Change 1 Article Choose an article Title and introductory text 1 General duty of Secretary of State. 1A Duty of the Scottish Ministers to promote health improvement 2 Health Boards. 2A Duty of Health Board, Special Health Board , the Agency and HIS to promote health improvement 2B Duty to encourage public involvement 2C Functions of Health Boards: primary medical services 2CB Functions of Health Boards outside Scotland 2D Equal opportunities 3 Scottish Medical Practices Committee. 4 Scottish Dental Estimates Board. 4A Community health partnerships 4B Community health partnerships: further provision 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Local health councils. 8 University Liaison Committees. 9 Local consultative committees. 10 Common Services Agency. 10ZA Provision of patient advice and support service 10A Healthcare Improvement Scotland 10B Principles 10C Health service functions 10D Health service functions: further provision 10E Independent health care functions 10F Meaning of “independent health care services” 10G Power to modify definitions 10H Standards and outcomes 10I Inspections of services provided under the health service or under the 2021 Act 10J Inspections of independent health care services 10K Authorised persons 10L Inspections: best regulatory practice 10M Inspections at request of Scottish Ministers 10N Inspections: reports 10O Regulations relating to inspections 10P Registration of independent health care services 10Q Grant or refusal of registration 10R Improvement notices: independent health care services 10S Cancellation of registration 10T Emergency cancellation of registration 10U Condition notices 10V Emergency condition notices 10W Application of Act to condition notices following emergency condition notices 10X Emergency condition notices: appeals 10Y Applications in respect of conditions 10Z Further provision as respects notice of proposals 10Z1 Right to make representations to HIS as respects proposals 10Z2 Notice of HIS's decisions 10Z3 Conditions as to numbers 10Z4 Appeal against decision to implement proposal 10Z5 Registration fees 10Z6 Regulations: registers and registration 10Z7 Regulations: independent health care services 10Z8 Complaints about independent health care services 10Z9 Offences in relation to registration 10Z10 False statements in applications 10Z11 Offences by bodies corporate etc. 10Z12 Inquiries 10Z13 Arrangements entered into by certain bodies: services to be registered 10Z14 Local authorities and other bodies: awareness of HIS reports etc. 10Z15 Giving of notice 10Z16 Establishment of Scottish Health Council 10Z17 Transfer of staff 10Z18 “ Provide ” in relation to independent health care services 10Z19 Duty of HIS to consult the Mental Welfare Commission for Scotland 11 Scottish Hospital Trust. 12 Scottish Hospital Endowments Research Trust. 12A National Health Service trusts. 12AA Additional functions of NHS trusts. 12B Transfer of staff to NHS trusts. 12C Supplementary provisions as to transfer of staff. 12CA Transfer of staff among health service bodies. 12D Transfer of property rights and liabilities to NHS trusts. 12DA Stamp duty land tax 12E Originating capital debt of, and other financial provisions relating to NHS trusts. 12F Financial obligations of NHS trusts. 12G Trust property of NHS trusts. 12H Duty of quality. 12I Duty in relation to governance of staff 12IA Duty to ensure appropriate staffing 12IB Duty to ensure appropriate staffing: agency workers 12IC Duty to have real-time staffing assessment in place 12ID Duty to have risk escalation process in place 12IE Duty to have arrangements to address severe and recurrent risks 12IF Duty to seek clinical advice on staffing 12IG Duty to ensure appropriate staffing: number of registered healthcare professionals etc. 12IH Duty to ensure adequate time given to clinical leaders 12II Duty to ensure appropriate staffing: training of staff 12IJ Duty to follow common staffing method 12IK Common staffing method: types of health care 12IL Training and consultation of staff 12IM Reporting on staffing 12IN Ministerial guidance on staffing 12IO Interpretation of sections 12H to 12IN 12IP HIS: monitoring compliance with staffing duties 12IQ HIS: monitoring and review of common staffing method 12IR HIS: monitoring and development of staffing tools 12IS HIS: duty to consider multi-disciplinary staffing tools 12IT HIS: duty on Health Boards to assist staffing functions 12IU HIS: power to require information 12IV HIS: ministerial guidance on staffing functions 12IW Interpretation of sections 12IP to 12IV 12J Health Boards: co-operation with other Health Boards, Special Health Boards and the Agency 12K Power of Health Board to carry out other Health Board's functions 13 Co-operation between Health Boards and other authorities. 13A Co-operation in planning of services for disabled persons, the elderly and others. 13B [ Joint Liaison Committees. 14 Designated medical officers. 15 Supply of goods and services to local authorities, etc. 16 Assistance to voluntary organisations. 16A Power to make payments towards expenditure on community services. 16B Financial assistance by the Secretary of State to voluntary organisations. 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17AA Provision of certain services under NHS contracts. 17A NHS contracts. 17B Reimbursement of Health Board’s costs. 17C Personal medical or dental services. 17CA Primary medical services: persons with whom agreements can be made 17D Personal dental services: persons with whom agreements may be made. 17E Personal medical or dental services: regulations. 17EA Services lists 17EB Application for inclusion in services list 17G Right to choose dental practitioner. 17H Immunisation. 17I Use of accommodation. 17J Health Boards' power to enter into general medical services contracts 17K Mandatory contract term: provision of prescribed primary medical services 17L Eligibility to be contractor under general medical services contract 17M Payments by Health Boards under general medical services contracts 17N Other mandatory contract terms 17O Resolution of disputes and entry into NHS contracts 17P Persons performing primary medical services 17Q Assistance and support 18 Duty of Secretary of State. 19 Arrangements and regulations for general medical services. 19A Medical lists. 19B Vacancies for medical practitioners. 20 Applications to provide general medical services. 21 Requirement of suitable experience. 22 Regulations as to section 21. 23 Distribution of general medical services. 24 Regulations for Medical Practices Committee. 24A Liabilities and obligations in relation to deputies. 24B Supplementary lists 24C Application for inclusion in supplementary list 25 Arrangements for provision of general dental services. 26 Arrangements for provision of general ophthalmic services. 27 Arrangements for provision of pharmaceutical services. 27A Arrangements for providing additional pharmaceutical services. 27B Terms and conditions etc. 28 Persons authorised to provide pharmaceutical services. 28A Remuneration for Part II services. 28B Part II remuneration: supplementary. 28C Indemnity cover. 28D Assistance and support: general dental services 29 The NHS tribunal. 29A The NHS Tribunal: supplementary. 29B Powers of NHS Tribunal. 29C Conditional disqualification etc. 30 Review etc. of disqualification. 31 Disqualification provisions in England or Wales or Northern Ireland. 32 Regulations as to sections 29 to 31. 32A Applications for interim suspension. 32B Suspension pending appeal. 32C Sections 32A and 32B: procedure etc. 32D Corresponding provision in England or Wales or Northern Ireland 32E Payments in consequence of suspension. 33 Powers of Secretary of State where services are inadequate. 34 Exercise of choice of medical practitioner etc. in certain cases. 35 Sale of medical practices. 35A Interpretation of Part II. 36 Accommodation and services. 37 Prevention of illness, care and after-care. 38 Care of mothers and young children. 38A Breastfeeding 38B Detection of vision problems in children 39 Medical and dental inspection, supervision and treatment of pupils and young persons. 40 Vaccination and immunisation. 41 Family planning. 42 Health education. 43 Control of spread of infectious disease. 44 Supplies of blood and other substances. 45 Ambulances. 46 Provision of vehicles for persons suffering from physical defect or disability. 46A Provision of communication equipment 47 Educational and research facilities. 48 Residential and practice accommodation. 49 Maximum prices of medical supplies may be controlled. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Restriction of powers under sections 44, 50 and 53. 55 Hospital accommodation on part payment. 56 Expenses payable by remuneratively employed resident patients. 57 Accommodation and services for private patients. 58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Permission for use of facilities in private practice. 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Charges for drugs, medicines or appliances or pharmaceutical services. 70 Charges for dental or optical appliances. 71 Charges for dental treatment. 71A Calculation of charges for dental appliances and treatment. 72 Charges in respect of services etc. provided under sections 37, 38 and 41. 73 Charges for more expensive supplies. 74 Charges for repairs and replacements in certain cases. 75 Sums otherwise payable to those providing services. 75A Remission and repayment of charges and payment of travelling expenses. 75B Reimbursement of the cost of services provided in another EEA State 75BA Reimbursement of the cost of services provided in another EEA State where expenditure is incurred on or after 25 October 2013. 75BB Prior authorisation for the purposes of section 75BA 75BC Restriction on reimbursement after EU withdrawal 75C Prior authorisation 75D Deduction of NHS charges 76 Inquiries. 77 Default powers. 78 Emergency powers. 78A Powers in case of service failure 78B Relationship of sections 77, 78 and 78A 79 Purchase of land and moveable property. 80 Transferred property free of trusts. 81 Power of voluntary organisations to transfer property to Secretary of State. 82 Use and administration of certain endowments and other property held by Health Boards. 83 Power of Health Boards and local health councils to hold property on trust. 84 Power of trustees to make payments to Health Boards. 84A Power to raise money, etc., by appeals, collections, etc. 84B Joint ventures 85AA Means of meeting expenditure of Health Boards out of public funds. 85AB Further provision as to expenditure on drugs. 85 Expenses of certain bodies. 85A Financial duties of bodies referred to in section 85. 85B Schemes for meeting losses and liabilities etc. of certain health service bodies. 86 Accounts of Health Boards and the Agency. 87 Regulation of financial arrangements of Health Boards, the Agency and the Dental Estimates Board. 87A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Payment of allowances and remuneration to members of certain bodies connected with the health services. 89 Superannuation of officers of certain hospitals. 90 Appointment of Commissioner and tenure of office. 91 Salary and pension of Commissioner. 92 Administrative provisions. 92A Appointment of acting Commissioner. 93 Bodies and action subject to investigation. 94 Provisions relating to complaints. 95 Application of certain provisions of the Parliamentary Commissioner Act 1967. 95A Consulting other Commissioners. 96 Reports by Commissioner. 97 Interpretation of Part VI. 98 Charges in respect of non-residents. 99 Evasion of charges. 99ZA Recovery of charges and payments. 99ZB 99A Holidays for patients etc. 100 Accommodation for persons displaced in course of development. 101 Protection of Health Boards and Common Services Agency. 102 State hospitals. 103 Arbitration. 104 Exemption from stamp duty. 104A Exemption from stamp duty land tax 105 Orders, regulations and directions. 106 Supplementary regulatory powers. 107 Local enactments. 108 Interpretation and construction. 109 Transitional provisions and savings, consequential amendments and repeals. 110 Citation, extent and commencement. SCHEDULE 1 Health Boards SCHEDULE 1A Health Board elections SCHEDULE 2 SCHEDULE 3 The Planning Council SCHEDULE 4 University Liaison Committees SCHEDULE 5 The Agency SCHEDULE 5A Healthcare Improvement Scotland SCHEDULE 6 SCHEDULE 7 The Research Trust SCHEDULE 7A National Health Service Trusts SCHEDULE 7B Financial Provisions relating to NHS Trusts SCHEDULE 8 The Tribunal SCHEDULE 9 Additional Provisions as to Prohibition of Sale of Medical Practices SCHEDULE 11 Additional Provisions as to Regulations for the Making and Recovery of Charges SCHEDULE 12 Inquiries SCHEDULE 13 Acquisition of Property Other than Land SCHEDULE 14 Action not subject to investigation by the Commissioner SCHEDULE 15 Transitional Provisions and Savings SCHEDULE 16 Consequential Amendments of Enactments SCHEDULE 17 Repeals
What to do with it
As published
77 Default powers.
(1) Where the Secretary of State is of the opinion, on representations made to him or otherwise, that—
(a) any Health Board; ...
(aa) an NHS trust
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) the Dental Estimates Board ; or
(d) HIS,
have failed to carry out any functions conferred or imposed on them by or under this Act , the 2021 Act or Part 1 of the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026, or have in carrying out those functions failed to comply with any regulations, schemes, proposals or directions relating to those functions, he may after holding an inquiry make an order declaring them to be in default
(2) When such an order is made, the members of the body shall forthwith vacate their office, and the order—
(a) shall provide for the appointment or, as the case may be, election, in accordance with the provisions of this Act, of new members of the body; and
(b) may contain such provisions as seem to the Secretary of State expedient for authorising any person to act in the place of the body in question pending the appointment or, as the case may be, election of new members.
(3) An order made under this section may contain such supplementary and incidental provisions as appear to the Secretary of State to be necessary or expedient.
Your wording
Your change, as a redline
77 Default powers.
(1) Where the Secretary of State is of the opinion, on representations made to him or otherwise, that—
(a) any Health Board; ...
(aa) an NHS trust
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) the Dental Estimates Board ; or
(d) HIS,
have failed to carry out any functions conferred or imposed on them by or under this Act , the 2021 Act or Part 1 of the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026, or have in carrying out those functions failed to comply with any regulations, schemes, proposals or directions relating to those functions, he may after holding an inquiry make an order declaring them to be in default
(2) When such an order is made, the members of the body shall forthwith vacate their office, and the order—
(a) shall provide for the appointment or, as the case may be, election, in accordance with the provisions of this Act, of new members of the body; and
(b) may contain such provisions as seem to the Secretary of State expedient for authorising any person to act in the place of the body in question pending the appointment or, as the case may be, election of new members.
(3) An order made under this section may contain such supplementary and incidental provisions as appear to the Secretary of State to be necessary or expedient.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.