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The National Health Service (Functions of the Common Services Agency) (Miscellaneous Amendments) (Scotland) Order 2026

S.S.I. 2026/20 · Made 21 January 2026

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

Made 21st January 2026

Laid before the Scottish Parliament 23rd January 2026

Coming into force 1st April 2026

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 2(1)(b), 10(3), and 105(6) and (7), of the National Health Service (Scotland) Act 1978f1, and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

1978 c. 29. Section 2(1)(b) was inserted by the National Health Service and Community Care Act 1990 (c. 19), section 28(a)(ii), and amended by the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) (“the 2005 Act”), schedule 2, paragraph 2(2); section 10(3) was amended by the 2005 Act, schedule 2, paragraph 2(4); section 105(7) was amended by the Health Services Act 1980 (c. 53), schedule 6, paragraph 5(1) and schedule 7, the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 29(1) and schedule 9, Part I, paragraph 24, and the Health Act 1999 (c. 8), schedule 4, paragraph 60. The functions of the Secretary of State were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the National Health Service (Functions of the Common Services Agency) (Scotland) Order 2008
  3. 3Dissolution and revocation
  4. 4Transfer of property etc
  5. 5Consequential amendments
  6. 6Transitional provisions
  7. Signature
  8. Schedule
  9. Part 1: Consequential amendments and repeals of primary legislation
  10. 1The Ethical Standards in Public Life etc. (Scotland) Act 2000
  11. 2The Scottish Public Services Ombudsman Act 2002
  12. 3The Freedom of Information (Scotland) Act 2002
  13. 4The Islands (Scotland) Act 2018
  14. Part 2: Consequential amendments and revocations of secondary legislation
  15. 5The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) Order 2003
  16. 6The Health Professions Order 2001 (Consequential Amendments) Order 2003
  17. 7The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004
  18. 8The National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004
  19. 9The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006
  20. 10The Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Regulations 2007
  21. 11The Official Statistics (Scotland) Order 2008
  22. 12The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008
  23. 13The National Health Service (General Dental Services) (Scotland) Regulations 2010
  24. 14The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011
  25. 15The National Health Service (Primary Medical Services Performers Lists) (Scotland) Amendment Regulations 2011
  26. 16The Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Amendment Regulations 2012
  27. 17The Health and Social Care Act 2012 (Consequential Provision-Social Workers) Order 2012
  28. 18The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2013
  29. 19The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015
  30. 20The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018
  31. 21The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018
  32. 22The Official Statistics (Scotland) Amendment Order 2019
  33. 23The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019
  34. 24The Public Services Reform (The Scottish Public Services Ombudsman) (Healthcare Whistleblowing) Order 2020
  35. 25The National Health Service (Vocational Training for Dentists) (Miscellaneous Amendment) (Scotland) Regulations 2022
  36. 26The Consumer Scotland Act 2020 (Relevant Public Authorities) Regulations 2024
  37. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the National Health Service (Functions of the Common Services Agency) (Miscellaneous Amendments) (Scotland) Order 2026 and comes into force on 1 April 2026.

(2)

In this Order “NHS Education for Scotland” means the Special Health Board constituted under the NHS Education for Scotland Order 2002f1.

2Amendment of the National Health Service (Functions of the Common Services Agency) (Scotland) Order 2008

(1)

The National Health Service (Functions of the Common Services Agency) (Scotland) Order 2008f1 is amended in accordance with paragraph (2).

(2)

In article 2 (functions of the Agency)—

(a)

after paragraph (a) insert—

“(aa)

exercise the power of the Scottish Ministers under section 16 of the Actf2 to assist any voluntary organisations whose activities include the provision of a service similar or related to a service provided by the Agency under the Act;

(ab)

exercise the power of the Scottish Ministers under section 16B of the Actf3 to give financial assistance to voluntary organisations limited to assisting such organisations to which that section would apply if the expression “relevant service” as defined in section 16B(3) were limited to the provision of services provided by the Agency;”,

(b)

for paragraph (la) substitute—

“(la)

exercise functions in relation to education and training relating to the health service including, without prejudice to the foregoing generality, functions specified in section 47 of the Act (making available facilities for education, research and training);”.

3Dissolution and revocation

(1)

NHS Education for Scotland is dissolved.

(2)

The following enactments are revoked—

(a)

the NHS Education for Scotland Order 2002,

(b)

the Scottish Council for Postgraduate Medical and Dental Education and NHS Education for Scotland (Transfer of Staff) Regulations 2002f1,

(c)

the NHS Education for Scotland Amendment Order 2006f2, and

(d)

the NHS Education for Scotland Amendment Order 2021f3.

4Transfer of property etc

(1)

With effect from 1 April 2026, all property, rights, liabilities and obligations to which paragraph (2) applies, are transferred to, and vest in, the Agency.

(2)

Paragraph (1) applies to—

(a)

all property (including corporeal and incorporeal moveable property) which immediately before the transfer date was owned by NHS Education for Scotland, and

(b)

all rights, liabilities and obligations which, immediately before 1 April 2026, subsisted in respect of NHS Education for Scotland.

5Consequential amendments

The schedule has effect.

6Transitional provisions

(1)

Any relevant thing done by or in relation to NHS Education for Scotland before 1 April 2026, so far as is required for continuing its effect on and after that date, has effect as if done by or in relation to the Agency.

(2)

Any relevant thing (which may include legal proceedings) which, immediately before 1 April 2026, is in the process of being done by or in relation to NHS Education for Scotland may continue to be done by or in relation to the Agency on and after that date.

(3)

No right to terminate or vary a contract, arrangement or instrument is to operate or become exercisable, and no provision of any contract, arrangement or instrument is to operate or become exercisable or be contravened, by reason of any transfer under or other operation of this Order.

(4)

The transfers provided for by this Order are to be made—

(a)

irrespective of any requirement for consent that would otherwise apply (whether arising under any enactment, instrument, agreement or otherwise), and

(b)

whether or not they would otherwise be capable of being transferred.

(5)

In this article “relevant thing” means anything which, if it were to be done on or after 1 April 2026, would be done by or in relation to the Agency.

Signature

NEIL GRAY

A member of the Scottish Government

St Andrew’s House,

Edinburgh

21st January 2026

1The Ethical Standards in Public Life etc. (Scotland) Act 2000

In schedule 3 (devolved public bodies) of the Ethical Standards in Public Life etc. (Scotland) Act 2000f1 the entry relating to NHS Education for Scotland is repealed.

2The Scottish Public Services Ombudsman Act 2002

(1)

The Scottish Public Services Ombudsman Act 2002f1 is amended in accordance with sub-paragraph (2).

(2)

In schedule 5 (disclosure of information by the ombudsman)—

(a)

in the entry relating to the Common Services Agency for the Scottish Health Service, after paragraph 2 in the second column insert—

“3.

The education or training of persons providing, or intending to provide, services under the National Health Service (Scotland) Act 1978”, and

(b)

the entry relating to NHS Education for Scotland is repealed.

3The Freedom of Information (Scotland) Act 2002

In schedule 1 (Scottish public authorities) of the Freedom of Information (Scotland) Act 2002f1 paragraph 32A is repealedf2.

4The Islands (Scotland) Act 2018

In the schedule (duties in relation to island communities: relevant authorities) of the Islands (Scotland) Act 2018f1 paragraph 44 is repealed.

5The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) Order 2003

Omit article 2(2)(b)(i) (devolved public bodies) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) Order 2003f1.

6The Health Professions Order 2001 (Consequential Amendments) Order 2003

In the schedule (consequential amendments to primary and secondary legislation) of the Health Professions Order 2001 (Consequential Amendments) Order 2003f1 omit paragraph 13.

7The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

In the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004f1—

(a)

in regulation 2 (interpretation) omit the definition of “NHS Education for Scotland”, and

(b)

in regulation 14 (disclosure of information) omit paragraphs (2)(h) and (8)(k).

8The National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004

In the National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004f1—

(a)

in regulation 1 (citation, commencement and interpretation)—

(i)

omit the definitions of “the Board” and “NHS Education for Scotland”,

(ii)

in the definition of “vocational training” for “NHS Education for Scotland” substitute “the Agency”, and

(b)

in each place where it occurs in regulations 2 (applications for vocational training numbers and vocational training (orthodontic) numbers), 3 (satisfactory completion of vocational training), 5 (procedure on appeal), and 6 (service of documents) for “the Board” substitute “the Agency”.

9The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006

In the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006f1—

(a)

in regulation 14 (disclosure of information) omit paragraphs (2)(h) and (7)(k),

(b)

in paragraphs 3(1) and 3A(1)(a) of schedule 1 (terms of service) for “NHS Education for Scotland” substitute “the Agency”, and

(c)

in paragraph 3(b) of Part A and paragraph 3(b) of Part B of schedule 2 (information, undertakings, consents and declarations to be included in an application for inclusion in an ophthalmic list) for “NHS Education for Scotland” substitute “the Agency”.

10The Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Regulations 2007

In regulation 2(b) (requirements to be satisfied by relevant health professional signing medical treatment certificate) of the Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Regulations 2007f1 for “NHS Education for Scotland” substitute “the Common Services Agency for the Scottish Health Service constituted under section 10 of the National Health Service Act 1978f2”.

11The Official Statistics (Scotland) Order 2008

In the schedule (persons specified as producers of official statistics) of the Official Statistics (Scotland) Order 2008f1 omit “NHS Education for Scotland”.

12The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008

In schedule 1 of the Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008f1 omit “32A NHS Education for Scotland”.

13The National Health Service (General Dental Services) (Scotland) Regulations 2010

In the National Health Service (General Dental Services) (Scotland) Regulations 2010f1—

(a)

in regulation 2(1) (interpretation)—

(i)

in each place where it occurs for “NHS Education for Scotland” substitute “the Agency”,

(ii)

omit the definition of “NHS Education for Scotland”,

(b)

in regulation 5(1B), (14) and (15) (application for inclusion in the dental list and notification of changes) for “NHS Education for Scotland” substitute “the Agency”,

(c)

in regulation 14 (disclosure of information) omit paragraphs (2)(h) and (7)(j),

(d)

in paragraph 2(3) of schedule B1 (enhanced skills in domiciliary care) for “NHS Education for Scotland” substitute “the Agency”, and

(e)

in paragraphs 40(3) and (4) and 52 of schedule 1 (terms of service for dentists) for “NHS Education for Scotland” substitute “the Agency”.

14The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011

In schedule 2 (modifications relating to Healthcare Improvement Scotland) of the Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011f1 omit paragraph 22.

15The National Health Service (Primary Medical Services Performers Lists) (Scotland) Amendment Regulations 2011

In regulation 2 (amendment of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004) of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Amendment Regulations 2011f1—

(a)

in paragraph (2)(a) omit the definition of “NHS Education for Scotland”, and

(b)

omit paragraph (9)(c) and (d)(iii).

16The Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Amendment Regulations 2012

In regulation 2 (amendment of the Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Regulations 2007) of the Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Amendment Regulations 2012f1 omit “; or (b) NHS Education for Scotland”.

17The Health and Social Care Act 2012 (Consequential Provision-Social Workers) Order 2012

In the schedule (consequential amendments and other provision) of the Health and Social Care Act 2012 (Consequential Provision-Social Workers) Order 2012f1 omit paragraph 25.

18The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2013

In regulation 6 of the National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2013f1 omit paragraphs (b) and (c).

19The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015

In schedule 1 (listed bodies) of the Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015f1 omit “NHS Education for Scotland”.

20The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018

In paragraph 57 of schedule 6 (other contractual terms) of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018f1 for “NHS Education for Scotland” substitute “the Agency”.

21The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018

In paragraph 28(3) of schedule 1 (content of agreements) of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018f1 for “NHS Education for Scotland” substitute “the Agency”.

22The Official Statistics (Scotland) Amendment Order 2019

In the schedule (persons specified as producers of official statistics) of the Official Statistics (Scotland) Amendment Order 2019f1 omit “NHS Education for Scotland”.

23The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019

In schedule 2 (amendments consequential on the renaming of the Health Professions Order 2001) of the Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019f1 omit paragraph 14.

24The Public Services Reform (The Scottish Public Services Ombudsman) (Healthcare Whistleblowing) Order 2020

In article 3(7) (amendment of the Scottish Public Services Ombudsman Act 2002) of the Public Services Reform (The Scottish Public Services Ombudsman) (Healthcare Whistleblowing) Order 2020f1 omit “NHS Education for Scotland” and the corresponding entry in the opposite column.

25The National Health Service (Vocational Training for Dentists) (Miscellaneous Amendment) (Scotland) Regulations 2022

In the National Health Service (Vocational Training for Dentists) (Miscellaneous Amendment) (Scotland) Regulations 2022f1 omit regulations 3(b) and (c)(ii) (amendment of the National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004) and 6 (amendment of the National Health Service (General Dental Services) (Scotland) Regulations 2010).

26The Consumer Scotland Act 2020 (Relevant Public Authorities) Regulations 2024

In the schedule of the Consumer Scotland Act 2020 (Relevant Public Authorities) Regulations 2024f1—

(a)

after “Health Bodies” insert “the Common Services Agency for the Scottish Health Service”, and

(b)

omit “NHS Education for Scotland”.

Explanatory note

(This note is not part of the Order)

This Order dissolves NHS Education for Scotland and transfers the functions carried out by that body to the Common Services Agency for the Scottish Health Service (“the Agency”).

Article 2 amends article 2 of the National Health Service (Functions of the Common Services Agency) (Scotland) Order 2008 to transfer the specified functions of NHS Education for Scotland to the Agency, including in relation to Scottish Ministers’ powers under sections 16 and 16B of the National Health Service (Scotland) Act 1978 to assist voluntary organisations.

Article 3 dissolves NHS Education for Scotland and revokes previous legislation made in relation to that body.

Article 4 transfers the property, rights, liabilities and obligations of NHS Education for Scotland to the Agency.

Article 5 and the schedule make consequential amendments to primary and secondary legislation.

Article 6 provides that things done by or in relation to NHS Education for Scotland before 1 April 2026 will have effect as if done by or in relation to the Agency, and contracts cannot be terminated, varied, exercised or contravened by reason of this Order.