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The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2010

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2010, ISBN 9780111007327

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 18(4) and (5) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003, for approval by resolution of the Scottish Parliament.

Public Bodies

Made 2010

Coming into force in accordance with article 1

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 3(2)(a) and 19 of the Public Appointments and Public Bodies etc. (Scotland) Act 2003f1 and all other powers enabling them to do so.

In accordance with section 18(4) and (5) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2003 asp 4.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the list of specified authorities
  3. 3Amendment to the Health Boards (Membership and Elections) (Scotland) Act 2009
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2010 and comes into force on the day after the day on which it is made.

2Amendment of the list of specified authorities

(1)

Schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (the specified authorities)f1 is amended in accordance with the following paragraphs.

(2)

In the list headed “National Health Service bodies”, after “Common Services Agency for the Scottish Health Service” insert—

“, but Part 1 does not apply in relation to the appointment of a member by the Scottish Ministers made under Schedule 5 to the National Health Service (Scotland) Act 1978f2 by virtue of the member being—

(a)

employed as an officer of the Common Services Agency for the Scottish Health Service,

(b)

a member of a body set up by the Common Services Agency for the Scottish Health Service which represents health care professionals, or

(c)

a member of a body set up by the Common Services Agency for the Scottish Health Service which represents Common Services Agency for the Scottish Health Service employees.”.

(3)

In the list headed “National Health Service Bodies”, after “any Health Board” insert—

“, but Part 1 does not apply in relation to appointments made under Schedule 1 to the National Health Service (Scotland) Act 1978f3 of the following persons to a Health Board—

(a)

councillors appointed by the Scottish Ministers following nomination by local authorities in the area of the Health Board;

(b)

a member appointed by the Scottish Ministers by virtue of the member—

(i)

holding a post in a university with a medical or dental school,

(ii)

being employed as an officer of the Health Board,

(iii)

being a member of a body set up by a Health Board which represents health care professionals working in the Health Board area,

(iv)

being a member of a body set up by a Health Board which represents Health Board employees, or

(v)

being a member of a community health partnership established by virtue of section 4A of the National Health Service (Scotland) Act 1978f4.”.

(4)

In the list headed “National Health Service bodies”, after “any Special Health Board” insert—

“, but Part 1 does not apply in relation to the appointment of a member by the Scottish Ministers made under Schedule 1 to the National Health Service (Scotland) Act 1978, as applied to each Special Health Boardf5 by virtue of the member being—

(i)

employed as an officer of the Special Health Board,

(ii)

a member of a body set up by a Special Health Board which represents health care professionals, or

(iii)

a member of a body set up by a Special Health Board which represents Special Health Board employees.”.

3Amendment to the Health Boards (Membership and Elections) (Scotland) Act 2009

Paragraph 2 (the Public Bodies and Public Appointments etc. (Scotland) Act 2003) of the schedule to the Health Boards (Membership and Elections) (Scotland) Act 2009f1 is repealed.

Signature

   

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

Date

Explanatory note

(This note is not part of the Order)

This Order amends schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (“the Act”), which lists the specified authorities to which the code of practice published by the Commissioner for Public Appointments in Scotland applies.

Article 2(2) provides that appointments made by Scottish Ministers to the Common Services Agency for the Scottish Health Service by virtue of the member holding a certain office or being a member of certain bodies are not subject to the code of practice.

Article 2(3) provides that appointments made by Scottish Ministers to Health Boards by virtue of nomination by a local authority or by virtue of the member holding a certain office or being a member of certain bodies are not subject to the code of practice.

Article 2(4) provides that appointments made by Scottish Ministers to Special Health Boards by virtue of the member holding a certain office or being a member of certain bodies are not subject to the code of practice.

Article 3 makes a consequential repeal of paragraph 2 of the schedule to the Health Boards (Membership and Elections) (Scotland) Act 2009 which is superseded by these Regulations.