
1 

(1) This Order may be cited as the NHS Education for Scotland Order 2002.
(2) This Order, except for article 7, shall come into force on 31st March 2002.
(3) Article 7 of this Order shall come into force on 1st April 2002.
2 

(1) For the purposes of this Order–
 “the Act” means the National Health Service (Scotland) Act 1978;
 “the Board” means the Special Health Board, to be known by the name of NHS Education for Scotland, which is constituted by this Order;
 “the Council” means the Scottish Council for Postgraduate Medical and Dental Education.
(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 as NHS Education for Scotland.
4 

(1) The Board shall exercise the following functions of the Scottish Ministers namely–
(a) functions in relation to providing, co-ordinating, developing, funding and advising on education and training for persons providing or intending to provide services under the Act in Scotland conferred by the Act including, without prejudice to the foregoing generality, those specified in section 47 of the Act (making available facilities for education, research and training); 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 Scottish Ministers under section 16(1) of the Act to assist any voluntary organisations whose activities include the provision of a service similar or related to a service provided by the Board under the Act;
(b) the power of the Scottish Ministers under section 16(B) of the Act to give financial assistance to voluntary organisations limited to assistance to such organisations whose activities consist of or include the provision of services similar to services provided by the Board for the purpose of education and training, the co-ordination, developing and advising on or of education and training and the assistance so given is given on such terms and conditions as the Scottish Ministers might determine;
(c) the powers of the Scottish Ministers 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 power of the Scottish Ministers under paragraph 4 of Schedule 1 to the Act, as applied in relation to the Board by article 6, 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;
(e) the power of the Scottish Ministers under paragraph 13 of Schedule 1 to the Act, as applied in relation to the Board by article 6, 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 Scottish Ministers 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 Scottish Ministers and not that of the Board; and
(b) that, where any such instrument requires to be executed on behalf of the Scottish Ministers and it is not executed in accordance with section 1(8) of the Reorganisation of Offices (Scotland) Act 1939, it is executed on their behalf in accordance with paragraph 6 of Schedule 2 to the Requirements of Writing (Scotland) Act 1995.
(4) Nothing in this Order shall prevent or restrict any of the following from exercising any function conferred upon them by or under the Act–
(a) the Scottish Ministers;
(b) any Health Board;
(c) any other Special Health Board; or
(d) the Common Services Agency.
5 
On 31st March 2002, all property, whether heritable or moveable, together with any rights, liabilities and obligations related thereto, which is vested in the Council shall transfer to and vest in the Board.
6 

(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.
7 
The Scottish Council for Postgraduate Medical and Dental Education Order 1993 is hereby revoked.
MALCOLM CHISHOLM
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
5th March 2002
SCHEDULE
Article 6(1)
PART I

Column 1 Column 2 Column 3
Enactment Nature of Provision Modifications and Limitations (where applicable)
In the Act–  
In Part I  
In Section 2– Health Boards 
Sub section (3) Variation of area and functions of Health Board 
Sub section (4) Provisions incidental to variation of area or functions of Health Boards 
Sub section (5) Health Boards to act in accordance with regulations or directions 
Sub section (8) Health Board to act as principal 
In Section 10– Common Services Agency 
Sub section (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 
Section 13A Co-operation in planning of services for disabled persons, the elderly and others 
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–  
Sub section (1A) Power of Scottish Ministers to dispose of land 
Sub section (3) Power to acquire moveable property on behalf of the Scottish Ministers 
In Section 83–  
Sub section (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 
Section 85AA Means of meeting expenditure of Health Boards out of public funds 
In Section 85– Expenses of certain bodies 
Sub section (1) Payment of expenses of certain bodies 
Sub section (2) Date of allotment 
Sub section (3) Power to make directions to bodies listed in sub section(1) 
Sub section (4) Conditions subject to which payments shall be made 
In Section 85A–  
Sub section (1) Duty of bodies referred to in section 85(1) as regards expenditure 
Sub section (3) Power to make directions in relation to duty under subsection (1) 
Sub section (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 Provision in relation to the keeping and auditing of accounts, to their submission to the Scottish Ministers 
Section 87 Power to make regulations as to financial arrangements of health service bodies 
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 5A Power to make regulations as to the date of appointment 
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 11 Power to make regulations as to appointment, 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 Scottish Ministers 
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 
Overseas Development and Co operation Act 1980  
Section 2(1)(a) and (c) Powers of National Health Services 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”
Health and Medicines Act 1988  
Section 7(1)–(8) Extension of powers of Scottish Ministers for financing the Health Service 
Requirements of Writing (Scotland) Act 1995 Schedule 2, paragraph 6 Where they have delegated any function relating to the acquisition management or disposal of land, power of the Scottish Ministers to authorise any officer of a Health Board to execute an instrument on their behalf 
Health Service Commissioners Act 1993 Provisions for investigations by the Health Service Commissioner for Scotland 
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 professions 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 (Food Premises) (Scotland) Regulations 1987 Health Authorities (including Health Boards) to be treated for the purpose 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 National Health Service (Appointment of Consultants) (Scotland) Regulations 1993 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 Health Boards (Membership and Procedure) (Scotland) Regulations 2001 Provision as to the membership and procedure to be applied by Health Boards 