Law

National Health Service (Scotland) Act 1978

United Kingdom · statute

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In force since 2026-07-22, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 286 provisions
  1. Title and introductory text
  2. 1 General duty of Secretary of State.
  3. 1A Duty of the Scottish Ministers to promote health improvement
  4. 2 Health Boards.
  5. 2A Duty of Health Board, Special Health Board , the Agency and HIS to promote health improvement
  6. 2B Duty to encourage public involvement
  7. 2C Functions of Health Boards: primary medical services
  8. 2CB Functions of Health Boards outside Scotland
  9. 2D Equal opportunities
  10. 3 Scottish Medical Practices Committee.
  11. 4 Scottish Dental Estimates Board.
  12. 4A Community health partnerships
  13. 4B Community health partnerships: further provision
  14. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  15. 7 Local health councils.
  16. 8 University Liaison Committees.
  17. 9 Local consultative committees.
  18. 10 Common Services Agency.
  19. 10ZA Provision of patient advice and support service
  20. 10A Healthcare Improvement Scotland
  21. 10B Principles
  22. 10C Health service functions
  23. 10D Health service functions: further provision
  24. 10E Independent health care functions
  25. 10F Meaning of “independent health care services”
  26. 10G Power to modify definitions
  27. 10H Standards and outcomes
  28. 10I Inspections of services provided under the health service or under the 2021 Act
  29. 10J Inspections of independent health care services
  30. 10K Authorised persons
  31. 10L Inspections: best regulatory practice
  32. 10M Inspections at request of Scottish Ministers
  33. 10N Inspections: reports
  34. 10O Regulations relating to inspections
  35. 10P Registration of independent health care services
  36. 10Q Grant or refusal of registration
  37. 10R Improvement notices: independent health care services
  38. 10S Cancellation of registration
  39. 10T Emergency cancellation of registration
  40. 10U Condition notices
  41. 10V Emergency condition notices
  42. 10W Application of Act to condition notices following emergency condition notices
  43. 10X Emergency condition notices: appeals
  44. 10Y Applications in respect of conditions
  45. 10Z Further provision as respects notice of proposals
  46. 10Z1 Right to make representations to HIS as respects proposals
  47. 10Z2 Notice of HIS's decisions
  48. 10Z3 Conditions as to numbers
  49. 10Z4 Appeal against decision to implement proposal
  50. 10Z5 Registration fees
  51. 10Z6 Regulations: registers and registration
  52. 10Z7 Regulations: independent health care services
  53. 10Z8 Complaints about independent health care services
  54. 10Z9 Offences in relation to registration
  55. 10Z10 False statements in applications
  56. 10Z11 Offences by bodies corporate etc.
  57. 10Z12 Inquiries
  58. 10Z13 Arrangements entered into by certain bodies: services to be registered
  59. 10Z14 Local authorities and other bodies: awareness of HIS reports etc.
  60. 10Z15 Giving of notice
  61. 10Z16 Establishment of Scottish Health Council
  62. 10Z17 Transfer of staff
  63. 10Z18 “ Provide ” in relation to independent health care services
  64. 10Z19 Duty of HIS to consult the Mental Welfare Commission for Scotland
  65. 11 Scottish Hospital Trust.
  66. 12 Scottish Hospital Endowments Research Trust.
  67. 12A National Health Service trusts.
  68. 12AA Additional functions of NHS trusts.
  69. 12B Transfer of staff to NHS trusts.
  70. 12C Supplementary provisions as to transfer of staff.
  71. 12CA Transfer of staff among health service bodies.
  72. 12D Transfer of property rights and liabilities to NHS trusts.
  73. 12DA Stamp duty land tax
  74. 12E Originating capital debt of, and other financial provisions relating to NHS trusts.
  75. 12F Financial obligations of NHS trusts.
  76. 12G Trust property of NHS trusts.
  77. 12H Duty of quality.
  78. 12I Duty in relation to governance of staff
  79. 12IA Duty to ensure appropriate staffing
  80. 12IB Duty to ensure appropriate staffing: agency workers
  81. 12IC Duty to have real-time staffing assessment in place
  82. 12ID Duty to have risk escalation process in place
  83. 12IE Duty to have arrangements to address severe and recurrent risks
  84. 12IF Duty to seek clinical advice on staffing
  85. 12IG Duty to ensure appropriate staffing: number of registered healthcare professionals etc.
  86. 12IH Duty to ensure adequate time given to clinical leaders
  87. 12II Duty to ensure appropriate staffing: training of staff
  88. 12IJ Duty to follow common staffing method
  89. 12IK Common staffing method: types of health care
  90. 12IL Training and consultation of staff
  91. 12IM Reporting on staffing
  92. 12IN Ministerial guidance on staffing
  93. 12IO Interpretation of sections 12H to 12IN
  94. 12IP HIS: monitoring compliance with staffing duties
  95. 12IQ HIS: monitoring and review of common staffing method
  96. 12IR HIS: monitoring and development of staffing tools
  97. 12IS HIS: duty to consider multi-disciplinary staffing tools
  98. 12IT HIS: duty on Health Boards to assist staffing functions
  99. 12IU HIS: power to require information
  100. 12IV HIS: ministerial guidance on staffing functions
  101. 12IW Interpretation of sections 12IP to 12IV
  102. 12J Health Boards: co-operation with other Health Boards, Special Health Boards and the Agency
  103. 12K Power of Health Board to carry out other Health Board's functions
  104. 13 Co-operation between Health Boards and other authorities.
  105. 13A Co-operation in planning of services for disabled persons, the elderly and others.
  106. 13B [ Joint Liaison Committees.
  107. 14 Designated medical officers.
  108. 15 Supply of goods and services to local authorities, etc.
  109. 16 Assistance to voluntary organisations.
  110. 16A Power to make payments towards expenditure on community services.
  111. 16B Financial assistance by the Secretary of State to voluntary organisations.
  112. 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  113. 17AA Provision of certain services under NHS contracts.
  114. 17A NHS contracts.
  115. 17B Reimbursement of Health Board’s costs.
  116. 17C Personal medical or dental services.
  117. 17CA Primary medical services: persons with whom agreements can be made
  118. 17D Personal dental services: persons with whom agreements may be made.
  119. 17E Personal medical or dental services: regulations.
  120. 17EA Services lists
  121. 17EB Application for inclusion in services list
  122. 17G Right to choose dental practitioner.
  123. 17H Immunisation.
  124. 17I Use of accommodation.
  125. 17J Health Boards' power to enter into general medical services contracts
  126. 17K Mandatory contract term: provision of prescribed primary medical services
  127. 17L Eligibility to be contractor under general medical services contract
  128. 17M Payments by Health Boards under general medical services contracts
  129. 17N Other mandatory contract terms
  130. 17O Resolution of disputes and entry into NHS contracts
  131. 17P Persons performing primary medical services
  132. 17Q Assistance and support
  133. 18 Duty of Secretary of State.
  134. 19 Arrangements and regulations for general medical services.
  135. 19A Medical lists.
  136. 19B Vacancies for medical practitioners.
  137. 20 Applications to provide general medical services.
  138. 21 Requirement of suitable experience.
  139. 22 Regulations as to section 21.
  140. 23 Distribution of general medical services.
  141. 24 Regulations for Medical Practices Committee.
  142. 24A Liabilities and obligations in relation to deputies.
  143. 24B Supplementary lists
  144. 24C Application for inclusion in supplementary list
  145. 25 Arrangements for provision of general dental services.
  146. 26 Arrangements for provision of general ophthalmic services.
  147. 27 Arrangements for provision of pharmaceutical services.
  148. 27A Arrangements for providing additional pharmaceutical services.
  149. 27B Terms and conditions etc.
  150. 28 Persons authorised to provide pharmaceutical services.
  151. 28A Remuneration for Part II services.
  152. 28B Part II remuneration: supplementary.
  153. 28C Indemnity cover.
  154. 28D Assistance and support: general dental services
  155. 29 The NHS tribunal.
  156. 29A The NHS Tribunal: supplementary.
  157. 29B Powers of NHS Tribunal.
  158. 29C Conditional disqualification etc.
  159. 30 Review etc. of disqualification.
  160. 31 Disqualification provisions in England or Wales or Northern Ireland.
  161. 32 Regulations as to sections 29 to 31.
  162. 32A Applications for interim suspension.
  163. 32B Suspension pending appeal.
  164. 32C Sections 32A and 32B: procedure etc.
  165. 32D Corresponding provision in England or Wales or Northern Ireland
  166. 32E Payments in consequence of suspension.
  167. 33 Powers of Secretary of State where services are inadequate.
  168. 34 Exercise of choice of medical practitioner etc. in certain cases.
  169. 35 Sale of medical practices.
  170. 35A Interpretation of Part II.
  171. 36 Accommodation and services.
  172. 37 Prevention of illness, care and after-care.
  173. 38 Care of mothers and young children.
  174. 38A Breastfeeding
  175. 38B Detection of vision problems in children
  176. 39 Medical and dental inspection, supervision and treatment of pupils and young persons.
  177. 40 Vaccination and immunisation.
  178. 41 Family planning.
  179. 42 Health education.
  180. 43 Control of spread of infectious disease.
  181. 44 Supplies of blood and other substances.
  182. 45 Ambulances.
  183. 46 Provision of vehicles for persons suffering from physical defect or disability.
  184. 46A Provision of communication equipment
  185. 47 Educational and research facilities.
  186. 48 Residential and practice accommodation.
  187. 49 Maximum prices of medical supplies may be controlled.
  188. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  189. 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  190. 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  191. 54 Restriction of powers under sections 44, 50 and 53.
  192. 55 Hospital accommodation on part payment.
  193. 56 Expenses payable by remuneratively employed resident patients.
  194. 57 Accommodation and services for private patients.
  195. 58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  196. 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  197. 64 Permission for use of facilities in private practice.
  198. 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  199. 69 Charges for drugs, medicines or appliances or pharmaceutical services.
  200. 70 Charges for dental or optical appliances.
  201. 71 Charges for dental treatment.
  202. 71A Calculation of charges for dental appliances and treatment.
  203. 72 Charges in respect of services etc. provided under sections 37, 38 and 41.
  204. 73 Charges for more expensive supplies.
  205. 74 Charges for repairs and replacements in certain cases.
  206. 75 Sums otherwise payable to those providing services.
  207. 75A Remission and repayment of charges and payment of travelling expenses.
  208. 75B Reimbursement of the cost of services provided in another EEA State
  209. 75BA Reimbursement of the cost of services provided in another EEA State where expenditure is incurred on or after 25 October 2013.
  210. 75BB Prior authorisation for the purposes of section 75BA
  211. 75BC Restriction on reimbursement after EU withdrawal
  212. 75C Prior authorisation
  213. 75D Deduction of NHS charges
  214. 76 Inquiries.
  215. 77 Default powers.
  216. 78 Emergency powers.
  217. 78A Powers in case of service failure
  218. 78B Relationship of sections 77, 78 and 78A
  219. 79 Purchase of land and moveable property.
  220. 80 Transferred property free of trusts.
  221. 81 Power of voluntary organisations to transfer property to Secretary of State.
  222. 82 Use and administration of certain endowments and other property held by Health Boards.
  223. 83 Power of Health Boards and local health councils to hold property on trust.
  224. 84 Power of trustees to make payments to Health Boards.
  225. 84A Power to raise money, etc., by appeals, collections, etc.
  226. 84B Joint ventures
  227. 85AA Means of meeting expenditure of Health Boards out of public funds.
  228. 85AB Further provision as to expenditure on drugs.
  229. 85 Expenses of certain bodies.
  230. 85A Financial duties of bodies referred to in section 85.
  231. 85B Schemes for meeting losses and liabilities etc. of certain health service bodies.
  232. 86 Accounts of Health Boards and the Agency.
  233. 87 Regulation of financial arrangements of Health Boards, the Agency and the Dental Estimates Board.
  234. 87A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  235. 87B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  236. 87C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  237. 87D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  238. 88 Payment of allowances and remuneration to members of certain bodies connected with the health services.
  239. 89 Superannuation of officers of certain hospitals.
  240. 90 Appointment of Commissioner and tenure of office.
  241. 91 Salary and pension of Commissioner.
  242. 92 Administrative provisions.
  243. 92A Appointment of acting Commissioner.
  244. 93 Bodies and action subject to investigation.
  245. 94 Provisions relating to complaints.
  246. 95 Application of certain provisions of the Parliamentary Commissioner Act 1967.
  247. 95A Consulting other Commissioners.
  248. 96 Reports by Commissioner.
  249. 97 Interpretation of Part VI.
  250. 98 Charges in respect of non-residents.
  251. 99 Evasion of charges.
  252. 99ZA Recovery of charges and payments.
  253. 99ZB
  254. 99A Holidays for patients etc.
  255. 100 Accommodation for persons displaced in course of development.
  256. 101 Protection of Health Boards and Common Services Agency.
  257. 102 State hospitals.
  258. 103 Arbitration.
  259. 104 Exemption from stamp duty.
  260. 104A Exemption from stamp duty land tax
  261. 105 Orders, regulations and directions.
  262. 106 Supplementary regulatory powers.
  263. 107 Local enactments.
  264. 108 Interpretation and construction.
  265. 109 Transitional provisions and savings, consequential amendments and repeals.
  266. 110 Citation, extent and commencement.
  267. SCHEDULE 1 Health Boards
  268. SCHEDULE 1A Health Board elections
  269. SCHEDULE 2
  270. SCHEDULE 3 The Planning Council
  271. SCHEDULE 4 University Liaison Committees
  272. SCHEDULE 5 The Agency
  273. SCHEDULE 5A Healthcare Improvement Scotland
  274. SCHEDULE 6
  275. SCHEDULE 7 The Research Trust
  276. SCHEDULE 7A National Health Service Trusts
  277. SCHEDULE 7B Financial Provisions relating to NHS Trusts
  278. SCHEDULE 8 The Tribunal
  279. SCHEDULE 9 Additional Provisions as to Prohibition of Sale of Medical Practices
  280. SCHEDULE 11 Additional Provisions as to Regulations for the Making and Recovery of Charges
  281. SCHEDULE 12 Inquiries
  282. SCHEDULE 13 Acquisition of Property Other than Land
  283. SCHEDULE 14 Action not subject to investigation by the Commissioner
  284. SCHEDULE 15 Transitional Provisions and Savings
  285. SCHEDULE 16 Consequential Amendments of Enactments
  286. SCHEDULE 17 Repeals

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286 provisions

SCHEDULE 12 Inquiries

Section 76. 1 The Secretary of State shall appoint a person to hold the inquiry and to report thereon to him. 2 The Secretary of State or the person appointed to hold the inquiry shall send to any person who appears to them to be interested, notification of the time when and the place where the inquiry is to be held. 3 The person appointed to hold the inquiry may by notice require any person— (a) to attend at the time and place set forth in the notice, to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry; or (b) to furnish within such reasonable period as is specified in the notice such information relating to any matter in question at the inquiry as the person appointed to hold the inquiry may think fit, and as the person so required is able to furnish; but— (i) no person shall be required in obedience to such a notice to attend at any place which is more than 10 miles from the place where he resides unless the necessary expenses are paid or tendered to him; and (ii) nothing in this paragraph shall empower the person appointed to hold the inquiry to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law. 4 The person appointed to hold the inquiry may administer oaths and examine witnesses on oath, and may accept in lieu of evidence on oath by any person a statement in writing by that person. 5 Any person who refuses or wilfully neglects to attend in obedience to a notice under paragraph 3, or to give evidence, or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or document which he may be required by any such notice to produce, or who refuses or wilfully neglects to furnish any information which he is required to furnish under sub-paragraph (b) of paragraph 3, shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale or to imprisonment for a period not exceeding 3 months. 6 The expenses incurred by the Secretary of State in relation to any inquiry held under this Act (including a reasonable sum for the services of any officer engaged in the inquiry) shall be paid by such of the parties to the inquiry in such proportions as the Secretary of State may order. 7 The Secretary of State may make orders as to the expenses incurred by the parties appearing at any such inquiry and as to the parties by whom such expenses shall be paid. 8 Any order by the Secretary of State under paragraph 6 or paragraph 7 may be enforced in like manner as a recorded decree arbitral.

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SCHEDULE 13 Acquisition of Property Other than Land

Section 79. 1 Where under this Act, in connection with the acquisition of any premises, the Secretary of State proposes to acquire any equipment, furniture or other moveable property used in or in connection with the premises, he may, at any time after the acquisition of the premises (in the case of acquisition by agreement) or at any time after the service of a notice to treat (in the case of a compulsory acquisition of premises), serve a notice on the owner of the premises specifying the property proposed to be acquired and specifying the time within which and the manner in which any objection to such acquisition may be made. 2 If any objection is duly made the Secretary of State shall afford to the said owner an opportunity of appearing before, and being heard by, a person appointed by him for the purpose; and after considering any such objection and the report of the person so appointed by him, the Secretary of State shall either withdraw the notice aforesaid or serve upon the owner a notice confirming that notice. 3 The property with respect to which a notice is served under paragraph 1 and is not withdrawn shall— (a) if no objection is duly made to the notice, vest in the Secretary of State at the expiration of the time for making such an objection; (b) if such an objection is duly made and the notice is confirmed by a notice served under paragraph 2, vest in the Secretary of State on the service of the last mentioned notice; and shall in each case vest free of any pledge, lien or right in security. 4 Where any property is acquired in accordance with this Schedule there shall be paid by way of compensation to the owner of the property concerned a sum equal to the price which he might reasonably have been expected to have obtained upon a sale of the property effected by him immediately before the acquisition of the property by the Secretary of State; and any dispute as to the amount of such compensation shall be determined by arbitration; and the compensation shall accrue due at the time when the property vested in the Secretary of State. 5 Where property in respect of which compensation is payable as aforesaid was, immediately before the acquisition thereof by the Secretary of State, in the possession of some person by virtue of a hire purchase agreement, that person may, by a notice served on the Secretary of State, make a claim to have apportioned to him such part of the compensation as may be specified in his claim; and in default of agreement between the parties the claim shall be determined by arbitration, and the arbiter may apportion the compensation between the owner and the other person in such manner as appears to him to be just. 6 Any such compensation shall carry interest, as from the time when it accrues due until payment, at such rate as the Treasury may from time to time by order prescribe. 7 Where any sum by way of compensation is paid in accordance with this Schedule in respect of any property and, at the time when the compensation accrues due, the property is subject to any pledge, lien or right in security, the sum so paid shall be deemed to be subject to that pledge, lien or right.

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SCHEDULE 14 Action not subject to investigation by the Commissioner

Section 93. 1 Action taken by medical practitioners, dental practitioners, ophthalmic or dispensing opticians or pharmacists in pursuance of their contracts with Health Boards under Part II or with Executive Councils under Part IV of the National Health Service (Scotland) Act 1947. 2 Action taken in connection with the diagnosis of illness or disease or the care or treatment of a patient, being action which, in the opinion of the Commissioner, was taken solely in the exercise of clinical judgment, whether formed by the person taking the action or by any other person. 3 Action taken by a Health Board or a Joint Ophthalmic Committee in the exercise of functions under— (a) the National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1974, or (b) (c) any regulations amending or replacing those regulations , or (d) any regulations revoked by any of the regulations mentioned in paragraphs (a) and (c). 4 Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to service under this Act or any Act relating to the National Health Service repealed by this Act. 5 Action taken in matters relating to contractual or other commercial transactions other than in matters arising from arrangements between a body subject to investigation and an authority or body outwith the health service for the provision of services to patients by that authority or body. 6 Action which has been or is the subject of an inquiry under section 69 of the National Health Service (Scotland) Act 1947 or section 76 of this Act. 7 Action in relation to which the protective functions of the Mental Welfare Commission have been, are being or may be exercised under the Mental Health (Scotland) Act 1984.

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SCHEDULE 15 Transitional Provisions and Savings

Section 109. General 1 (1) In so far as— (a) any agreement, appointment, apportionment, authorisation, determination, scheme, instrument, order or regulation made by virtue of an enactment repealed by this Act, or (b) any approval, consent, direction, or notice given by virtue of such an enactment, or (c) any complaint made or investigation begun by virtue of such an enactment, or (d) any other proceedings begun by virtue of such an enactment, or (e) anything done or having effect as if done, could, if a corresponding enactment in this Act were in force at the relevant time, have been made, given, begun or done by virtue of the corresponding enactment, it shall, if effective immediately before the corresponding enactment comes into force, continue to have effect thereafter as if made, given, begun or done by virtue of that corresponding enactment. (2) Where— (a) there is any reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or to a thing omitted, or to an event which has occurred, under or for the purposes of or by reference to or in contravention of any provisions of this Act, then, (b) that reference shall be construed (subject to its context) as including a reference to the corresponding thing done or required or authorised to be done, or omitted, or to the corresponding event which occurred, as the case may be, under or for the purposes of or by reference to or in contravention of any of the corresponding provisions of the repealed enactments. 2 Where any enactment passed before the commencement of this Act, or any instrument or document, refers either expressly or by implication to an enactment repealed by this Act, the reference shall (subject to its context) be construed as or as including a reference to the corresponding provision of this Act. 3 Where any period of time specified in an enactment repealed by this Act is currrent at the commencement of this Act, this Act has effect as if its corresponding provision had been in force when that period began to run. Section 37 of the National Health Service (Scotland) Act 1947 4 Notwithstanding the repeal by this Act of section 37 of the National Health Service (Scotland) Act 1947 (compensation for loss of right to sell a medical practice) that section shall continue to have such effect as may be necessary for the purposes of sections 1 to 7 of the National Health Service (Amendment) Act 1949. The saving made by this paragraph applies to section 51 of the National Health Service Reorganisation Act 1973 (which amended section 37 of the National Health Service (Scotland) Act 1947), and to any regulations made under that section 37 which were in force immediately before the coming into force of this Act. Persons authorised to provide pharmaceutical services 5 A person who for three years immediately before 16th December 1911 acted as a dispenser to a medical practitioner or a public institution is in the same position in relation to the undertaking referred to in section 28(2) regarding the dispensing of medicines as a registered pharmacist. Disqualification of practitioners 6 Where by virtue of section 43(8) of the National Health Service (Scotland) Act 1947 a person’s name was disqualified for inclusion in any list referred to in section 43(1) of that Act, that person’s name is disqualified for inclusion in any list referred to in section 29(1), until such time as the Tribunal direct to the contrary. Section 4 of the Health Services and Public Health Act 1968 7 An undertaking given before the coming into force of section 4(1) of the Health Services and Public Health Act 1968 in respect of payment under section 4 of the National Health Service (Scotland) Act 1947 (accommodation available on part payment) continues to have the same effect as it had immediately before the coming into force of this Act. Compensation of officers 8 Notwithstanding the repeal by the National Health Service (Scotland) Act 1972 of section 67 of the said Act of 1947, regulations made under paragraphs (c) to (e) of subsection (1) of that section shall continue to have effect until revoked by regulations under this Act. Vehicles under section 33 of the Health Services and Public Health Act 1968 9 The provision of vehicles as mentioned in section 33 of the Health Services and Public Health Act 1968, and the taking of any such action as is mentioned in subsection (2) of that section, shall for the purposes of the National Health Service (Scotland) Act 1947 be treated as having been included among hospital and specialist services provided under Part II of that Act of 1947 as from its commencement. Saving of amendments 10 Notwithstanding the repeal by this Act of sections 53 and 74 and Part I of Schedule 11 to the National Health Service (Scotland) Act 1947, and section 64(1) and Schedule 6 to the National Health Service (Scotland) Act 1972 and section 57(1) and Schedule 4 to the National Health Service Reorganisation Act 1973— (a) the amendments made by Part I of Schedule 11 to that Act of 1947 to the Public Health (Scotland) Act 1897, and (b) the amendments made by section 53 and paragraphs 37 to 77, 82, 83(a), 84 to 92, . . . 95 to 97, 101, 102, 104 to 107(a), 108 to 115, 117, 119 to 122, 129, 135(b) to (c), 136(b), 138 to 140, 150, 152(b), 155 to 156A of Schedule 6 to that Act of 1972, and (c) the amendments made by paragraphs 69(2), 82, 96, 102, 106, 109, 123, 128, 130, 133, 134, 140 and 141 of Schedule 4 to that Act of 1973, shall continue to have the same effect as they had immediately before the coming into force of this Act, subject to any amendments made under this Act. Transfer of property of voluntary organisations 11 Notwithstanding the repeal by this Act of section 23(2) of the National Health Service (Amendment) Act 1949, section 23(1) of that Act shall be deemed to have had effect as from 5th July 1948. Investigations by the Health Service Commissioner for Scotland 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Permission deemed to have been granted under section 9(5) of the Health Services Act 1976 13 Where under any arrangements terminated by virtue of section 9(5) of the Health Services Act 1976— (a) a person was deemed to have been granted under that section permission to use accommodation and facilities to the same extent and for the same purposes as were covered by those arrangements, then (b) that person shall be deemed to have been granted under section 64 of this Act the like permission (and the provisions of that section shall apply accordingly). Borrowing from the Hospital Trust by Boards of Management and Regional Hospital Boards 14 Notwithstanding the repeal by this Act of the provisions of section 6(2) and (3) of the Hospital Endowments (Scotland) Act 1971 relating to borrowings from relevant endowments by Boards of Management and Regional Hospital Boards, regulations made under that section shall continue to have effect until revoked by regulations under this Act. Health functions of local authorities 15 Notwithstanding the repeal by this Act of section 27 of the National Health Service (Scotland) Act 1947 (functions of local authorities relating to the prevention of illness, care and after-care), that section shall continue to have the same effect for the purposes of section 1(4) of the Social Work (Scotland) Act 1968 as it had immediately before the coming into force of this Act.

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SCHEDULE 16 Consequential Amendments of Enactments

The Polish Resettlement Act 1947 1 In section 11(3)(b) (application to Scotland), for the words “the National Health Service (Scotland) Acts 1947 to 1972" substitute the words “the National Health Service (Scotland) Act 1978". The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 2 In section 1(1)(d) (compulsory purchase of land by the Secretary of State), for the words “:58 of the National Health Service (Scotland) Act 1972" substitute the words “79 of the National Health Service (Scotland) Act 1978". The National Assistance Act 1948 3 (1) In section 47 (removal of persons in need of care)— (a) in subsection (8), for the words “Acts 1947 to 1972" substitute the words “Act 1978"; (b) in subsection (10), for the words “section sixteen of the National Health Service (Scotland) Act 1947" substitute the words “ section 45 of the National Health Service (Scotland) Act 1978" and for the word “sixteen" substitute the word “45". (2) In section 64 (interpretation), in the definition of “hospital", for the words “eighty" and “1947" substitute the words “108" and “1978" respectively; (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Law Reform (Personal Injuries) Act 1948 4 In seciton 2(4) (measure of damages), for the words “National Health Service (Scotland) Act 1947" substitute the words “National Health Service (Scotland) Act 1978". The Children Act 1948 5 In section 59(1) (interpretation), in the definition of “hospital", for the words “section eighty of the National Health Service (Scotland) Act 1948" substitute the words “section 108(1) of the National Health Service (Scotland) Act 1978". The Nurseries and Child Minders Regulation Act 1948 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Nurses (Scotland) Act 1951 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12, 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Public Bodies (Admission to Meetings) Act 1960 14 In paragraph (2) of the Schedule (bodies to which Act applies), in sub-paragraph (d), for the words “1972" substitute the words “ 1978". 15—18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Redundancy Payments Act 1965 20 In Schedule 3 (National Health Service Employers), in paragraph 7, for the words “section 13(8) of the National Health Service (Scotland) Act 1972" substitute the words “section 2(11) of the National Health Service (Scotland) Act 1978". The National Health Service 1966 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 In section 11, for words “1947" substitute the words “1978". The Superannuation (Miscellaneous Provisions) Act 1967 24 In section 7(5) (superannuation provisions of the National Health Service Acts), for the words “Acts 1947 to 1972" substitute the words “Act 1978". 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Health Services and Public Health Act 1968 26 (1) In section 59(2) (extension of power), for the words “IV" and “1947" substitute the words “II" and “1978" respectively. (2) In section 63 (provision of instruction for employees)— (a) in subsection 2(d), for the words “IV" and “1947" substitute the words “II" and “1978" respectively; (b) in subsection (8), in paragraph (b) of the definition of “the relevant enactmetns", for the words “section 6 of the Natioanl Haelth Service (Scotland) Act 1972" substitute the words “section 39 of the National Health Service (Scotland) Act 1978". 27 In section 64 (financial assistance to voluntary organisations)— (a) in subsection (4)(a), for the words “1972" substitute the words “1978"; (b) in subsection (4)(b), for the words “IV" and “1947" substitute the words “II" and “1978". 28 In section 65(6) (assistance by local authorities to voluntary organisations), in paragraph (c) of the substituted subseciton (2B), for the words “1947 to 1972" substitute the words “1978". The Social Work (Scotland) Act 1968 29 (1) In section 60(1)(f) (control of certain establishments), for the words “1947 or the National Health Service (Scotland) Act 1972" substitute the words “1978". (2) In section 86(3) for the words “Part II of the |National Health Service (Scotland) Act 1947" substitute the wprds “Part II of the National Health Service (Scotland) Act 1978". (3) In section 94(1), in the definition of “hospital", for the words “1947" substitute the words “1978". The Medicines Act 1968 30 In section 131(5) (meaning of certain expressions), for the words “Acts 1947 to 1972" substitute the words “Act 1978". 31 In section 132(1) (interpretation), in the definition of “health centre", for the words “section 2 of the National Health Service (Scotland) Act 1972" substitute the words “section 36 of the National Health Service (Scotland) Act 1978". The Post Office Act 1969 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Chronically Sick and Disabled Persons Act 1970 33 In section 17(1) (separation of younger from older patients), for the words “1972" substitute the words “1978". 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Tribunals and Inquiries Act 1971 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Finance Act 1971 36 In Schedule 13 (health service agreement) in paragraph 1(1) for the words “1947" substitute the words “1978". 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Local Goverment (Scotland) Act 1973 38 In section 197 (inspection of documents) for the words “1972" substitute the words “1978". The Trade Union and Labour Relations Act 1974 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Social Security Act 1975 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Criminal Procedure (Scotland) Act 1975 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The House of Commons Disqualification Act 1975 42 In Schedule 1 in Part II (bodies of which all members are disqualified), in the entry relating to the Medical Practices Committee for the words “section 35 of the National Health Service (Scotland) Act 1947" substitute the words “section 3 of the National Health Service (Scotland) Act 1978". 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Patents Act 1977 45 In section 56(4), in paragraph (a), for the words “Part IV of the National Health Service (Scotland) Act 1947" substitute the words “Part II of the National Health Service (Scotland) Act 1978"

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SCHEDULE 17 Repeals

Chapter | Short Title | Extent of Repeal 10 & 11 Geo. 6. c. 27. | The National Health Service (Scotland) Act 1947. | The whole Act. 12, 13 & 14 Geo. 6. c. 93. | The National Health Service (Amendment) Act 1949. | Section 8. Sections 10 and 11. Sections 14 to 18. Sections 20(1), (3) and 21. Sections 23 and 28. In section 32(1), the words “and this Act" where they second occur to “1947 and 1949". In the Schedule, Part II. 14 & 15 Geo. 6. c. 31. | The National Health Service Act 1951. | The whole Act. 15 & 16 Geo. 6 & 1 Eliz. 2. c. 25. | The National Health Service Act 1952. | The whole Act. 1 & 2 Eliz. 2. c. 41. | The Hospital Endowments (Scotland) Act 1953. | The whole Act. 9 & 10 Eliz. 2. c. 19. | The National Health Service Act 1961. | The whole Act. 1964 c. 60 | The Emergency Laws (Re-enactments and Repeals) Act 1964. | Section 5. In section 15, the words “the National Health Service (Scotland) Acts 1947 to 1972". 1966 c. 8. | The National Health Service Act 1966. | In section 12(2), from the words “so far as" where they second occur to the end. 1968 c. 46. | The National Health Services and Public Health Act 1968. | In section 63(8), in paragraph (b) of “the relevant enactments", the words “the 1947 Act". In section 64(4), in the substituted paragraph (a), the words “the National Health Service (Scotland) Act 1947". In section 79(1), from the words “and the" where they second occur to the words “1947 to 1968". In Schedule 2, Part II. In Schedule 3, Part I. 1968 c. 67. | The Medicines Act 1968. | In Schedule 5, paragraph 12. 1971 c. 8. | The Hospital Endowments (Scotland) Act 1971. | The whole Act. 1972 c. 58. | The National Health Service (Scotland) Act 1972. | The whole Act except sections 24(2), 26 to 28, 32 to 36, 52, 53, 61(1)-(3), and Schedule 4. 1973 c. 32. | The National Health Service Reorganisation Act 1973. | The whole Act. 1976 c. 48 | The Parliamentary and other Pensions and Salaries Act 1976. | Section 7. 1976 c. 59. | The National Health Service (Vocational Training) Act 1976. | The whole Act. 1976 c. 83. | The Health Services Act 1976. | Section 2. Sections 4 and 5. Sections 7 to 11. In section 23 subsections (3) and (4). In Schedule 1, Part VI. Schedule 3. In Schedule 4, Part II.

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