trust under section 2(1) of the Hospital Endowments (Scotland) Act 1971 and the shares of Health Boards in the total endowments so transferred.

(2) Regulations may prescribe the terms and conditions on which sums may be borrowed from the Trust by Health Boards or NHS trusts.

7

(1) The Trust shall, at such date or dates in each year as the Secretary of State may determine, distribute the income from all relevant endowments transferred to them under section 2(1) of the Hospital Endowments (Scotland) Act 1971 and from property accepted by them in pursuance of paragraph 4(f), after deduction of such expenses as have been incurred under this Act or the said Act of 1971 or regulations made thereunder, among Health Boards , NHS trusts and state hospitals in accordance with schemes made from time to time by the Secretary of State by statutory instrument.

(2) Before making a scheme under this paragraph the Secretary of State shall give to Health Boards , NHS trusts and the bodies charged with the management of state hospitals an opportunity to make representations to him about the scheme.

(3) Such schemes shall provide for the income from such relevant endowments—

(a) in so far as it is distributed among Health Boards, being used by those Boards for purposes relating to services provided under this Act in or in relation to hospitals, or to research into any such matters as are mentioned in section 47(2), or for purposes intended to preserve the memory of any person or class of persons;

(b) in so far as it is distributed to a state hospital, being used by that hospital for any purpose for which the hospital was provided, including research in connection with any such purpose.

(c) in so far as it is distributed among NHS trusts, being used by that trust for any purpose for which the trust was established.

(4) In making a scheme under this paragraph the Secretary of State shall have regard to the arrangements for the distribution of income under any scheme, being a scheme made under section 7 of the said Act of 1971 and in operation immediately before 1st April 1974; and any scheme made under this paragraph may provide that any accumulated income held by a Health Board by virtue of section 2(2)(a) of the said Act of 1971 may be used only for such purposes as may be specified in the scheme.

(5) No scheme shall be made under this paragraph unless a draft has been laid before Parliament and has been approved by a resolution of each House of Parliament.

8

The total annual expenses of administration of the Trust shall be limited to such maximum amount as the Secretary of State may from time to time determine.

9

Regulations may make provision in respect of any of the following matters—

(a) the appointment, and tenure and vacation of office, of the members of the Trust;

(b) the procedure of the Trust;

(d) the making of payments, not exceeding limits to be determined from time to time by the Secretary of State, from the funds of the Trust to the members thereof in respect of any loss of earnings they would otherwise have made or any additional expenses (including travelling and subsistence expenses) to which they would not otherwise have been subject, being loss or expenses necessarily suffered or incurred by them for the purpose of enabling them to perform duties as members of the Trust;

(e) any matters consequential on, or incidental to, any of the aforesaid matters.

10

(1) The accounts of the Trust shall be audited annually by an auditor appointed by the Trust.

(2) No person shall be qualified to be appointed auditor under this paragraph unless he is a member of one or more of the following bodies:

(a) the Institute of Chartered Accountants of Scotland;

(b) the Institute of Chartered Accountants in England and Wales;

(d) the Institute of Chartered Accountants in Ireland;

(e) any other body of accountants established in the United Kingdom and for the time being recognised for the purposes of section 161(1)(a) of the Companies Act 1948 by the Secretary of State;

but a Scottish firm may be so appointed if each of the partners therein is qualified to be so appointed.

SCHEDULE 7

1

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2

The Research Trust shall be a body corporate.

3

Subject to paragraph 3A, the Research Trust shall consist of such number of members appointed by the Trust as the Trust may determine.

4

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

5

The Research Trust shall have, in relation to their funds, the like powers as trustees have in relation to their trust estate under subsection (1) of section 4 of the Trusts (Scotland) Act 1921.

6

Where the Research Trust borrow money or draw upon capital to meet expenditure of a capital nature, they shall set aside annually a sum sufficient to repay such loan or draft within a period which . . . shall not exceed 30 years; but this paragraph shall not apply in the case of a draft on capital to the extent only of surplus income added to capital.

7

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

SCHEDULE 8

1

The Tribunal shall consist of—

(a) a chairman appointed by the Lord President of the Court of Session,

(b) such number of deputy chairmen as may be so appointed,

(d) such number of medical practitioners as the Secretary of State may appoint for the purposes of this sub-paragraph,

(e) such number of medical practitioners having the qualifications prescribed under section 26 as the Secretary of State may appoint for the purposes of this sub-paragraph,

(f) such number of dental practitioners as the Secretary of State may appoint for the purposes of this sub-paragraph,

(g) such number of ophthalmic opticians as the Secretary of State may appoint for the purposes of this sub-paragraph, and

(h) such number of registered pharmacists as the Secretary of State may appoint for the purposes of this sub-paragraph.

2

A person appointed as the chairman or a deputy chairman shall be a practising—

(a) advocate; or

(b) solicitor,

of not less than ten years’ standing.

3

Any appointment for the purposes of paragraph 1(c) above shall be made after consultation with such body as the Secretary of State may recognise as representative of Health Boards.

4

Any appointment for the purposes of any of sub-paragraphs (d) to (h) of paragraph 1 above shall be made after consultation with such organisations as the Secretary of State may recognise as representative of the profession or calling concerned.

5

For the purposes of paragraph 4, the Secretary of State shall, after consultation with such organisations as he may recognise as representative of the several professions or callings concerned, appoint the following panels, none of which shall exceed 6 persons, that is to say:—

(a) a panel of medical practitioners;

(b) a panel of medical practitioners having the qualifications prescribed under section 26;

(d) a panel of ophthalmic opticians;

(f) a panel of registered pharmacists.

6

If any member of the Tribunal is unable to act in any case a deputy may be appointed by the Lord President of the Court of Session or the Secretary of State, as in the case of the appointment of the member in question; and, if the member is the chairman, the deputy shall possess the professional qualifications required for the office of chairman, and, if the member is the practitioner member, the deputy shall be appointed from the same panel.

7

Regulations may make provision—

(a) with respect to the appointment, tenure of office and vacation of office of members of the Tribunal;

(b) with respect to the appointment of officers of the Tribunal.

SCHEDULE 9

Prohibition, and certificate of Practices Committee

1

(1) Any person who sells or buys the goodwill . . .of a medical practice which it is unlawful to sell by virtue of section 35(1) is guilty of an offence and liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 3 months, or to both such fine and such imprisonment.

(2) Any person proposing to be a party to a transaction or series of transactions which he thinks might amount to a sale of the goodwill of a medical practice in contravention of section 35(1) may ask the Health Board which has arrangements with the person, under which, or in accordance with which, services as specified in section 35(1) are provided or performed, for a certificate under this paragraph.

(3) That Health Board shall consider any such application, and, if they are satisfied that the transaction or series of transactions does not involve the giving of valuable consideration in respect of the goodwill, or any part of the goodwill . . . of such a medical practice, they shall issue to the applicant a certificate to that effect, which shall be in the prescribed form and shall set out all material circumstances disclosed to the Board.

(4) Where any person is charged with an offence under this paragraph in respect of any transaction or series of transactions, it shall be a defence to the charge to prove that the transaction or series of transactions was certified by the Health Board under sub-paragraph (3).

(5) Any document purporting to be such a certificate shall be admissible in evidence and shall be deemed to be such a certificate unless the contrary is proved.

(6) If it appears to the court that the applicant for any such certificate failed to disclose to the Board all the material circumstances, or made any misrepresentation with respect thereto, the court may disregard the certificate, and sub-paragraph (4) shall not apply thereto.

(7) A Health Board shall, at the request of the Lord Advocate, furnish him with a copy of any certificate issued by them under sub-paragraph (3), and with copies of any documents produced to them in connection with the application for that certificate.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certain transactions deemed sale of goodwill

2

(1) For the purposes of section 35(1) and paragraph 1, a disposal of premises previously used for the purposes of a medical practice shall be deemed to be a sale of the goodwill of a medical practice if—

(a) the person disposing of the premises did so knowing that another person (“A") intended to use them for the purposes of A’s medical practice; and

(b) the consideration for the disposal substantially exceeded the consideration that might reasonably have been expected if the premises had not previously been used for the purposes of a medical practice.

(1A) If a person disposes of any premises together with any other property, the court shall, for the purposes of sub-paragraph (1), make such apportionment of the consideration as it thinks just.

(1B) For the purposes of sub-paragraphs (1) and (1A)—

(a) “disposal” means any sale, letting or other form of disposal (whether by a single transaction or a series of transactions) and “disposes” and “disposing” are to be read accordingly; and

(b) a person who procures the disposal of any premises is to be treated as having disposed of them.

(2) Where in pursuance of any partnership agreement . . .—

(a) any valuable consideration, other than the performance of services in the partnership business, is given by a partner or proposed partner as consideration for his being taken into partnership.

(b) any valuable consideration is given to a partner, on or in contemplation of his retirement or of his acceptance of a reduced share of the partnership profits, or to the personal representative of a partner on his death, not being a payment in respect of that partner’s share in past earnings of the partnership or in any partnership assets or any other payment required to be made to him as the result of the final settlement of accounts, as between him and the other partners, in respect of past transactions of the partnership, or

(c) services are performed by any partner for a consideration substantially less than those services might reasonably have been expected to be worth having regard to the circumstances at the time when the agreement was made,

there shall be deemed for the purposes of section 35(1) and paragraph 1 to have been a sale of the goodwill . . . of the practice of any partner to whom, or to whose personal representative, the consideration or any part thereof is given or, as the case may be, for whose benefit the services are performed, to the partner or each of the partners by or on whose behalf the consideration or any part thereof was given or, as the case may be, the partner who performed the services, and the said sale shall be deemed for the purposes of section 35(1) and paragraph 1 to have been effected—

(i) in a case to which paragraph (a) or paragraph (b) applies, at the time when the consideration was given, or, if the consideration was not all given at the same time, at the time when the first part thereof was given, or

(ii) in a case to which paragraph (c) applies, at the time when the agreement was made.

(3) Sub-paragraph (3A) applies if a person (“the assistant”)—

(a) performs services on behalf of a person who carries on a medical practice (or as an employee of a person employing a practitioner who carries on a medical practice);

(b) receives substantially less remuneration for performing those services than might reasonably have been expected, having regard to the circumstances at the time when the remuneration was fixed; and

(3A) For the purposes of section 35 and paragraph 1, a sale of the goodwill of the practice is to be deemed to have taken place (at the time when the remuneration was fixed), unless it is proved that the remuneration was not fixed in contemplation of the assistant’s succeeding to the practice.

(4) For the purposes of section 35(1) and paragraph 1, the goodwill of a medical practice shall be deemed to have been sold if—

(a) a person carrying on the practice (or employing a practitioner who carries on a medical practice) agrees, for valuable consideration—

(i) to do or refrain from doing any act, for the purpose of facilitating the succession of another person to the practice; or

(ii) to allow any act to be done, for that purpose; or

(b) a person—

(i) gives valuable consideration to a person carrying on the practice (or employing a practitioner who carries on a medical practice); and

(ii) succeeds, or has previously succeeded, to the practice.

(5) Sub-paragraph (4) does not apply—

(a) if it is proved that no part of the consideration was given in respect of the goodwill; or

(b) to anything done—

(i) in relation to the acquisition of premises for the purposes of a medical practice;

(ii) in pursuance of a partnership agreement; or

(iii) in the performance of medical services by one person as an assistant to another.

(6) In determining for the purposes of section 35(1) and this Schedule the consideration given in respect of any transaction, the court shall have regard to any other transaction appearing to the court to be associated with the first transaction, and shall estimate the total consideration given in respect of both or all the transactions, and shall apportion it between those transactions in such manner as it thinks just.

(7) For the purposes of section 35 and this Schedule—

(a) consideration is deemed to be given to a person (“B") if—

(i) it is given to another person but with B’s knowledge and consent; and

(ii) it appears to the court that B has derived, or will derive, a substantial benefit from the giving of the consideration; and

(b) unless the context otherwise requires, references to a person include, in the case of an individual who has died, references to his personal representative.

SCHEDULE 10

Orders and directions

1

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

Notices, authorisations and proof of documents

2

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

Territorial extent

3

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

False documents and false statements

4

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

Restrictions on disclosing information

5

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

Offences by corporations

6

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

Penalties

7

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

Production of documents

8

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

9

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

SCHEDULE 11

Regulations under section 69—charges for drugs, medicines or appliances, or pharmaceutical services

1

(1) No charge shall be made under section 69(1) in relation to the supply of drugs, medicines and appliances referred to in paragraph (a) of that subsection in respect of—

(a) the supply of any drug, medicine or appliance for a patient who is for the time being resident in hospital, or

(b) the supply of any drug or medicine (otherwise than in accordance with section 17C arrangements) for the treatment of venereal disease, or

(c) the supply of any appliance for a person who is under 16 years of age or is under 19 years of age and is receiving qualifying full-time education, or

(d) the replacement or repair of any appliance in consequence of a defect in the appliance as supplied,

Regulations under section 70—charges for dental or optical appliances

2

(1) The optical appliances referred to in section 70(1) are glasses and contact lenses, and the charge for glasses and contact lenses which that subsection authorises is a charge of such sum as may be determined by or in accordance with directions given by the Secretary of State.

(2) Regulations may—

(a) vary the amount or maximum amount of any charge authorised by section 70(1) for any optical appliance, and this power includes power to direct that the charge shall not be payable; or

(b) vary the descriptions of appliances for which any such charge is authorised;

and regulations made for the purposes of section 70(1) may be made so as to take effect—

(i) in the case of appliances supplied under this Act otherwise than under Part II, where the examination or testing of sight (otherwise than under that Part) leading to the supply of those appliances, or the first such examination or testing takes place on or after the date on which the regulations come into force;

(ii)

(iii)

(3) No charge shall be made under section 70(1) or (1A) in respect of any appliance supplied otherwise than under Part II to a patient for the time being resident in a hospital.

(4) No charge shall be made under section 70 (1A) in respect of the supply of a dental appliance if at the relevant time the person for whom that appliance was supplied—

(a) was under 18 years of age or was under 19 years of age and receiving qualifying full-time education; or

(b) was an expectant mother or had borne a child within the previous 12 months.

(6) Regulations made with respect to any exemption under sub-paragraph (4) may provide that it shall be a condition of the exemption that such declaration is made in such form and manner, or such certificate or other evidence is supplied in such form and manner, as may be prescribed.

(7) In sub-paragraph (4), “the relevant time” means—

(a) in relation to a dental appliance supplied otherwise than under Part II, the time of the examination leading to the supply of the appliance, or the first such examination;

(b) in relation to a dental appliance supplied under Part II, the time of the making of the contract or arrangement in pursuance of which the appliance is supplied.

(8) References in section 70 and in this paragraph to the supply of appliances shall be construed as including references to their replacement and, in the case of dentures, to their being relined or adjusted or having additions made to them but no charge shall be made under those provisions in respect of the replacement of dentures if the replacement is required in consequence of loss or damage.

Regulations under section 71—charges for dental treatment

3

(2) Regulations may vary the amount or the maximum amount of any charge authorised by section 71(1), and this power includes power to direct that the charge shall not be payable.

(3) Where any services in respect of which a charge is payable under section 70 are provided in pursuance of the contract or arrangement, the charges payable under that section and section 71(1) in respect of all services provided in pursuance of the contract or arrangement shall not exceed a prescribed sum in the aggregate.

(4) No charge shall be made under section 71(1) in respect of services provided for any person who, on the date of the contract or arrangement for the services—

(a) was under 18 years of age or was under 19 years of age and receiving qualifying full-time education, or

(5) Regulations made with respect to any exemptions under sub-paragraph (4)

may provide that it shall be a condition of the exemption that such declaration is made in such form and manner, or such certificate or other evidence is supplied in such form and manner, as may be prescribed.

Miscellaneous Provisions

4

For the purposes of section 39(2) (which provides for the Secretary of State to arrange for the free medical treatment of certain pupils) any charge made in pursuance of regulations under this Act in respect of the supply of drugs, medicines or appliances shall be disregarded.

5

Regulations may provide for the remission or repayment of any charges which, in pursuance of section 70(1) or section 71(1), are payable apart from this paragraph by a person whose income as calculated in accordance with regulations is at less than the prescribed rate, in respect of the supply or replacement of dental appliances or in respect of services provided as part of the general dental services.

6

For the purposes of sections 69 and 70 and of this Schedule, a bridge, whether fixed or removable, which takes the place of any teeth shall be deemed to be a denture having that number of teeth;

SCHEDULE 12

1

The Secretary of State shall appoint a person to hold the inquiry and to report thereon to him.

2

The Secretary of State or the person appointed to hold the inquiry shall send to any person who appears to them to be interested, notification of the time when and the place where the inquiry is to be held.

3

The person appointed to hold the inquiry may by notice require any person—

(a) to attend at the time and place set forth in the notice, to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry; or

(b) to furnish within such reasonable period as is specified in the notice such information relating to any matter in question at the inquiry as the person appointed to hold the inquiry may think fit, and as the person so required is able to furnish; but—

(i) no person shall be required in obedience to such a notice to attend at any place which is more than 10 miles from the place where he resides unless the necessary expenses are paid or tendered to him; and

(ii) nothing in this paragraph shall empower the person appointed to hold the inquiry to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.

4

The person appointed to hold the inquiry may administer oaths and examine witnesses on oath, and may accept in lieu of evidence on oath by any person a statement in writing by that person.

5

Any person who refuses or wilfully neglects to attend in obedience to a notice under paragraph 3, or to give evidence, or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or document which he may be required by any such notice to produce, or who refuses or wilfully neglects to furnish any information which he is required to furnish under sub-paragraph (b) of paragraph 3, shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale or to imprisonment for a period not exceeding 3 months.

6

The expenses incurred by the Secretary of State in relation to any inquiry held under this Act (including a reasonable sum for the services of any officer engaged in the inquiry) shall be paid by such of the parties to the inquiry in such proportions as the Secretary of State may order.

7

The Secretary of State may make orders as to the expenses incurred by the parties appearing at any such inquiry and as to the parties by whom such expenses shall be paid.

8

Any order by the Secretary of State under paragraph 6 or paragraph 7 may be enforced in like manner as a recorded decree arbitral.

SCHEDULE 13

1

Where under this Act, 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.

2

If any objection is duly made the Secretary of State shall afford to the said owner an opportunity of appearing before, and being heard by, a person appointed by him for the purpose; and after considering any such objection and the report of the person so appointed by him, the Secretary of State shall either withdraw the notice aforesaid or serve upon the owner a notice confirming that notice.

3

The property with respect to which a notice is served under paragraph 1 and is not withdrawn shall—

(a) if no objection is duly made to the notice, vest in the Secretary of State at the expiration of the time for making such an objection;

(b) if such an objection is duly made and the notice is confirmed by a notice served under paragraph 2, vest in the Secretary of State on the service of the last mentioned notice;

and shall in each case vest free of any pledge, lien or right in security.

4

Where any property is acquired in accordance with this Schedule there shall be paid by way of compensation to the owner of the property concerned a sum equal to the price which he might reasonably have been expected to have obtained upon a sale of the property effected by him immediately before the acquisition of the property by the Secretary of State; and any dispute as to the amount of such compensation shall be determined by arbitration; and the compensation shall accrue due at the time when the property vested in the Secretary of State.

5

Where property in respect of which compensation is payable as aforesaid was, immediately before the acquisition thereof by the Secretary of State, in the possession of some person by virtue of a hire purchase agreement, that person may, by a notice served on the Secretary of State, make a claim to have apportioned to him such part of the compensation as may be specified in his claim; and in default of agreement between the parties the claim shall be determined by arbitration, and the arbiter may apportion the compensation between the owner and the other person in such manner as appears to him to be just.

6

Any such compensation shall carry interest, as from the time when it accrues due until payment, at such rate as the Treasury may from time to time by order prescribe.

7

Where any sum by way of compensation is paid in accordance with this Schedule in respect of any property and, at the time when the compensation accrues due, the property is subject to any pledge, lien or right in security, the sum so paid shall be deemed to be subject to that pledge, lien or right.

SCHEDULE 14

1

Action taken by medical practitioners, dental practitioners, ophthalmic or dispensing opticians or pharmacists in pursuance of their contracts with Health Boards under Part II or with Executive Councils under Part IV of the National Health Service (Scotland) Act 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 a Health Board or a Joint Ophthalmic Committee in the exercise of functions under—

(a) the National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1974, or

(d) any regulations revoked by any of the regulations mentioned in paragraphs (a) and (c).

4

Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to service under this Act or any Act relating to the National Health Service repealed by this Act.

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 National Health Service (Scotland) Act 1947 or section 76 of this Act.

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 1984.

SCHEDULE 15

General

1

(1) In so far as—

(a) any agreement, appointment, apportionment, authorisation, determination, scheme, instrument, order or regulation made by virtue of an enactment repealed by this Act, or

(b) any approval, consent, direction, or notice given by virtue of such an enactment, or

(d) any other proceedings begun by virtue of such an enactment, or

(e) anything done or having effect as if done,

could, if a corresponding enactment in this Act were in force at the relevant time, have been made, given, begun or done by virtue of the corresponding enactment, it shall, if effective immediately before the corresponding enactment comes into force, continue to have effect thereafter as if made, given, begun or done by virtue of that corresponding enactment.

(2) Where—

(a) there is any reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or to a thing omitted, or to an event which has occurred, under or for the purposes of or by reference to or in contravention of any provisions of this Act, then,

(b) that reference shall be construed (subject to its context) as including a reference to the corresponding thing done or required or authorised to be done, or omitted, or to the corresponding event which occurred, as the case may be, under or for the purposes of or by reference to or in contravention of any of the corresponding provisions of the repealed enactments.

2

Where any enactment passed before the commencement of this Act, or any instrument or document, refers either expressly or by implication to an enactment repealed by this Act, the reference shall (subject to its context) be construed as or as including a reference to the corresponding provision of this Act.

3

Where any period of time specified in an enactment repealed by this Act is currrent at the commencement of this Act, this Act has effect as if its corresponding provision had been in force when that period began to run.

Section 37 of the National Health Service (Scotland) Act 1947

4

Notwithstanding the repeal by this Act of section 37 of the National Health Service (Scotland) Act 1947 (compensation for loss of right to sell a medical practice) that section shall continue to have such effect as may be necessary for the purposes of sections 1 to 7 of the National Health Service (Amendment) Act 1949.

Persons authorised to provide pharmaceutical services

5

A person who for three years immediately before 16th December 1911 acted as a dispenser to a medical practitioner or a public institution is in the same position in relation to the undertaking referred to in section 28(2) regarding the dispensing of medicines as a registered pharmacist.

Disqualification of practitioners

6

Where by virtue of section 43(8) of the National Health Service (Scotland) Act 1947 a person’s name was disqualified for inclusion in any list referred to in section 43(1) of that Act, that person’s name is disqualified for inclusion in any list referred to in section 29(1), until such time as the Tribunal direct to the contrary.

Section 4 of the Health Services and Public Health Act 1968

7

An undertaking given before the coming into force of section 4(1) of the Health Services and Public Health Act 1968 in respect of payment under section 4 of the National Health Service (Scotland) Act 1947 (accommodation available on part payment) continues to have the same effect as it had immediately before the coming into force of this Act.

Compensation of officers

8

Notwithstanding the repeal by the National Health Service (Scotland) Act 1972 of section 67 of the said Act of 1947, regulations made under paragraphs (c) to (e) of subsection (1) of that section shall continue to have effect until revoked by regulations under this Act.

Vehicles under section 33 of the Health Services and Public Health Act 1968

9

The provision of vehicles as mentioned in section 33 of the Health Services and Public Health Act 1968, and the taking of any such action as is mentioned in subsection (2) of that section, shall for the purposes of the National Health Service (Scotland) Act 1947 be treated as having been included among hospital and specialist services provided under Part II of that Act of 1947 as from its commencement.

Saving of amendments

10

Notwithstanding the repeal by this Act of sections 53 and 74 and Part I of Schedule 11 to the National Health Service (Scotland) Act 1947, and section 64(1) and Schedule 6 to the National Health Service (Scotland) Act 1972 and section 57(1) and Schedule 4 to the National Health Service Reorganisation Act 1973—

(a) the amendments made by Part I of Schedule 11 to that Act of 1947 to the Public Health (Scotland) Act 1897, and

(b) the amendments made by section 53 and paragraphs 37 to 77, 82, 83(a), 84 to 92, . . . 95 to 97, 101, 102, 104 to 107(a), 108 to 115, 117, 119 to 122, 129, 135(b) to (c), 136(b), 138 to 140, 150, 152(b), 155 to 156A of Schedule 6 to that Act of 1972, and

(c) the amendments made by paragraphs 69(2), 82, 96, 102, 106, 109, 123, 128, 130, 133, 134, 140 and 141 of Schedule 4 to that Act of 1973,

shall continue to have the same effect as they had immediately before the coming into force of this Act, subject to any amendments made under this Act.

Transfer of property of voluntary organisations

11

Notwithstanding the repeal by this Act of section 23(2) of the National Health Service (Amendment) Act 1949, section 23(1) of that Act shall be deemed to have had effect as from 5th July 1948.

Investigations by the Health Service Commissioner for Scotland

12

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

Permission deemed to have been granted under section 9(5) of the Health Services Act 1976

13

Where under any arrangements terminated by virtue of section 9(5) of the Health Services Act 1976—

(a) a person was deemed to have been granted under that section permission to use accommodation and facilities to the same extent and for the same purposes as were covered by those arrangements, then

(b) that person shall be deemed to have been granted under section 64 of this Act the like permission (and the provisions of that section shall apply accordingly).

Borrowing from the Hospital Trust by Boards of Management and Regional Hospital Boards

14

Notwithstanding the repeal by this Act of the provisions of section 6(2) and (3) of the Hospital Endowments (Scotland) Act 1971 relating to borrowings from relevant endowments by Boards of Management and Regional Hospital Boards, regulations made under that section shall continue to have effect until revoked by regulations under this Act.

Health functions of local authorities

15

Notwithstanding the repeal by this Act of section 27 of the National Health Service (Scotland) Act 1947 (functions of local authorities relating to the prevention of illness, care and after-care), that section shall continue to have the same effect for the purposes of section 1(4) of the Social Work (Scotland) Act 1968 as it had immediately before the coming into force of this Act.

SCHEDULE 16

The Polish Resettlement Act 1947

1

In section 11(3)(b) (application to Scotland), for the words “the National Health Service (Scotland) Acts 1947 to 1972" substitute the words “the National Health Service (Scotland) Act 1978".

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

2

In section 1(1)(d) (compulsory purchase of land by the Secretary of State), for the words “:58 of the National Health Service (Scotland) Act 1972" substitute the words “79 of the National Health Service (Scotland) Act 1978".

The National Assistance Act 1948

3

(1) In section 47 (removal of persons in need of care)—

(a) in subsection (8), for the words “Acts 1947 to 1972" substitute the words “Act 1978";

(b) in subsection (10), for the words “section sixteen of the National Health Service (Scotland) Act 1947" substitute the words “ section 45 of the National Health Service (Scotland) Act 1978" and for the word “sixteen" substitute the word “45".

(2) In section 64 (interpretation), in the definition of “hospital", for the words “eighty" and “1947" substitute the words “108" and “1978" respectively;

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Law Reform (Personal Injuries) Act 1948

4

In seciton 2(4) (measure of damages), for the words “National Health Service (Scotland) Act 1947" substitute the words “National Health Service (Scotland) Act 1978".

The Children Act 1948

5

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