Office of Public Sector Information
(1) After section 1 of the 1978 Act insert—
(1) It is the duty of the Scottish Ministers to promote the improvement of the physical and mental health of the people of Scotland.
(2) The Scottish Ministers may do anything which they consider is likely to assist in discharging that duty including, in particular—
(a) giving financial assistance to any person,
(b) entering into arrangements or agreements with any person,
(c) co-operating with, or facilitating or co-ordinating the activities of, any person.
(3) Subsections (1) and (2) are without prejudice to section 1 and any other provision of this Act conferring or imposing functions on the Scottish Ministers.”
(2) After section 2 of that Act insert—
(1) It is the duty of every Health Board and Special Health Board and of the Agency to promote the improvement of the physical and mental health of the people of Scotland.
(2) A Health Board, a Special Health Board or the Agency may do anything which they consider is likely to assist in discharging that duty including, in particular—
(a) giving financial assistance to any person,
(b) entering into arrangements or agreements with any person,
(c) co-operating with, or facilitating or co-ordinating the activities of, any person.
(3) Subsections (1) and (2) are without prejudice to any other provision of this Act conferring or imposing functions on a Health Board, a Special Health Board or the Agency.
(4) Anything done by a Health Board or Special Health Board in pursuance of subsection (1) or (2) is to be regarded as done in exercise of functions of the Scottish Ministers conferred on—
(a) the Health Board by the order under section 2(1)(a) which constituted the Board, or
(b) the Special Health Board by the order under section 2(1)(b) which constituted the Board,
as the case may be.”
(1) The Scottish Ministers may by order made by statutory instrument make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes, or in consequence, of this Act.
(2) An order under this section may—
(a) make different provision for different purposes,
(b) modify any enactment, instrument or document.
(3) A statutory instrument containing an order under this section (except where subsection (4) applies) is subject to annulment in pursuance of a resolution of the Parliament.
(4) No order under this section containing provisions which add to, replace or omit any part of the text of an Act is to be made unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, the Parliament.
(1) Schedule 1 contains minor amendments and amendments consequential on the provisions of this Act.
(2) The enactments specified in column 1 of schedule 2 are repealed to the extent specified in column 2.
(1) The provisions of this Act, except section 10 and this section, come into force on such day as the Scottish Ministers may by order made by statutory instrument appoint.
(2) Different days may be appointed under this section for different purposes.
(3) This Act may be cited as the National Health Service Reform (Scotland) Act 2004.
(introduced by section 11)
1 (1) The 1978 Act is amended as follows.
(2) In section 2 (constitution of Health Boards and Special Health Boards)—
(a) in subsection (1)(a), after “shall”, where it second occurs, insert “, without prejudice to subsection (1B),”,
(b) in subsection (1B), for “(1)(b)” substitute “(1)”.
(3) In section 2C(4) (co-operation in discharging of functions to provide primary medical services), for “section” substitute “sections 12J and”.
(4) In section 12H(1) (duty of quality), for “, Special Health Board and NHS trust” substitute “and Special Health Board”.
(5) In section 75A (remission and repayment of charges and payment of travelling expenses), in subsection (2), for “, (c) or (d)” substitute “or (c)”.
(6) In section 79 (acquisition, use and disposal of land and moveable property), after subsection (2) insert—
“(2A) For the avoidance of doubt, the power to use heritable property conferred by subsection (1), and the power to dispose of land conferred by subsection (1A), include power to let the property or, as the case may be, land.”
(7) In section 86 (accounts), in each of subsections (3) and (4), for “to (c)” substitute “and (b)”.
(8) In section 102 (State hospitals), in subsection (4)(b), for “, the Agency or an NHS trust” substitute “or the Agency” and for “, Agency or trust” substitute “or Agency”.
(9) In section 105 (orders, regulations and directions), in subsection (4)(b), for the words from “12A(1)” to the end substitute “or 70(2)”.
(10) In Schedule 1 (Health Boards), in paragraph 8A, for “, the Agency or an NHS trust” substitute “or the Agency”.
(11) In Schedule 5 (Common Services Agency), in paragraph 8A, for “, a Health Board or an NHS trust” substitute “or a Health Board”.
2 In section 1 (power of NHS trusts to enter into agreements) of the National Health Service (Private Finance) Act 1997 (c. 56)—
(a) in subsection (1), for “National Health Service trust” substitute “Health Board, a Special Health Board and the Common Services Agency for the Scottish Health Service (“the Agency”) to enter into contracts”,
(b) in each of subsections (3)(a) and (5), for “trust” substitute “Board or, as the case may be, the Agency”,
(c) in each of subsections (4) and (6), for “National Health Service trust” substitute “Health Board, a Special Health Board or the Agency”.
3 In section 77(1) (interpretation) of the Regulation of Care (Scotland) Act 2001, for the definition of “health body” substitute—
““health body” means a Health Board or Special Health Board constituted by order under section 2 of the National Health Service (Scotland) Act 1978 (c. 29);”
4 (1) The Public Appointments and Public Bodies etc. (Scotland) Act 2003 is amended as follows.
(2) In section 7 (investment and borrowing), in subsection (7), for “to (6)” substitute “or (4)”.
(3) In section 9 (directions in relation to endowments), for the words “, and paragraph 6(1) of Schedule 7A to, the 1978 Act (which confer” substitute “the 1978 Act (which confers”.
National Health Service Reform (Scotland) Act 2004