s 10D Health service functions: further provision
(1) The Scottish Ministers may by order delegate to HIS such of their functions relating to the health service as they consider appropriate. (2) HIS is to provide such services, and carry out such tasks, for bodies associated with the health service as the Scottish Ministers and those bodies may agree; and is to do so on such terms and conditions as may be so agreed. (3) Notwithstanding that it is exercising functions relating to the health service on behalf of the Scottish Ministers or other bodies associated with the health service, HIS— (a) is entitled to enforce any rights acquired in the exercise of those functions; (b) is to be liable in respect of any liabilities incurred (including liability in damages for wrongful or negligent acts or omissions) in the exercise of those functions, in all respects as if HIS were acting as a principal. (4) All proceedings for the enforcement of such rights or liabilities are to be brought by or against HIS in its own name.