(1) Regulations shall make provision—
(a) for inquiries. . . under sections 29 to 30to be held in accordance with such procedure as may be prescribed by or determined under the regulations. . . and, in particular, for . . . any person who is the subject of such an inquiry to be informed, as soon as may be, of the substance of any charge or complaint to which the inquiry relates and to have an opportunity—
(i) of appearing, either in person or by counsel or solicitor or such other representative as may be prescribed, before the Tribunal . . ., and
(ii) of being heard by the Tribunal . . ., and of calling witnesses and producing other evidence on his behalf,
and for the hearing, . . . to be in public if the person who is the subject of the inquiry so requests;
(b) for conferring on the Tribunal . . .such powers as the Secretary of State considers necessary for the purpose of holding such inquiries, including power to require the attendance of witnesses and the production of documents and to administer oaths; and
(c) for the publication of decisions of the Tribunal . . . under this section and of the imposition and removal of any disqualification or conditionimposed by virtue of this section, and for the intimation to any person who is the subject of such an inquiry of the grounds upon which any disqualification or conditionhas been imposed in his case.
(2) Regulations under subsection (1)(a) may in particular provide that, where (apart from the regulations) it would be the duty of the Tribunal to inquire into an efficiency case and a fraud case or an unsuitability case or any other combination of more than one such category of case in respect of the same person, they may inquire into one case before inquiring into the other and, after proceedings in the first case are finally disposed of, may if they think it appropriate adjourn the other case indefinitely.
(1) A Health Board who have made representations under section 29 may, at any time before the case is disposed of by the Tribunal, apply to the Tribunal for a direction to be made under subsection (2) below in relation to the person to whom the case relates.
(1A) A Health Board may, if they have requested a review of a conditional disqualification on the ground mentioned in section 30(3)(b) or (c), at any time before the review is concluded apply to the Tribunal for a direction to be made under subsection (2) in relation to the person to whom the review relates.
(2) If, on an application under this section, the Tribunal are satisfied that either of the conditions for doing so is satisfied, they shall direct that subsection (3) below shall apply to the person concerned as respects
(a) services of the kind to which the case in question, or the case to which the review in question, relates; and
(b) if the services are either general dental services or personal dental services, both general dental services and personal dental services.
(2A) The conditions for giving such a direction are—
(a) that it is necessary to do so in order to protect persons who are, or may be, provided with primary medical services , pharmaceutical care services or services under this Part , section 17C arrangements or a pilot scheme to which the case in question, or the case to which the review in question, relates; or
(b) that it is otherwise in the public interest to do so.
(3) A person to whom this subsection applies shall—
(a) be deemed to have been removed from any relevant list in which his name is included, and
(b) be disqualified for inclusion in any relevant list in which his name is not included, . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) A direction under subsection (2) above shall cease to have effect on the Tribunal’s disposing of the case or review in connection with which it is made.
(5) In subsection (2) above, the reference to patients is to persons to whom services of the kind to which the case in question relates are, or may be, provided under this Part of this Act.
(6) In the application of subsection (3) above to any person—
(a) “relevant list” means
(i) a list of persons performing;
(ii) a list of persons undertaking to provide and of persons approved to assist in providing,
services of the kind to which the direction applying the subsection to him relates . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Regulations may provide that where a Health Board, in accordance with regulations made under section 17F, 17P, 17X, 25(2) or 26(2), suspend a person from a list prepared under regulations made under the section in question and the Board apply to the Tribunal for a direction to be made under subsection (2) in relation to the person to whom the suspension applies, the suspension may continue until the Tribunal determine the application.
(1) Where, on disposing of a case under section 29B, the Tribunal make a . . . disqualification, they may, if they consider that either of the conditions mentioned in section 32A(2A) is satisfied, direct that section 32A(3) shall apply or, if a direction has been given under section 32A(2), shall continue to apply to him as respects services of the kind to which the disqualification relates.
(2) A direction under subsection (1) above shall cease to have effect—
(a) where no appeal against the . . . disqualification is brought, at the end of the period for bringing an appeal, and
(b) where an appeal against the disqualification is brought, when the appeal process has been exhausted.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In subsection (1) above, the reference to patients is to persons to whom services of the kind to which the direction under section 29(3)(b) relates are, or may be, provided under this Part of this Act.
(1) Before making a direction under section 32A(2) or 32B(1) in relation to any person, the Tribunal shall give him an opportunity—
(a) to appear before them, either—
(i) in person; or
(ii) by counsel or solicitor or such other representative as may be prescribed; and
(b) to be heard and to call witnesses and produce other evidence.
(2) Regulations may—
(a) make provision for, or for the determination of, procedure in relation to determining applications under section 32A or the exercise of the power conferred by section 32B(1), and
(b) provide for the functions of the Tribunal under section 32A or 32B to be carried out, or to be carried out in prescribed circumstances, by the chairman or a deputy chairman of the Tribunal.
32D Corresponding provision in England or Wales or Northern Ireland
(1) This section applies where it appears to the Scottish Ministers that there is provision in England or Wales or Northern Ireland under which a person may be dealt with in any way which corresponds (whether or not exactly) with a way in which a person may be dealt with under sections 29 to 32B.
(2) A decision in England or Wales or Northern Ireland to deal with such a person in such a way is referred to in this section as a “corresponding decision”.
(3) If this section applies, the Scottish Ministers may make regulations providing for the effect to be given in Scotland to a corresponding decision; and where the decision corresponds (whether or not exactly) with a decision which may be made under section 29C or (so far as relating to conditional disqualification) 30 the regulations may provide for the effect to be given to be determined in the prescribed manner by the Scottish Ministers.
(4) That effect need not be the same as the effect of the corresponding decision in the place where it was made.
(1) Regulations may provide for the making to persons to whom section 32A(3) or 32D(3) applies of payments in consequence of the application of that provision.
(2) Regulations under subsection (1) above may provide for the determination by the Secretary of State in a prescribed manner of anything for which provision may be made by regulations under that subsection.
33 Powers of Secretary of State where services are inadequate.
If the Secretary of State is satisfied, after such inquiry as he may think fit, as respects the area of any Health Board or part of any such area that the persons included in
(a) the first part of any list prepared under section 25(2), being the part which is of dental practitioners and bodies corporate referred to in section 25(1) who undertake to provide general dental services;
(b) the first part of any list prepared under section 26(2), being the part which is of medical practitioners and ophthalmic opticians who undertake to provide general ophthalmic services,
are not such as to secure the adequate provision of the services in question in that area or part, or that for any other reason any considerable number of persons in any such area or part are not receiving satisfactory services under the arrangements in force under this Part, he may authorise the Health Board to make such other arrangements as he may approve, or may himself make other arrangements, and may dispense with any of the requirements of regulations made under this Part so far as appears to him to be necessary to meet exceptional circumstances and enable such arrangements to be made.
34 Exercise of choice of medical practitioner etc. in certain cases.
Regulations may provide that where a right to choose the person by whom services are to be provided under this Part is conferred by or under any provision of this Part, that right shall, in the case of such persons as may be specified in the regulations, be exercisable on their behalf by other persons so specified.
(1) It is unlawful to sell the goodwill of the medical practice of a person who has at any time—
(a) provided general medical services under arrangements made with any Executive Council or Health Board under the National Health Service (Scotland) Act 1947, the National Health Service (Scotland) Act 1972 or (prior to its repeal) section 19 of this Act, or
(b) provided or performed personal medical services in accordance with section 17C arrangements, (prior to the coming into force of section 2C) or
(c) provided or performed primary medical services in accordance with section 17C arrangements or arrangements under section 2C(2) or under a general medical services contract—
(i) in prescribed circumstances; or
(ii) if regulations so provide, in all circumstances,
unless that person no longer provides or performs such services and has never carried on the practice in a relevant area .
(2) In this section—
“goodwill” includes any part of goodwill and, in relation to a person practising in partnership, means his share of the goodwill of the partnership practice;
“medical practice” includes any part of a medical practice; and
“relevant area”, in relation to any Executive Council or Health Board by arrangement or contract with whom a person has at any time provided or performed services as specified in subsection (1)
(3) Schedule 9 supplements the provisions of this section.
Where, under a direction by the Secretary of State, a Health Board has delegated any of its functions to an NHS trust, any reference in this Part to a Health Board in relation to such a delegated function shall, unless the context otherwise requires, include a reference to an NHS trust.
(1) It shall be the duty of the Secretary of State to provide throughout Scotland, to such extent as he considers necessary to meet all reasonable requirements, accommodation and services of the following descriptions—
(a) hospital accommodation, including accommodation at state hospitals;
(b) premises other than hospitals at which facilities are available for any of the services provided under this Act or under the 2021 Act;
(c) medical, nursing and other services, whether in such accommodation or premises, in the home of the patient or elsewhere.
(2) Where accommodation or premises provided under this section afford facilities for the provision of . . . general dental or general ophthalmic services, or of pharmaceutical services, they shall be made available for those services on such terms and conditions as the Secretary of State may determine.
The Secretary of State shall make arrangements, to such extent as he considers necessary to meet all reasonable requirements, for the purposes of the prevention of illness, the care of persons suffering from illness or the after-care of such persons.
It shall be the duty of the Secretary of State to make arrangements, to such extent as he considers necessary, for the care, including in particular medical and dental care, of expectant mothers and nursing mothers and of young children.
(1) The Scottish Ministers shall make arrangements, to such extent as they consider necessary to meet all reasonable requirements, for the purpose of supporting and encouraging the breastfeeding of children by their mothers.
(2) The Scottish Ministers shall have the power to disseminate, by whatever means, information promoting and encouraging breastfeeding.
(1) It is the duty of the Scottish Ministers, to such extent as they consider necessary to meet all reasonable requirements, to provide for the detection of vision problems in children.
(2) In this section, “children” means persons under the age of 16 years.
39 Medical and dental inspection, supervision and treatment of pupils and young persons.
(1) It shall be the duty of the Secretary of State to provide for the medical inspection, at appropriate intervals, and for the medical supervision and treatment, of all pupils in attendance at any school under the management of an education authority or at any self-governing school, and of all young persons in attendance at any other educational establishment under such management.
(2) It is also the Secretary of State’s duty to provide, to such extent as he considers necessary to meet all reasonable requirements—
(a) for the dental inspection of such pupils and young persons as are mentioned in subsection (1);
(b) for their dental treatment; and
(c) for their education in dental health.
(3) It shall be the duty of every education authority and of every board of management to make arrangements for encouraging and assisting pupils and young persons to take advantage of facilities for medical treatment made available under subsection (1) and dental treatment made available for the purpose of subsection (2); but where, in the case of any pupil or young person, his parent gives notice to the authority that he objects to the pupil or young person availing himself of the said facilities, the pupil or young person shall not be encouraged or assisted to do so.
(4) It shall be the duty of every education authority and of every board of management to afford sufficient and suitable facilities for the medical inspection, supervision and treatment, described in subsection (1) and for the dental inspection, treatment and education described in subsection (2).
(5) Expressions used in this section and in the Education (Scotland) Act 1980 have in this section the same meanings as in that Act.
(1) The Scottish Ministers may make arrangements for the vaccination or immunisation of persons against any disease.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The Scottish Ministers may, either directly or by another person, supply free of charge to persons providing services under this section, vaccines, sera or other preparations for vaccinating or immunising persons against any disease.
It shall be the duty of the Secretary of State to make arrangements, to such extent as he considers necessary, for the giving of advice on contraception, the medical examination of persons seeking advice on contraception, the treatment of such persons and the supply of contraceptive substances or appliances.
The Secretary of State shall have power to disseminate, by whatever means, information relating to the promotion and maintenance of health and the prevention of illness.
The Secretary of State may provide or secure the provision of a service, which may include the provision of laboratories, for the control of the spread of infectious disease; and he may allow persons to make use of services provided at such laboratories on such terms (including terms as to the payment of charges) and on such conditions as he may determine.
(1) Where the Secretary of State has acquired supplies of human blood for the purpose of carrying out blood transfusion, or supplies of any other substances or preparations not readily obtainable or has acquired any part of a human body for the purpose of, or in the course of providing, any service under this Act, he may make arrangements for making such supplies available to medical practitioners and other persons who require them or for supplying that part to any person on such terms (including terms as to the payment of charges) and on such conditions as he may determine.
(2) Subsection (1) is subject to section 54 (restriction of powers).
It shall be the duty of the Secretary of State to make such provision as he thinks necessary for securing that ambulances and other means of transport are available for the conveyance of persons suffering from illness or of expectant or nursing mothers or of other persons for whom such transport is reasonably required in order to avail themselves of any service under this Act.
46 Provision of vehicles for persons suffering from physical defect or disability.
(1) The Secretary of State may provide invalid carriages for persons appearing to him to be suffering from severe physical defect or disability, and, at the request of such a person, may provide for him a vehicle other than an invalid carriage.
(2) The Secretary of State shall have power, in the case of an invalid carriage or other vehicle provided by him for, or belonging to, any such person as is mentioned in subsection (1), on such terms and subject to such conditions as he may determine—
(a) to adapt the vehicle for the purpose of making it suitable for the circumstances of that person;
(b) to maintain and repair the vehicle;
(c) to take out insurance policies relating to the vehicle and pay the duty, if any, with which the vehicle is chargeable under the Vehicles (Excise) Act 1971;
(d) to provide a structure for the keeping of the vehicle therein and provide all material and execute all works necessary for the erection of the structure.
(3) The Secretary of State may, on such terms and subject to such conditions as he may determine, make payments by way of grant towards costs incurred by any such person as is mentioned in subsection (1) in respect of all or any of the following matters in relation to an invalid carriage or other vehicle provided by the Secretary of State for, or belonging to, that person, that is to say—
(a) the taking of any such action as is referred to in subsection (2);
(b) the purchase of fuel for the purposes of the vehicle, so far as the cost of the purchase is attributable to duties of excise payable in respect of fuel; and
(c) the taking of instruction in the driving of the vehicle.
(4) Regulations made by the Secretary of State may provide for any incidental or supplementary matter for which it appears to him necessary or expedient to make provision in connection with the taking of any action under subsection (2) or the making of any payment under subsection (3).
(5) In this section “invalid carriage” means a mechanically propelled vehicle specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability, and used solely by such a person.
The Scottish Ministers must, to such extent as they consider necessary to meet all reasonable requirements, provide or secure the provision of—
(a) communication equipment, and
(b) support in using that equipment,
to any person who has lost their voice or has difficulty speaking.
(1) It shall be the duty of the Secretary of State to make available such facilities, in any premises provided by him under this Act, as appear to him to be reasonably required for undergraduate and post-graduate clinical teaching and research, and for the education and training of persons providing or intending to provide services under this Act.
(2) Without prejudice to the general powers and duties conferred or imposed on the Secretary of State under the Scottish Board of Health Act 1919, the Secretary of State may conduct, or assist by grants or otherwise any person to conduct, research into any matters relating to the causation, prevention, diagnosis or treatment of illness, or into such other matters relating to the health service as he thinks fit.
(1) The Secretary of State may provide, on such terms and conditions as may be agreed, residential accommodation for officers employed for the purposes of any of his functions under this Act, or for officers employed by a voluntary organisation for the purposes of any service provided under this Part.
(2) The Secretary of State may, in any case, in view of the special circumstances thereof, provide, on such terms and conditions as may be agreed—
(a) residential accommodation for medical and dental practitioners providing services under Part II;
(b) practice accommodation for such medical and dental practitioners and for such other persons providing services under this Act as he thinks fit.
(3) In subsection (2) “practice accommodation”, in relation to a person providing services of any kind, means accommodation suitable for the provision of services of that kind.
54 Restriction of powers under sections 44, 50 and 53.
The Secretary of State shall exercise the powers conferred on him by the provisions of section 44 (supplies of blood and other substances) only if and to the extent that he is satisfied that anything which he proposes to do or allow under those powers—
(a) will not to a significant extent interfere with the performance by him of any duty imposed on him by this Act to provide accommodation or services of any kind; and
(b) will not to a significant extent operate to the disadvantage of persons seeking or afforded admission or access to accommodation or services at health service hospitals (whether as resident or non-resident patients) otherwise than as private patients.
(1) The Secretary of State may authorise the accommodation described in this section to be made available, for patients to such extent as he may determine, and may recover such charges as he may determine in respect of such accommodation and calculate them on any basis that he considers to be the appropriate commercial basis.
The accommodation mentioned above is—
(a) in single rooms or small wards which are not for the time being needed by any patient on medical grounds;
(b) at any hospital vested in the Secretary of State.
(2)
56 Expenses payable by remuneratively employed resident patients.
The Secretary of state may require any person—
(a) who is a resident patient for whom the Secretary of State provides services under this Act; and
(b) who is absent during the day for the purpose of engaging in remunerative employment from the hospital where he is a patient,
to pay such part of the cost of his maintenance in the hospital and any costs incidental thereto as may seem reasonable to the Secretary of State having regard to the amount of that person’s remuneration, and the Secretary of State may recover the payment so required.
57 Accommodation and services for private patients.
(1) If the Secretary of State is satisfied, in the case of a health service hospital vested in the Secretary of State that it is reasonable to do so, he may authorise accommodation and services at the hospital in question to be made available, to such extent as he may determine, for patients who give undertakings (or for whom undertakings are given) to pay, in respect of the accommodation and services made available, such charges as the Secretary of State may determine and may make and recover such charges as he may determine in respect of such accommodation and services and calculate them on any basis that he considers to be the appropriate commercial basis; but he shall do so only if and to the extent that he is satisfied that to do so—
(a) will not to a significant extent interfere with the performance by him of any duty imposed on him by this Act to provide accommodation or services of any kind; and
(b) will not to a significant extent operate to the disadvantage of persons seeking or afforded admission or access to accommodation or services at health service hospitals (whether as resident or non-resident patients) otherwise than under this section.
(2) The Secretary of State may allow accommodation and services to which an authorisation under subsection (1) above relates to be made available in connection with treatment, in pursuance of arrangements made by a medical practitioner or dental practitioner serving (whether in an honorary or paid capacity) on the staff of a health service hospital for the treatment of private patients of that practitioner.
(3) The Secretary of State shall revoke an authorisation under this section only if and to the extent that he is satisfied that sufficient accommodation and facilities for the private practice of medicine and dentistry are otherwise reasonably available (whether privately or at health service hospitals) to meet the reasonable demand for them in the area served by the hospital in question.
64 Permission for use of facilities in private practice.
(1) A person to whom this section applies who wishes to use any relevant health service accommodation or facilities for the purpose of providing medical, dental, pharmaceutical, ophthalmic or chiropody services to non-resident private patients may apply in writing to the Secretary of State for permission under this section.
(2) Any application for permission under this section must specify—
(a) which of the relevant health service accommodation or facilities the applicant wishes to use for the purpose of providing services to such patients; and
(b) which of the kinds of services mentioned in subsection (1) he wishes the permission to cover.
(3) On receiving an application under this section the Secretary of State—
(a) shall consider whether anything for which permission is sought would interfere with the giving of full and proper attention to persons seeking or afforded access otherwise than as private patients to any services provided under this Act; and
(b) shall grant the permission applied for unless in his opinion anything for which permission is sought would so interfere.
(4) Any grant of permission under this section shall be on such terms (including terms as to the payment of charges for the use of the relevant health service accommodation or facilities pursuant to the permission) as the Secretary of State may from time to time determine.
(5) The persons to whom this section applies are—
(za) persons providing primary medical services; and
(a) persons of any of the following descriptions who provide services under Part II, namely, medical practitioners, dental practitioners, registered pharmacists, and ophthalmic opticians; and
(b) other persons who provide dental, pharmaceutical or ophthalmic services under Part II; and
(c) chiropodists who provide services under this Act at premises where services are provided under Part II.
(6) In this section—
(a) “relevant health service accommodation or facilities”, in relation to a person to whom this section applies, means any accommodation or facilities available at premises provided by the Secretary of State by virtue of this Act, being accommodation or facilities which that person is for the time being authorised to use for the purposes of this Act; or
(b) in the case of a person to whom this section applies by virtue of paragraph (c) of subsection (5), accommodation or facilities which that person is for the time being authorised to use for purposes of this Act at premises where services are provided under Part II.
69 Charges for drugs, medicines or appliances or pharmaceutical services.
(1) Regulations may provide for the making and recovery in such manner as may be prescribed of such charges as may be prescribed in respect of—
(a) the supply under this Act (otherwise than under Part II) of drugs, medicines or appliances (including the replacement and repair of those appliances),
(b) such of the pharmaceutical services referred to in Part II as may be prescribed.
(2) Regulations under subsection (1) may provide for the grant, on payment of such sums as may be prescribed by those regulations, of certificates conferring on the persons to whom the certificates are granted exemption from charges otherwise exigible under the regulations in respect of drugs, medicines and appliances supplied during such period as may be prescribed, and different sums may be so prescribed in relation to different periods.
(3) The additional provisions of paragraphs 1 and 4 of Schedule 11 have effect in relation to this section.
(1) Regulations may provide for the making and recovery in such manner as may be prescribed of charges of such amounts as are mentioned in sub-paragraph (1) of paragraph 2 of Schedule 11, in respect of the supply under this Act of such optical appliances as are mentioned in that sub-paragraph.
(1A) Regulations may provide for the making and recovery in such manner as may be prescribed of charges of amounts calculated in accordance with section 71A in respect of the supply under this Act of dentures and other dental appliances of prescribed descriptions.
(2) If the Secretary of State, after consultation with the university associated with any hospital providing facilities for clinical dental teaching, is satisfied that it is expedient in the interests of dental training or education that the charges imposed by subsection (1A) should be remitted in the case of dental services provided at that hospital, either generally or subject to limitations or conditions, he may by order provide for that purpose.
Any order made under this subsection may be revoked or varied by a subsequent order made by the Secretary of State after such consultation as is mentioned above.
(3) The additional provisions of paragraphs 2 and 5 of Schedule 11 have effect in relation to this section.