- action
includes failure to act, and other expressions connoting action shall be construed accordingly;
- appropriate clinical advice
means advice obtained from the appropriate level and area of clinical professional structures depending on the particular circumstances of each case (for example from an individual holding a senior executive role in the provision of nursing services), • “employee” means an individual in paid employment by, as the case may be, a Health Board, the Agency or (where an integration scheme under Part 1 of the Public Bodies (Joint Working) (Scotland) Act 2014 applies) a local authority, whether under a contract of service or apprenticeship or under a contract for services, • “health care” means a service for or in connection with the prevention, diagnosis or treatment of illness, • “relevant Special Health Board” means a Special Health Board which is required, by virtue of an order made under section 2, to comply with any of the duties imposed by sections 12IA to 12IN.
- approved body
means a person or persons approved in relation to indemnity cover of any description, after such consultation as may be prescribed, by the Secretary of State or by such other person as may be prescribed;
- approved indemnity cover
means indemnity cover made— (a) on prescribed terms;
- Article 15B arrangements
means arrangements for the provision of services made under Article 15B of the 1972 Order;
- Article 15B employee
means an individual who, in connection with the provision of services in accordance with Article 15B arrangements, is employed by a person providing those services;
- Article 57 contract
means a general medical services contract under Article 57 of the 1972 Order;
- assistance
includes financial assistance.
- best regulatory practice
means practice under which (in particular) inspections should be carried out in a way that is transparent, accountable, proportionate and consistent.
- body subject to investigation
has the meaning assigned to it by section 93(1);
- child
means—
- children
means persons under the age of 16 years.
- community care services
has the meaning given by section 12A(8) of the Social Work (Scotland) Act 1968;
- companies
means companies as defined in section 1(1) of the Companies Act 2006;
- cross-border Special Health Authority
means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of—
- dental care professional
means a registered dental care professional and has the same meaning as in section 53 of the Dentists Act 1984 (interpretation);
- dental practitioner
means a person registered in the dentists register under the Dentists Act 1984;
- designated
means designated in writing by the Secretary of State for the purposes of that paragraph and in relation to the allotment in question.
- dispensing optician
means a person who is registered in the register kept under section 2 of the Opticians Act 1958 of dispensing opticians or a body corporate enrolled in the list kept under section 4 of that Act or such bodies carrying on business as dispensing opticians;
- disposal
means any sale, letting or other form of disposal (whether by a single transaction or a series of transactions) and “disposes” and “disposing” are to be read accordingly;
- Drug Tariff
means the Drug Tariff published under regulation 9 of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 or under any corresponding provision replacing, or otherwise derived from, that regulation.
- drugs
includes medicines and listed appliances (within the meaning of section 27).
- education authority
has the same meaning as in the Education (Scotland) Act 1980;
- eligible person
means a person who is ordinarily resident in Scotland, • “NHS charge” means any charge payable in accordance with sections 69 to 74 or regulations made under those sections, • “services” has the meaning given in section 75BA(15).
- employee
has the meaning given by section 12IO, • “integration authority” has the meaning given by section 59 of the Public Bodies (Joint Working) (Scotland) Act 2014, • “relevant Special Health Board” has the meaning given by section 12IO, • “staffing level tool” and “professional judgement tool” are to be construed in accordance with section 12IJ(3).
- enactment
includes an Act of the Scottish Parliament and any instrument made under such an Act.
- equipment
includes any machinery, apparatus or appliance, whether fixed or not, and any vehicle;
- facilities
includes the provision of (or the use of) premises, goods, equipment, materials, vehicles, plant or apparatus.
- functions
includes powers and duties;
- general medical services contract
has the meaning given in section 17J(2);
- goods
includes accommodation • “governing body”, in relation to any hospital to which section 89 applies, includes any body, whether corporate or unincorporate, having the control and management of the hospital or any part of it or otherwise carrying on the business of the hospital or any part of it;
- goodwill
includes any part of goodwill and, in relation to a person practising in partnership, means his share of the goodwill of the partnership practice;
- Health and Social Care trust
means a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1));
- Health Board
means a Health Board constituted under section 2;
- health care
means services for or in connection with the prevention, diagnosis or treatment of illness provided—
- health care professional
means a member of a profession which is regulated by a body mentioned (at the time the contract in question is made) in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.
- health records
means records relating to the physical or mental health of an individual (including dental records and medical records);
- Health scheme
means— and regulations may prescribe any scheme for the purposes of this subsection which appears to the Secretary of State to be a health or medical scheme paid for out of public funds.
- health service body
means any of those persons or bodies
- health service hospital
means a hospital vested in the Secretary of State for the purposes of his functions under this Act or vested in an NHS trust;
- HIS
has the meaning indicated in section 10A;
- hospital
means— (a) any institution for the reception and treatment of persons suffering from illness, (b) any maternity home, and (c) any institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation, and any institution for providing dental treatment maintained in connection with a dental school, and includes clinics, dispensaries, and out-patient departments maintained in connection with any such home or institution, and “hospital accommodation” shall be construed accordingly;
- illness
includes mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 and any injury or disability requiring medical or dental treatment or nursing;
- independent ambulance service
means, subject to subsection (5), a service which consists of or includes— (a) provision (other than provision falling within paragraph (b) below) of medical treatment, medical care or other care to relevant patients while such patients are being transported to or from a place of medical treatment;
- independent clinic
means, subject to subsection (2A), a clinic which is not comprised in a hospital and in or from which services are provided by a medical practitioner, dental practitioner, registered nurse, registered midwife, registered pharmacist, registered pharmacy technician or dental care professional;
- independent hospital
means a hospital which is neither a health service hospital nor a private psychiatric hospital;
- independent medical agency
means, subject to subsection (2D), an undertaking which consists of or includes the provision of services, other than in pursuance of this Act, by— (a) a medical practitioner;
- integration authority
has the meaning given by section 59 of the Public Bodies (Joint Working) (Scotland) Act 2014, • “relevant Special Health Board” has the meaning given by section 12IO, • “staffing level tool” and “professional judgement tool” are to be construed in accordance with section 12IJ(3).
- integration delivery principles
has the meaning given by section 31 of the 2014 Act;
- integration functions
means functions which in pursuance of an integration scheme under the 2014 Act are—
- integration joint board
means an integration joint board established under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014;
- invalid carriage
means a mechanically propelled vehicle specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability, and used solely by such a person.
- land transaction
has the meaning given by section 43(1) of the Finance Act 2003;
- land transaction return
has the meaning given by section 76(1) of that Act.
- list
means— prepared (in each case) under or by virtue of this Part or Part I of this Act.
- local authority
means a council constituted under section 2 of the Local Government etc.
- local consultative committee
means a committee recognised by the Secretary of State under section 9(1);
- Local Health Board
means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
- local health council
has the meaning indicated in section 7;
- main expenditure
means expenditure which is attributable to—
- medical
includes surgical;
- medical practice
includes any part of a medical practice;
- medical practitioner
means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978 • “medicine” includes such chemical re-agents as are included in a list for the time being approved by the Secretary of State for the purposes of section 27;
- medical records
means records which have been prepared by a medical practitioner who is, or has been, responsible for the clinical care of the individual.
- medical treatment
includes medical care and medical advice;
- medicine
includes such chemical re-agents as are included in a list for the time being approved by the Secretary of State for the purposes of section 27;
- modifications
includes additions, omissions and amendments;
- national health and wellbeing outcomes
has the same meaning as in section 5(1) of the 2014 Act;
- National Health Service body
means an NHS trust, a Health Board or the Agency.
- National Health Service trust
has the meaning indicated by section 12A and “ NHS trust ” shall be construed accordingly • “ NHS contract ” has the meaning indicated by section 17A(3) •................................ • “officer” includes servant;
- net aggregate amount
means the aggregate amount of sums borrowed in the financial year less any repayments made during that year (otherwise than by way of interest) in respect of sums borrowed in that or any other year.
- officer
includes servant;
- ophthalmic list
means (a) in relation to a list published in accordance with regulations made under paragraph (a) of section 26(2) of this Act, the first part of the list which is referred to in sub-paragraph (i) of that paragraph;
- ophthalmic optician
means a person registered in the register of optometrists maintained under section 7 of the Opticians Act 1989... or a body corporate registered in the register of bodies corporate maintained under section 9 of that Act carrying on business as an optometrist. • “patient” includes an expectant or nursing mother and a lying-in woman;
- Part II practitioner
means a person whose name is on a list;
- Part II services
means... general dental services, general ophthalmic services or pharmaceutical services;
- patient
includes an expectant or nursing mother and a lying-in woman;
- person aggrieved
means a person who claims or is alleged to have sustained such injustice or hardship as is mentioned in section 93(2).
- personal dental services
means dental services of a kind that may be provided by a general dental practitioner in accordance with arrangements made under Part II.
- personal injury
means any disease or impairment of a person’s physical or mental condition and includes the prolongation of any disease or such impairment;
- pharmaceutical list
means a list published in accordance with regulations made under— (a) section 27(2) of this Act;
- pilot scheme
has the meaning given by section 1 of the National Health Service (Primary Care) Act 1997 (c.46);
- place of medical treatment
means a hospital or other premises used or intended to be used for the provision of medical or dental treatment, and includes an independent health care service mentioned in paragraphs (a) to (d) of subsection (1).
- post-16 education body
has the same meaning as in section 35(1) of the Further and Higher Education (Scotland) Act 2005;
- prescribed
means prescribed by regulations made by the Secretary of State under this Act;
- primary dental services
means dental services which are—
- private psychiatric hospital
means any premises used or intended to be used for the provision of medical treatment to one or more patients subject to an order or direction under the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or the Criminal Procedure (Scotland) Act 1995 (c. 46) (whether or not other persons are treated there), not being— (a) a health service hospital;
- property
includes rights;
- provide
includes manage •................................ • “ registered pharmacist ” means a person registered as a pharmacist in Part 1 or 4 of the register maintained under article 19 of the Pharmacy Order 2010;
- public event
means an event, function or other organised activity of any kind to which members of the public have access;
- qualifying body
means— (a)................................
- qualifying dental practitioner
means a dental practitioner who satisfies the conditions imposed by regulations made under section 17E(2)(b) of this Act or section 28E(2)(b) of the 1977 Act;
- quarterly reporting period
means—
- recognised educational establishment
means an establishment recognised by the Secretary of State as being, or as comparable to, a school, college or university;
- registered pharmacist
means a person registered as a pharmacist in Part 1 or 4 of the register maintained under article 19 of the Pharmacy Order 2010;
- registered pharmacy technician
has the same meaning as in article 3 of the Pharmacy Order 2010 (interpretation).
- Regulation ( EC) No. 883/2004
means Regulation ( EC) No. 883/2004 of the European Parliament and of the Council of 29th April 2004 on the coordination of social security systems, • “ regulations ” means regulations made by the Secretary of State under this Act;
- regulations
means regulations made by the Secretary of State under this Act;
- relevant date
means—
- relevant endowment
has the meaning indicated in section 11;
- relevant functions
means—
- relevant list
means services of the kind to which the direction applying the subsection to him relates...
- relevant premises
means premises used or intended to be used for the provision of medical treatment, medical care or medical advice, but does not include— (a) any means of transport as mentioned in that paragraph;
- relevant service
means a service which must or may, by virtue of the National Health Service (Scotland) Act 1978, be provided or the provision of which must or may, by virtue of that Act, be secured by the Secretary of State, or a service for the provision of which a Health Board is, by virtue of that Act, under a duty to make arrangements.
- relevant Special Health Board
has the meaning given by section 12IO, • “staffing level tool” and “professional judgement tool” are to be construed in accordance with section 12IJ(3).
- responsible authority
means—
- school
has the same meaning as in section 135(1) of the Education (Scotland) Act 1980.
- section 17C arrangements
has the same meaning as in section 17E(9);
- section 17C employee
means an individual who, in connection with the provision of services in accordance with section 17C arrangements, is employed by, (a) where the arrangements are for the provision of primary medical services, a person providing services in accordance with the arrangements;
- section 28C arrangements
means arrangements for the provision of services made under section 28C of the 1977 Act;... • “section 28C employee” means an individual who, in connection with the provision of services in accordance with section 28C arrangements, is employed by (a) where the arrangements are for the provision of primary medical services, a person providing services in accordance with the arrangements;
- section 28C employee
means an individual who, in connection with the provision of services in accordance with section 28C arrangements, is employed by (a) where the arrangements are for the provision of primary medical services, a person providing services in accordance with the arrangements;
- section 28K contract
means a general dental services contract under section 28K of the 1977 Act;
- section 28Q contract
means a general medical services contract under section 28Q of the 1977 Act.
- services
includes services of any description,
- social services
has the meaning given by section 46 of the Public Services Reform (Scotland) Act 2010.
- Special Health Board
means a Special Health Board constituted under section 2;
- specified
means specified in the direction.
- state hospital
has the meaning indicated in section 102(2) •................................ • “ superannuation benefits ” means annual superannuation allowances, gratuities and periodical payments payable on retirement, death or incapacity, and similar benefits;
- superannuation benefits
means annual superannuation allowances, gratuities and periodical payments payable on retirement, death or incapacity, and similar benefits;
- the 1972 Order
means the Health and Personal Social Services (Northern Ireland) Order 1972 (1972 No. 1256 (N.I. 14));
- the 1977 Act
means the National Health Service Act 1977;
- the 2014 Act
means the Public Bodies (Joint Working) (Scotland) Act 2014.
- the 2021 Act
means the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021;
- the Agency
has the meaning indicated in section 10;
- the Commissioner
means the Health Service Commissioner for Scotland;
- the Dental Estimates Board
has the meaning indicated in section 4;
- the health service
means the health service established in pursuance of section 1 of the National Health Service (Scotland) Act 1947;
- the Hospital Trust
has the meaning indicated in section 11;
- the relevant time
means—
- the Research Trust
means the Scottish Hospital Endowments Research Trust constituted under subsection (1) of section 12 of this Act (before the repeal of that subsection by section 38(2)(a) of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13);
- the Tribunal
has the meaning indicated in section 29;
- the Trust
has the meaning indicated in section 11;
- this group of sections
means this and those sections and Schedule 8;
- University Liaison Committee
means a committee such as is referred to in section 8;
- voluntary organisation
means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.
- writing
includes an electronic communication as defined in section 15 of the Electronic Communications Act 2000which has been recorded and is capable of being reproduced.