
1 

(1) This Order may be cited as the Scottish Council for Postgraduate Medical and Dental Education Order 1993.
(2) This Order shall come into force on 1st April 1993.
2 

(1) For the purposes of this Order unless the context otherwise requires—
 “the Act” means the National Health Service (Scotland) Act 1978;
 “the Board” means the Special Health Board, to be known by the name of the Scottish Council for Postgraduate Medical and Dental Education which is constituted by this Order;
 “enactment” includes order and regulation.
(2) In this Order unless the context otherwise requires, a reference to an article or Schedule is to an article of, or the Schedule to, this Order and a reference to a paragraph is to a paragraph of the article in which the reference is made.
3 
There is hereby constituted a Special Health Board for the whole of Scotland to be known by the name of the Scottish Council for Postgraduate Medical and Dental Education.
4 

(1) The Board shall exercise the following functions of the Secretary of State namely:—
(a) functions in relation to postgraduate education and research facilities conferred on him by the Act including, without prejudice to the foregoing generality, those specified in section 47 (educational and research facilities), and
(b) functions specified in paragraph (2) subject, however, to any limitations there specified.
(2) The functions specified in this paragraph are as follows:—
(a) the power of the Secretary of State to assist voluntary organisations under section 16 of the Act();
(b) the power of the Secretary of State to give financial assistance to voluntary organisations under section 16B of the Act() limited to assisting such organisations to which that section would apply if the expression “relevant service” within the meaning thereof were limited to the provision of facilities appearing to the Board to be reasonably required for postgraduate clinical teaching and research and for postgraduate education and training of persons providing or intending to provide services under the 1978 Act, and the assistance were upon such terms and subject to such conditions as the Secretary of State, with the approval of the Treasury, might determine;
(c) the powers of the Secretary of State under section 79(1) of the Act() to take on lease or to purchase moveable property and land which is required for the purposes of the Board and to use for those purposes and manage any heritable or moveable property so acquired;
(d) the powers of the Secretary of State under section 79(1A) of the Act() to dispose of land no longer required for the purposes of the Board disregarding so much of that sub-section as relates to the function of the Secretary of State to authorise certain officers to execute instruments on his behalf;
(e) the power of the Secretary of State under paragraph 4 of Schedule 1 to the Act(), as applied in relation to the Board by article 5, to pay remuneration to the Chairman of the Board and to such other members thereof as may be prescribed so, however, that this sub-paragraph shall not be construed as extending to the power to determine the remuneration or to prescribe the members to whom it may be paid; and
(f) the power of the Secretary of State under paragraph 13 of Schedule 1 to the Act, as applied in relation to the Board by article 5, to pay to members of the Board, and any Committees and sub-committees thereof, travelling and other allowances so, however, that this sub-paragraph shall not be construed as extending to the power to determine the amount of such allowances.
(3) In exercising any functions of the Secretary of State to acquire, use, manage or dispose of land the Board shall ensure—
(a) that any instrument in connection with the exercise of those functions is in the name of the Secretary of State for Scotland and not that of the Board; and
(b) that, where any such instrument requires to be executed on his behalf by the Secretary of State for Scotland and it is not executed in accordance with section 1(8) of the Reorganisation of Offices (Scotland) Act 1939(), it is executed on his behalf in accordance with section 79(1A) of the Act.
5 

(1) Each of the enactments specified in column 1 of each part of the Schedule (the subject matter of which is described generally in column 2) shall apply in relation to the Board as it applies in relation to Health Boards subject, however, to the modifications and limitations (if any) specified opposite thereto in column 3 and to paragraph (2).
(2) The enactments which are applied in relation to the Board by virtue of paragraph (1) are so applied only for the purposes of the exercise by the Board of the functions conferred on it by this Order.
6 
Nothing in this Order shall prevent the Secretary of State, a Health Board, a Special Health Board, or NHS Trust or the Common Services Agency for the Scottish Health Service from exercising any function conferred or imposed upon any one of them by or under any enactment or rule of law or affect or restrict the exercise of any such function by them or any one of them.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
5th March 1993
SCHEDULE
Article 5(1)
PART I

Column 1 Column 2 Column 3
Enactment Nature of Provision Modifications and Limitations (where applicable)
In Part I
In section 2— Health Boards
Subsection (3) Variation of area and functions of Health Boards
Subsection (4) Provisions incidental to variation of area or functions of Health Boards
Subsection (5) Health Boards to act in accordance with regulations or directions()
Subsection (8) Health Board to act as principal
In section 10— Common Services Agency
Subsection (4) Power to provide that functions of Health Boards may be referred to the Agency
Section 13 Co-operation between Health Boards and other Authorities
In section 15—
Subsection (1)(b) Supply of goods to local and education authorities and other public bodies
Subsection (1)(c) Provision of services to local and education authorities()
Subsection (1)(d) Use of health service premises by local and education authorities
Subsection (1)(e) Use of health service vehicles etc by local and education authorities
Subsection (2) Arrangements with third parties for the supply of goods and materials Applied so far as it relates to subsection (1)(b).
Section 17A Power to enter into arrangements with NHS bodies for the provision of goods and services (“NHS contracts”)()
In Part IV
Section 77 Default powers
In Part V
In Section 79—
Subsection (1A) Power of Secretary of State to dispose of land and, where he has delegated any function relating to the acquisition, management or disposal of land, power to authorise any officer of a Health Board to execute any instrument on his behalf
Subsection (3) Power to acquire moveable property on behalf of the Secretary of State
In section 83—
Subsection (1) Power to hold property on trust
Section 84 Power to trustees to make payments to Health Boards
Section 84A Power to raise money and property by appeals, collections and other similar activities()
In section 85—
Subsection (1) Payment of expenses of certain bodies()
Subsection (2A) Power to make directions to bodies listed in subsection (1)()
In section 85A—
Subsection (1) Duty of bodies referred to in section 85(1) as regards expenditure()
Subsection (3) Power to make directions in relation to duty under subsection (1)
Subsection (4) Disregard for the purposes of the section of certain trust funds
Section 85B Power to make provision for meeting losses and liabilities etc. of certain health service bodies()
Section 86 Provisions in relation to the keeping and auditing of accounts, to their submission to the Secretary of State and to their summarisation by the Secretary of State()
Section 87 Power to make regulations as to financial arrangements of health service bodies
Part VI Health Service Commissioner for Scotland
In Part VII—
Section 101 Protection of Health Boards
In Schedule 1— Health Boards
Paragraph 1 Health Boards to be bodies corporate and have a common seal
Paragraph 2 Appointment of Chairman and members
Paragraph 4 Payment of remuneration to the Chairman and such members of Health Boards as may be prescribed()
Paragraph 5 Employment of officers and servants()
Paragraph 6 Power to make regulations as to method of appointment, qualifications, remuneration and conditions of service of officers and servants
Paragraph 7 Officers and servants employed in accordance with regulations and directions()
Paragraph 7A Power to make regulations providing for transfer of officers and servants()
Paragraph 7B Directions to Health Boards to place officers or servants at disposal of other bodies()
Paragraph 9 Application of the seal of Health Boards For the words “one member” there shall be substituted the words “two members” and the words after “member of the Board” to the end of the paragraph shall be omitted
Paragraph 10 Proof of instruments
Paragraph 11 Power to make regulations as to appointments, committees and procedure()
Paragraph 11A Subscription to funds of other bodies()
Paragraph 12 Proceedings not to be invalidated by vacancies
Paragraph 13 Payment to members of a Health Board, the Committees and sub-committees thereof of travelling and other allowances, including compensation for loss of remunerative time The words “, including compensation for loss of remunerative time,” shall be omitted
Paragraph 14 Allowances not payable except in circumstances determined by the Secretary of State
Paragraph 15 Time and method of payment of allowances
In Schedule 5— Common Services Agency
Paragraph 7B Power to make regulations providing for the transfer of officers and servants()
Paragraph 7C Power to make directions as to placing of staff with other bodies()
PART II

Column 1 Column 2 Column 3
Enactment Nature of Provision Modifications and Limitations (where applicable)
The Public Bodies (Admission to Meetings) Act 1960() Admission of the public to meetings
The House of Commons Disqualification Act 1975()—
In Schedule 1, Part III the entry relating to Chairman or any member, not being also an employee, of a Health Board() Offices disqualifying for membership of the House of Commons
Overseas Development and Co-operation Act 1980()—
In Section 2 Subsection (1)(a) and (c) Powers of National Health Service bodies in Scotland to enter into and carry out agreements to furnish technical assistance outside the UK.
Schedule 1 Statutory bodies with powers under section 2(1) limited to the reference in Part IV to “A Health Board”
PART III

Column 1 Column 2 Column 3
Enactment Nature of Provision Modifications and Limitations (where applicable)
The National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974() Prohibits employment for provision of services under the National Health Service of certain health professionals unless they are registered under the Professions Supplementary to Medicine Act 1960()
The National Health Service (Financial Provisions) (Scotland) Regulations 1974() Preparation of estimates of income and expenditure and accounts of Health Boards and related matters of a financial nature Limited so as to exclude the application of any provisions relative to Local Health Councils or the Common Services Agency
The National Health Service (Vehicles) (Scotland) Order 1974() Exemption from statutory requirements for vehicle excise duty and third party insurance of a National Health Service vehicle made available to a local authority, education authority or voluntary organisation
The National Health Service (Appointment of Consultants and Community Medicine Specialists) (Scotland) Regulations 1986() Appointment as an officer of a Health Board of any registered medical or dental practitioner to the post of consultant or of any registered medical practitioner to the post of community medicine specialist
The National Health Service (Food Premises) (Scotland) Regulations 1987() Health authorities (including Health Boards) to be treated for the purposes of food legislation (as defined in the Regulations) as both owners and occupiers of premises used by them
The National Health Service (Remuneration and Conditions of Service) (Scotland) Regulations 1991() The determination of remuneration and conditions of service of officers of Health Boards
The Health Boards (Membership and Procedure) (No. 2) Regulations 1991() Provision as to the membership and procedure to be applied by Health Boards Limited so as to exclude application of regulation 6(1)(a), (b) and (c).