# Health and Care (Staffing) (Scotland) Act 2019, Section 5: Application of duties to certain Special Health Boards


(1) The State Hospitals Board for Scotland Order 1995 (S.I. 1995/574) is amended in accordance with subsections (2) and (3).
(2) In Part I of the schedule—
(a) in column 1—
(i) after the entry relating to section 10(4) of the National Health Service (Scotland) Act 1978, insert “ Section 12IA ”,
(ii) after the entry inserted by sub-paragraph (i), insert “ Section 12IC ”,
(iii) after the entry inserted by sub-paragraph (ii), insert “ Section 12ID ”,
(iv) after the entry inserted by sub-paragraph (iii), insert “ Section 12IE ”,
(v) after the entry inserted by sub-paragraph (iv), insert “ Section 12IF ”,
(vi) after the entry inserted by sub-paragraph (v), insert “ Section 12IH ”,
(vii) after the entry inserted by sub-paragraph (vi), insert “ Section 12II ”,
(viii) after the entry inserted by sub-paragraph (vii), insert “ Section 12IJ ”,
(ix) after the entry inserted by sub-paragraph (viii) , insert “ Section 12IL ”,
(x) after the entry inserted by sub-paragraph (ix), insert “ Section 12IM ”, and
(xi) after the entry inserted by sub-paragraph (x), insert “ Section 12IN ”, and
(b) in column 2—
(i) in the place corresponding to the entry inserted by paragraph (a)(i), insert “ Duty to ensure appropriate staffing ”,
(ii) in the place corresponding to the entry inserted by paragraph (a)(ii), insert “ Duty to have real-time staffing assessment in place ”,
(iii) in the place corresponding to the entry inserted by paragraph (a)(iii), insert “ Duty to have risk escalation process in place ”,
(iv) in the place corresponding to the entry inserted by paragraph (a)(iv), insert “ Duty to have arrangements to address severe and recurrent risks ”,
(v) in the place corresponding to the entry inserted by paragraph (a)(v), insert “ Duty to seek clinical advice on staffing ”,
(vi) in the place corresponding to the entry inserted by paragraph (a)(vi), insert “ Duty to ensure adequate time given to clinical leaders ”,
(vii) in the place corresponding to the entry inserted by paragraph (a)(vii), insert “ Duty to ensure appropriate staffing: training of staff ”,
(viii) in the place corresponding to the entry inserted by paragraph (a)(viii), insert “ Duty to follow common staffing method ”,
(ix) in the place corresponding to the entry inserted by paragraph (a)(ix), insert “ Duties of training and consultation of staff ”,
(x) in the place corresponding to the entry inserted by paragraph (a)(x), insert “ Duty of reporting on staffing ”, and
(xi) in the place corresponding to the entry inserted by paragraph (a)(xi), insert “ Duty to have regard to Ministerial guidance on staffing ”.
(3) In Part II of the schedule—
(a) in column 1, at the end, insert “ Section 2 of the Health and Care (Staffing) (Scotland) Act 2019 ”, and
(b) in column 2, in the place corresponding to the entry inserted by paragraph (a), insert “ Duties to have regard to guiding principles etc. in health care staffing and planning ”.
(4) The Scottish Ambulance Service Board Order 1999 (S.I. 1999/686) is amended in accordance with subsections (5) and (6).
(5) In Part I of the schedule—
(a) in column 1—
(i) after the entry relating to section 10(4) of the National Health Service (Scotland) Act 1978, insert “ Section 12IA ”,
(ii) after the entry inserted by sub-paragraph (i), insert “ Section 12IC ”,
(iii) after the entry inserted by sub-paragraph (ii), insert “ Section 12ID ”,
(iv) after the entry inserted by sub-paragraph (iii), insert “ Section 12IE ”,
(v) after the entry inserted by sub-paragraph (iv), insert “ Section 12IF ”,
(vi) after the entry inserted by sub-paragraph (v), insert “ Section 12IH ”,
(vii) after the entry inserted by sub-paragraph (vi), insert “ Section 12II ”,
(viii) after the entry inserted by sub-paragraph (vii), insert “ Section 12IM ”, and
(ix) after the entry inserted by sub-paragraph (viii), insert “ Section 12IN ”,
(b) in column 2—
(i) in the place corresponding to the entry inserted by paragraph (a)(i), insert “ Duty to ensure appropriate staffing ”,
(ii) in the place corresponding to the entry inserted by paragraph (a)(ii), insert “ Duty to have real-time staffing assessment in place ”,
(iii) in the place corresponding to the entry inserted by paragraph (a)(iii), insert “ Duty to have risk escalation process in place ”,
(iv) in the place corresponding to the entry inserted by paragraph (a)(iv), insert “ Duty to have arrangements to address severe and recurrent risks ”,
(v) in the place corresponding to the entry inserted by paragraph (a)(v), insert “ Duty to seek clinical advice on staffing ”,
(vi) in the place corresponding to the entry inserted by paragraph (a)(vi), insert “ Duty to ensure adequate time given to clinical leaders ”,
(vii) in the place corresponding to the entry inserted by paragraph (a)(vii), insert “ Duty to ensure appropriate staffing: training of staff ”,
(viii) in the place corresponding to the entry inserted by paragraph (a)(viii), insert “ Duty of reporting on staffing ”, and
(ix) in the place corresponding to the entry inserted by paragraph (a)(ix), insert “ Duty to have regard to Ministerial guidance on staffing ”, and
(c) in column 3—
(i) in the place corresponding to the entry inserted by paragraph (a)(viii), insert “ Applied in so far as it relates to sections 12IA, 12IC, 12ID, 12IE, 12IF, 12IH and 12II of the Act and section 2 of the Health and Care (Staffing) (Scotland) Act 2019 ”, and
(ii) in the place corresponding to the entry inserted by paragraph (a)(ix), insert “ Applied in so far as it relates to sections 12IA, 12IC, 12ID, 12IE, 12IF, 12IH and 12II of the Act and section 2 of the Health and Care (Staffing) (Scotland) Act 2019 ”.
(6) In Part II of the schedule—
(a) in column 1, at the end, insert “ Section 2 of the Health and Care (Staffing) (Scotland) Act 2019 ”, and
(b) in column 2, in the place corresponding to the entry inserted by paragraph (a), insert “ Duties to have regard to guiding principles etc. in health care staffing and planning ”.
(7) The NHS 24 (Scotland) Order 2001 (S.S.I. 2001/137) is amended in accordance with subsections (8) and (9).
(8) In Part I of the schedule—
(a) in column 1—
(i) after the entry relating to section 10(4) of the National Health Service (Scotland) Act 1978, insert “ Section 12IA ”,
(ii) after the entry inserted by sub-paragraph (i), insert “ Section 12IC ”,
(iii) after the entry inserted by sub-paragraph (ii), insert “ Section 12ID ”,
(iv) after the entry inserted by sub-paragraph (iii), insert “ Section 12IE ”,
(v) after the entry inserted by sub-paragraph (iv), insert “ Section 12IF ”,
(vi) after the entry inserted by sub-paragraph (v), insert “ Section 12IH ”,
(vii) after the entry inserted by sub-paragraph (vi), insert “ Section 12II ”,
(viii) after the entry inserted by sub-paragraph (vii), insert “ Section 12IJ ”,
(ix) after the entry inserted by sub-paragraph (viii), insert “ Section 12IL ”,
(x) after the entry inserted by sub-paragraph (ix), insert “ Section 12IM ”, and
(xi) after the entry inserted by sub-paragraph (x), insert “ Section 12IN ”, and
(b) in column 2—
(i) in the place corresponding to the entry inserted by paragraph (a)(i), insert “ Duty to ensure appropriate staffing ”,
(ii) in the place corresponding to the entry inserted by paragraph (a)(ii), insert “ Duty to have real-time staffing assessment in place ”,
(iii) in the place corresponding to the entry inserted by paragraph (a)(iii), insert “ Duty to have risk escalation process in place ”,
(iv) in the place corresponding to the entry inserted by paragraph (a)(iv), insert “ Duty to have arrangements to address severe and recurrent risks ”,
(v) in the place corresponding to the entry inserted by paragraph (a)(v), insert “ Duty to seek clinical advice on staffing ”,
(vi) in the place corresponding to the entry inserted by paragraph (a)(vi), insert “ Duty to ensure adequate time given to clinical leaders ”,
(vii) in the place corresponding to the entry inserted by paragraph (a)(vii), insert “ Duty to ensure appropriate staffing: training of staff ”,
(viii) in the place corresponding to the entry inserted by paragraph (a)(viii), insert “ Duty to follow common staffing method ”,
(ix) in the place corresponding to the entry inserted by paragraph (a)(ix), insert “ Duties of training and consultation of staff ”,
(x) in the place corresponding to the entry inserted by paragraph (a)(x), insert “ Duty of reporting on staffing ”, and
(xi) in the place corresponding to the entry inserted by paragraph (a)(xi), insert “ Duty to have regard to Ministerial guidance on staffing ”.
(9) In Part II of the schedule—
(a) in column 1, at the end, insert “ Section 2 of the Health and Care (Staffing) (Scotland) Act 2019 ”, and
(b) in column 2, in the place corresponding to the entry inserted by paragraph (a), insert “ Duties to have regard to guiding principles etc. in health care staffing and planning ”.
(10) The National Waiting Times Centre Board (Scotland) Order 2002 (S.S.I. 2002/305) is amended in accordance with subsections (11) and (12).
(11) In Part I of the schedule—
(a) in column 1—
(i) after the entry relating to section 10(4) of the National Health Service (Scotland) Act 1978, insert “ Section 12IA ”,
(ii) after the entry inserted by sub-paragraph (i), insert “ Section 12IC ”,
(iii) after the entry inserted by sub-paragraph (ii), insert “ Section 12ID ”,
(iv) after the entry inserted by sub-paragraph (iii), insert “ Section 12IE ”,
(v) after the entry inserted by sub-paragraph (iv), insert “ Section 12IF ”,
(vi) after the entry inserted by sub-paragraph (v), insert “ Section 12IH ”,
(vii) after the entry inserted by sub-paragraph (vi), insert “ Section 12II ”,
(viii) after the entry inserted by sub-paragraph (vii), insert “ Section 12IJ ”,
(ix) after the entry inserted by sub-paragraph (viii), insert “ Section 12IL ”,
(x) after the entry inserted by sub-paragraph (ix), insert “ Section 12IM ”, and
(xi) after the entry inserted by sub-paragraph (x), insert “ Section 12IN ”, and
(b) in column 2—
(i) in the place corresponding to the entry inserted by paragraph (a)(i), insert “ Duty to ensure appropriate staffing ”,
(ii) in the place corresponding to the entry inserted by paragraph (a)(ii), insert “ Duty to have real-time staffing assessment in place ”,
(iii) in the place corresponding to the entry inserted by paragraph (a)(iii), insert “ Duty to have risk escalation process in place ”,
(iv) in the place corresponding to the entry inserted by paragraph (a)(iv), insert “ Duty to have arrangements to address severe and recurrent risks ”,
(v) in the place corresponding to the entry inserted by paragraph (a)(v), insert “ Duty to seek clinical advice on staffing ”,
(vi) in the place corresponding to the entry inserted by paragraph (a)(vi), insert “ Duty to ensure adequate time given to clinical leaders ”,
(vii) in the place corresponding to the entry inserted by paragraph (a)(vii), insert “ Duty to ensure appropriate staffing: training of staff ”,
(viii) in the place corresponding to the entry inserted by paragraph (a)(viii), insert “ Duty to follow common staffing method ”,
(ix) in the place corresponding to the entry inserted by paragraph (a)(ix), insert “ Duties of training and consultation of staff ”,
(x) in the place corresponding to the entry inserted by paragraph (a)(x), insert “ Duty of reporting on staffing ”, and
(xi) in the place corresponding to the entry inserted by paragraph (a)(xi), insert “ Duty to have regard to Ministerial guidance on staffing ”.
(12) In Part II of the schedule—
(a) in column 1, at the end, insert “ Section 2 of the Health and Care (Staffing) (Scotland) Act 2019 ”, and
(b) in column 2, in the place corresponding to the entry inserted by paragraph (a), insert “ Duties to have regard to guiding principles etc. in health care staffing and planning ”.

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Source: https://www.legislation.gov.uk/asp/2019/6/section/5 (the official version)
Page: https://openlegislation.uk/health-and-care-staffing-scotland-act-2019/section-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.