The National Health Service (Functions of Health Boards) (Scotland) Order 1989

• Citation: S.I. 1989/446
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the National Health Service (Functions of Health Boards) (Scotland) Order 1989 and shall come into force on 5th April 1989.

(2) In this Order—

“ the Act ” means the National Health Service (Scotland) Act 1978; and

“the principal Order ” means the National Health Service (Functions of Health Boards) (Scotland) Order 1983( ).

Section 2 Amendments to Article 3 of the principal Order

(1) Article 3(1) of the principal Order shall be amended as follows:—

(a) sub-paragraph (e) shall be deleted;

(b) in sub-paragraph (f) there shall be deleted the words from “but not including” to the end;

(c) for sub-paragraph (g) there shall be substituted the following:—

(g) section 57(1) and (2) (Accommodation and services for private patients) but not including the functions of the Secretary of State under section 57(1) to authorise accommodation and services to be made available.

(d) sub-paragraph (h) shall be deleted;

(e) after sub-paragraph (k) there shall be inserted the following:—

(kk) section 98 (Charges in respect of non-residents) but only as regards the function of the Secretary of State to determine and, as the case may be, to calculate charges.

(2) Article 3(2) and (3) of the principal Order shall be deleted.

Section 3 Amendments to Article 4 of the principal Order

(1) In article 4(1) of the principal Order sub-paragraphs (a) and (c) shall be deleted.

(2) In article 4(2) of the principal Order—

(a) the words “but subject to paragraph (1)(c) of this article,” shall be deleted; and

(b) for the words “section 79” there shall be substituted the words “section 79(1)” .

Section 4 Savings

Nothing in this Order shall affect the power of the Secretary of State to exercise any function conferred upon him by the provisions of the Act.