# The Public Health Scotland Order 2019, Part 1: The Act

Extent: S

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Enactment
Nature of Provision
Modifications and Limitations (where applicable)
In the Act—
In part 1—
Organisation
In section 2—
Health Boards
Subsection (3)
Variation of area of Health Board
Subsection (4)
Provision incidental to variation of area of Health Board
Subsection (5)
Health Boards to act in accordance with regulations or directions
Subsection (8)
Health Board to act as principal
In section 10—
Common Services Agency
Subsection (4)
Power to provide that functions of Health Boards may be referred to the Agency
Section 12J
Co-operation with other Health Boards, Special Health Boards and the Agency
In subsection (1) for “one another” substitute “Health Boards”.
In subsection (2)(a) for “another” substitute “a”.
Omit “other”.
In subsection (2)(b) omit “other”.
In subsection (3)(a) for “another” substitute “a”.
Section 12K
Power of Health Board to carry out other Health Board’s functions
For “another” substitute “a”.
After “Health Board” insert “or Special Health Board” each time it appears.
Section 13
Co-operation between Health Boards and other Authorities
After “integration joint boards” insert “, Health Boards”.
Section 13A
Co-operation in planning of services for disabled persons, the elderly and others
After “(including HIS” insert “and Health Boards”.
In section 15—
Supply of goods and services to local authorities, etc.
Subsection (1)(b)
Supply etc. of equipment, goods or materials to local and education authorities, government departments and other public bodies
Subsection (1)(c)
Provision of services to local and education authorities
Subsection (1)(d)
Use of health service premises by local and education authorities
Subsection (1)(e)
Use of health service vehicles etc. by local and education authorities
Subsection (2)
Arrangements with third parties for the supply of equipment, goods and materials
For “paragraphs (a) and” substitute “paragraph”.
Omit “(including paragraph (a)” to “subsection (1A))”.
Section 16A
Power to make payments towards expenditure on community services
In part IV—
Powers of the Scottish Ministers
Section 77
Default powers
Section 78B
Relationship of sections 77, 78 and 78A
In part V—
Property and Finance
In section 79—
Purchase of land and moveable property
Subsection (3)
Power to acquire moveable property on behalf of the Scottish Ministers
In section 83—
Power of Health Boards and local health councils to hold property on trust
Subsection (1)
Power to hold property on trust
Subsection (1A)
Power to hold property on trust
Section 84
Power of trustees to make payments to Health Boards
Section 84A
Power to raise money and property by appeals, collections and other similar activities
Section 84B
Joint ventures
Section 85AA
Means of meeting expenditure of health boards out of public funds
In section 85A
Financial duties of bodies referred to in section 85
Subsection (4)
Disregard for the purposes of the section of certain trust funds
Section 86
Provision in relation to the keeping and auditing of accounts and their submission to the Scottish Ministers
Section 87
Power to make regulations as to financial arrangements of health service bodies
In schedule 1–
Health Boards
Paragraph 1
Health Boards to be bodies corporate and have a common seal
In paragraph 2
Appointment of Chairman and members
Sub-paragraph (1)
Health Boards to consist of certain types of members
In sub-paragraph 1(b), omit “following nomination” to the end.
Paragraph 3A
Chairman may not be an employee of that Health Board
Paragraph 4
Payment of remuneration to the Chairman and such members of Health Boards as may be prescribed
Paragraph 5
Employment of officers and servants
Paragraph 5A
Provision concerning regulations and directions made under paragraph 5 above
Paragraph 6
Power to make regulations as to method of appointment, qualifications, remuneration and conditions of service of officers and servants
Paragraph 7
Officers and servants employed in accordance with regulations and directions
Paragraph 7A
Power to make regulations providing for transfer of officers and servants
In sub-paragraph (a) for “another” substitute “a”. After sub-paragraph (a), insert “(aa) another Special Health Board;”.
Paragraph 7B
Directions to Health Boards to place officers or servants at disposal of other bodies
Paragraph 11
Power to make regulations as to appointments, committees and procedure
Paragraph 11A
Subscription to funds of other bodies
Paragraph 12
Proceedings not to be invalidated by vacancies
Paragraph 13
Payment to members of a Health Board and its committees and sub-committees of travelling and other allowances, including compensation for loss of remunerative time
Omit “, including compensation for loss of remunerative time,”.
Paragraph 14
Allowances not payable except in circumstances determined by the Scottish Ministers
Paragraph 15
Time and method of payment of allowances
In schedule 5—
The Agency
Paragraph 7B
Power to make regulations providing for the transfer of officers and servants
Paragraph 7C
Power to make directions as to placing of staff with other bodies

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Source: https://www.legislation.gov.uk/ssi/2019/336/schedule/1/part/1 (the official version)
Page: https://openlegislation.uk/public-health-scotland-order-2019/schedule-1/part-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

