Section 5 Application of duties to certain Special Health Boards

I1 I2(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—

I3(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 ”.

I4(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 ”.

I5 I6(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 F112IA, 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 ”.

I7(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 ”.

I8 I9(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—

I10(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 ”.

I11(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 ”.

I12 I13(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—

I14(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 ”.

I15(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 ”.

Annotations

Textual amendments

F1: Words in s. 5(5)(c) substituted (12.5.2023) by The Health and Care (Staffing) (Scotland) Act 2019 Amendment Regulations 2023 (S.S.I. 2023/127), regs. 1, 3(3)

Commencement

I1: S. 5(1)(2)(a)(xi)(b) in force at 15.5.2023 for specified purposes by S.S.I. 2023/131, reg. 2, sch.
I2: S. 5(1)(2)(a)(xi)(b) in force at 1.4.2024 in so far as not already in force by S.S.I. 2024/20, reg. 2(2)
I3: S. 5(2)(a)(i)-(x) in force at 1.4.2024 by S.S.I. 2024/20, reg. 2(2)
I4: S. 5(3) in force at 1.4.2024 by S.S.I. 2024/20, reg. 2(2)
I5: S. 5(4)(5)(a)(ix)(b) in force at 15.5.2023 for specified purposes by S.S.I. 2023/131, reg. 2, sch.
I6: S. 5(4)(5)(a)(ix)(b) in force at 1.4.2024 in so far as not already in force by S.S.I. 2024/20, reg. 2(2)
I7: S. 5(6) in force at 1.4.2024 by S.S.I. 2024/20, reg. 2(2)
I8: S. 5(7)(8)(a)(xi)(b) in force at 15.5.2023 for specified purposes by S.S.I. 2023/131, reg. 2, sch.
I9: S. 5(7)(8)(a)(xi)(b) in force at 1.4.2024 in so far as not already in force by S.S.I. 2024/20, reg. 2(2)
I10: S. 5(8)(a)(i)-(x) in force at 1.4.2024 by S.S.I. 2024/20, reg. 2(2)
I11: S. 5(9) in force at 1.4.2024 by S.S.I. 2024/20, reg. 2(2)
I12: S. 5(10)(11)(a)(xi)(b) in force at 15.5.2023 for specified purposes by S.S.I. 2023/131, reg. 2, sch.
I13: S. 5(10)(11)(a)(xi)(b) in force at 1.4.2024 in so far as not already in force by S.S.I. 2024/20, reg. 2(2)
I14: S. 5(11)(a)(i)-(x) in force at 1.4.2024 by S.S.I. 2024/20, reg. 2(2)
I15: S. 5(12) in force at 1.4.2024 by S.S.I. 2024/20, reg. 2(2)