Citation, commencement and interpretation

1.  (1)  These Regulations may be cited as the Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014 and come into force on the day after the day on which they are made.

(2) In these Regulations, "the Act" means the Public Bodies (Joint Working) (Scotland) Act 2014.

Prescribed functions (Section 1(6))

2.  (1)  The functions listed in column A of Schedule 1 are prescribed for the purposes of section 1(6) of the Act.

(2) Each function listed in column A of Schedule 1 is prescribed subject to the exceptions in column B.

Prescribed functions (Section 1(8))

3.  (1)  The functions listed in column A of Schedule 2 are prescribed for the purposes of section 1(8) of the Act.

(2) Each function listed in column A of Schedule 2 is prescribed subject to the exceptions in column B.

(3) Each function prescribed for the purposes of section 1(8) is prescribed for that purpose so far as-

(a)the function is exercisable in relation to persons of at least 18 years of age;

(b)the function is exercisable in relation to care or treatment provided by health professionals for the purpose of the health care services listed in Part 2 of Schedule 3; and

(c)the function is exercisable in relation to the health care services listed in Part 3 of Schedule 3.

Regulation 2

SCHEDULE 1

Regulation 3

SCHEDULE 2

Regulation 3

SCHEDULE 3

PART 1

Interpretation of Schedule 3

1.  In this Schedule-

"Allied Health Professional" means a person registered as an allied health professional with the Health Professions Council;

"general medical practitioner" means a medical practitioner whose name is included in the General Practitioner Register kept by the General Medical Council;

"general medical services contract" means a contract under section 17J of the National Health Service (Scotland) Act 1978;

"hospital" has the meaning given by section 108(1) of the National Health Service (Scotland) Act 1978;

"inpatient hospital services" means any health care service provided to a patient who has been admitted to a hospital and is required to remain in that hospital overnight, but does not include any secure forensic mental health services;

"out of hours period" has the same meaning as in regulation 2 of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004(55); and

"the public dental service" means services provided by dentists and dental staff employed by a health board under the public dental service contract.

PART 2

2.  The health care services listed for the purpose of regulation 3(3)(b) are-

(a)accident and emergency services provided in a hospital;

(b)inpatient hospital services relating to the following branches of medicine-

(i)general medicine;

(ii)geriatric medicine;

(iii)rehabilitation medicine;

(iv)respiratory medicine; and

(v)psychiatry of learning disability,

(c)palliative care services provided in a hospital;

(d)inpatient hospital services provided by general medical practitioners;

(e)services provided in a hospital in relation to an addiction or dependence on any substance;

(f)mental health services provided in a hospital, except secure forensic mental health services.

PART 3

3.  The health care services listed for the purpose of regulation 3(3)(c) are-

(a)district nursing services;

(b)services provided outwith a hospital in relation to an addiction or dependence on any substance;

(c)services provided by allied health professionals in an outpatient department, clinic, or outwith a hospital;

(d)the public dental service;

(e)primary medical services provided under a general medical services contract, and arrangements for the provision of services made under section 17C of the National Health Service (Scotland) Act 1978, or an arrangement made in pursuance of section 2C(2) of the National Health Service (Scotland) Act 1978(56);

(f)general dental services provided under arrangements made in pursuance of section 25 of the National Health (Scotland) Act 1978(57);

(g)ophthalmic services provided under arrangements made in pursuance of section 17AA or section 26 of the National Health Service (Scotland) Act 1978(58);

(h)pharmaceutical services and additional pharmaceutical services provided under arrangements made in pursuance of sections 27 and 27A of the National Health Service (Scotland) Act 1978(59);

(i)services providing primary medical services to patients during the out-of-hours period;

(j)services provided outwith a hospital in relation to geriatric medicine;

(k)palliative care services provided outwith a hospital;

(l)community learning disability services;

(m)mental health services provided outwith a hospital;

(n)continence services provided outwith a hospital;

(o)kidney dialysis services provided outwith a hospital;

(p)services provided by health professionals that aim to promote public health.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe certain functions of Health Boards for the purpose of section 1(6) and (8) of the Public Bodies (Joint Working) (Scotland) Act 2014 ("the Act").

The Act requires Health Boards and local authorities to agree arrangements for joint working in their area in relation to certain of their statutory functions. This will have the effect that adult health and social care services are provided, in all local authority areas, in a way which is integrated from the point of view of a person using those services. These joint working arrangements will involve the delegation of functions by the local authority, or by the Health Board, or both.

Regulation 2, with Schedule 1, sets out the functions prescribed for the purpose of section 1(6) of the Act. These functions may be included in the joint working arrangements made under the Act. Schedule 1 lists, in column A, prescribed enactments that confer functions on Health Boards. The section heading for each enactment is provided for illustrative purposes. Column B of Schedule 1 sets out certain functions which are not prescribed, and so which may not be delegated by a Health Board.

Regulation 3, with Schedules 2 and 3, sets out a narrower list of functions which are prescribed for the purpose of section 1(8) of the 2014 Act in so far as they are exercisable in relation to persons over 18 and in relation to certain services provided by Health Boards. Functions prescribed for the purpose of section 1(8) must be included in the joint working arrangements that are made under the Act.

Schedule 2 lists, in column A, certain enactments that confer functions on Health Boards. The section heading for each enactment is provided for illustrative purposes. Column B of Schedule 2 sets out certain functions which are not prescribed for the purpose of section 1(8). Schedule 3 sets out two lists of services provided by Health Boards. Each of these services is provided under the prescribed functions. However, the statutory functions of Health Boards are broad and do not, in general, relate to a single service or narrow category of service. The functions listed in Schedule 2 are prescribed only to the extent that those functions relate to the provision of care and treatment by health professionals in relation to the services listed in Part 2 of Schedule 3, and in relation to the provision of the services listed in Part 3 of Schedule 3.

Services listed in Part 2 of Schedule 3 are all provided in a hospital. Regulation 3(3)(b) makes clear that aspects of these services that are not provided by health professionals are not required to be integrated. For example, functions must be included in integration arrangements to the extent that they relate to medical, nursing, pharmaceutical and other clinical aspects of the listed services. In relation to the services in Part 3 of Schedule 3, which are all provided outwith a hospital, all aspects of the service must be included.

For the purpose of these Regulations, the term "health professionals" has the meaning set out in section 68(1) of the Act.

When functions are delegated in accordance with these Regulations, section 25(3) of the Act means that the person to whom the functions are delegated also has the powers and duties applying in connection with the carrying out of those functions.