The Healthcare Improvement Scotland (Delegation of Functions) Order 2016

Made: 2nd February 2016

Laid before the Scottish Parliament: 4th February 2016

Coming into force: 1st April 2016

The Scottish Ministers make the following Order in exercise of the power conferred by section 10D(1) of the National Health Service (Scotland) Act 1978[^f00001] and all powers enabling them to do so.

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Healthcare Improvement Scotland (Delegation of Functions) Order 2016 and comes into force on 1st April 2016.

• (2) In this Order, “HIS” means Healthcare Improvement Scotland[^f00002].

Delegation of function

2

The function of giving a direction to Health Boards under section 2(5) of the National Health Service (Scotland) Act 1978, insofar as the direction relates to closing a hospital ward to new admissions, is delegated to HIS who may exercise that function where article 3 applies.

3

This article applies where—

• (a) the direction is necessary in exercise of the Health Board’s duties under sections 36 and 37 of the National Health Service (Scotland) Act 1978[^f00003]; and

• (b) HIS believes that, in the absence of such a direction, there is a serious risk to the life, health or wellbeing of persons.

Signed

SHONA ROBISON — A member of the Scottish Government — 2nd February 2016

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order delegates functions to Healthcare Improvement Scotland (“HIS”). The Scottish Ministers have a power, in section 2(5) of the National Health Service (Scotland) Act 1978, to issue directions to Health Boards. That direction making power is delegated to HIS in certain circumstances (articles 2 and 3).

Footnotes

[^f00001]: 1978 c.29 (“the 1978 Act”). Section 10D was inserted by section 108 of the Public Services Reform (Scotland) Act 2010 (asp 8) (“the 2010 Act”).

[^f00002]: Healthcare Improvement Scotland was established under section 10A of the 1978 Act which was inserted by section 108 of the 2010 Act.

[^f00003]: The duties of Health Boards under sections 36 (accommodation and services) and 37 (prevention of illness, care and after-care) are conferred upon them by the Functions of Health Boards (Scotland) Order 1991 (S.I. 1991/570).