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Statutory Instruments of the Scottish Parliament
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The Scottish Ministers, in exercise of the powers conferred by sections 2(1)(b), (1A), (1B) and (1C) and 105(7) of the National Health Service (Scotland) Act 1978[1], and of all other powers enabling them in that behalf, hereby make the following Order: Citation and Commencement 1. This Order may be cited as the NHS 24 (Scotland) Order 2001 and shall come into force on 6th April 2001. Interpretation 2. - (1) For the purposes of this Order-
(2) In this Order unless the context otherwise requires, a reference to an article or Schedule is to an article of, or the Schedule to, this Order and a reference to a paragraph is to a paragraph of the article in which the reference is made.
(b) functions specified in paragraph (2) subject, however, to any limitations there specified.
(2) The functions specified in this paragraph are as follows:-
(b) the power of the Scottish Ministers under section 16B[2] of the Act to give financial assistance to voluntary organisations limited to assistance to such organisations whose activities consist of or include the provision of services similar to services provided by the Board or for the provision of which the Board is under a duty to make arrangements by virtue of the Act and the assistance so given is given on such terms and conditions as the Scottish Ministers might determine; (c) the duty of the Scottish Ministers under section 36(1) of the Act to provide throughout Scotland, to such extent as the Board considers necessary to meet all reasonable requirements, accommodation and associated services; (d) the duty of the Scottish Ministers under section 37 of the Act to make arrangements to such extent as the Board considers necessary to meet all reasonable requirements for the purposes of the prevention of illness, the care of persons suffering from illness and the after-care of such persons; (e) the duty of the Scottish Ministers under section 41 of the Act to such extent as the Board considers necessary to make arrangements for the giving of advice on contraception; (f) the power of the Scottish Ministers under section 42 of the Act to disseminate information relating to the promotion and maintenance of health and the prevention of illness; (g) the duty of the Scottish Ministers under section 47 to make available such facilities as appear to the Board to be reasonably necessary for undergraduate and post-graduate clinical teaching and research and for the education and training of persons providing or intending to provide services under the Act and to conduct or assist by grants or otherwise under that section research into any matters relating to the causation, prevention, diagnosis or treatment of illness, or into other matters relating to the health service; (h) the power of the Scottish Ministers under section 48 of the Act to provide on such terms and conditions as may be agreed residential accommodation for officers employed for the purposes of any functions of the Board under the Act, including residential and practice accommodation for medical and dental practitioners; (i) the powers of the Scottish Ministers under section 79(1) of the Act[3] to take on lease or to purchase moveable property and land which is required for the purposes of the Board and to use for those purposes and manage any heritable or moveable property so acquired; (j) the power of the Scottish Ministers under paragraph 4 of Schedule 1 to the Act[4], as applied in relation to the Board by article 5, to pay remuneration to the Chairman of the Board and to such other members thereof as may be prescribed so, however, that this sub-paragraph shall not be construed as extending to the power to determine the remuneration or to prescribe the members to whom it may be paid; (k) the power of the Scottish Ministers under paragraph 13 of Schedule 1 to the Act, as applied in relation to the Board by article 5, to pay to members of the Board, and any committees and sub-committees thereof, travelling and other allowances so however, that this sub-paragraph shall not be construed as extending to the power to determine the amount of such allowances.
(3) In exercising any functions of the Scottish Ministers to acquire, use, manage or dispose of land the Board shall ensure-
(b) that, where any such instrument requires to be executed on behalf of the Scottish Ministers and it is not executed in accordance with section 1(8) of the Reorganisation of Offices (Scotland) Act 1939[5], it is executed on their behalf in accordance with Schedule 2, paragraph 6 to the Requirements of Writing (Scotland) Act 1995[6].
(4) Nothing in this Order shall prevent or restrict from exercising any function under the Act-
(b) any Health Board; (c) any other Special Health Board; or (d) the Common Services Agency.
Applications of Enactments
EXPLANATORY NOTE (This note is not part of the Order) This Order constitutes a Special Health Board for the whole of Scotland to be known as NHS 24 ("the Board") (article 3). In accordance with article 1 the Order comes into force on 1st April 2001. Article 4 of the Order confers on the Board functions in relation to providing advice, guidance and information on health and care services. Article 5 and the Schedule apply to the Board various provisions in enactments which apply to Health Boards in general. These include provisions as to funding, the keeping and auditing of accounts and the appointment and remuneration of Board members and staff. Provisions in certain other Acts of Parliament relevant to Health Boards are also applied as are provisions in various sets of Regulations. [1] 1978 c.29; section 2(1) was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c.41) ("the 1983 Act"), Schedule 7, paragraph 1, and by the National Health Service and Community Care Act 1990 (c.19) ("the 1990 Act"), section 28 which inserted sub-sections (1)(b), (1A), (1B) and (1C); section 105(7) which was amended by the Health Services Act 1980 (c.53) ("the 1980 Act"), Schedule 6, paragraph 5(1) and Schedule 7, and by the 1983 Act, Schedule 9, paragraph 24, and by the Health Act 1999 (c.8) ("the 1999 Act"), Schedule 4, paragraph 60, contains provisions relevant to the exercise of the powers under which this Order is made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back [2] Section 16B was inserted by the 1983 Act, section 3.back [3] Section 79(1) was amended by the 1990 Act, Schedule 9, paragraph 19(15).back [4] Paragraph 4 of Schedule 1 was amended by the 1990 Act, Schedule 5, paragraph 3.back [7] Section 2(5) was amended by the 1990 Act, Schedule 9, paragraph 19(1).back [8] Section 10(4) was amended by the 1990 Act, Schedule 10 and by the 1999 Act, Schedule 4, paragraph 44.back [9] Section 13 was amended by the 1990 Act, Schedule 9, paragraph 19(4).back [10] Section 13A was inserted by the National Health Service (Amendment) Act 1986 (c.66) and amended by the 1990 Act, Schedule 9, paragraph 19(5).back [11] Section 17A was inserted by the 1990 Act, section 30 and amended by the Health Authorities Act 1995 c.17, Schedule 1, paragraph 102 and amended by the 1999 Act, Schedule 4, paragraph 46.back [12] Section 77 was amended by the 1990 Act, Schedule 9, paragraph 19(14).back [13] Section 79(1A) was repealed in part by the Requirements of Writing (Scotland) Act 1995 (c.7), section 14(2) and Schedule 5.back [14] Section 84 was amended by the 1990 Act, Schedule 9, paragraph 19(10).back [15] Section 84A was inserted by the 1980 Act, section 5(2) and amended by the 1990 Act, Schedule 9, paragraph 19(17).back [16] Section 85AA was inserted by the 1999 Act, section 52.back [17] Section 85 was substituted by the 1999 Act, section 52.back [18] Section 85A was inserted by the 1980 Act, section 6(4) and amended by the Health and Medicines Act 1988 (c.49), section 16(4) and by the 1999 Act, Schedule 4, paragraph 55.back [19] Section 85B was inserted by the 1990 Act, section 41 and amended by the 1999 Act, Schedule 4, paragraph 56.back [20] Section 86 was amended by the 1990 Act, section 36(2) to (8) and amended by the 1999 Act, Schedule 4, paragraph 57.back [21] Section 101 was amended by the 1990 Act, Schedule 9, paragraph 19(19).back [22] Paragraph 4 was amended by the 1990 Act, Schedule 5, paragraph 3.back [23] Paragraph 5 was amended by the 1980 Act, Schedule 6, paragraph 7(2) and Schedule 7.back [24] Paragraph 5A was inserted by the 1983 Act, Schedule 7, paragraph 4.back [25] Paragraph 7 was amended by the 1980 Act, Schedule 6, paragraph 7(3).back [26] Paragraph 7A was inserted by the 1990 Act, Schedule 5, paragraph 5.back [27] Paragraph 7B was inserted by the 1990 Act, Schedule 5, paragraph 5.back [28] Paragraph 11 was amended by the 1980 Act, Schedule 6, paragraph 7(4) and Schedule 7 and by the 1990 Act, Schedule 5, paragraph 7.back [29] Paragraph 11A was inserted by the 1980 Act, Schedule 6, paragraph 7(5).back [30] Paragraph 7B was inserted by the 1990 Act, Schedule 5, paragraph 11.back [31] Paragraph 7C was inserted by the 1990 Act, Schedule 5, paragraph 11.back [39] S.I. 1987/2, amended by S.I. 1990/2625.back [41] S.I. 1991/809, amended by S.I. 1993/1615.back
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