Section 76.
1 The Secretary of State shall appoint a person to hold the inquiry and to report thereon to him.
2 The Secretary of State or the person appointed to hold the inquiry shall send to any person who appears to them to be interested, notification of the time when and the place where the inquiry is to be held.
3 The person appointed to hold the inquiry may by notice require any person—
(a) to attend at the time and place set forth in the notice, to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry; or
(b) to furnish within such reasonable period as is specified in the notice such information relating to any matter in question at the inquiry as the person appointed to hold the inquiry may think fit, and as the person so required is able to furnish; but—
(i) no person shall be required in obedience to such a notice to attend at any place which is more than 10 miles from the place where he resides unless the necessary expenses are paid or tendered to him; and
(ii) nothing in this paragraph shall empower the person appointed to hold the inquiry to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.
4 The person appointed to hold the inquiry may administer oaths and examine witnesses on oath, and may accept in lieu of evidence on oath by any person a statement in writing by that person.
5 Any person who refuses or wilfully neglects to attend in obedience to a notice under paragraph 3, or to give evidence, or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or document which he may be required by any such notice to produce, or who refuses or wilfully neglects to furnish any information which he is required to furnish under sub-paragraph (b) of paragraph 3, shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale or to imprisonment for a period not exceeding 3 months.
6 The expenses incurred by the Secretary of State in relation to any inquiry held under this Act (including a reasonable sum for the services of any officer engaged in the inquiry) shall be paid by such of the parties to the inquiry in such proportions as the Secretary of State may order.
7 The Secretary of State may make orders as to the expenses incurred by the parties appearing at any such inquiry and as to the parties by whom such expenses shall be paid.
8 Any order by the Secretary of State under paragraph 6 or paragraph 7 may be enforced in like manner as a recorded decree arbitral.
SCHEDULE 13 Acquisition of Property Other than Land
Section 79.
1 Where under this Act, in connection with the acquisition of any premises, the Secretary of State proposes to acquire any equipment, furniture or other moveable property used in or in connection with the premises, he may, at any time after the acquisition of the premises (in the case of acquisition by agreement) or at any time after the service of a notice to treat (in the case of a compulsory acquisition of premises), serve a notice on the owner of the premises specifying the property proposed to be acquired and specifying the time within which and the manner in which any objection to such acquisition may be made.
2 If any objection is duly made the Secretary of State shall afford to the said owner an opportunity of appearing before, and being heard by, a person appointed by him for the purpose; and after considering any such objection and the report of the person so appointed by him, the Secretary of State shall either withdraw the notice aforesaid or serve upon the owner a notice confirming that notice.
3 The property with respect to which a notice is served under paragraph 1 and is not withdrawn shall—
(a) if no objection is duly made to the notice, vest in the Secretary of State at the expiration of the time for making such an objection;
(b) if such an objection is duly made and the notice is confirmed by a notice served under paragraph 2, vest in the Secretary of State on the service of the last mentioned notice;
and shall in each case vest free of any pledge, lien or right in security.
4 Where any property is acquired in accordance with this Schedule there shall be paid by way of compensation to the owner of the property concerned a sum equal to the price which he might reasonably have been expected to have obtained upon a sale of the property effected by him immediately before the acquisition of the property by the Secretary of State; and any dispute as to the amount of such compensation shall be determined by arbitration; and the compensation shall accrue due at the time when the property vested in the Secretary of State.
5 Where property in respect of which compensation is payable as aforesaid was, immediately before the acquisition thereof by the Secretary of State, in the possession of some person by virtue of a hire purchase agreement, that person may, by a notice served on the Secretary of State, make a claim to have apportioned to him such part of the compensation as may be specified in his claim; and in default of agreement between the parties the claim shall be determined by arbitration, and the arbiter may apportion the compensation between the owner and the other person in such manner as appears to him to be just.
6 Any such compensation shall carry interest, as from the time when it accrues due until payment, at such rate as the Treasury may from time to time by order prescribe.
7 Where any sum by way of compensation is paid in accordance with this Schedule in respect of any property and, at the time when the compensation accrues due, the property is subject to any pledge, lien or right in security, the sum so paid shall be deemed to be subject to that pledge, lien or right.
SCHEDULE 14 Action not subject to investigation by the Commissioner
Section 93.
1 Action taken by medical practitioners, dental practitioners, ophthalmic or dispensing opticians or pharmacists in pursuance of their contracts with Health Boards under Part II or with Executive Councils under Part IV of the National Health Service (Scotland) Act 1947.
2 Action taken in connection with the diagnosis of illness or disease or the care or treatment of a patient, being action which, in the opinion of the Commissioner, was taken solely in the exercise of clinical judgment, whether formed by the person taking the action or by any other person.
3 Action taken by a Health Board or a Joint Ophthalmic Committee in the exercise of functions under—
(a) the National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1974, or
(b)
(c) any regulations amending or replacing those regulations , or
(d) any regulations revoked by any of the regulations mentioned in paragraphs (a) and (c).
4 Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to service under this Act or any Act relating to the National Health Service repealed by this Act.
5 Action taken in matters relating to contractual or other commercial transactions other than in matters arising from arrangements between a body subject to investigation and an authority or body outwith the health service for the provision of services to patients by that authority or body.
6 Action which has been or is the subject of an inquiry under section 69 of the National Health Service (Scotland) Act 1947 or section 76 of this Act.
7 Action in relation to which the protective functions of the Mental Welfare Commission have been, are being or may be exercised under the Mental Health (Scotland) Act 1984.
Section 109.
General
1 (1) In so far as—
(a) any agreement, appointment, apportionment, authorisation, determination, scheme, instrument, order or regulation made by virtue of an enactment repealed by this Act, or
(b) any approval, consent, direction, or notice given by virtue of such an enactment, or
(c) any complaint made or investigation begun by virtue of such an enactment, or
(d) any other proceedings begun by virtue of such an enactment, or
(e) anything done or having effect as if done,
could, if a corresponding enactment in this Act were in force at the relevant time, have been made, given, begun or done by virtue of the corresponding enactment, it shall, if effective immediately before the corresponding enactment comes into force, continue to have effect thereafter as if made, given, begun or done by virtue of that corresponding enactment.
(2) Where—
(a) there is any reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or to a thing omitted, or to an event which has occurred, under or for the purposes of or by reference to or in contravention of any provisions of this Act, then,
(b) that reference shall be construed (subject to its context) as including a reference to the corresponding thing done or required or authorised to be done, or omitted, or to the corresponding event which occurred, as the case may be, under or for the purposes of or by reference to or in contravention of any of the corresponding provisions of the repealed enactments.
2 Where any enactment passed before the commencement of this Act, or any instrument or document, refers either expressly or by implication to an enactment repealed by this Act, the reference shall (subject to its context) be construed as or as including a reference to the corresponding provision of this Act.
3 Where any period of time specified in an enactment repealed by this Act is currrent at the commencement of this Act, this Act has effect as if its corresponding provision had been in force when that period began to run.
Section 37 of the National Health Service (Scotland) Act 1947
4 Notwithstanding the repeal by this Act of section 37 of the National Health Service (Scotland) Act 1947 (compensation for loss of right to sell a medical practice) that section shall continue to have such effect as may be necessary for the purposes of sections 1 to 7 of the National Health Service (Amendment) Act 1949.
The saving made by this paragraph applies to section 51 of the National Health Service Reorganisation Act 1973 (which amended section 37 of the National Health Service (Scotland) Act 1947), and to any regulations made under that section 37 which were in force immediately before the coming into force of this Act.
Persons authorised to provide pharmaceutical services
5 A person who for three years immediately before 16th December 1911 acted as a dispenser to a medical practitioner or a public institution is in the same position in relation to the undertaking referred to in section 28(2) regarding the dispensing of medicines as a registered pharmacist.
Disqualification of practitioners
6 Where by virtue of section 43(8) of the National Health Service (Scotland) Act 1947 a person’s name was disqualified for inclusion in any list referred to in section 43(1) of that Act, that person’s name is disqualified for inclusion in any list referred to in section 29(1), until such time as the Tribunal direct to the contrary.
Section 4 of the Health Services and Public Health Act 1968
7 An undertaking given before the coming into force of section 4(1) of the Health Services and Public Health Act 1968 in respect of payment under section 4 of the National Health Service (Scotland) Act 1947 (accommodation available on part payment) continues to have the same effect as it had immediately before the coming into force of this Act.
Compensation of officers
8 Notwithstanding the repeal by the National Health Service (Scotland) Act 1972 of section 67 of the said Act of 1947, regulations made under paragraphs (c) to (e) of subsection (1) of that section shall continue to have effect until revoked by regulations under this Act.
Vehicles under section 33 of the Health Services and Public Health Act 1968
9 The provision of vehicles as mentioned in section 33 of the Health Services and Public Health Act 1968, and the taking of any such action as is mentioned in subsection (2) of that section, shall for the purposes of the National Health Service (Scotland) Act 1947 be treated as having been included among hospital and specialist services provided under Part II of that Act of 1947 as from its commencement.
Saving of amendments
10 Notwithstanding the repeal by this Act of sections 53 and 74 and Part I of Schedule 11 to the National Health Service (Scotland) Act 1947, and section 64(1) and Schedule 6 to the National Health Service (Scotland) Act 1972 and section 57(1) and Schedule 4 to the National Health Service Reorganisation Act 1973—
(a) the amendments made by Part I of Schedule 11 to that Act of 1947 to the Public Health (Scotland) Act 1897, and
(b) the amendments made by section 53 and paragraphs 37 to 77, 82, 83(a), 84 to 92, . . . 95 to 97, 101, 102, 104 to 107(a), 108 to 115, 117, 119 to 122, 129, 135(b) to (c), 136(b), 138 to 140, 150, 152(b), 155 to 156A of Schedule 6 to that Act of 1972, and
(c) the amendments made by paragraphs 69(2), 82, 96, 102, 106, 109, 123, 128, 130, 133, 134, 140 and 141 of Schedule 4 to that Act of 1973,
shall continue to have the same effect as they had immediately before the coming into force of this Act, subject to any amendments made under this Act.
Transfer of property of voluntary organisations
11 Notwithstanding the repeal by this Act of section 23(2) of the National Health Service (Amendment) Act 1949, section 23(1) of that Act shall be deemed to have had effect as from 5th July 1948.
Investigations by the Health Service Commissioner for Scotland
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Permission deemed to have been granted under section 9(5) of the Health Services Act 1976
13 Where under any arrangements terminated by virtue of section 9(5) of the Health Services Act 1976—
(a) a person was deemed to have been granted under that section permission to use accommodation and facilities to the same extent and for the same purposes as were covered by those arrangements, then
(b) that person shall be deemed to have been granted under section 64 of this Act the like permission (and the provisions of that section shall apply accordingly).
Borrowing from the Hospital Trust by Boards of Management and Regional Hospital Boards
14 Notwithstanding the repeal by this Act of the provisions of section 6(2) and (3) of the Hospital Endowments (Scotland) Act 1971 relating to borrowings from relevant endowments by Boards of Management and Regional Hospital Boards, regulations made under that section shall continue to have effect until revoked by regulations under this Act.
Health functions of local authorities
15 Notwithstanding the repeal by this Act of section 27 of the National Health Service (Scotland) Act 1947 (functions of local authorities relating to the prevention of illness, care and after-care), that section shall continue to have the same effect for the purposes of section 1(4) of the Social Work (Scotland) Act 1968 as it had immediately before the coming into force of this Act.
SCHEDULE 16 Consequential Amendments of Enactments
The Polish Resettlement Act 1947
1 In section 11(3)(b) (application to Scotland), for the words “the National Health Service (Scotland) Acts 1947 to 1972" substitute the words “the National Health Service (Scotland) Act 1978".
The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947
2 In section 1(1)(d) (compulsory purchase of land by the Secretary of State), for the words “:58 of the National Health Service (Scotland) Act 1972" substitute the words “79 of the National Health Service (Scotland) Act 1978".
The National Assistance Act 1948
3 (1) In section 47 (removal of persons in need of care)—
(a) in subsection (8), for the words “Acts 1947 to 1972" substitute the words “Act 1978";
(b) in subsection (10), for the words “section sixteen of the National Health Service (Scotland) Act 1947" substitute the words “ section 45 of the National Health Service (Scotland) Act 1978" and for the word “sixteen" substitute the word “45".
(2) In section 64 (interpretation), in the definition of “hospital", for the words “eighty" and “1947" substitute the words “108" and “1978" respectively;
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Law Reform (Personal Injuries) Act 1948
4 In seciton 2(4) (measure of damages), for the words “National Health Service (Scotland) Act 1947" substitute the words “National Health Service (Scotland) Act 1978".
The Children Act 1948
5 In section 59(1) (interpretation), in the definition of “hospital", for the words “section eighty of the National Health Service (Scotland) Act 1948" substitute the words “section 108(1) of the National Health Service (Scotland) Act 1978".
The Nurseries and Child Minders Regulation Act 1948
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Nurses (Scotland) Act 1951
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12, 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Public Bodies (Admission to Meetings) Act 1960
14 In paragraph (2) of the Schedule (bodies to which Act applies), in sub-paragraph (d), for the words “1972" substitute the words “ 1978".
15—18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Redundancy Payments Act 1965
20 In Schedule 3 (National Health Service Employers), in paragraph 7, for the words “section 13(8) of the National Health Service (Scotland) Act 1972" substitute the words “section 2(11) of the National Health Service (Scotland) Act 1978".
The National Health Service 1966
21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23 In section 11, for words “1947" substitute the words “1978".
The Superannuation (Miscellaneous Provisions) Act 1967
24 In section 7(5) (superannuation provisions of the National Health Service Acts), for the words “Acts 1947 to 1972" substitute the words “Act 1978".
25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Health Services and Public Health Act 1968
26 (1) In section 59(2) (extension of power), for the words “IV" and “1947" substitute the words “II" and “1978" respectively.
(2) In section 63 (provision of instruction for employees)—
(a) in subsection 2(d), for the words “IV" and “1947" substitute the words “II" and “1978" respectively;
(b) in subsection (8), in paragraph (b) of the definition of “the relevant enactmetns", for the words “section 6 of the Natioanl Haelth Service (Scotland) Act 1972" substitute the words “section 39 of the National Health Service (Scotland) Act 1978".
27 In section 64 (financial assistance to voluntary organisations)—
(a) in subsection (4)(a), for the words “1972" substitute the words “1978";
(b) in subsection (4)(b), for the words “IV" and “1947" substitute the words “II" and “1978".
28 In section 65(6) (assistance by local authorities to voluntary organisations), in paragraph (c) of the substituted subseciton (2B), for the words “1947 to 1972" substitute the words “1978".
The Social Work (Scotland) Act 1968
29 (1) In section 60(1)(f) (control of certain establishments), for the words “1947 or the National Health Service (Scotland) Act 1972" substitute the words “1978".
(2) In section 86(3) for the words “Part II of the |National Health Service (Scotland) Act 1947" substitute the wprds “Part II of the National Health Service (Scotland) Act 1978".
(3) In section 94(1), in the definition of “hospital", for the words “1947" substitute the words “1978".
The Medicines Act 1968
30 In section 131(5) (meaning of certain expressions), for the words “Acts 1947 to 1972" substitute the words “Act 1978".
31 In section 132(1) (interpretation), in the definition of “health centre", for the words “section 2 of the National Health Service (Scotland) Act 1972" substitute the words “section 36 of the National Health Service (Scotland) Act 1978".
The Post Office Act 1969
32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Chronically Sick and Disabled Persons Act 1970
33 In section 17(1) (separation of younger from older patients), for the words “1972" substitute the words “1978".
34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Tribunals and Inquiries Act 1971
35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Finance Act 1971
36 In Schedule 13 (health service agreement) in paragraph 1(1) for the words “1947" substitute the words “1978".
37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Goverment (Scotland) Act 1973
38 In section 197 (inspection of documents) for the words “1972" substitute the words “1978".
The Trade Union and Labour Relations Act 1974
39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Social Security Act 1975
40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Criminal Procedure (Scotland) Act 1975
41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The House of Commons Disqualification Act 1975
42 In Schedule 1 in Part II (bodies of which all members are disqualified), in the entry relating to the Medical Practices Committee for the words “section 35 of the National Health Service (Scotland) Act 1947" substitute the words “section 3 of the National Health Service (Scotland) Act 1978".
43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Patents Act 1977
45 In section 56(4), in paragraph (a), for the words “Part IV of the National Health Service (Scotland) Act 1947" substitute the words “Part II of the National Health Service (Scotland) Act 1978"
Chapter | Short Title | Extent of Repeal
10 & 11 Geo. 6. c. 27. | The National Health Service (Scotland) Act 1947. | The whole Act.
12, 13 & 14 Geo. 6. c. 93. | The National Health Service (Amendment) Act 1949. | Section 8.
Sections 10 and 11.
Sections 14 to 18.
Sections 20(1), (3) and 21.
Sections 23 and 28.
In section 32(1), the words “and this Act" where they second occur to “1947 and 1949".
In the Schedule, Part II.
14 & 15 Geo. 6. c. 31. | The National Health Service Act 1951. | The whole Act.
15 & 16 Geo. 6 & 1 Eliz. 2. c. 25. | The National Health Service Act 1952. | The whole Act.
1 & 2 Eliz. 2. c. 41. | The Hospital Endowments (Scotland) Act 1953. | The whole Act.
9 & 10 Eliz. 2. c. 19. | The National Health Service Act 1961. | The whole Act.
1964 c. 60 | The Emergency Laws (Re-enactments and Repeals) Act 1964. | Section 5.
In section 15, the words “the National Health Service (Scotland) Acts 1947 to 1972".
1966 c. 8. | The National Health Service Act 1966. | In section 12(2), from the words “so far as" where they second occur to the end.
1968 c. 46. | The National Health Services and Public Health Act 1968. | In section 63(8), in paragraph (b) of “the relevant enactments", the words “the 1947 Act".
In section 64(4), in the substituted paragraph (a), the words “the National Health Service (Scotland) Act 1947".
In section 79(1), from the words “and the" where they second occur to the words “1947 to 1968".
In Schedule 2, Part II.
In Schedule 3, Part I.
1968 c. 67. | The Medicines Act 1968. | In Schedule 5, paragraph 12.
1971 c. 8. | The Hospital Endowments (Scotland) Act 1971. | The whole Act.
1972 c. 58. | The National Health Service (Scotland) Act 1972. | The whole Act except sections 24(2), 26 to 28, 32 to 36, 52, 53, 61(1)-(3), and Schedule 4.
1973 c. 32. | The National Health Service Reorganisation Act 1973. | The whole Act.
1976 c. 48 | The Parliamentary and other Pensions and Salaries Act 1976. | Section 7.
1976 c. 59. | The National Health Service (Vocational Training) Act 1976. | The whole Act.
1976 c. 83. | The Health Services Act 1976. | Section 2.
Sections 4 and 5.
Sections 7 to 11.
In section 23 subsections (3) and (4).
In Schedule 1, Part VI.
Schedule 3.
In Schedule 4, Part II.