Law

National Health Service (Scotland) Act 1978

United Kingdom · statute

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

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

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

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

Proposed changes to this act

No one has proposed a change to this act yet.

286 provisions

32 Regulations as to sections 29 to 31.

(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.

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32A Applications for interim suspension.

(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.

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32B Suspension pending appeal.

(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.

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32C Sections 32A and 32B: procedure etc.

(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.

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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.

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32E Payments in consequence of suspension.

(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.

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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.

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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.

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35 Sale of medical practices.

(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.

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35A Interpretation of Part II.

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.

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36 Accommodation and services.

(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.

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37 Prevention of illness, care and after-care.

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.

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38 Care of mothers and young children.

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.

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38A Breastfeeding

(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.

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38B Detection of vision problems in children

(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.

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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.

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40 Vaccination and immunisation.

(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.

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41 Family planning.

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.

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42 Health education.

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.

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43 Control of spread of infectious disease.

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.

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44 Supplies of blood and other substances.

(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).

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45 Ambulances.

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.

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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.

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46A Provision of communication equipment

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.

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47 Educational and research facilities.

(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.

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48 Residential and practice accommodation.

(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.

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49 Maximum prices of medical supplies may be controlled.

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50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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.

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55 Hospital accommodation on part payment.

(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)

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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.

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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.

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58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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.

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65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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.

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70 Charges for dental or optical appliances.

(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.

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