12IC Duty to have real-time staffing assessment in place
(1) It is the duty of every Health Board and the Agency to put and keep in place arrangements for the real-time assessment of its compliance with the duty imposed by section 12IA.
(2) The arrangements under subsection (1) must, in particular, include—
(a) a procedure for the identification, by any member of staff, of any risks caused by staffing levels to—
(i) the health, wellbeing and safety of patients,
(ii) the provision of safe and high-quality health care, or
(iii) in so far as it affects either of those matters, the wellbeing of staff,
(b) a procedure for the notification of any such risk to an individual with lead professional responsibility (whether clinical or non-clinical) in the area where the risk was identified,
(c) a procedure for the mitigation of any such risks, so far as possible, by such an individual, and a requirement for that individual to seek and have regard to appropriate clinical advice, as necessary, in carrying out such mitigation,
(d) raising awareness among staff about the procedures described in paragraphs (a), (b) and (c),
(e) encouraging and enabling staff to use the procedures described in paragraphs (a) and (b),
(f) training individuals with lead professional responsibility (whether clinical or non-clinical) for particular types of health care in how to implement the arrangements put in place under paragraphs (a) to (e), and
(g) ensuring that such individuals receive adequate time and resources to implement those arrangements.
12ID Duty to have risk escalation process in place
(1) It is the duty of every Health Board and the Agency to put and keep in place arrangements for the escalation of any risk—
(a) identified during the real-time assessment of its staffing levels in accordance with arrangements put in place under section 12IC, and
(b) which it has not been possible to mitigate in accordance with the arrangements put in place under that section.
(2) The arrangements under subsection (1) must, in particular, include—
(a) a procedure for the initial reporting of a risk as described in subsection (1), by an individual with lead professional responsibility (whether clinical or non-clinical) in the area where the risk was identified, to a more senior decision-maker,
(b) a requirement for any such decision-maker to seek and have regard to appropriate clinical advice, as necessary, in reaching a decision on the risk, including on how to mitigate it,
(c) a procedure for the onward reporting of the risk, as necessary, to a more senior decision-maker in turn, and a requirement for that decision-maker in turn to seek and have regard to appropriate clinical advice, as necessary, in reaching a decision on the risk, including on how to mitigate it,
(d) a requirement for the arrangements put in place under paragraph (c) to escalate further, as necessary, in order to reach a final decision on the risk, including in appropriate cases by the reporting of the risk to the members of the Health Board or the Agency (as the case may be),
(e) a procedure for the notification of every decision made following the initial report, and the reasons for it, to—
(i) any individual who was involved in identifying the risk in accordance with the arrangements put in place under section 12IC(2)(a),
(ii) any individual who was involved in attempting to mitigate the risk in accordance with the arrangements put in place under section 12IC(2)(c),
(iii) any individual who was involved in reporting the risk in accordance with the arrangements put in place under paragraph (a), (c) or (d) of this subsection, and
(iv) any individual who gave clinical advice in accordance with the arrangements put in place under section 12IC(2)(c), or under paragraph (b), (c) or (d) of this subsection,
(f) a procedure for those individuals to record any disagreement with any decision made following the initial report,
(g) a procedure for those individuals to be able to request a review of the final decision on a risk (other than a final decision made by the members of the Health Board or the Agency) made in accordance with the arrangements put in place under section 12IC(2)(c) or, as the case may be, paragraphs (b), (c) or (d) of this subsection,
(h) raising awareness among staff about the procedures described in paragraphs (a) to (g),
(i) training individuals with lead professional responsibility (whether clinical or non-clinical) for particular types of health care, and other senior decision-makers, in how to implement the arrangements put in place under paragraphs (a) to (h), and
(j) ensuring that such individuals receive adequate time and resources to implement those arrangements.
12IE Duty to have arrangements to address severe and recurrent risks
(1) It is the duty of every Health Board and the Agency to put and keep in place arrangements to—
(a) collate information relating to every risk escalated to such level as the Health Board or the Agency (as the case may be) consider appropriate in accordance with the arrangements put in place under section 12ID(2), and
(b) identify and address those risks which are considered to be either or both—
(i) severe,
(ii) liable to materialise frequently.
(2) The arrangements under subsection (1) must, in particular, include a procedure for—
(a) the recording of a risk as described in subsection (1)(b),
(b) the reporting of any such risk, as necessary, to a more senior decision-maker, including in appropriate cases to the members of the Health Board or the Agency (as the case may be),
(c) the mitigation of the risk, so far as possible, and a requirement for appropriate clinical advice to be sought and had regard to in carrying out such mitigation, and
(d) the identification of actions to prevent the future materialisation of the risk, so far as possible.
(1) It is the duty of every Health Board and the Agency to put and keep in place arrangements for—
(a) seeking and having regard to appropriate clinical advice in making decisions and putting in place arrangements in relation to staffing under sections 12IA to 12IE and 12IH to 12IL,
(b) recording and explaining decisions which conflict with that advice.
(2) The arrangements under subsection (1) must, in particular, include—
(a) where a Health Board or the Agency (as the case may be) reaches a decision on a matter which conflicts with the clinical advice it has received—
(i) a procedure for the identification of any risks caused by that decision,
(ii) a procedure for the mitigation of any such risks, so far as possible,
(iii) a procedure for the notification of any such decision, and the reasons for it, to any individual who gave clinical advice on the matter,
(iv) a procedure for any such individual to record any disagreement with the decision made on the matter,
(b) a procedure for individuals with lead clinical professional responsibility for a particular type of health care to report to the members of the Health Board or the Agency (as the case may be), on at least a quarterly basis, about the extent to which that individual considers that it is complying with the duties imposed by—
(i) this section, and
(ii) sections 12IA to 12IE and 12IH to 12IL,
(c) a procedure for such individuals to—
(i) enable and encourage other employees to give views on the operation of this section, and
(ii) record such views in reports made in accordance with the arrangements put in place under paragraph (b),
(d) raising awareness among individuals with lead clinical professional responsibility for particular types of health care in how to implement the arrangements put in place under paragraphs (a) to (c), and
(e) ensuring that such individuals receive adequate time and resources to implement those arrangements.
(3) Every Health Board and the Agency must have regard to the reports received in accordance with the arrangements put in place under subsection (2)(b).
12IG Duty to ensure appropriate staffing: number of registered healthcare professionals etc.
(1) The Scottish Ministers must take all reasonable steps to ensure that there is a sufficient number of—
(a) registered nurses,
(b) registered midwives,
(c) medical practitioners, and
(d) such other types of employees as the Scottish Ministers may by regulations prescribe,
available to every Health Board, relevant Special Health Board and the Agency to enable the Health Board and the Agency to comply with the duty in section 12IA.
(2) In fulfilling their obligations under subsection (1), the Scottish Ministers must have regard to—
(a) the number of people training for professions mentioned in or by virtue of subsection (1) in Scotland,
(b) any information as to variation in staffing needs caused by differences in the geographical areas for which Health Boards are responsible, for example in areas containing rural or island communities, and
(c) any information provided to them by a Health Board, relevant Special Health Board or the Agency about how it has carried out its duties under this Act.
(3) As soon as reasonably practicable after the end of each financial year, the Scottish Ministers must lay before the Parliament a report setting out—
(a) how they have complied with subsection (1), and
(b) the extent to which Ministers' compliance with subsection (1) enabled Health Boards, relevant Special Health Boards and the Agency to comply with the duty imposed by section 12IA.
12IH Duty to ensure adequate time given to clinical leaders
In complying with the duty imposed by section 12IA, every Health Board and the Agency must ensure that all individuals with lead clinical professional responsibility for a team of staff receive sufficient time and resources to discharge that responsibility and their other professional duties, including, in particular, time—
(a) to supervise the meeting of the clinical needs of the patients in their care,
(b) to manage, and support the development of, the staff for whom they are responsible, and
(c) to lead the delivery of safe, high-quality and person-centred health care.
12II Duty to ensure appropriate staffing: training of staff
In complying with the duty imposed by section 12IA, every Health Board and the Agency must ensure that its employees receive—
(a) such training as it considers appropriate and relevant for the purposes set out in section 12IA(1)(a) and (b), and
(b) such time and resources as it considers adequate to undertake such training.
(1) In relation to health care of a type mentioned in section 12IK, a Health Board or the Agency (as the case may be) must, no less often than at the frequency specified in regulations by the Scottish Ministers, use the common staffing method set out in subsection (2).
(2) The common staffing method means that a Health Board or the Agency (as the case may be)—
(a) uses the staffing level tool and the professional judgement tool as prescribed in regulations under subsection (3) and takes into account the results from those tools,
(b) takes into account, in so far as relevant, any measures for monitoring and improving the quality of health care which are published as standards and outcomes under section 10H(1) by the Scottish Ministers (including any measures developed as part of a national care assurance framework),
(c) takes into account—
(i) its current staffing levels and any vacancies,
(ii) the different skills and levels of experience of its employees,
(iii) the role and professional duties, in particular, of any individual with lead clinical professional responsibility for the particular type of health care,
(iv) the effect that decisions about staffing and the use of resources taken for the particular type of health care may have on the provision of other types of health care including, in particular, those to which this section does not apply,
(v) the local context in which it provides health care,
(vi) patient needs,
(vii) appropriate clinical advice,
(viii) any assessment by HIS, and any relevant assessment by any other person, of the quality of health care which it provides,
(ix) experience gained from using the real-time assessment arrangements under section 12IC(1) and the risk escalation processes under sections 12ID and 12IE,
(x) comments by patients, and by individuals who have a personal interest in their health care (for example family members and carers within the meaning of section 1 of the Carers (Scotland) Act 2016), which relate to the duty imposed by section 12IA, and
(xi) comments by its employees which relate to the duty imposed by section 12IA,
(d) identifies and takes all reasonable steps to mitigate any risks, and
(e) having followed the steps described in paragraphs (a) to (d), decides what changes (if any) are needed as a result to its staffing establishment, and to the way in which it provides health care.
(3) The Scottish Ministers may by regulations prescribe—
(a) a “staffing level tool” designed to provide quantitative information relating to workload, based on patient needs, in order to assist in determining the appropriate staffing levels for a particular kind of health care provision, and
(b) a “professional judgement tool” designed to provide quantitative information relating to professional judgement in order to assist in determining the appropriate staffing levels for a particular kind of health care provision.
(4) For the purposes of this section, a reference to a Health Board's (or, as the case may be) the Agency's staffing establishment is a reference to the number of employees of a particular kind (or kinds) that the Board (or, as the case may be) the Agency have determined as being appropriate to deliver a type of health care mentioned in section 12IK.
(5) The Scottish Ministers may by regulations amend subsection (2) so as to change the description of the common staffing method.
(1) The types of health care are those described in the first column of the table below, in so far as they are provided at any one of the kinds of locations and by any one of the kinds of employees listed in the corresponding entries in the second and third columns.
Type of health care | Location | Employees
Adult inpatient provision | Hospital wards with 17 occupied beds or more on average | Registered nurses
Clinical nurse specialist provision | Hospitals | Registered nurses who work as clinical nurse specialists
Community settings
Community nursing provision | Community settings | Registered nurses
Community children's nursing provision | Community settings | Registered nurses
Emergency care provision | Emergency departments in hospitals | Registered nurses
Medical practitioners
Maternity provision | Hospitals | Registered midwives
Community settings
Mental health and learning disability provision | Mental health units in hospitals | Registered nurses
Learning disability units in hospitals
Neonatal provision | Neonatal units in hospitals | Registered midwives
Registered nurses
Paediatric inpatient provision | Paediatric wards in hospitals | Registered nurses
Small ward provision | Hospital wards with 16 occupied beds or fewer on average | Registered nurses
(2) In the third column of the table in subsection (1), references to—
(a) registered nurses,
(b) registered midwives, and
(c) medical practitioners,
include other individuals providing care for patients and acting under the supervision of, or discharging duties delegated to the individual by, the registered nurse, registered midwife or medical practitioner (as the case may be).
(3) But those references do not include individuals who are engaged in a course of studies in order to be admitted to—
(a) the register of members maintained by the Nursing and Midwifery Council under section 60 of the Health Act 1999, or
(b) the register of medical practitioners maintained by the General Medical Council under section 2 of the Medical Act 1983 (with the exception of persons who are already provisionally registered under section 15 of that Act).
(4) The Scottish Ministers may by regulations amend subsections (1) to (3) so as to add, remove, or change the description of a type of health care, including where and by whom it is provided (for example, so as to add to the third column of the table in subsection (1) employees of a kind included in the register of members maintained by the Health and Care Professions Council under section 60 of the Health Act 1999).
In complying with the duty imposed by section 12IJ, every Health Board and the Agency must—
(a) encourage and support its employees to give views on its staffing arrangements for the types of health care described in section 12IK,
(b) take into account and use any such views it receives to identify best practice, and areas for improvement, in relation to such staffing arrangements,
(c) train employees (including, in particular, employees of a type mentioned in the third column of the table in section 12IK(1)) using the common staffing method on how to use it,
(d) ensure that those employees receive adequate time to use the common staffing method, and
(e) provide information to employees engaged in the types of health care described in section 12IK about its use of the common staffing method, including about—
(i) the results from using the staffing level tool and the professional judgement tool under paragraph (a) of section 12IJ(2),
(ii) the steps taken under paragraphs (b), (c) and (d) of that subsection, and
(iii) the results of its decision under paragraph (e) of that subsection.
(1) Before the end of the period of 1 month beginning with the last day of each financial year, every Health Board and the Agency must publish, and submit to the Scottish Ministers, a report setting out how during that financial year it has carried out its duties under—
(a) section 12IA (including reference to the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles etc. in health care staffing and planning),
(b) section 12IC,
(c) section 12ID,
(d) section 12IE,
(e) section 12IF,
(f) section 12IH,
(g) section 12II,
(h) section 12IJ, and
(i) section 12IL.
(2) Following the receipt of such reports from every Health Board and the Agency and before the beginning of the next financial year, the Scottish Ministers must—
(a) collate the reports submitted to them under subsection (1) into a combined report for the year to which the reports relate,
(b) lay that combined report before the Scottish Parliament, and
(c) lay an accompanying statement setting out how they have taken into account and plan to take into account, in their policies for the staffing of the health service, the information included in the combined report.
(3) Information provided under subsection (1) must set out—
(a) whether each Health Board or the Agency has faced any challenges or risk in carrying out its duties under—
(i) section 12IA (including reference to the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles etc. in health care staffing and planning),
(ii) section 12IJ, and
(iii) section 12IL, and
(b) the steps the Health Board or the Agency will take to address such challenges.
(4) As soon as reasonably practicable after the end of each financial year, the Scottish Ministers must publish a report (in such manner as they consider appropriate) setting out how each Health Board and the Agency has carried out its duties under—
(a) section 12IA (including reference to the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles etc. in health care staffing and planning),
(b) section 12IJ, and
(c) section 12IL.
(5) A report under subsection (4) must set out—
(a) whether the Scottish Ministers have identified any challenges or risk faced by the Health Board or the Agency in carrying out its duties under—
(i) section 12IA (including reference to the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles etc. in health care staffing and planning),
(ii) section 12IJ, and
(iii) section 12IL, and
(b) the steps that the Scottish Ministers will take as a result.
(6) The Scottish Ministers must lay before the Parliament—
(a) a summary and evaluation of the information submitted to them under subsection (1), and
(b) a report under subsection (4).
(1) Every Health Board and the Agency must have regard to any guidance issued by the Scottish Ministers about the carrying out of its duties under sections 12IA to 12IM.
(2) Such guidance may, in particular, include provision about—
(a) the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles etc. in health care staffing and planning, and
(b) the use of the common staffing method, including—
(i) each of the steps described in paragraphs (a) to (d) of section 12IJ(2), and
(ii) decision-making, under paragraph (e) of that subsection, about staffing establishments and about the way in which health care is provided, and
(c) procedures for the identification, mitigation and escalation of risks caused by staffing levels in arrangements put in place under sections 12IC to 12IE.
(3) Before issuing such guidance, the Scottish Ministers must consult—
(a) every Health Board,
(b) every relevant Special Health Board,
(c) every integration authority (within the meaning of section 59 of the Public Bodies (Joint Working) (Scotland) Act 2014),
(d) HIS,
(e) the Agency,
(f) such trade unions and professional bodies as they consider to be representative of employees of the persons mentioned in paragraphs (a) to (e),
(g) such professional regulatory bodies for employees of the persons mentioned in paragraphs (a) to (e) as they consider appropriate, and
(h) such other persons as they consider appropriate.
(4) The Scottish Ministers must publish any guidance issued under this section.
In sections 12H to 12IN—
“appropriate clinical advice” means advice obtained from the appropriate level and area of clinical professional structures depending on the particular circumstances of each case (for example from an individual holding a senior executive role in the provision of nursing services),
“employee” means an individual in paid employment by, as the case may be, a Health Board, the Agency or (where an integration scheme under Part 1 of the Public Bodies (Joint Working) (Scotland) Act 2014 applies) a local authority, whether under a contract of service or apprenticeship or under a contract for services,
“health care” means a service for or in connection with the prevention, diagnosis or treatment of illness,
“relevant Special Health Board” means a Special Health Board which is required, by virtue of an order made under section 2, to comply with any of the duties imposed by sections 12IA to 12IN.
12IP HIS: monitoring compliance with staffing duties
HIS must monitor the discharge, by every Health Board, relevant Special Health Board and the Agency, of their duties under—
(a) section 12IA (including the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles etc. in health care staffing and planning),
(b) section 12IC,
(c) section 12ID,
(d) section 12IE,
(e) section 12IF,
(f) section 12IH,
(g) section 12II,
(h) section 12IJ,
(i) section 12IL,
(j) section 12IM, and
(k) section 12IN.
12IQ HIS: monitoring and review of common staffing method
(1) In respect of each type of health care mentioned in section 12IK, HIS must monitor—
(a) the effectiveness of the common staffing method described in section 12IJ(2), and
(b) the way in which Health Boards, relevant Special Health Boards and the Agency are using the common staffing method.
(2) In exercising the duty imposed by subsection (1), HIS must from time to time as it considers appropriate carry out reviews of the matters listed in subsection (1)(a) and (b).
(3) In carrying out such a review, HIS must—
(a) consult—
(i) the Scottish Ministers,
(ii) Social Care and Social Work Improvement Scotland,
(iii) every Health Board,
(iv) every relevant Special Health Board,
(v) every integration authority,
(vi) the Agency,
(vii) such trade unions and professional bodies as HIS considers to be representative of employees of the persons mentioned in sub-paragraphs (iii) to (vi),
(viii) such professional regulatory bodies for employees of the persons mentioned in sub-paragraphs (iii) to (vi) as HIS considers appropriate,
(ix) such other providers of health care as HIS considers to have relevant experience of using staffing level tools and professional judgement tools, and
(x) such other persons as HIS considers appropriate, and
(b) have regard to the guiding principles for health and care staffing set out in section 1 of the Health and Care (Staffing) (Scotland) Act 2019.
(4) The Scottish Ministers may direct HIS to carry out a review under subsection (2).
(5) Following a review under subsection (2), HIS may recommend changes to the common staffing method to the Scottish Ministers.
(6) Where HIS makes such recommendations it must submit to the Scottish Ministers, and then publish, a report setting out—
(a) a summary of the review it has carried out under subsection (2),
(b) its recommendations for changes to the common staffing method, and
(c) the reasons for those recommendations.
(7) In recommending changes to the common staffing method, HIS may take into account the development of a new or revised staffing level tool or professional judgement tool under section 12IR(2).
12IR HIS: monitoring and development of staffing tools
(1) HIS must—
(a) monitor the effectiveness of any staffing level tool or professional judgement tool which has been prescribed by the Scottish Ministers under section 12IJ(3) (including any new or revised tools which have been developed under this section), and
(b) where it considers that any such tool is no longer effective, recommend the revocation or replacement of the tool to the Scottish Ministers.
(2) HIS may develop and recommend to the Scottish Ministers new or revised staffing level tools and professional judgement tools for use in relation to any kind of health care provision.
(3) In developing such tools, HIS must collaborate with—
(a) the Scottish Ministers,
(b) Social Care and Social Work Improvement Scotland,
(c) every Health Board,
(d) every relevant Special Health Board,
(e) every integration authority,
(f) the Agency,
(g) such trade unions and professional bodies as HIS considers to be representative of employees of the persons mentioned in paragraphs (c) to (f),
(h) such professional regulatory bodies for employees of the persons mentioned in paragraphs (c) to (f) as HIS considers appropriate,
(i) such other providers of health care as HIS considers to have relevant experience of using staffing level tools and professional judgement tools, and
(j) such other persons as HIS considers appropriate.
(4) In undertaking such collaboration—
(a) HIS must have regard to—
(i) such guidance, published by professional bodies of the kind described in subsection (3)(g) or by other bodies with experience in relevant fields, as HIS considers appropriate, and
(ii) relevant clinical evidence and research,
(b) HIS and the persons mentioned in subsection (3)(a) to (j) must have regard to the guiding principles for health and care staffing set out in section 1 of the Health and Care (Staffing) (Scotland) Act 2019.
(5) The Scottish Ministers may direct HIS to develop a new or revised staffing level tool or professional judgement tool for use in relation to a particular kind of health care provision specified in the direction.
(6) The Scottish Ministers may by regulations require that assumptions on certain matters (for example, as to staff absence and bed occupancy levels) must be made by HIS in the process of making a recommendation to them under subsection (2).
12IS HIS: duty to consider multi-disciplinary staffing tools
(1) When HIS is developing a new or revised staffing level tool or professional judgement tool under section 12IR, it must consider whether the tool should apply to more than one professional discipline.
(2) HIS may at any time recommend to the Scottish Ministers that a staffing level tool or professional judgement tool which has been prescribed by the Scottish Ministers under section 12IJ(3) should apply to more than one professional discipline.
12IT HIS: duty on Health Boards to assist staffing functions
Every Health Board, relevant Special Health Board and the Agency must give such assistance to HIS as it requires in the performance of its functions under sections 12IP to 12IS.
(1) HIS may, in pursuance of its functions under sections 12IP to 12IS, serve a notice on a Health Board, relevant Special Health Board or the Agency requiring the Board or the Agency (as the case may be)—
(a) to provide HIS with information about any matter specified in the notice, and
(b) to provide that information by a date specified in the notice.
(2) A notice under subsection (1) must explain why, and in pursuance of which function, the information is required.
(3) A Health Board, relevant Special Health Board or the Agency (as the case may be) must comply with any such notice served on it.
12IV HIS: ministerial guidance on staffing functions
(1) The following persons must have regard to any guidance issued by the Scottish Ministers about the operation of sections 12IP to 12IU—
(a) HIS,
(b) every Health Board,
(c) every relevant Special Health Board, and
(d) the Agency.
(2) Before issuing such guidance, the Scottish Ministers must consult the persons listed in paragraphs (b) to (j) of section 12IR(3) (reading the references to HIS as if they were references to the Scottish Ministers).
(3) The Scottish Ministers must publish any guidance issued under this section.
In sections 12IP to 12IV—
“employee” has the meaning given by section 12IO,
“integration authority” has the meaning given by section 59 of the Public Bodies (Joint Working) (Scotland) Act 2014,
“relevant Special Health Board” has the meaning given by section 12IO,
“staffing level tool” and “professional judgement tool” are to be construed in accordance with section 12IJ(3).
12J Health Boards: co-operation with other Health Boards, Special Health Boards and the Agency
(1) In exercising their functions in relation to the planning and provision of services which it is their function to provide, or secure the provision of, under or by virtue of this Act, Health Boards shall co-operate with one another, and with Special Health Boards and the Agency, with a view to securing and advancing the health of the people of Scotland.
(2) In pursuance of subsection (1) a Health Board may—
(a) undertake to provide, or secure the provision of, services as respects the area of another Health Board, and the other Health Board may enter into arrangements with the first Health Board for that purpose,
(b) undertake with one or more other Health Boards to provide, or secure the provision of, services jointly as respects their areas.
(3) A Health Board undertaking to provide, or secure the provision of, services under subsection (2) may—
(a) enter into arrangements with another Health Board, a Special Health Board or the Agency in relation to the provision of such services,
(b) do anything in relation to the provision of such services which they could do for the purpose of providing, or securing the provision of, such services as respects their area.
(4) This section is without prejudice to any other power which a Health Board may have.
12K Power of Health Board to carry out other Health Board's functions
A Health Board may, with the agreement of another Health Board and the Scottish Ministers, carry out on behalf of that other Health Board any function of that other Health Board.
13 Co-operation between Health Boards and other authorities.
In exercising their respective functions, Health Boards, HIS (as respects its health service functions only),NHS trusts, local authorities , integration joint boards and education authorities shall co-operate with one another in order to secure and advance the health of the people of Scotland.
13A Co-operation in planning of services for disabled persons, the elderly and others.
(1) The duty under section 13, in relation to persons to whom this section applies, includes—
(a) joint planning of—
(i) services for those persons; and
(ii) the development of those services,
by Health Boards and such of the authorities as mentioned in that section (including HIS) as may be concerned
(b) such consultation with voluntary organisations providing services similar to those mentioned in paragraph ( a ) as might be expected to contribute substantially to the joint planning of the services mentioned in that paragraph;
(c) the publication, at such times and in such manner as the bodies who have made joint plans under paragraph ( a ) consider appropriate, of those joint plans.
(2) This section applies to—
(a) disabled persons within the meaning of the Disabled Persons (Services, Consultation and Representation) Act 1986;
(b) persons aged 65 or more; and
(c) such other categories of persons as the Secretary of State may by order specify.
(1) The Secretary of State may, after consultation with such Health Boards, local authorities, education authorities, associations of such authorities and other organisations and persons as appear to him to be appropriate, by order provide for the formation and as to the functions of committees, to be known as joint liaison committees, to advise Health Boards and local education authorities on the performance of such of their duties under section 13 as consist of co-operation in the planning and operation of services of common concern to Health Boards and such authorities.
(2) An order under subsection (1) may contain provisions relating to the role of voluntary organisations in joint liaison committees.
15 Supply of goods and services to local authorities, etc.
(1) The Secretary of State or a Health Board may—
(a) purchase and store and, on such terms and conditions as may be agreed, supply to persons —
(i) providing primary medical services under a general medical services contract or, general dental or general ophthamic services, or pharmaceutical services under Part II or
(ii) providing, in accordance with section 17C arrangements, primary medical services, personal dental services or other services of a kind that may be provided under this Part or Part III,
such equipment, goods or materials as may be prescribed;
(b) purchase and store and, on such terms and conditions as may be agreed, supply to local authorities, education authorities, government departments and such public bodies or classes of public bodies as may be determined by the Secretary of State, any equipment, goods or materials of a kind used in the health service;
(c) provide local authorities and education authorities, on such terms and conditions as may be agreed, with any administrative, professional or other services of persons employed by or having contracts with the Secretary of State or a Health Board;
(d) permit local authorities and education authorities, on such terms and conditions as may be agreed, to use premises occupied for the purposes of the health service;
(e) permit local authorities and education authorities, on such terms and conditions as may be agreed, to use any vehicle, plant or apparatus belonging to a Health Board or the Agency;
(f) permit education authorities, on such terms and conditions as may be agreed, and for the purpose of providing special education within the meaning of section 1(5)(c) of the Education (Scotland) Act 1980, to use any premises or facilities provided under section 36;
(g) carry out, on such terms and conditions as may be agreed, maintenance work in connection with land or buildings for the maintenance of which a local authority or education authority is responsible.
(1ZA) Paragraph (a) of subsection (1) applies to the Agency as it applies to a Health Board.
(1A) Paragraphs (b) to (e) of subsection (1) apply to HIS (in respect of the exercise of its health service functions only) as they apply to a Health Board.
(2) In paragraphs (a) and (b) of subsection (1) (including paragraph (a) as applied by subsection (1ZA) and paragraph (b) as applied by subsection (1A)), the power to supply equipment, goods and materials includes a power to make arrangements with third parties for the supply by them of those things.
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The Secretary of State may by order provide that, in relation to a vehicle which is made available by him in pursuance of this section and is used in accordance with the terms on which it is so available, the Vehicles Excise and Registration Act 1994 and Part VI of the Road Traffic Act 1972 shall have effect with such modifications as are specified in the order.
(1) The Secretary of State may assist any voluntary organisation whose activities include the provision of a service similar or related to a service provided under this Act by permitting them to use premises belonging to him on such terms as may be agreed, and by making available goods, materials, vehicles or equipment (whether by way of gift, loan or otherwise) and the services of any staff who are employed in connection with the premises or other things which he permits the organisation to use.
(2) The Secretary of State may by order provide that, in relation to a vehicle which is made available by him in pursuance of this section and is used in accordance with the terms on which it is so available, the Vehicles Excise and Registration Act 1994 and Part VI of the Road Traffic Act 1972 shall have effect with such modifications as are specified in the order.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16A Power to make payments towards expenditure on community services.
(1) A Health Board may, if they think fit, make payments in accordance with this section to any local authority towards expenditure incurred or to be incurred by them in connection with the performance of the following functions—
(a) any function under any of the enactments mentioned in section 5(1B) of the Social Work (Scotland )Act 1968 (power of Secretary of State to issue directions to local authorities in respect of their functions under certain enactments), other than section 3 of the Disabled Persons (Employment)Act 1958;
(b) any . . .functions under section 1 of the Education (Scotland) Act 1980 in making provision for—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) further education,
within the meaning of that term in that section;
(ba) any functions under section 4 or 5 of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) in making provision for additional support needs;
(c) any . . . functions under Part VII of the Housing (Scotland) Act 1966 (provision of housing accommodation); and
(d) any . . . functions under the following provisions—
(i) Part III of the National Assistance Act 1948;
(ii) section 116 of the Mental Health Act 1983;
(iii) section 1 or 2 of the Chronically Sick and Disabled Persons Act 1970;
(iv) section 23 or 297 of the Criminal Procedure (Scotland) Act 1975.
(2) A Health Board may, if they think fit, make payments in accordance with this section to any of the following bodies towards expenditure incurred or to be incurred by them in connection with the provision of housing accommodation—
(a) a registered housing association within the meaning of the Housing Associations Act 1985;
(b) any development corporation established under section 2 of the New Towns (Scotland) Act 1968;
(c) the Housing Corporation; and
(d) the Scottish Special Housing Association.
(3) Where a voluntary organisation provides services similar to the functions referred to in this section, payments may be made in accordance with this section to any such organisation towards expenditure incurred or to be incurred in connection with the provision of those services and such payments may be made by-
(a) any Health Board either instead of or in addition to making payments under this section to any council, authority or other body in respect of such services; and
(b) any such council, authority or other body which has received payments from a Health Board under this section, out of the sums so received.
(4) Any payments made under this section, whether in respect of expenditure of a capital or of a revenue nature, or of both, shall be made in accordance with conditions prescribed for payments of that description by the Secretary of State in directions given under this subsection.
16B Financial assistance by the Secretary of State to voluntary organisations.
(1) The Secretary of State may, upon such terms and subject to such conditions as he may, with the approval of the Treasury, determine, give to a voluntary organisation to which this section applies assistance by way of grant or loan, or partly in the one way and partly in the other.
(2) This section applies to a voluntary organisation whose activities consist in or include the provision of a service similar to a relevant service, the promotion or publicising of a relevant service or a similar one or the giving of advice with respect to the manner in which a relevant service or a similar one can best be provided.
(3) In this section, “ relevant service ” means a service which must or may, by virtue of the National Health Service (Scotland) Act 1978, be provided or the provision of which must or may, by virtue of that Act, be secured by the Secretary of State, or a service for the provision of which a Health Board is, by virtue of that Act, under a duty to make arrangements.
17AA Provision of certain services under NHS contracts.
(1) This section applies to any arrangement under which a Health Board or such other health service body as may be prescribed arrange for the provision to them—
(a) by a person on an ophthalmic list, or
(b) by a person on a pharmaceutical list,
of goods or services that they reasonably require for the purposes of functions which they are exercising under Part I of this Act.
(2) Any such arrangement is to be treated as an NHS contract for the purposes of section 17A (other than subsections (5) and (7)).
(3) In this section—
“ health service body ” means a person or body which is a health service body for the purposes of section 17A;
“ ophthalmic list ” means
in relation to a list published in accordance with regulations made under paragraph (a) of section 26(2) of this Act, the first part of the list which is referred to in sub-paragraph (i) of that paragraph;
a list published in accordance with regulations made under section 39(a) of the National Health Service Act 1977; or
a list published in accordance with regulations made under article 62(2)(a) of the Health and Personal Social Services (Northern Ireland) Order 1972; and
“ pharmaceutical list ” means a list published in accordance with regulations made under—
section 27(2) of this Act;
section 42(2)(a) of the National Health Service Act 1977; or
Article 63(2A)(a) of the 1972 Order.
(1) The persons or bodies mentioned in paragraphs (a) to (e) of subsection (2) may, for the purpose of carrying out their functions under any enactment (including the 2021 Act), and without prejudice to any other power they may have in that regard, enter into arrangements for the provision of goods or services to or by them with—
(a) one another; or
(b) any of the persons or bodies mentioned in paragraphs (f) to ((r)) of that subsection.
(2) The persons and bodies referred to in subsection (1) are—
(a) Health Boards;
(aa) Special Health Boards
(b) the Agency;
(ba) HIS;
(c) the Scottish Dental Practice Board;
(ca) the Scottish Ministers;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) NHS trusts established under section 12A;
(f) Local Health Boards established under section 11 of the National Health Service (Wales) Act 2006;
(fa) Special Health Authorities established under section 28 of the National Health Service Act 2006;
(fb) Special Health Authorities established under section 22 of the National Health Service (Wales) Act 2006;
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ja) NHS England;
(jb) integrated care boards established under section 14Z25 of the National Health Service Act 2006;
(k) NHS trusts established under section 5 of the National Health Service and Community Care Act 1990;
(ka) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(l) the Regional Agency for Public Health and Social Well-being;
(m) the Secretary of State.
(ma) the Welsh Ministers;
(n) the Regional Business Services Organisation;
(o) special health and social services agencies established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990;
(p) Health and Social Care trusts established under the Health and Personal Social Services (Northern Ireland) Order 1991; ...
(q) the Department of Health and Social Services for Northern Ireland; and
(r) the National Institute for Health and Care Excellence; ...
(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and in this Act “health service body” means any of those persons or bodies
(3) In subsection (1)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) “services” includes services of any description,
and in this Act an arrangement falling within that subsection is referred to as an “NHS contract".
(4) Whether or not an arrangement which constitutes an NHS contract would, apart from this subsection, be a contract in law, it shall not be regarded for any purpose as giving rise to contractual rights or liabilities, but if any dispute arises with respect to such an arrangement, either party may refer the matter to the Secretary of State for determination under the following provisions of this section.
(5) If, in the course of negotiations intending to lead to an arrangement which will be an NHS contract, it appears to either of the prospective parties that—
(a) the terms proposed by the other party are unfair by reason that that party is seeking to take advantage of its position as the only, or the only practicable, provider of the goods or services concerned or by reason of any other unequal bargaining position as between the prospective parties to the proposed arrangement; or
(b) for any other reason arising out of the relative bargaining positions of the prospective parties any of the terms of the proposed arrangements cannot be agreed.
that party may refer the terms of the proposed arrangement to the Secretary of State for determination under the following provisions of this section.
(6) Where a reference is made to the Secretary of State under subsection (4) or (5), the Secretary of State may determine the matter himself or, if he considers it appropriate, appoint a person to consider and determine it in accordance with regulations.
(7) By his determination of a reference under subsection (5), the Secretary of State or, as the case may be, the person appointed by him under subsection (6) may specify terms to be included in the proposed arrangement and may direct that it be proceeded with; and it shall be the duty of the prospective parties to the proposed arrangement to comply with any such directions.
(8) A determination of a reference under subsection (4) may contain such directions (including directions as to payment) as the Secretary of State or, as the case may be, the person appointed under subsection (6) considers appropriate to resolve the matter in dispute; and it shall be the duty of the parties to the NHS contract in question to comply with any such directions.
(9) Without prejudice to the generality of his powers on a reference under subsection (4), the Secretary of State or, as the case may be, the person appointed by him under subsection (6) may by his determination in relation to an arrangement constituting an NHS contract vary the terms of the arrangement or bring it to an end; and where the arrangement is so varied or brought to an end—
(a) subject to paragraph (b), the variation or termination shall be treated as being effected by agreement between the parties; and
(b) directions included in the determination by virtue of subsection (8) may contain such provisions as the Secretary of State or, as the case may be, the person appointed by him under subsection (6) considers appropriate in order satisfactorily to give effect to the variation or to bring the arrangement to an end.
(10) Where a body mentioned in subsection (2)(1), (n), (o), (p) or (q) is a party or prospective party to an arrangement or proposed arrangement which—
(a) falls within subsection (1); and
(b) also falls within the definition of HSS contract in Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1991,
subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement with the substitution for references to the Secretary of State of references to the Secretary of State and the Department of Health and Social Services for Northern Ireland acting jointly.
(11) Subsection (12) applies where a person mentioned in subsection (2)(fa), (ja), (jb), (m) or (r) is a party or prospective party to an arrangement or proposed arrangement which—
(a) falls within subsection (1); and
(b) also falls within the definition of NHS contract in section 9 of the National Health Service Act 2006.
(12) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Secretary of State of references to the Scottish Ministers and the Secretary of State acting jointly.
(13) Subsection (14) applies where a person mentioned in subsection (2)(f), (fb), (k) or (ma) is a party or prospective party to an arrangement or proposed arrangement which—
(a) falls within subsection (1); and
(b) also falls within the definition of NHS contract in section 7 of the National Health Service (Wales) Act 2006.
(14) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement with the substitution for references to the Secretary of State—
(a) in so far as the arrangement or proposed arrangement relates to reserved matters within the meaning of the Scotland Act 1998, of references to the Secretary of State and the Welsh Ministers acting jointly; and
(b) for all other purposes, of references to the Scottish Ministers and Welsh Ministers acting jointly.
(15) Subsection (16) applies (and subsections (12) and (14) do not apply) where a cross-border Special Health Authority is a party or prospective party to an arrangement or proposed arrangement which—
(a) falls within subsection (1); and
(b) also falls within the definition of NHS contract in section 9 of the National Health Service Act 2006 and the definition of NHS contract in section 7 of the National Health Service (Wales) Act 2006.
(16) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Secretary of State—
(a) where the cross-border Special Health Authority is exercising functions in relation to England only, of references to the Secretary of State and the Scottish Ministers acting jointly;
(b) where the Authority is exercising functions in relation to Wales only, of references to the Welsh Ministers and the Scottish Ministers acting jointly; and
(c) where the Authority is exercising functions in relation to England and Wales, of references to the Secretary of State and the Welsh Ministers acting concurrently with each other and jointly with the Scottish Ministers.
(17) In subsections (15) and (16), “cross-border Special Health Authority” means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of—
(a) paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or
(b) the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the National Health Service (Wales) Act 2006 being exercised together.
(1) Where a Health Board provide goods or services under this Act for an individual for whose health care it is not their function to provide by virtue of section 2(1), in circumstances where the condition of the individual is such that he needs those goods or services and, having regard to his condition, it is not practicable, before providing them, to enter into an NHS contract for their provision, that Health Board shall be remunerated in respect of that provision by the Health Board or Health and Social Care trust which has the function, or the Health Authority or Special Health Authority which has the primary functions, of providing those goods or services to that individual.
(2) The rate of any remuneration payable by virtue of subsection (1) shall be calculated in such manner or on such basis as may be determined by the Secretary of State.
(3) In any case where—
(a) a Health Board provide goods or services for the benefit of an individual; and
(b) the provision of those goods and services is not pursuant to an NHS contract; and
(c) the individual is resident outside the United Kingdom and is of a description (being a description associating the individual with another country) specified for the purposes of this subsection by a direction made by the Secretary of State,
the Health Board shall be remunerated by the Secretary of State in respect of the provision of the goods or services at such rate or rates as he considers appropriate.
(4) In subsection (1)—
(a) “Health and Social Care trust” means a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)); and
(b) the reference to a function of a Health and Social Care trust is a reference to a function of such a trust mentioned in Article 10(1) of that Order.
(1) A Health Board may make one or more agreements with respect to their area, in accordance with the provisions of regulations under section 17E, under which—
(a) primary medical services are provided (otherwise than by the Board); or
(b) personal dental services are provided (otherwise than by the Board).
(2) An agreement made under this section—
(a) may not combine arrangements for the provision of primary medical services with arrangements for the provision of personal dental services.
(2A) An agreement made under this section—
(a) for the provision of primary medical services may include arrangements for the provision of services which are not primary medical services and may provide for such other services to be performed in any place where, by virtue of section 2C, primary medical services may be performed;
(b) for the provision of personal dental services may include arrangements for the provision of services—
(i) which are not primary medical services or personal dental services; but
(ii) which may be provided under this Part.
(3) Except to such extent as may be prescribed—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) a patient for whom personal dental services are provided under an agreement made under this section is not to count as a person for whom arrangements must be made by the Health Board concerned under section 25.
(4) This Act (and in particular section 2) has effect, in relation to . . . personal dental services provided under an agreement made under this section, as if those services were provided as a result of the delegation by the Secretary of State (by directions given under section 2) of functions of his under this Part.
(5) Regulations may provide—
(a) for functions which are exercisable by a Health Board in relation to an agreement made under this section to be exercisable on behalf of the Board by a Local Health Board; and
(b) for functions which are exercisable by a Local Health Board in relation to an agreement made under section 50 of the National Health Service (Wales) Act 2006 to be exercisable on behalf of the Local Health Board by a Health Board.
(6) For the purposes of this section—
“ Local Health Board ” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“personal dental services” means dental services of a kind that may be provided by a general dental practitioner in accordance with arrangements made under Part II.
17CA Primary medical services: persons with whom agreements can be made
(1) A Health Board may, subject to such conditions as may be prescribed, make an agreement under section 17C under which primary medical services are provided with—
(a) a medical practitioner,
(b) a health care professional (other than a medical practitioner),
(c) a qualifying partnership,
(d) a qualifying limited liability partnership,
(e) a qualifying company, or
(f) two or more of the persons mentioned in paragraphs (a) to (e).
(2) For the purposes of subsection (1)—
(a) a qualifying partnership is a partnership that satisfies both of the following conditions—
(i) at least one partner is a medical practitioner or other health care professional,
(ii) all other partners are individuals,
(b) a qualifying limited liability partnership is a limited liability partnership that satisfies both of the following conditions—
(i) at least one member is a medical practitioner or other health care professional,
(ii) all other members are individuals,
(c) a qualifying company is a company which satisfies both of the following conditions—
(i) at least one member of the company is a medical practitioner or other health care professional,
(ii) all other members are individuals.
(3) A Health Board may only make such an agreement if the Board is satisfied that all the other parties to the agreement (“the contractors”) have sufficient involvement in patient care.
(4) A contractor has sufficient involvement in patient care if—
(a) where the contractor is a medical practitioner or a health care professional, the contractor, or
(b) where the contractor is a partnership, limited liability partnership or a company, each partner or, as the case may be, member of the contractor,
regularly performs, or is engaged in the day to day provision of, primary medical services in accordance with section 17C arrangements, a general medical services contract or any other arrangement made in pursuance of section 2C(2) (or will so perform or be so engaged by virtue of the agreement in question).
(5) Regulations may—
(a) make provision as to what constitutes the regular performance of, or being engaged in the day to day provision of, primary medical services for the purposes of subsection (4),
(b) provide that references in subsection (4) to a person who is performing or is engaged in the provision of services include a person who has performed or been engaged in providing the services within such period as may be prescribed.
(6) Regulations under subsection (5)(a) may, in particular, provide that a period of time in which a person is not performing or is not engaged in the provision of primary medical services is, in prescribed circumstances, to be disregarded for the purposes of determining whether the person regularly performs or is engaged in the day to day provision of those services.
(7) In relation to an agreement under section 17C under which primary medical services are provided which is entered into with a partnership, regulations may make provision as to the effect on the agreement of a change in membership of the partnership.
(8) In this section, “ health care professional ” means a member of a profession which is regulated by a body mentioned (at the time the agreement in question is made) in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c.17).
17D Personal dental services: persons with whom agreements may be made.
(1) A Health Board may make an agreement under section 17C under which personal dental services are provided only with one or more of the following—
(a) an NHS trust;
(b) a company which is limited by shares all of which are legally and beneficially owned by persons falling within the following sub-paragraphs and paragraphs (c) to (d)—
(i) a medical practitioner who satisfies the prescribed conditions;
(ii) a health care professional who satisfies the prescribed conditions;
(iii) a person who is providing primary medical services in accordance with a general medical services contract;
(iv) a person who is providing primary medical services in accordance with a section 28Q contract or an Article 57 contract;
(v) a person who is providing primary medical services in accordance with section 17C arrangements, section 28C arrangements or . . . Article 15B arrangements;
(vi) an individual who is providing general dental services;
(vii) a person who is providing primary dental services in accordance with a section 28K contract or an individual who is providing general dental services in accordance with Article 61 of the 1972 Order;
(viii) a person who is providing personal dental services in accordance with section 17C arrangements;
(ix) a person who is providing primary dental services in accordance with section 28C arrangements or personal dental services in accordance with Article 15B arrangements;
. . .
(c) a qualifying dental practitioner;
(ca) an individual who is providing personal dental services in accordance with section 17C arrangements or primary dental services in accordance with section 28C arrangements;
(d) an NHS employee, a section 17C employee , or a section 28C employee . . . ;
(e) a qualifying body.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In this section—
“ the 1972 Order ” means the Health and Personal Social Services (Northern Ireland) Order 1972 (1972 No. 1256 (N.I. 14));
“the 1977 Act” means the National Health Service Act 1977;
“ Article 15B arrangements ” means arrangements for the provision of services made under Article 15B of the 1972 Order;
“ Article 15B employee ” means an individual who, in connection with the provision of services in accordance with Article 15B arrangements, is employed by a person providing those services;
“ Article 57 contract ” means a general medical services contract under Article 57 of the 1972 Order;
“ health care professional ” means a member of a profession which is regulated by a body mentioned (at the time the agreement in question is made) in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17);
“ Local Health Board ” has the same meaning as in the 1977 Act;
“NHS employee” means an individual who, in connection with the provision of services in the health service in Scotland or England and Wales or, in relation to paragraph (b) below, Northern Ireland, is employed by—
an NHS trust;
in the case of an agreement under which primary medical services are provided—
a Health Board;
... or a Local Health Board;
an NHS trust, an NHS foundation trust or (in Northern Ireland) a Health and Social Services Trust;
a person who is providing primary medical services in accordance with a general medical services contract or a section 28Q contract or an individual who is providing general medical services in accordance with Article 56 of the 1972 Order;
an individual who is providing general dental services;
a person who is providing primary dental services in accordance with a section 28K contract or an individual who is providing general dental services in accordance with Article 61 of the 1972 Order;
...
in the case of an agreement under which personal dental services are provided—
a dental practitioner whose name is included in a list prepared in accordance with regulations made under section 25(2)(a) of this Act or section 28X of the 1977 Act; or
a dental practitioner who is providing personal dental services in accordance with section 17C arrangements or primary dental services in accordance with section 28C arrangements;
“qualifying body” means—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . a body corporate which, in accordance with the provisions of Part IV of the Dentists Act 1984, is entitled to carry on the business of dentistry;
“qualifying dental practitioner” means a dental practitioner who satisfies the conditions imposed by regulations made under section 17E(2)(b) of this Act or section 28E(2)(b) of the 1977 Act;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“section 17C employee” means an individual who, in connection with the provision of services in accordance with section 17C arrangements, is employed by,
where the arrangements are for the provision of primary medical services, a person providing services in accordance with the arrangements;
where the arrangements are for the provision of personal dental services, an individual providing services in accordance with the arrangements;
“section 28C arrangements” means arrangements for the provision of services made under section 28C of the 1977 Act; . . .
“section 28C employee” means an individual who, in connection with the provision of services in accordance with section 28C arrangements, is employed by
where the arrangements are for the provision of primary medical services, a person providing services in accordance with the arrangements;
where the arrangements are for the provision of personal dental services, an individual providing services in accordance with the arrangements
“ section 28K contract ” means a general dental services contract under section 28K of the 1977 Act; and
“ section 28Q contract ” means a general medical services contract under section 28Q of the 1977 Act.
(3) The references in subsection (1)(b)(iii) to (ix) to a person or individual who is providing services include a person or, as the case may be, an individual who has provided them within such period as may be prescribed.
17E Personal medical or dental services: regulations.
(1) The Secretary of State may make regulations with respect to the provision of services in accordance with section 17C arrangements.
(2) The regulations must—
(a) include provision for participants other than Health Boards to withdraw from section 17C arrangements if they wish to do so;
(b) impose conditions (including conditions as to qualifications and experience) to be satisfied by ... dental practitioners performing personal dental services, in accordance with section 17C arrangements.
In paragraph (b) “practitioner” does not include a practitioner who is undergoing training of a prescribed description.
(3) The regulations may, in particular—
(a) provide that section 17C arrangements may be made only in prescribed circumstances;
(b) provide that section 17C arrangements may be made only in prescribed areas;
(c) provide that only prescribed services, or prescribed categories of service, may be provided in accordance with section 17C arrangements;
(ca) impose conditions (including conditions as to qualifications and experience) to be satisfied by persons performing primary medical services in accordance with section 17C arrangements;
(cb) provide for the circumstances in which a person providing primary medical services under section 17C arrangements—
(i) must, or may, accept a person as a patient to whom such services are provided under section 17C arrangements;
(ii) may decline to accept a person as such a patient;
(iii) may terminate responsibility for a patient;
(cc) make provision as to the right of patients to choose the persons from whom they are to receive primary medical services under section 17C arrangements;
(d) require details of section 17C arrangements to be published;
(e) make provision with respect to the variation and termination of section 17C arrangements;
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) provide for parties to section 17C arrangements to be treated, in such circumstances and to such extent as may be prescribed, as health service bodies for the purposes of section 17A;
(i) provide for directions, as to payments, made under section 17A(8) (as it has effect as a result of regulations made by virtue of paragraph (h)) to be enforceable in like manner as extract registered decrees arbitral bearing warrant for execution issued by the sheriff court of any sheriffdom in Scotland;
(j) confer powers or impose duties on the Dental Practice Board in relation to agreements made by virtue of section 17C(1) under which personal dental services are provided;
(k) authorise Health Boards to make payments of financial assistance for prescribed categories of preparatory work undertaken—
(i) in connection with preparing proposals for section 17C arrangements; or
(ii) in preparation for the provision of services under proposed section 17C arrangements.
(3A) The regulations may also require payments to be made as respects the provision or performance of primary medical services under section 17C arrangements in accordance with directions given for the purpose by the Scottish Ministers.
(3B) A direction under subsection (3A) may make provision having effect from a date before the date of the direction, provided that, having regard to the direction as a whole, the provision is not detrimental to the persons to whose remuneration it relates.
(3C) The regulations may also include provision requiring a Health Board, in prescribed circumstances and subject to prescribed conditions, to enter into a general medical services contract on prescribed terms with any person providing services under section 17C arrangements who so requests.
(3D) The regulations may make provision for the resolution of disputes as to the terms of any proposed section 17C arrangements for the provision of primary medical services, including, without prejudice to that generality, provision for—
(a) the referral of the terms of the proposed arrangements to the Scottish Ministers; and
(b) the Scottish Ministers, or a person or panel of persons appointed by them, to determine the terms on which the arrangements may be made.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) The power to make provision under this section of the kind mentioned in subsection (3)(j) includes power—
(a) to authorise or require the Dental Practice Board to perform on behalf of a Health Board functions of a prescribed description (including functions relating to remuneration) which have been delegated to the Dental Practice Board by the Health Board in accordance with a power conferred by the regulations;
(b) to provide that functions conferred by the regulations are only to be exercised by the Dental Practice Board in accordance with directions of the Secretary of State;
(c) to require information for the purpose of performing any functions conferred or imposed on the Dental Practice Board under this section.
(9) In this Act “section 17C arrangements” means arrangements for the provision of services made under section 17C.