{
  "url": "https://openlegislation.uk/public-health-scotland-order-2019/schedule-1/part-1",
  "json_url": "https://openlegislation.uk/public-health-scotland-order-2019/schedule-1/part-1.json",
  "legislation": "ssi/2019/336",
  "legislation_title": "The Public Health Scotland Order 2019",
  "legislation_url": "https://openlegislation.uk/public-health-scotland-order-2019",
  "path": "schedule/1/part/1",
  "kind": "part",
  "number": "1",
  "heading": "The Act",
  "text": "Column 1\nColumn 2\nColumn 3\nEnactment\nNature of Provision\nModifications and Limitations (where applicable)\nIn the Act—\nIn part 1—\nOrganisation\nIn section 2—\nHealth Boards\nSubsection (3)\nVariation of area of Health Board\nSubsection (4)\nProvision incidental to variation of area of Health Board\nSubsection (5)\nHealth Boards to act in accordance with regulations or directions\nSubsection (8)\nHealth Board to act as principal\nIn section 10—\nCommon Services Agency\nSubsection (4)\nPower to provide that functions of Health Boards may be referred to the Agency\nSection 12J\nCo-operation with other Health Boards, Special Health Boards and the Agency\nIn subsection (1) for “one another” substitute “Health Boards”.\nIn subsection (2)(a) for “another” substitute “a”.\nOmit “other”.\nIn subsection (2)(b) omit “other”.\nIn subsection (3)(a) for “another” substitute “a”.\nSection 12K\nPower of Health Board to carry out other Health Board’s functions\nFor “another” substitute “a”.\nAfter “Health Board” insert “or Special Health Board” each time it appears.\nSection 13\nCo-operation between Health Boards and other Authorities\nAfter “integration joint boards” insert “, Health Boards”.\nSection 13A\nCo-operation in planning of services for disabled persons, the elderly and others\nAfter “(including HIS” insert “and Health Boards”.\nIn section 15—\nSupply of goods and services to local authorities, etc.\nSubsection (1)(b)\nSupply etc. of equipment, goods or materials to local and education authorities, government departments and other public bodies\nSubsection (1)(c)\nProvision of services to local and education authorities\nSubsection (1)(d)\nUse of health service premises by local and education authorities\nSubsection (1)(e)\nUse of health service vehicles etc. by local and education authorities\nSubsection (2)\nArrangements with third parties for the supply of equipment, goods and materials\nFor “paragraphs (a) and” substitute “paragraph”.\nOmit “(including paragraph (a)” to “subsection (1A))”.\nSection 16A\nPower to make payments towards expenditure on community services\nIn part IV—\nPowers of the Scottish Ministers\nSection 77\nDefault powers\nSection 78B\nRelationship of sections 77, 78 and 78A\nIn part V—\nProperty and Finance\nIn section 79—\nPurchase of land and moveable property\nSubsection (3)\nPower to acquire moveable property on behalf of the Scottish Ministers\nIn section 83—\nPower of Health Boards and local health councils to hold property on trust\nSubsection (1)\nPower to hold property on trust\nSubsection (1A)\nPower to hold property on trust\nSection 84\nPower of trustees to make payments to Health Boards\nSection 84A\nPower to raise money and property by appeals, collections and other similar activities\nSection 84B\nJoint ventures\nSection 85AA\nMeans of meeting expenditure of health boards out of public funds\nIn section 85A\nFinancial duties of bodies referred to in section 85\nSubsection (4)\nDisregard for the purposes of the section of certain trust funds\nSection 86\nProvision in relation to the keeping and auditing of accounts and their submission to the Scottish Ministers\nSection 87\nPower to make regulations as to financial arrangements of health service bodies\nIn schedule 1–\nHealth Boards\nParagraph 1\nHealth Boards to be bodies corporate and have a common seal\nIn paragraph 2\nAppointment of Chairman and members\nSub-paragraph (1)\nHealth Boards to consist of certain types of members\nIn sub-paragraph 1(b), omit “following nomination” to the end.\nParagraph 3A\nChairman may not be an employee of that Health Board\nParagraph 4\nPayment of remuneration to the Chairman and such members of Health Boards as may be prescribed\nParagraph 5\nEmployment of officers and servants\nParagraph 5A\nProvision concerning regulations and directions made under paragraph 5 above\nParagraph 6\nPower to make regulations as to method of appointment, qualifications, remuneration and conditions of service of officers and servants\nParagraph 7\nOfficers and servants employed in accordance with regulations and directions\nParagraph 7A\nPower to make regulations providing for transfer of officers and servants\nIn sub-paragraph (a) for “another” substitute “a”. After sub-paragraph (a), insert “(aa) another Special Health Board;”.\nParagraph 7B\nDirections to Health Boards to place officers or servants at disposal of other bodies\nParagraph 11\nPower to make regulations as to appointments, committees and procedure\nParagraph 11A\nSubscription to funds of other bodies\nParagraph 12\nProceedings not to be invalidated by vacancies\nParagraph 13\nPayment to members of a Health Board and its committees and sub-committees of travelling and other allowances, including compensation for loss of remunerative time\nOmit “, including compensation for loss of remunerative time,”.\nParagraph 14\nAllowances not payable except in circumstances determined by the Scottish Ministers\nParagraph 15\nTime and method of payment of allowances\nIn schedule 5—\nThe Agency\nParagraph 7B\nPower to make regulations providing for the transfer of officers and servants\nParagraph 7C\nPower to make directions as to placing of staff with other bodies",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 1 Pt. 1 in force at 7.12.2019, see art. 1(2)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 2(5) was amended by the National Health Service and Community Care Act 1990 (c.19), section 66(1) and schedule 9, paragraph 19(1)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 10(4) was amended by the National Health Service and Community Care Act 1990 (c.19), section 66(2) and schedule 10, paragraph 1 and the Health Act 1999 (c.8), schedule 4, paragraph 44."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Section 12J was inserted by the National Health Service Reform (Scotland) Act 2004 (asp 7), section 5."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Section 12K was inserted by the Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), section 67."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Section 13 was amended by the National Health Service and Community Care Act 1990 (c.19), section 66(1) and schedule 9, paragraph 19(4), the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 5 and S.S.I. 2015/157."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Section 13A was inserted by the National Health Service (Amendment) Act 1986 (c. 66), section 5(1) and amended by the National Health Service and Community Care Act 1990 (c. 19), section 66, schedule 9, paragraph 19(5) and schedule 10, paragraph 1 and the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 6."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Section 15(1)(c) was amended by the Health Services Act 1980 (c.53), section 3(2) and the Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), section 63(3)(a)(i)."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Section 15(1)(e) was amended by the Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), section 63(3)(a)(ii)."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "Section 15(2) was amended by the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 7(b) and the Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), section 63(3)(c)."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "Section 16A was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), section 2, the Housing (Consequential Provisions) Act 1985 (c.71), section 4(1) and schedule 23, paragraph 41, the Local Government etc. (Scotland) Act 1994 (c.39), schedule 13, paragraph 112(2) and schedule 14, the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), schedule 3, paragraph 2 and S.I 1996/974."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "Section 77 was amended by the National Health Service and Community Care Act 1990 (c.19), section 66(1) and schedule 9, paragraph 19(14), the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), schedule 4, paragraph 5(11), the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), section 3 and the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 9."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "Section 78B was inserted by the National Health Service Reform (Scotland) Act 2004 (asp 7), section 6."
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "Section 79(3) was amended by the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 11."
    },
    {
      "type": "footnote",
      "label": "f14",
      "text": "Section 83(1) was amended by the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 12(a)."
    },
    {
      "type": "footnote",
      "label": "f15",
      "text": "Section 83(1A) was inserted by the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), section 10(3)."
    },
    {
      "type": "footnote",
      "label": "f16",
      "text": "Section 84 was amended by the National Health Service and Community Care Act 1990 (c.19), section 66(1) and schedule 9, paragraph 19(16) and the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 13."
    },
    {
      "type": "footnote",
      "label": "f17",
      "text": "Section 84A was inserted by the Health Services Act 1980 (c.53), section 5(2) and amended by the National Health Service and Community Care Act 1990 (c.19), section 66(1) and schedule 9, paragraph 19(17) and the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 14."
    },
    {
      "type": "footnote",
      "label": "f18",
      "text": "Section 84B was inserted by the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), section 37(1) and was amended by the Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), section 66."
    },
    {
      "type": "footnote",
      "label": "f19",
      "text": "Section 85AA was inserted by the Health Act 1999 (c.8), section 52 and amended by the Primary Medical Services (Scotland) Act 2004 (asp 1), schedule 1, paragraph 1(16) and the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 15."
    },
    {
      "type": "footnote",
      "label": "f20",
      "text": "Section 85A(4) was amended by the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 17."
    },
    {
      "type": "footnote",
      "label": "f21",
      "text": "Section 86 was amended by the National Health Service and Community Care Act 1990 (c.19), section 36 and schedule 10, paragraph 1, the Health Act 1999 (c.8), schedule 5, paragraph 1, the Public Finance and Accountability (Scotland) Act 2000 (asp 1), schedule 4, paragraph 4(3), the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 19."
    },
    {
      "type": "footnote",
      "label": "f22",
      "text": "Section 87 was amended by the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17, paragraph 20."
    },
    {
      "type": "footnote",
      "label": "f23",
      "text": "Paragraph 2 was amended by the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), sections 1(2) and 6(4)."
    },
    {
      "type": "footnote",
      "label": "f24",
      "text": "Paragraph 3A was inserted by the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), section 1(5)."
    },
    {
      "type": "footnote",
      "label": "f25",
      "text": "Paragraph 4 was amended by the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), schedule 1, paragraph 1."
    },
    {
      "type": "footnote",
      "label": "f26",
      "text": "Paragraph 5 was amended by the Health Services Act 1980 (c.53), schedule 6, paragraph 7(2) and schedule 7."
    },
    {
      "type": "footnote",
      "label": "f27",
      "text": "Paragraph 5A was inserted by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), section 14(2) and schedule 7, paragraph 4(1) and amended by the National Health Service and Community Care Act 1990 (c.19), section 27(3) and schedule 5, paragraph 4."
    },
    {
      "type": "footnote",
      "label": "f28",
      "text": "Paragraph 7 was amended by the Health Services Act 1980 (c.53), schedule 6, paragraph 7(3)."
    },
    {
      "type": "footnote",
      "label": "f29",
      "text": "Paragraph 7A was inserted by the National Health Service and Community Care Act 1990 (c.19), section 27(3) and schedule 5, paragraph 5."
    },
    {
      "type": "footnote",
      "label": "f30",
      "text": "Paragraph 7B was inserted by the National Health Service and Community Care Act 1990 (c.19), section 27(3) and schedule 5, paragraph 5."
    },
    {
      "type": "footnote",
      "label": "f31",
      "text": "Paragraph 11 was amended by the Health Services Act 1980 (c.53), schedule 6, paragraph 7(4) and schedule 7, the National Health Service and Community Care Act 1990 (c.19), section 27(3) and schedule 5, paragraph 7 and the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), section 1(7)."
    },
    {
      "type": "footnote",
      "label": "f32",
      "text": "Paragraph 11A was inserted by the Health Services Act 1980 (c.53), schedule 6, paragraph 7(5)."
    },
    {
      "type": "footnote",
      "label": "f33",
      "text": "Paragraph 12 was amended by the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), section 1(8)."
    },
    {
      "type": "footnote",
      "label": "f34",
      "text": "Paragraph 7B was inserted by the National Health Service and Community Care Act 1990 (c.19), section 27(3) and schedule 5, paragraph 11."
    },
    {
      "type": "footnote",
      "label": "f35",
      "text": "Paragraph 7C was inserted by the National Health Service and Community Care Act 1990 (c.19), section 27(3) and schedule 5, paragraph 11."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2019/336/schedule/1/part/1",
    "retrieved_at": "2026-10-28T21:05:30.916612+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}