(1) Subsection (2) applies where—
(a) a person is providing a registered independent health care service; and
(b) HIS believes that the absence of a condition in relation to the registration of that service poses a serious risk to the life, health or wellbeing of persons.
(2) HIS may at any time give notice (an “emergency condition notice”) to the person providing the registered independent health care service specifying a condition, in relation to registration, in respect of that risk.
(3) The condition so specified takes effect immediately on receipt of the emergency condition notice.
(4) An emergency condition notice must—
(a) state that, within 14 days after service of the notice, the person to whom it is given may make written representations to HIS concerning any matter which that person wishes to dispute; and
(b) explain the right of appeal conferred by section 10X(1).
(5) HIS must consider any representations made under subsection (4)(a) and, following such consideration, must—
(a) give the person providing the registered independent health care service a condition notice stating that HIS proposes to vary or remove the condition specified in the emergency condition notice; or
(b) notify the person that it does not intend to give such a condition notice.
(6) When notifying a person under subsection (5)(b), HIS must explain the right of appeal conferred by section 10X(1).
(7) Where a condition notice has been given by virtue of subsection (5)(a) containing a proposal to remove the condition, HIS must implement the proposal unless it appears to it that it would be inappropriate to do so.
10W Application of Act to condition notices following emergency condition notices
(1) Section 10Z1 does not apply to a condition notice given by virtue of section 10V(5)(a).
(2) The reference in section 10Z2(5) to a proposal in relation to which a condition notice has been given does not include a reference to a proposal contained in a condition notice given by virtue of section 10V(5)(a) to remove the condition mentioned in that provision.
(3) The reference to a proposal in section 10Z4(1) does not include a reference to a proposal contained in a condition notice given by virtue of section 10V(5)(a) to remove the condition mentioned in that provision.
(1) A person—
(a) who is given an emergency condition notice; and
(b) who—
(i) makes no written representations in accordance with section 10V(4)(a); or
(ii) makes such representations but is notified as mentioned in section 10V(5)(b),
may, within 14 days after the relevant date, appeal to the sheriff against the imposition of the condition.
(2) In subsection (1), “ relevant date ” means—
(a) where sub-paragraph (i) of subsection (1)(b) applies, the date of service of the emergency condition notice;
(b) where sub-paragraph (ii) of that subsection applies, the date notification mentioned in that sub-paragraph is given.
(3) The sheriff may, on an appeal under subsection (1)—
(a) direct that the condition specified in the emergency condition notice is to continue to have effect;
(b) direct that the condition is to cease to have effect;
(c) direct that the condition be varied as specified in the direction;
(d) impose an additional condition in relation to the registration.
(1) A person providing a registered independent health care service may apply to HIS—
(a) for the variation or removal of any condition for the time being in force, or for the addition of a condition, in relation to the registration; or
(b) for cancellation of the registration,
but no such application is competent in circumstances mentioned in subsection (2).
(2) The circumstances are that HIS has given the person notice—
(a) under section 10Z(2) of its proposal to cancel the registration (unless HIS has decided not to take that step); or
(b) under section 10Z2(3) of its decision to cancel the registration and the time within which an appeal may be brought has not expired or, if an appeal has been brought, that appeal has not been determined.
(3) An application under subsection (1) must be made in such manner and state such particulars as may be prescribed; and, without prejudice to subsection (1)(b) of section 10Z5, must be accompanied by the fee imposed under subsection (2)(a) or, as the case may be, (c) of that section.
(4) If HIS decides to grant an application under subsection (1)(a) it must give the applicant notice of its decision (stating, where applicable, the condition varied, removed or added) and issue a new certificate of registration.
10Z Further provision as respects notice of proposals
(1) If an application has been made under section 10P and HIS proposes—
(a) to grant that application but to do so subject to a condition which has not been agreed in writing between it and the applicant, it must give the applicant notice of the proposed condition;
(b) to refuse that application, it must give such notice of the proposed refusal.
(2) HIS must give any person who provides a registered independent health care service notice of a proposal to cancel the registration (other than in accordance with an application under subsection (1)(b) of section 10Y).
(3) HIS must give an applicant under subsection (1)(a) of section 10Y notice of a proposal to refuse that application.
(4) A notice under this section must give HIS's reasons for its proposal.
10Z1 Right to make representations to HIS as respects proposals
(1) A condition notice or a notice under section 10Z must state that, within 14 days after service of the notice, the person to whom it is given may make written representations to HIS concerning any matter which that person wishes to dispute.
(2) Where such a notice has been given—
(a) HIS may not decide to implement the proposal until (whichever first occurs)—
(i) where the person to whom the notice was given makes such representations as are mentioned in subsection (1), it has considered those representations;
(ii) that person notifies HIS in writing that such representations will not be made;
(iii) the period of 14 days mentioned in that subsection elapses without such representations being made and without HIS receiving such notification; and
(b) where the circumstances are as mentioned in paragraph (a)(ii) or (iii) above, HIS must implement the proposal unless it appears to it that it would be inappropriate to do so.
(1) If HIS decides to grant unconditionally an application made under section 10P, or to grant such application subject only to a condition which has been agreed in writing between HIS and the applicant, it must give the applicant notice of its decision.
(2) A notice under subsection (1) must state the agreed condition.
(3) If HIS decides to implement a proposal in relation to which it has given a person a condition notice or a notice under section 10Z, it must give that person notice of the decision.
(4) A notice under subsection (3) must—
(a) explain the right of appeal conferred by section 10Z4; and
(b) in the case of a decision to implement a proposal—
(i) in relation to which a condition notice has been given, state the condition as varied, the condition which is removed or (as the case may be) the additional condition imposed; or
(ii) of which notice has been given under subsection (1)(a) of section 10Z, state the condition subject to which the application is granted.
(5) Subject to subsection (6), a decision to implement a proposal in relation to which a condition notice has been given or of which notice has been given under subsection (1)(a) or (2) of section 10Z does not take effect—
(a) if no appeal is brought, until the period of 14 days referred to in section 10Z4(1) has elapsed; and
(b) if an appeal is brought, until that appeal is finally determined or is abandoned.
(6) Where the decision is to implement a proposal of which notice has been given under subsection (1)(a) of section 10Z and the applicant notifies HIS in writing, before the period of 14 days referred to in section 10Z4(1) has elapsed, that there will be no appeal, the decision takes effect on receipt of that notification.
Without prejudice to the generality of section 10Q(2) or 10U, a condition imposed under either of those provisions in relation to an independent health care service may limit the number of persons to whom the service may be provided.
10Z4 Appeal against decision to implement proposal
(1) A person given notice under section 10Z2(3) of a decision to implement a proposal may, within 14 days after that notice is given, appeal to the sheriff against the decision.
(2) The sheriff may, on appeal under subsection (1), confirm the decision or direct that is not to have effect; and where the registration is not to be cancelled may (either or both)—
(a) vary or remove any condition for the time being in force in relation to the registration;
(b) impose an additional condition in relation to the registration.
(1) The Scottish Ministers, after consulting such persons, or groups of persons, as they consider appropriate on the potential effect of so prescribing on the services which the persons, or persons they represent, provide, may prescribe—
(a) maximum fees which may be imposed by HIS under this section;
(b) circumstances in which fees so imposed are or are not to be payable.
(2) Subject to the provisions of this section, HIS must impose fees in respect of—
(a) any application made for registration of an independent health care service or for cancellation of any such registration;
(b) the annual continuation of any such registration;
(c) any application made for the variation or removal of a condition for the time being in force in relation to any such registration;
(d) issuing to a person a new certificate of registration—
(i) at the instance of that person;
(ii) by virtue of any application by that person; or
(iii) by virtue of any new information provided by that person in pursuance of regulations under this group of sections (within the meaning of section 10S(2)(a)).
(3) Without prejudice to subsection (1)—
(a) HIS must, in fixing fees under this section, have regard to its reasonable expenses in carrying out its functions; but
(b) where it appears to HIS to be appropriate it may charge a nominal fee, or remit the fee altogether.
(1) Regulations may—
(a) make provision about the keeping of registers by HIS;
(b) make provision about registration under section 10P and in particular about—
(i) the making of applications for such registration;
(ii) the content of certificates of registration;
(iii) categories of applicant who cannot competently make certain applications;
(c) require HIS to secure that, on such conditions, in such circumstances and, subject to subsection (2) on payment of such fees as may be specified in regulations, any person is to be afforded access to, and provided with a copy of an entry in or with an extract from, a register kept by HIS;
(d) except such part of a register as may be specified in the regulations from any requirement made by virtue of paragraph (c);
(e) confer additional functions on HIS in relation to registration under section 10P.
(2) Regulations under paragraph (c) of subsection (1) may specify circumstances in which the fees mentioned in that paragraph are not to be payable; and the fees must in any event not be payable in any case where HIS consider it appropriate to provide the copy or extract in question free of charge.
10Z7 Regulations: independent health care services
(1) Regulations may impose, in relation to independent health care services, any requirements which the Scottish Ministers consider appropriate for the purposes of this Part.
(2) Without prejudice to the generality of subsection (1) regulations may make it an offence to contravene or fail to comply with—
(a) any specified provision of the regulations; or
(b) a condition of registration for the time being in force.
(3) A person who commits an offence under the regulations is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) Before the Scottish Ministers make regulations containing provision as mentioned in subsection (2), they must consult such persons, or groups of persons, as they consider appropriate.
10Z8 Complaints about independent health care services
(1) HIS must establish a procedure by which a person, or someone acting on a person's behalf, may make complaints (or other representations) in relation to the provision to the person of an independent health care service or about the provision of an independent health care service generally.
(2) The procedure must provide for it to be available whether or not procedures established by the provider of the service for making complaints (or other representations) about that service have been or are being pursued.
(3) Before establishing a procedure under subsection (1), HIS must consult the Scottish Public Services Ombudsman and such persons, or groups of persons, as it considers appropriate on its proposals for such a procedure.
(4) HIS must keep the procedure under review and must vary it whenever, after such consultation, it considers it appropriate to do so.
(5) HIS must give such publicity to the procedure (including the procedure as varied under subsection (4)) as it considers appropriate and must give a copy of the procedure to any person who requests it.
(1) Any person who—
(a) provides an independent health care service while it is not registered under section 10P; or
(b) with intent to deceive, pretends that an independent health care service is so registered,
commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
(2) Any person who fails to comply with section 10Q(5) commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Any person who, in an application—
(a) for registration of an independent health care service; or
(b) for variation or removal of a condition in force in relation to such a registration,
knowingly makes a statement which is false or misleading in a material respect commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Where an offence under this group of sections (within the meaning of section 10S(2)(a)), or under regulations made under those sections, committed by—
(a) a body corporate other than a local authority, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who—
(i) is a director, manager or secretary of the body corporate; or
(ii) purports to act in any such capacity;
(b) a firm, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who—
(i) is a partner in the firm; or
(ii) purports to act in that capacity;
(c) an unincorporated association other than a firm, is committed with the consent or connivance of, or is attributed to any neglect on the part of, a person who—
(i) is concerned in the management or control of the association; or
(ii) purports to act in the capacity of a person so concerned,
the person (as well as the body corporate or, as the case may be, firm or association) commits the offence and is liable to be proceeded against and punished accordingly.
(1) HIS may cause an inquiry to be held into any matter connected with—
(a) the exercise of its functions; or
(b) the provision of an independent health care service or a service provided under the health service or under the 2021 Act.
(2) Before there is commenced an inquiry under subsection (1), HIS may direct that it be held in private; but where no such direction has been given the person holding the inquiry may if that person thinks fit hold it, or any part of it, in private.
(3) Subject to subsection (4), subsections (2) to (6) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) (provisions relating to local inquires) apply in relation to an inquiry under subsection (1) as they apply in relation to a local inquiry under that section.
(4) For the purposes of an inquiry under subsection (1), any reference in those subsections which, by virtue of the Scotland Act 1998 (c. 46), falls to be construed as a reference to—
(a) the Scottish Ministers, is to be construed as a reference to HIS; and
(b) a member of the staff of the Scottish Ministers, is to be construed as a reference to a member of staff of HIS.
(5) The expenses incurred by HIS in relation to an inquiry under subsection (1) (including such reasonable sum as HIS may determine for the services of any of its staff engaged in the inquiry) must, unless HIS is of the opinion that those expenses should be defrayed in whole or in part by it, be paid by such party to the inquiry as it may direct; and HIS may certify the amount of the expenses so incurred.
(6) Any sum certified under subsection (5) and to be defrayed in accordance with a direction under that subsection is a debt due by the party directed and is to be recoverable accordingly.
(7) In relation to an inquiry under subsection (1), HIS may make an award as to the expenses of the parties and as to the parties by whom such expenses are to be paid.
10Z13 Arrangements entered into by certain bodies: services to be registered
Where, in the performance of its functions—
(a) a local authority;
(b) a Health Board; or
(c) a Special Health Board,
makes arrangements with any person to provide an independent health care service, it must ensure that the service, when provided, is registered under section 10P.
10Z14 Local authorities and other bodies: awareness of HIS reports etc.
(1) For the purposes of its functions as they relate to the provision of independent health care services (including the making of arrangements with other persons to provide such services)—
(a) a local authority;
(b) a Health Board;
(c) a Special Health Board,
must take into account the matters mentioned in subsection (3).
(2) In carrying out its duty under subsection (1), a local authority, Health Board or Special Health Board must have regard to any guidance issued by the Scottish Ministers in respect of that duty.
(3) The matters are such—
(a) reports;
(b) information;
(c) notices,
prepared, disseminated, given or otherwise produced by HIS as are relevant to the provision of the services mentioned in subsection (1) or, as the case may be, to the organisation or co-ordination of those services.
(1) In this Part, any reference to a notice being given to a person providing, or seeking to provide, an independent health care service is to be construed as a reference to its being—
(a) delivered, where the person is—
(i) an individual, to that individual;
(ii) a body corporate, to the secretary or clerk of that body; or
(iii) a firm, to a partner of that firm; or
(b) sent by post, properly addressed to the person, in a registered letter or by the recorded delivery service,
but a notice sent by post is deemed not given until the third day after the day of posting.
(2) For the purposes of subsection (1), a letter is properly addressed to—
(a) a body corporate, if addressed to the body at its registered or principal office;
(b) a firm, if addressed to the firm at its principal office; or
(c) any other person, if addressed to the person at the address last known.
(1) HIS must establish under paragraph 8(1) of Schedule 5A a committee to be known as the Scottish Health Council.
(2) When the Scottish Health Council is established—
(a) HIS must delegate to the Council the functions mentioned in section 10C(1)(b) and (c); and
(b) the Scottish Ministers are to appoint a member of HIS to chair the Council.
(3) The Scottish Ministers may, by order—
(a) modify subsection (2)(a) in relation to the functions of HIS which must be delegated to the Scottish Health Council; or
(b) dissolve the Council.
(4) Where the Scottish Ministers make an order under subsection (3)(b) dissolving the Scottish Health Council, subsection (1) has no effect for so long as the order is in force in that respect.
(5) This section is without prejudice to Schedule 5A.
For the purposes of section 12CA, the functions conferred on, delegated to or otherwise exercisable by HIS are to be treated as functions transferred from a health service body; and for the purposes of that transfer—
(a) NHS Quality Improvement Scotland is to be treated as the transferor authority;
(b) HIS is to be treated as the transferee authority; and
(c) the date on which section 10A is commenced is to be treated as the transfer date.
10Z18 “ Provide ” in relation to independent health care services
In this Part, “ provide ” in relation to an independent health care service, means to carry on or manage such a service; and related expressions are to be construed accordingly.
10Z19 Duty of HIS to consult the Mental Welfare Commission for Scotland
HIS must, in the exercise of its functions relating to the provision of guidance, advice or information, consult the Mental Welfare Commission for Scotland in every case in which it appears to HIS appropriate having regard to the Commission's functions under sections 5(b) and 10 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) It shall be the duty of the Scottish Hospital Endowments Research Trust (referred to in this Act as “the Research Trust”) to hold and administer funds on trust for the purpose of assisting the conduct of research into any matters relating to the causation, prevention, diagnosis or treatment of illness or to the development of medical or surgical appliances, including hearing aids.
(4) The Research Trust shall have power to accept, hold and administer, in accordance with Schedule 7, any property on trust for the purpose aforesaid.
(4A) The Research Trust shall have power to engage in activities intended to stimulate the giving of money or other property to assist them in carrying out the purpose aforesaid.
(4B) . . . the activities authorised by subsection (4A) include public appeals or collections, and the soliciting of sponsorship, donations, legacies, bequests and gifts.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The Research Trust shall cause proper accounts to be kept of the capital, income and expenditure vested in, received by, and expended by them . . . .
(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) The Research Trust shall prepare an annual report of their proceedings which shall include an abstract of their accounts.
(8) Schedule 7 shall have effect in relation to the Research Trust.
The Secretary of State may direct a Health Board to delegate to an NHS trust or NHS trusts some or all of their functions—
(a) under section 2(1) of making arrangements on his behalf for the provision of services mentioned in Part II; or
(b) relating to pilot schemes under Part I of the National Health Service (Primary Care) Act 1997; or
(c) relating to arrangements under section 17C for the provision of personal medical services and personal dental services.
(1) Subject to subsection (5), this section applies to any person who, immediately before an NHS trust’s operational date—
(a) is employed by a Health Board or the Agency (in this section and section 12C referred to as a “transferor authority") to work solely at, or for the purposes of, a hospital or other establishment or facility which is to become the responsibility of the trust; or
(b) is employed by a transferor authority to work at, or for the purposes of, any such hospital, establishment or facility and is designated for the purposes of this section by a scheme made by the body specified as mentioned in paragraph 3(1)(f ) of Schedule 7A.
(2) A scheme under this section shall not have effect unless approved by the Secretary of State.
(3) Subject to section 12C, the contract of employment between a person to whom this section applies and the transferor authority shall have effect from the operational date as if originally made between him and the NHS trust.
(4) Without prejudice to subsection (3)—
(a) all the transferor authority’s rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of this section be transferred to the NHS trust on its operational date; and
(b) anything done before that date by or in relation to the transferor authority in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the NHS trust.
(5) In any case where—
(a) an order under section 12A(1) provides for the establish-ment of an NHS trust with effect from a date earlier than the operational date of the trust; and
(b) on or after that earlier date but before its operational date the NHS trust makes an offer of employment by the trust to a person who at that time is employed by a Health Board or the Agency to work, whether solely or otherwise, at, or for the purposes of, the hospital or other establishment or facility which is to become the responsibility of the trust; and
(c) as a result of the acceptance of the offer, the person to whom it was made becomes an employee of the NHS trust,
subsections (3) and (4) shall have effect in relation to that person’s contract of employment as if he were a person to whom this section applies and any reference in those subsections to the operational date of the trust were a reference to the date on which he takes up employment with the trust.
(6) Subsections (3) and (4) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only of the change in employer effected by this section.
(7) A scheme under this section may designate a person either individually or as a member of a class or description of employees.
12C Supplementary provisions as to transfer of staff.
(1) In the case of a person who falls within subsection (1)(b) of section 12B, a scheme under that section may provide that, with effect from the NHS trust’s operational date, his contract of employment (in this section referred to as “ his original contract ”) shall be treated in accordance with the scheme as divided so as to constitute—
(a) a contract of employment with the NHS trust; and
(b) a contract of employment with the transferor authority by whom he was employed before that date.
(2) Where a scheme makes provision as mentioned in subsection (1)—
(a) the scheme shall secure that the benefits to the employee under the two contracts referred to in that subsection, when taken together, are not less favourable than the benefits under his original contract;
(b) section 12B shall apply in relation to the contract referred to in subsection (1)(a) as if it were a contract transferred under that section from the transferor authority to the NHS trust;
(c) so far as necessary to preserve any rights and obligations, the contract referred to in subsection (1)(b) shall be regarded as a continuation of the employee’s original contract; . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where, as a result of the provisions of section 12B, by virtue of his employment during any period after the NHS trust’s operational date—
(a) an employee has contractual rights against an NHS trust to benefits in the event of his redundancy, and
(b) he also has statutory rights against the NHS trust under Part XI of the Employment Rights Act 1976 (redundancy payments),
any benefits provided to him by virtue of the contractual rights referred to in paragraph (a) shall be taken as satisfying his entitlement to benefits under that Part of that Act.
12CA Transfer of staff among health service bodies.
(1) This section applies to any person who is—
(a) employed by a health service body (the transferor authority) and is transferred to another health service body (the transferee authority) because a function of the transferor authority is transferred to the transferee authority; and
(b) designated for the purposes of this section by a scheme made by the transferor authority.
(2) A scheme under this section shall not have effect unless approved by the Secretary of State.
(3) The contract of employment between a person to whom this section applies and the transferor authority shall have effect from the transfer date as if originally made between him and the transferee authority.
(4) Without prejudice to subsection (3)—
(a) all the transferor authority’s rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of this section be transferred to the transferee authority on the transfer date; and
(b) anything done before the transfer date by or in relation to the transferor authority in respect of that contract shall be deemed from that date to have been done by or in relation to the transferee authority.
(5) Subsections (3) and (4) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only of the change in employer effected by this section.
(6) A scheme under this section may designate a person either individually or as a member of a class or description of employees.
(7) In this section—
a “health service body" is a body mentioned in section 17A(2); and
the “transfer date" is the date on which the function is transferred from the transferor authority to the transferee authority.
12D Transfer of property rights and liabilities to NHS trusts.
(1) The Secretary of State may by order provide for the transfer to an NHS trust, with effect from such date as may be specified in the order, of such of the property, liabilities and obligations of a Health Board, the Agency or the Secretary of State as, in his opinion, need to be transferred to the NHS trust for the purpose of enabling it to carry out its functions.
(2) An order under this section may create or impose, or provide for the creation or imposition of, such new rights, liabilities or obligations in respect of what is transferred or what is retained by a Health Board or the Agency as appear to the Secretary of State to be necessary or expedient.
(3) Nothing in this section affects the power of the Secretary of State or any power of a Health Board or the Agency to transfer property, liabilities or obligations to an NHS trust otherwise than under subsection (1).
(4) Stamp duty shall not be chargeable in respect of any transfer to an NHS trust effected by virtue of an order under this section.
(5) Where an order under this section provides for the transfer—
(a) of land held on lease from a third party, that is to say, a person other than the Secretary of State; or
(b) of any other asset leased or hired from a third party or in which a third party has an interest,
the transfer shall be binding on the third party notwithstanding that, apart from this subsection, it would have required his consent or concurrence, or would have required to be intimated to him.
(6) Any property, liabilities and obligations which are to be transferred to an NHS trust shall be identified by agreement between, on the one hand, the NHS trust and, on the other hand, a Health Board or the Agency; or, in default of agreement, by direction of the Secretary of State.
(7) Where, for the purpose of a transfer pursuant to an order under this section, it becomes necessary to apportion any property, liabilities and obligations, the order may contain such provisions as apear to the Secretary of State to be appropriate for the purpose; and where any such property falls within subsection (5), the order shall contain such provisions as appear to the Secretary of State to be appropriate to safeguard the interests of third parties, including, where appropriate, provision for the payment of compensation of an amount to be determined in accordance with the order.
(8) Without prejudice to section 105(7), an order under this section may include provision for matters to be settled by arbitration by a person determined in accordance with the order.
(1) A land transaction effected by virtue of an order under section 12D(1) is exempt from charge for the purposes of stamp duty land tax.
(2) Relief under this section must be claimed in a land transaction return or an amendment of such a return.
(3) In this section—
“ land transaction ” has the meaning given by section 43(1) of the Finance Act 2003;
“ land transaction return ” has the meaning given by section 76(1) of that Act.
12E Originating capital debt of, and other financial provisions relating to NHS trusts.
(1) Each NHS trust shall have an originating capital of an amount specified in an order made by the Secretary of State with the consent of the Treasury, being an amount representing, subject to subsection (2), the excess of the valuation of the assets which, on or in connection with the establishment of the trust, are or are to be transferred to it (whether before, on or after its operational date) over the amounts of the liabilities which are or are to be so transferred.
(2) In determining the originating capital of an NHS trust, there shall be left out of account such assets or, as the case may be, such liabilities as are, or are of a class, determined for the purposes of this section by the Secretary of State, with the consent of the Treasury.
(3) An NHS trust’s originating capital shall be deemed to have been issued out of moneys provided by Parliament and shall constitute an asset of the Consolidated Fund.
(4) An NHS trust’s originating capital shall be public dividend capital.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) With the consent of the Treasury, the Secretary of State may determine
(a) the dividend which is to be payable at any time on any public dividend capital issued, or treated as issued, under this Act;
(b) the amount of any such public dividend capital which is to be repaid at any time;
(c) any other terms on which any public dividend capital is so issued, or treated as issued
(8) Schedule 7B shall have effect with respect to—
(a) borrowing by NHS trusts;
(b) the limits on their indebtedness;
(c) the payment of additional public dividend capital to them; and
(d) the application of any surplus funds of NHS trusts.
(1) Every NHS trust shall ensure that its revenue is not less than sufficient, taking one financial year with another, to meet outgoings properly chargeable to revenue account.
(2) It shall be the duty of every NHS trust to achieve such financial objectives as may from time to time be set by the Secretary of State with the consent of the Treasury and as are applicable to it; and any such objectives may be made applicable to NHS trusts generally, or to a particular NHS trust or to NHS trusts of a particular description.
(1) Subject to subsection (2), an NHS trust shall have power to accept, hold and administer any property on trust for purposes relating to any service which it is their function to make arrangements for, administer or provide.
(2) The Secretary of State may by order make such provision as he thinks appropriate in relation to the appointment of trustees in respect of an NHS trust for the purpose of holding in trust any property which is to be so held on behalf of the trust; and any such order may include provision as to the persons by whom, the manner in which, the conditions on which and the time within which, such trustees are to be appointed.
(3) Where—
(a) section 82 applies in relation to any endowment or property which is held on trust by a Health Board; and
(b) that endowment or property is, by virtue of an order under section 12D or a request under section 6(1) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), transferred to an NHS trust,
section 82 shall apply to the use of that endowment or property by the trust as it applied to the use thereof by the Health Board.
(4) Trustees appointed by virtue of subsection (2) shall cause proper accounts to be kept of the capital, income and expenditure vested in, received by and expended by them; and shall cause such accounts to be audited and an abstract thereof to be published in such manner as the Secretary of State may approve.
(1) It shall be the duty of each Health Board, Special Health Board and NHS trust and of the Agency to put and keep in place arrangements for the purpose of monitoring and improving the quality of health care which it provides to individuals.
(2) The reference in subsection (1) to health care which a body there mentioned provides to individuals includes health care which the body provides jointly with another person to individuals.
(2A) Each Health Board must put and keep in place arrangements for the purposes of monitoring and improving the quality of services provided under the 2021 Act which it provides to individuals.
(2B) The reference in subsection (1A) to services under the 2021 Act which a body provides to individuals includes services which the body provides jointly with another person to individuals.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
It shall be the duty of every Health Board and Special Health Board and of HIS and the Agency to put and keep in place arrangements for the purposes of—
(a) improving the management of the officers employed by it;
(b) monitoring such management; and
(c) workforce planning.
(1) It is the duty of every Health Board and the Agency to ensure that at all times suitably qualified and competent individuals, from such a range of professional disciplines as necessary, are working in such numbers as are appropriate for—
(a) the health, wellbeing and safety of patients,
(b) the provision of safe and high-quality health care, and
(c) in so far as it affects either of those matters, the wellbeing of staff.
(2) In determining what, in a particular kind of health care provision, constitutes appropriate numbers for the purposes of subsection (1), regard is to be had to—
(a) the nature of the particular kind of health care provision,
(b) the local context in which it is being provided,
(c) the number of patients being provided it,
(d) the needs of patients being provided it, and
(e) appropriate clinical advice.
12IB Duty to ensure appropriate staffing: agency workers
(1) Where, in order to comply with the duty under section 12IA, a Health Board, a relevant Special Health Board or the Agency secures the services of an agency worker (within the meaning of the Agency Workers Regulations 2010), it must comply with subsection (2).
(2) Subject to subsection (3), the amount to be paid to secure the services of that worker during a period should not exceed 150% of the amount that would be paid to a full-time equivalent employee of the Health Board, relevant Special Health Board or the Agency to fill the equivalent post for the same period.
(3) Where, despite subsection (2), in a quarterly reporting period a Health Board, relevant Special Health Board or the Agency does pay an amount higher than the amount prescribed in subsection (2), it must report to the Scottish Ministers, as soon as practicable after the end of that period—
(a) the number of occasions in that period on which it has paid an amount higher than the amount prescribed in subsection (2),
(b) the amount paid on each such occasion (expressed as a percentage of the amount that would be paid to a full-time equivalent employee of the Health Board, relevant Special Health Board or the Agency to fill the equivalent post for the same period) and,
(c) the circumstances that have required the higher amount to be paid.
(4) In subsection (3), “quarterly reporting period” means—
(a) the period from the day that the Bill for the Health and Care (Staffing) (Scotland) Act 2019 receives Royal Assent to whichever of 31 March, 30 June, 30 September and 31 December first occurs thereafter,
(b) each subsequent three-month period.
(5) The Scottish Ministers must publish in such manner and at such intervals as they consider appropriate—
(a) information from Health Boards, relevant Special Health Boards and the Agency on the amount spent on all agency workers, and
(b) reports received by them under subsection (3).