
2023 No. 127
Health Services
Social Care
The Health and Care (Staffing) (Scotland) Act 2019 Amendment Regulations 2023
Made 26th April 2023
Coming into force 12th May 2023

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 14(1) and (2) of the Health and Care (Staffing) (Scotland) Act 2019 and all other powers enabling them to do so.

In accordance with section 14(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation
1 
These Regulations may be cited as the Health and Care (Staffing) (Scotland) Act 2019 Amendment Regulations 2023 and come into force on 12 May 2023.
2 
In these Regulations—
 “the 1978 Act” means the National Health Service (Scotland) Act 1978,
 “the 2010 Act” means the Public Services Reform (Scotland) Act 2010.
Amendment of the Health and Care (Staffing) (Scotland) Act 2019
3 

(1) The Health and Care (Staffing) (Scotland) Act 2019 is amended in accordance with paragraphs (2) to (4).
(2) In section 4(2) (NHS duties in relation to staffing)—
(a) in inserted section 12IC(2)(d) of the 1978 Act (duty to have real-time staffing assessment in place), after “(a)” insert “, (b)”,
(b) in inserted section 12ID(2)(h) of the 1978 Act (duty to have risk escalation process in place), for “(f)” substitute “(g)”,
(c) in inserted section 12IL(e)(ii) of the 1978 Act (training and consultation of staff), for “(b) and (c)” substitute “(b), (c) and (d)”.
(3) In section 5(5)(c) (application of duties to certain Special Health Boards), in each place it occurs for “12IA, 12IC and 12ID” substitute “12IA, 12IC, 12ID, 12IE, 12IF, 12IH and 12II”.
(4) In section 12(2) (functions of SCSWIS in relation to staffing methods), in inserted section 82C(3) of the 2010 Act (review and redevelopment of staffing methods), after “(5)” insert “, (6)”.
MICHAEL MATHESON
A member of the Scottish Government
St Andrew’s House,
Edinburgh
26th April 2023