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The Healthcare Improvement Scotland (Delegation of Functions) Order 2016

S.S.I. 2016/86 · Made 2 February 2016

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.

National Health Service

Public Health

Made 2nd February 2016

Laid before the Scottish Parliament 4th February 2016

Coming into force 1st April 2016

The Scottish Ministers make the following Order in exercise of the power conferred by section 10D(1) of the National Health Service (Scotland) Act 1978f1 and all powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

1978 c.29 (“the 1978 Act”). Section 10D was inserted by section 108 of the Public Services Reform (Scotland) Act 2010 (asp 8) (“the 2010 Act”).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Delegation of function
  3. 3Delegation of function
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Healthcare Improvement Scotland (Delegation of Functions) Order 2016 and comes into force on 1st April 2016.

(2)

In this Order, “HIS” means Healthcare Improvement Scotlandf1.

2Delegation of function

The function of giving a direction to Health Boards under section 2(5) of the National Health Service (Scotland) Act 1978, insofar as the direction relates to closing a hospital ward to new admissions, is delegated to HIS who may exercise that function where article 3 applies.

3Delegation of function

This article applies where—

(a)

the direction is necessary in exercise of the Health Board’s duties under sections 36 and 37 of the National Health Service (Scotland) Act 1978f1; and

(b)

HIS believes that, in the absence of such a direction, there is a serious risk to the life, health or wellbeing of persons.

Signature

SHONA ROBISON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

2nd February 2016

Explanatory note

(This note is not part of the Order)

This Order delegates functions to Healthcare Improvement Scotland (“HIS”). The Scottish Ministers have a power, in section 2(5) of the National Health Service (Scotland) Act 1978, to issue directions to Health Boards. That direction making power is delegated to HIS in certain circumstances (articles 2 and 3).