National Health Service (Scotland) Act 1978 in England
1978 c. 29 · Enacted 20 July 1978 · Extends to United Kingdom
Contents
- 1General duty of Secretary of State.
- 1ADuty of the Scottish Ministers to promote health improvement
- 2BDuty to encourage public involvement
- Community health partnerships
- National advisory bodies
- 5—6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Local advisory bodies
- Healthcare Improvement Scotland
- 10AHealthcare Improvement Scotland
- Principles
- 10BPrinciples
- Functions related to the health service
- 10CHealth service functions
- 10DHealth service functions: further provision
- Functions related to independent health care
- 10EIndependent health care functions
- Meaning of “ independent health care services ”
- 10GPower to modify definitions
- Standards and outcomes
- 10HStandards and outcomes
- Inspections
- 10KAuthorised persons
- 10LInspections: best regulatory practice
- 10MInspections at request of Scottish Ministers
- 10NInspections: reports
- 10ORegulations relating to inspections
- Registration
- 10PRegistration of independent health care services
- 10QGrant or refusal of registration
- Improvement notices
- 10RImprovement notices: independent health care services
- Proposals and applications in relation to registered independent health care services
- 10SCancellation of registration
- 10TEmergency cancellation of registration
- 10UCondition notices
- 10VEmergency condition notices
- 10WApplication of Act to condition notices following emergency condition notices
- 10XEmergency condition notices: appeals
- 10YApplications in respect of conditions
- 10ZFurther provision as respects notice of proposals
- 10Z1Right to make representations to HIS as respects proposals
- Notice of decision on application for registration
- 10Z2Notice of HIS's decisions
- Conditions as to numbers
- 10Z3Conditions as to numbers
- Appeal against decision to implement proposal
- 10Z4Appeal against decision to implement proposal
- Fees
- 10Z5Registration fees
- Regulations
- 10Z6Regulations: registers and registration
- 10Z7Regulations: independent health care services
- Complaints about independent health care services
- 10Z8Complaints about independent health care services
- Offences
- 10Z9Offences in relation to registration
- 10Z10False statements in applications
- 10Z11Offences by bodies corporate etc.
- Inquiries
- 10Z12Inquiries
- Arrangements to provide independent health care services: registration
- 10Z13Arrangements entered into by certain bodies: services to be registered
- Duty of certain bodies to be aware of reports, etc.
- 10Z14Local authorities and other bodies: awareness of HIS reports etc.
- Giving of notice
- 10Z15Giving of notice
- Scottish Health Council
- 10Z16Establishment of Scottish Health Council
- Miscellaneous
- 10Z17Transfer of staff
- 10Z18“ Provide ” in relation to independent health care services
- 10Z19Duty of HIS to consult the Mental Welfare Commission for Scotland
- 12CATransfer of staff among health service bodies.
- Staffing
- 12IADuty to ensure appropriate staffing
- 12IBDuty to ensure appropriate staffing: agency workers
- 12ICDuty to have real-time staffing assessment in place
- 12IDDuty to have risk escalation process in place
- 12IEDuty to have arrangements to address severe and recurrent risks
- 12IFDuty to seek clinical advice on staffing
- 12IGDuty to ensure appropriate staffing: number of registered healthcare professionals etc.
- 12IHDuty to ensure adequate time given to clinical leaders
- 12IIDuty to ensure appropriate staffing: training of staff
- 12IJDuty to follow common staffing method
- 12IKCommon staffing method: types of health care
- 12IMReporting on staffing
- 12INMinisterial guidance on staffing
- 12IOInterpretation of sections 12H to 12IN
- HIS functions in relation to staffing
- 12IPHIS: monitoring compliance with staffing duties
- 12IQHIS: monitoring and review of common staffing method
- 12IRHIS: monitoring and development of staffing tools
- 12ISHIS: duty to consider multi-disciplinary staffing tools
- 12ITHIS: duty on Health Boards to assist staffing functions
- 12IUHIS: power to require information
- 12IVHIS: ministerial guidance on staffing functions
- 12IWInterpretation of sections 12IP to 12IV
- 12JHealth Boards: co-operation with other Health Boards, Special Health Boards and the Agency
- 12KPower of Health Board to carry out other Health Board's functions
- 13B[ Joint Liaison Committees.
- 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 17CAPrimary medical services: persons with whom agreements can be made
- 17FLists of persons performing personal dental services Not yet in force
- 17GRight to choose dental practitioner.
- General medical services contracts
- 17JHealth Boards' power to enter into general medical services contracts
- 17KMandatory contract term: provision of prescribed primary medical services
- 17MPayments by Health Boards under general medical services contracts
- 17NOther mandatory contract terms
- 17OResolution of disputes and entry into NHS contracts
- 17PPersons performing primary medical services
- 17QAssistance and support
- Pharmaceutical care services contracts Not yet in force
- 17RMandatory contract term: provision of prescribed pharmaceutical care services Not yet in force
- 17SEligibility to be contractor under pharmaceutical care services contract Not yet in force
- 17TPayments by Health Boards under pharmaceutical care services contracts Not yet in force
- 17UOther mandatory contract terms: pharmaceutical care services contracts Not yet in force
- 17VResolution of disputes and entry into NHS contracts: pharmaceutical care services contracts Not yet in force
- Drug Tariff Not yet in force
- 17WDrug Tariff Not yet in force
- Persons performing pharmaceutical care services Not yet in force
- 17XPersons performing pharmaceutical care services Not yet in force
- Assistance and support: primary medical services and pharmaceutical care services Not yet in force
- 17YAssistance and support: primary medical services and pharmaceutical care services Not yet in force
- General Services
- General dental services
- General ophthalmic services
- Assistance and support: general dental services
- 28DAssistance and support: general dental services
- 32CSections 32A and 32B: procedure etc.
- 37Prevention of illness, care and after-care.
- 38Care of mothers and young children.
- 38ABreastfeeding
- 38BDetection of vision problems in children
- 41Family planning.
- 42Health education.
- 43Control of spread of infectious disease.
- 44Supplies of blood and other substances.
- 45Ambulances.
- 46Provision of vehicles for persons suffering from physical defect or disability.
- 46AProvision of communication equipment
- 47Educational and research facilities.
- 48Residential and practice accommodation.
- Part IV: Powers of the Secretary of State
- Control of maximum prices for medical supplies
- 50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 51, 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 54Restriction of powers under sections 44, 50 and 53.
- 55Hospital accommodation on part payment.
- 56Expenses payable by remuneratively employed resident patients.
- 57Accommodation and services for private patients.
- 58A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 59—63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 65—68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 72Charges in respect of services etc. provided under sections 37, 38 and 41.
- 75BAReimbursement of the cost of services provided in another EEA State where expenditure is incurred on or after 25 October 2013.
- 75BBPrior authorisation for the purposes of section 75BA
- 75BCRestriction on reimbursement after EU withdrawal
- 75CPrior authorisation Repealed
- 76Inquiries.
- 78Emergency powers.
- 78BRelationship of sections 77, 78 and 78A
- Part V: Property and Finance
- 80Transferred property free of trusts.
- 81Power of voluntary organisations to transfer property to Secretary of State.
- Fund-holding practices
- 87B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Indicative amounts
- 89Superannuation of officers of certain hospitals.
- 98Charges in respect of non-residents.
- 99Evasion of charges.
- 99ZARecovery of charges and payments.
- 99ZBSection 99ZB
- 99AHolidays for patients etc.
- 103Arbitration.
- 104Exemption from stamp duty.
- 104AExemption from stamp duty land tax
- Supplementary
- 107Local enactments.
- 109Transitional provisions and savings, consequential amendments and repeals.
- 110Citation, extent and commencement.
- Part I
- 1Paragraph 1
- 3AParagraph 3A
- 7Paragraph 7
- 7BParagraph 7B
- 7CParagraph 7C
- 8Paragraph 8
- Part II
- 10AParagraph 10A
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 18Paragraph 18
- 19Paragraph 19
- Health Board elections
- 1Paragraph 1
- Timing of Health Board elections
- 2Paragraph 2
- Electoral wards
- 3Paragraph 3
- Conduct of election
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Candidates
- 8Paragraph 8
- Franchise
- 9Paragraph 9
- Election expenses
- 10Paragraph 10
- Vacancies
- 11Paragraph 11
- Election regulations
- 12Paragraph 12
- Paragraph
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7AParagraph 7A
- 8BParagraph 8B
- 9Paragraph 9
- 12Paragraph 12
- Status
- 1Paragraph 1
- Membership of HIS
- 2Paragraph 2
- Terms of appointment etc.
- 3Paragraph 3
- Removal of members
- 4Paragraph 4
- Disqualification from membership
- 5Paragraph 5
- Remuneration and allowances for members
- 6Paragraph 6
- Chief executive and other employees
- 7Paragraph 7
- Medical reviewers
- 7AParagraph 7A
- Committees
- 8Paragraph 8
- Procedure and meetings
- 9Paragraph 9
- General powers
- 10Paragraph 10
- Delegation of functions
- Location of office
- 12Paragraph 12
- Accounts
- 13Paragraph 13
- Reports
- 14Paragraph 14
- 2Paragraph 2
- 3Paragraph 3
- 3AParagraph 3A
- 3BParagraph 3B
- 3CParagraph 3C
- 3DParagraph 3D
- 3EParagraph 3E
- 3FParagraph 3F
- 3GParagraph 3G
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7 Repealed
- Part I: Orders Establishing NHS Trusts Etc.
- 1Paragraph 1
- 2Paragraph 2
- 4Paragraph 4
- 5Paragraph 5
- Part II: Duties, Powers and Status of NHS Trusts
- Specific duties
- 8Paragraph 8
- Specific powers
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- General powers
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Status
- 21Paragraph 21
- Part III: Supplementary Provisions
- Reimbursement for health services work carried out otherwise than under contract
- Use and development of land used for religious purposes and burial grounds
- 24Paragraph 24
- Part IV: Dissolution
- 25Paragraph 25
- 27Paragraph 27
- 28Paragraph 28
- Borrowing
- Guarantees of borrowing
- 2Paragraph 2
- Surplus funds
- 2AParagraph 2A
- 2BParagraph 2B
- Limits on indebtedness
- Additional public dividend capital
- Surplus funds
- 8Paragraph 8
- 7Paragraph 7
- Prohibition, and certificate of Practices Committee
- Certain transactions deemed sale of goodwill
- Carried-over goodwill
- Schedule 10: Additional Provisions as to the Control of Maximum Prices for Medical Supplies Repealed
- Territorial extent Repealed
- 3Paragraph 3 Repealed
- 9Paragraph 9 Repealed
- Regulations under section 69—charges for drugs, medicines or appliances, or pharmaceutical services
- Regulations under section 70—charges for dental or optical appliances
- Regulations under section 71—charges for dental treatment
- Miscellaneous Provisions
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- General
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Section 37 of the National Health Service (Scotland) Act 1947
- 4Paragraph 4
- Persons authorised to provide pharmaceutical services
- 5Paragraph 5
- Disqualification of practitioners
- Section 4 of the Health Services and Public Health Act 1968
- 7Paragraph 7
- Compensation of officers
- 8Paragraph 8
- Vehicles under section 33 of the Health Services and Public Health Act 1968
- 9Paragraph 9
- Saving of amendments
- Transfer of property of voluntary organisations
- 11Paragraph 11
- Investigations by the Health Service Commissioner for Scotland
- Permission deemed to have been granted under section 9(5) of the Health Services Act 1976
- 13Paragraph 13
- Borrowing from the Hospital Trust by Boards of Management and Regional Hospital Boards
- 14Paragraph 14
- Health functions of local authorities
- 15Paragraph 15
- The Polish Resettlement Act 1947
- 1Paragraph 1
- The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947
- 2Paragraph 2
- The National Assistance Act 1948
- The Law Reform (Personal Injuries) Act 1948
- 4Paragraph 4
- The Children Act 1948
- 5Paragraph 5
- The Nurseries and Child Minders Regulation Act 1948
- The Nurses (Scotland) Act 1951
- The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12, 13Paragraph 12, 13 Repealed
- The Public Bodies (Admission to Meetings) Act 1960
- 14Paragraph 14
- 15—18Paragraph 15—18 Repealed
- 19Paragraph 19 Repealed
- The Redundancy Payments Act 1965
- 20Paragraph 20
- The National Health Service 1966
- 21Paragraph 21 Repealed
- 23Paragraph 23
- The Superannuation (Miscellaneous Provisions) Act 1967
- 24Paragraph 24
- 25Paragraph 25 Repealed
- The Health Services and Public Health Act 1968
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- The Social Work (Scotland) Act 1968
- 29Paragraph 29
- The Medicines Act 1968
- 30Paragraph 30
- 31Paragraph 31
- The Post Office Act 1969
- The Chronically Sick and Disabled Persons Act 1970
- 33Paragraph 33
- 34Paragraph 34 Repealed
- The Tribunals and Inquiries Act 1971
- The Finance Act 1971
- 36Paragraph 36
- 37Paragraph 37 Repealed
- The Local Goverment (Scotland) Act 1973
- 38Paragraph 38
- The Trade Union and Labour Relations Act 1974
- The Social Security Act 1975
- The Criminal Procedure (Scotland) Act 1975
- The House of Commons Disqualification Act 1975
- 42Paragraph 42
- 43Paragraph 43 Repealed
- 44Paragraph 44 Repealed
- The Patents Act 1977
- 45Paragraph 45