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Revised Statute from The UK Statute Law Database

National Health Service (Scotland) Act 1978 (c.29)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2006, 2007, 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

National Health Service (Scotland) Act 1978

1978 CHAPTER 29

Contents

Go to Preamble

  1. Part I

    Organisation

    1. Secretary of State

      1. 1. General duty of Secretary of State

    2. Administrative bodies

      1. 2. Health Boards

      2. 3. Scottish Medical Practices Committee

      3. 4. Scottish Dental Estimates Board

    3. National advisory bodies

      1. 5—6... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. Local advisory bodies

      1. 7. Local health councils

      2. 8. University Liaison Committees

      3. 9. Local consultative committees

    5. Agency for Secretary of State and other bodies

      1. 10. Common Services Agency

    6. Trusts

      1. 11. Scottish Hospital Trust

      2. 12. Scottish Hospital Endowments Research Trust

      3. 12A. National Health Service trusts

      4. 12AA. Additional functions of NHS trusts

      5. 12B. Transfer of staff to NHS trusts

      6. 12C. Supplementary provisions as to transfer of staff

      7. 12CA. Transfer of staff among health service bodies

      8. 12D. Transfer of property rights and liabilities to NHS trusts

      9. 12E. Originating capital debt of, and other financial provisions relating to NHS trusts

      10. 12F. Financial obligations of NHS trusts

      11. 12G. Trust property of NHS trusts

    7. Quality

      1. 12H.Duty of quality

    8. Co-operation and assistance

      1. 13.Co-operation between Health Boards and other authorities

      2. 13A. Co-operation in planning of services for disabled persons, the elderly and others

      3. 13B. [Joint Liaison Committees

      4. 14. Designated medical officers

      5. 15. Supply of goods and services to local authorities, etc

      6. 16.Assistance to voluntary organisations

      7. 16A. Power to make payments towards expenditure on community services

      8. 16B. Financial assistance by the Secretary of State to voluntary organisations

      9. 17.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      10. 17AA. Provision of certain services under NHS contracts

      11. 17A.NHS contracts

      12. 17B. Reimbursement of Health Board’s costs

      13. 17C. Personal medical or dental services

      14. 17D. Persons with whom agreements may be made

      15. 17E. Personal medical or dental services: regulations

      16. 17EA. Services lists

      17. 17EB. Application for inclusion in services list

      18. 17F. Right to choose medical practitioner

      19. 17G. Right to choose dental practitioner

      20. 17H. Immunisation

      21. 17I. Use of accommodation

  2. Part II

    Provision of Services

    1. General Services

      1. 18. Duty of Secretary of State

    2. General medical services

      1. 19.Arrangements and regulations for general medical services

      2. 19A. Medical lists

      3. 19B. Vacancies for medical practitioners

      4. 20. Applications to provide general medical services

      5. 21. Requirement of suitable experience

      6. 22. Regulations as to section 21

      7. 23. Distribution of general medical services

      8. 24. Regulations for Medical Practices Committee

      9. 24A. Liabilities and obligations in relation to deputies

      10. 24B. Supplementary lists

      11. 24C. Application for inclusion in supplementary list

    3. General dental services

      1. 25. Arrangements for provision of general dental services

    4. General ophthalmic services

      1. 26. Arrangements for provision of general ophthalmic services

    5. Pharmaceutical services

      1. 27. Arrangements for provision of pharmaceutical services

      2. 27A. Arrangements for providing additional pharmaceutical services

      3. 27B. Terms and conditions etc

      4. 28. Persons authorised to provide pharmaceutical services

    6. Remuneration for services

      1. 28A. Remuneration for Part II services

      2. 28B. Part II remuneration: supplementary

      3. 28C. Indemnity cover

    7. Provisions as to disqualification of practitioners

      1. 29. Disqualification of persons providing services

      2. 29A. The NHS Tribunal: supplementary

      3. 29B. Powers of NHS Tribunal

      4. 29C.Conditional disqualification etc

      5. 30. Removal of disqualification

      6. 31. Disqualification provisions in England or Wales or Northern Ireland

      7. 32. Regulations as to sections 29 to 31

      8. 32A. Applications for interim suspension

      9. 32B. Continuation of suspension pending appeal

      10. 32C. Sections 32A and 32B: procedure etc

      11. 32D. Suspension provisions in England and Wales or in Northern Ireland

      12. 32E. Payments in consequence of suspension

    8. Supplementary provisions relating to Part II

      1. 33. Powers of Secretary of State where services are inadequate

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

      3. 35. Sale of medical practices

      4. 35A. Interpretation of Part II

  3. Part III

    Other Services and Facilities

    1. 36. Accommodation and services

    2. 37. Prevention of illness, care and after-care

    3. 38. Care of mothers and young children

    4. 39.Medical and dental inspection, supervision and treatment of pupils and young persons

    5. 40. Vaccination and immunisation

    6. 41. Family planning

    7. 42.Health education

    8. 43. Control of spread of infectious disease

    9. 44. Supplies of blood and other substances

    10. 45.Ambulances

    11. 46. Provision of vehicles for persons suffering from physical defect or disability

    12. 47. Educational and research facilities

    13. 48. Residential and practice accommodation

  4. Part IV

    Powers of the Secretary of State

    1. Control of maximum prices for medical supplies

      1. 49. Maximum prices of medical supplies may be controlled

    2. Additional powers as to services and supplies; and the use of those services and supplies for private patients

      1. 50.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 51, 52... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 53.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 54. Restriction of powers under sections 44, 50 and 53

    3. Further provisions as to payments by patients for health service accommodation and services

      1. 55. Hospital accommodation on part payment

      2. 56. Expenses payable by remuneratively employed resident patients

      3. 57. Accommodation and services for private patients

      4. 58A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 59—63... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. Use by practitioners of health service accommodation and facilities for private practice

      1. 64. Permission for use of facilities in private practice

      2. 65—68... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. Regulations as to certain charges

      1. 69. Charges for drugs, medicines or appliances or pharmaceutical services

      2. 70. Charges for dental or optical appliances

      3. 70A. Charges for dental treatment under section 17C

      4. 71. Charges for dental treatment

      5. 71A. Calculation of charges for dental appliances and treatment

      6. 72. Charges in respect of services etc. provided under sections 37, 38 and 41

      7. 73. Charges for more expensive supplies

      8. 74. Charges for repairs and replacements in certain cases

      9. 75. Sums otherwise payable to those providing services

      10. 75A. Remission and repayment of charges and payment of travelling expenses

    6. Inquiries, and default and emergency powers

      1. 76. Inquiries

      2. 77.Default powers

      3. 78. Emergency powers

  5. Part V

    Property and Finance

    1. Land and other property

      1. 79. Purchase of land and moveable property

      2. 80. Transferred property free of trusts

      3. 81. Power of voluntary organisations to transfer property to Secretary of State

    2. Trust property

      1. 82. Use and administration of certain endowments and other property held by Health Boards

      2. 83. Power of Health Boards and local health councils to hold property on trust

      3. 84.Power of trustees to make payments to Health Boards

      4. 84A. Power to raise money, etc., by appeals, collections, etc

    3. Finance and accounts

      1. 85AA. Means of meeting expenditure of Health Boards out of public funds

      2. 85AB. Further provision as to expenditure on drugs

      3. 85. Expenses of certain bodies

      4. 85A. Financial duties of bodies referred to in section 85

      5. 85B. Schemes for meeting losses and liabilities etc. of certain health service bodies

      6. 86.Accounts of Health Boards and the Agency

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

    4. Fund-holding practices

      1. 87A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 87B.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 87C.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. Indicative amounts

      1. 87D.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    6. Remuneration, allowances and superannuation

      1. 88. Payment of allowances and remuneration to members of certain bodies connected with the health services

      2. 89. Superannuation of officers of certain hospitals

  6. Part VI

    The Health Service Commissioner for Scotland

  7. Part VII

    Miscellaneous and Supplementary

    1. Miscellaneous

      1. 98. Charges in respect of non-residents

      2. 99. Evasion of charges

      3. 99ZA. Recovery of charges and payments

      4. 99ZB.

      5. 99A. Holidays for patients etc

      6. 100. Accommodation for persons displaced in course of development

      7. 101.Protection of Health Boards and Common Services Agency

      8. 102. State hospitals

      9. 103. Arbitration

      10. 104. Exemption from stamp duty

    2. Supplementary

      1. 105. Orders, regulations and directions

      2. 106. Supplementary regulatory powers

      3. 107. Local enactments

      4. 108. Interpretation and construction

      5. 109. Transitional provisions and savings, consequential amendments and repeals

      6. 110. Citation, extent and commencement

  8. SCHEDULE 1

    Health Boards

  9. SCHEDULE 2

    The Medical Practices Committee

  10. SCHEDULE 3

    The Planning Council

  11. SCHEDULE 4

    University Liaison Committees

  12. SCHEDULE 5

    The Agency

  13. SCHEDULE 6

    The Hospital Trust

  14. SCHEDULE 7

    The Research Trust

  15. SCHEDULE 7A

    National Health Service Trusts

  16. SCHEDULE 7B

    Financial Provisions relating to NHS Trusts

  17. SCHEDULE 8

    The Tribunal

  18. SCHEDULE 9

    Additional Provisions as to Prohibition of Sale of Medical Practices

  19. SCHEDULE 10

    Additional Provisions as to the Control of Maximum Prices for Medical Supplies

  20. SCHEDULE 11

    Additional Provisions as to Regulations for the Making and Recovery of Charges

  21. SCHEDULE 12

    Inquiries

  22. SCHEDULE 13

    Acquisition of Property Other than Land

  23. SCHEDULE 14

    Action not subject to investigation by the Commissioner

  24. SCHEDULE 15

    Transitional Provisions and Savings

  25. SCHEDULE 16

    Consequential Amendments of Enactments

  26. SCHEDULE 17

    Repeals

An Act to consolidate certain enactments relating to the national health service in Scotland.

[20th July 1978]

Annotations:

Modifications etc. (not altering text)

C1Act extended by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 114(2)

C2Power to amend conferred by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 28(2)

C3Power to modify conferred (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 39(8); S.I. 1991/607, art.2(b)

C4By S.I. 1990/2639, art. 4 certain functions of the Secretary of State are made exercisable (1.4.1991) by the Health Education Board for Scotland

Act: extended (15.8.1997) by 1997 c. 46, s. 10(1); S.I. 1997/1780, art. 2(1), Sch.

Act: modified (15.8.1997) by 1997 c. 46, s. 10(2); S.I. 1997/1780, art. 2(1), Sch.

Act: power to restrict conferred (1.4.1998) by 1997 c. 46, s. 13(9), Sch. 1 para. 4(1)(b)(2)(3); S.I. 1998/631, art. 2(a), Sch. 1

Act: power to modify conferred (prosp.) by 1999 c. 8, ss. 61(3)(4), 67(1)

Act: certain functions of the Scottish Ministers made exercisable by the Health Technology Board for Scotland (1.4.2000) by virtue of S.S.I. 2000/47, art. 4

C5Act: certain functions transferred (31.3.2002) by S.S.I. 2002/103, art. 4(1)(a) (with art. 4(4))

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