Contents
Article 1Citation and Commencement#
(1)This Order may be cited as the NHS Quality Improvement Scotland Order 2002.
(2)This Order, except for article 7, shall come into force 1st January 2003.
(3)Article 7 of this Order shall come into force on 2nd January 2003.
Article 3Constitution, name and area of the Board#
There is hereby constituted a Special Health Board for the whole of Scotland to be known as NHS Quality Improvement Scotland.
Article 4Functions of the Board#
(1)The Board shall exercise the following functions of the Scottish Ministers:–
(a)functions in relation to–
(i)supporting, ensuring and monitoring the quality of healthcare provided by the National Health Service in Scotland including without prejudice to the foregoing generality, providing quality assurance and accreditation; and
(ii)the evaluation and provision of advice to the National Health Service in Scotland on the clinical and cost effectiveness of new and existing health technologies including drugs,
(b)functions specified in paragraph (2) subject, however, to any limitations specified.
(2)The functions specified in this paragraph are as follows:–
(b)the power of the Scottish Ministers under section 16B 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 or related to the functions of the Board or for the provision of which the Board is under a duty to make arrangements and such assistance shall be given on such terms and conditions as the Scottish Ministers determine;
(c)the power of the Scottish Ministers under section 42 of the Act to disseminate information relating to the promotion and maintenance of health and the prevention of illness;
(d)the duty of the Scottish Ministers under section 47 of the Act to make available such facilities reasonably necessary for undergraduate and post-graduate clinical teaching and research and for the education and training of persons providing or intending to provide services under the Act and to conduct or assist by grants or otherwise under that section research into any matters relating to the functions of the Board;
(g)the power of the Scottish Ministers 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 but excluding the power to determine the remuneration or to prescribe the members to whom it may be paid; and
(h)the power of the Scottish Ministers 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 but excluding 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 under the Act:–
(a)the Scottish Ministers;
(b)any Health Board;
(c)any other Special Health Board; or
(d)the Agency.
Article 5Applications of Enactments#
(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).
Article 6Transfer of Property#
On 1st January 2003, all property and liabilities vested in the Clinical Standards Board for Scotland and the Health Technology Board for Scotland shall transfer to and vest in the Board.
Article 7Dissolution and Revocation#
(1)The Clinical Standards Board for Scotland and the Health Technology Board for Scotland are hereby dissolved.
(2)The Clinical Standards Board for Scotland Order 1999 and the Health Technology Board for Scotland Order 2000 are hereby revoked.
Schedule · Enactments applied to the board
Part I · The act
Part II · Acts other than the act
Part III · Enactments other than acts of parliament
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