Registering a care service in Scotland
- 1 step
UK Act of Parliament
1978
Scotland
National Health Service (Scotland) Act 1978
At a glance
Enforced by
What's here
12 compliance obligations, 1 practical guide · 1 journey
Penalty landscape
2 of 12 obligations carry imprisonment (3 months). 10 have no criminal penalty — flagged in the list below.
Who this Act binds
Plus 8 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
1 guidesWhat this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I — Organisation
Browse 141 other sections in this Part — procedural / definitional / commencement
General duty of Secretary of State.
Duty of the Scottish Ministers to promote health improvement
Health Boards.
Duty of Health Board, Special Health Board , the Agency and HIS to promote health improvement
Duty to encourage public involvement
Functions of Health Boards: primary medical services
Functions of Health Boards outside Scotland (1) Where it is...
Functions of Health Boards: planning of pharmaceutical care services
Equal opportunities
Scottish Medical Practices Committee.
Scottish Dental Estimates Board.
Community health partnerships
Community health partnerships: further provision
Organisation
Local health councils.
University Liaison Committees.
Local consultative committees.
Common Services Agency.
Healthcare Improvement Scotland
Principles
Health service functions
Health service functions: further provision
Independent health care functions
Meaning of “independent health care services”
Power to modify definitions
Standards and outcomes
Inspections of services provided under the health service or under the 2021 Act
Inspections of independent health care services
Authorised persons
Inspections: best regulatory practice
Inspections at request of Scottish Ministers
Inspections: reports
Regulations relating to inspections
Registration of independent health care services
Grant or refusal of registration
Improvement notices: independent health care services
Cancellation of registration
Emergency cancellation of registration
Condition notices
Emergency condition notices
Application of Act to condition notices following emergency condition notices
Emergency condition notices: appeals
Applications in respect of conditions
Further provision as respects notice of proposals
Right to make representations to HIS as respects proposals
False statements in applications
Offences by bodies corporate etc.
Inquiries
Arrangements entered into by certain bodies: services to be registered
Local authorities and other bodies: awareness of HIS reports etc.
Giving of notice
Establishment of Scottish Health Council
Transfer of staff
“ Provide ” in relation to independent health care services
Duty of HIS to consult the Mental Welfare Commission for Scotland
Notice of HIS's decisions
Conditions as to numbers
Appeal against decision to implement proposal
Registration fees
Regulations: registers and registration
Regulations: independent health care services
Complaints about independent health care services
Offences in relation to registration
Provision of patient advice and support service
Scottish Hospital Trust.
Scottish Hospital Endowments Research Trust.
National Health Service trusts.
Additional functions of NHS trusts.
Transfer of staff to NHS trusts.
Supplementary provisions as to transfer of staff.
Transfer of staff among health service bodies.
Transfer of property rights and liabilities to NHS trusts.
Stamp duty land tax
Originating capital debt of, and other financial provisions relating to NHS trusts.
Financial obligations of NHS trusts.
Trust property of NHS trusts.
Duty of quality.
Duty in relation to governance of staff
Duty to ensure appropriate staffing
Duty to ensure appropriate staffing: agency workers
Duty to have real-time staffing assessment in place
Duty to have risk escalation process in place
Duty to have arrangements to address severe and recurrent risks
Duty to seek clinical advice on staffing
Duty to ensure appropriate staffing: number of registered healthcare professionals etc.
Duty to ensure adequate time given to clinical leaders
Duty to ensure appropriate staffing: training of staff
Duty to follow common staffing method
Common staffing method: types of health care
Training and consultation of staff
Reporting on staffing
Ministerial guidance on staffing
Interpretation of sections 12H to 12IN
HIS: monitoring compliance with staffing duties
HIS: monitoring and review of common staffing method
HIS: monitoring and development of staffing tools
HIS: duty to consider multi-disciplinary staffing tools
HIS: duty on Health Boards to assist staffing functions
HIS: power to require information
HIS: ministerial guidance on staffing functions
Interpretation of sections 12IP to 12IV
Health Boards: co-operation with other Health Boards, Special Health Boards and the Agency
Power of Health Board to carry out other Health Board's functions
Co-operation between Health Boards and other authorities.
Co-operation in planning of services for disabled persons, the elderly and others.
[ Joint Liaison Committees.
Designated medical officers.
Supply of goods and services to local authorities, etc.
Assistance to voluntary organisations.
Power to make payments towards expenditure on community services.
Financial assistance by the Secretary of State to voluntary organisations.
Organisation
NHS contracts.
Provision of certain services under NHS contracts.
Reimbursement of Health Board’s costs.
Personal medical or dental services.
Primary medical services: persons with whom agreements can be made
Personal dental services: persons with whom agreements may be made.
Personal medical or dental services: regulations.
Services lists
Application for inclusion in services list
Lists of persons performing personal dental services
Right to choose dental practitioner.
Immunisation.
Use of accommodation.
Health Boards' power to enter into general medical services contracts
Mandatory contract term: provision of prescribed primary medical services
Eligibility to be contractor under general medical services contract
Payments by Health Boards under general medical services contracts
Other mandatory contract terms
Resolution of disputes and entry into NHS contracts
Persons performing primary medical services
Assistance and support
Mandatory contract term: provision of prescribed pharmaceutical care services
Eligibility to be contractor under pharmaceutical care services contract
Payments by Health Boards under pharmaceutical care services contracts
Other mandatory contract terms: pharmaceutical care services contracts
Resolution of disputes and entry into NHS contracts: pharmaceutical care services contracts
Drug Tariff
Persons performing pharmaceutical care services
Assistance and support: primary medical services and pharmaceutical care services
Part II — Provision of Services
Browse 38 other sections in this Part — procedural / definitional / commencement
Duty of Secretary of State.
Arrangements and regulations for general medical services.
Medical lists.
Vacancies for medical practitioners.
Applications to provide general medical services.
Requirement of suitable experience.
Regulations as to section 21.
Distribution of general medical services.
Regulations for Medical Practices Committee.
Liabilities and obligations in relation to deputies.
Supplementary lists
Application for inclusion in supplementary list
Arrangements for provision of general dental services.
Arrangements for provision of general ophthalmic services.
Arrangements for provision of pharmaceutical services.
Arrangements for providing additional pharmaceutical services.
Terms and conditions
Persons authorised to provide pharmaceutical services.
Remuneration for Part II services.
Part II remuneration: supplementary.
Indemnity cover.
Assistance and support: general dental services
The NHS tribunal.
The NHS Tribunal: supplementary.
Powers of NHS Tribunal.
Conditional disqualification etc.
Review etc. of disqualification.
Disqualification provisions in England or Wales or Northern Ireland.
Regulations as to sections 29 to 31.
Applications for interim suspension.
Suspension pending appeal.
Sections 32A and 32B: procedure etc.
Corresponding provision in England or Wales or Northern Ireland
Payments in consequence of suspension.
Powers of Secretary of State where services are inadequate.
Exercise of choice of medical practitioner etc. in certain cases.
Sale of medical practices.
Interpretation of Part II.
Part III — Other Services and Facilities
Browse 16 other sections in this Part — procedural / definitional / commencement
Accommodation and services.
Prevention of illness, care and after-care.
Care of mothers and young children.
Breastfeeding
Detection of vision problems in children
Medical and dental inspection, supervision and treatment of pupils and young persons.
Vaccination and immunisation.
Family planning.
Health education.
Control of spread of infectious disease.
Supplies of blood and other substances.
Ambulances.
Provision of vehicles for persons suffering from physical defect or disability.
Provision of communication equipment
Educational and research facilities.
Residential and practice accommodation.
Part IV — Powers of the Secretary of State
Browse 32 other sections in this Part — procedural / definitional / commencement
Maximum prices of medical supplies may be controlled.
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Restriction of powers under sections 44, 50 and 53.
Hospital accommodation on part payment.
Expenses payable by remuneratively employed resident patients.
Accommodation and services for private patients.
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Permission for use of facilities in private practice.
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Charges for drugs, medicines or appliances or pharmaceutical services.
Charges for dental or optical appliances.
Charges for dental treatment.
Calculation of charges for dental appliances and treatment.
Charges in respect of services etc. provided under sections 37, 38 and 41.
Charges for more expensive supplies.
Charges for repairs and replacements in certain cases.
Sums otherwise payable to those providing services.
Remission and repayment of charges and payment of travelling expenses.
Reimbursement of the cost of services provided in another EEA State
Reimbursement of the cost of services provided in another EEA State where expenditure is incurred on or after 25 October 2013.
Prior authorisation for the purposes of section 75BA
Restriction on reimbursement after EU withdrawal
Prior authorisation
Deduction of NHS charges
Inquiries.
Default powers.
Emergency powers.
Powers in case of service failure
Relationship of sections 77, 78 and 78A
Part V — Property and Finance
Browse 21 other sections in this Part — procedural / definitional / commencement
Purchase of land and moveable property.
Transferred property free of trusts.
Power of voluntary organisations to transfer property to Secretary of State.
Use and administration of certain endowments and other property held by Health Boards.
Power of Health Boards and local health councils to hold property on trust.
Power of trustees to make payments to Health Boards.
Power to raise money, etc., by appeals, collections, etc.
Joint ventures
Expenses of certain bodies.
Financial duties of bodies referred to in section 85.
Means of meeting expenditure of Health Boards out of public funds.
Further provision as to expenditure on drugs.
Schemes for meeting losses and liabilities etc. of certain health service bodies.
Accounts of Health Boards and the Agency.
Regulation of financial arrangements of Health Boards, the Agency and the Dental Estimates Board.
Recognition of fund-holding practices of doctors.
Payments to recognised fund-holding practices.
Renunciation and removal of recognition as a fund-holding practice and withholding of funds.
Indicative amounts for doctors’ practices.
Payment of allowances and remuneration to members of certain bodies connected with the health services.
Superannuation of officers of certain hospitals.
Part VI — The Health Service Commissioner for Scotland
Browse 10 other sections in this Part — procedural / definitional / commencement
Appointment of Commissioner and tenure of office.
Salary and pension of Commissioner.
Administrative provisions.
Appointment of acting Commissioner.
Bodies and action subject to investigation.
Provisions relating to complaints.
Application of certain provisions of the Parliamentary Commissioner Act 1967.
Consulting other Commissioners.
Reports by Commissioner.
Interpretation of Part VI.
Part VII — Miscellaneous and Supplementary
Accommodation for persons displaced in course of development.
Amended 1 timeProtection of Health Boards and Common Services Agency.
Amended 6 timesState hospitals.
Amended 9 timesOrders, regulations and directions.
Amended 12 timesInterpretation and construction.
Amended 32 timesBrowse 12 other sections in this Part — procedural / definitional / commencement
Charges in respect of non-residents.
Evasion of charges.
Holidays for patients etc.
Recovery of charges and payments.
(1) Regulations may provide that, where a person fails to...
Arbitration.
Exemption from stamp duty.
Exemption from stamp duty land tax
Supplementary regulatory powers.
Local enactments.
Transitional provisions and savings, consequential amendments and repeals.
Citation, extent and commencement.
Schedules
(1) Sub-paragraph (3) applies where the registration of a dental...
- Do not perform dentistry duties while registration is suspended
Directions may be given by the Secretary of State—
Other duties (1) — Crown / regulator
- Health Boards and specified bodies must comply with Secretary of State's directions on staff transfers Crown / Minister / Government department
(1) Election regulations must appoint an individual as the returning...
Other duties (1) — Crown / regulator
- Health Boards must appoint returning officers for elections Local authority
Directions may be given by the Secretary of State—
Other duties (1) — Crown / regulator
- Compulsory Staff Transfer Between NHS Scotland Bodies Crown / Minister / Government department
(1) As soon as practicable after the end of each...
Other duties (1) — Crown / regulator
- HIS must publish an annual report on its functions and accounts Statutory regulator
(1) HIS must appoint persons employed under paragraph 7(5) to...
Other duties (1) — Crown / regulator
- HIS must appoint qualified medical reviewers and a senior medical reviewer from existing staff Statutory regulator
(1) The accounts of the Trust shall be audited annually...
- Trust must appoint a qualified auditor annually
(1) It shall be the duty of the Trust to...
Other duties (1) — Crown / regulator
- NHS Trust must obtain investment advice from qualified person Crown / Minister / Government department
(1) In carrying out the functions for the time being...
Other duties (1) — Crown / regulator
- NHS trusts must comply with Secretary of State directions Crown / Minister / Government department
(1) Any person who sells or buys the goodwill ....
3 months imprisonment- Sell or buy medical practice goodwill unlawfully
(1) It shall be the duty of the Secretary of...
Other duties (1) — Crown / regulator
- Provide optical appliance payments for children and low-income patients Crown / Minister / Government department
Any person who refuses or wilfully neglects to attend in...
3 months imprisonment- Fail to comply with inquiry notice or provide evidence
Browse 236 other Schedules — structural / supplementary
A Health Board shall be a body corporate and shall...
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(1) An elected member holds office for a period beginning...
Regulations may make provision— (a) as to the appointment, tenure...
A Health Board may subscribe to the funds of any...
The proceedings of a Health Board shall not be invalidated...
The Secretary of State shall pay to members of a...
Allowances shall not be paid under paragraph 13 except in...
Payment under paragraph 13 shall be made at such times...
A Health Board may by agreement transfer to the Hospital...
A Health Board may borrow from the Hospital Trust against...
The functions transferred to and exercisable by Health Boards under...
The Secretary of State may, with any necessary modifications, by...
(1) A Health Board is to consist of the following...
In the case of a prescribed Health Board at least...
An appointed member may be appointed only after consultation with...
A person appointed as chairman of a Health Board may...
The Secretary of State may pay to
A Health Board may employ such officers and servants on...
Regulations or directions under paragraph 5 may provide for approvals,...
Regulations may make provision with respect to the method of...
No officer or servant of a Health Board to whom...
Regulations may provide for the transfer of officers and servants...
Before making regulations under paragraph 7A or 8A, the Secretary...
Regulations under paragraph 6 shall not contain a requirement that...
In connection with arrangements relating to community care services ...,...
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An election held under this Schedule is known as a...
Election regulations may make provision about the expenses which may...
(1) This paragraph applies if— (a) a returning officer declares...
(1) The Scottish Ministers may make regulations (“ election regulations...
(1) A Health Board must hold the first Health Board...
(1) Each Health Board area is to be comprised of...
(1) The nomination of a candidate must be made—
If, at the end of the nomination period, the number...
(1) In any other case, the elected members are to...
(1) An individual is disqualified from being a candidate in...
(1) An individual is entitled to vote at a Health...
The Medical Practices Committee shall consist of a chairman, who...
The chairman and members shall be appointed by the Secretary...
The Secretary of State may make regulations with respect to...
The Secretary of State may provide the services of such...
The proceedings of the Committee shall not be invalidated by...
The University Liaison Committee for any area or combination of...
The Agency shall be a body corporate and shall have...
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The Secretary of State may exercise the powers conferred by...
The affairs of the Agency shall be managed by a...
The management committee shall consist of a chairman appointed by...
The Secretary of State may pay to the chairman of...
The proceedings of the management committee shall not be invalidated...
The Secretary of State shall pay to members of the...
Allowances shall not be paid under paragraph 5 except in...
The Agency may employ such officers and servants on such...
Regulations or directions under paragraph 7 may provide for approvals,...
Regulations may provide for the transfer of officers and servants...
Regulations may make provision with respect to—
In connection with arrangements relating to community care services ...,...
Before making regulations under paragraph 7B or 8A, the Secretary...
No officer or servant of the Agency to whom regulations...
(1) Healthcare Improvement Scotland is a body corporate.
(1) HIS may do anything which appears to be necessary...
(1) HIS may, subject to sub-paragraphs (2) to (3) authorise—...
HIS's determination of the location of its office premises is...
(1) HIS must— (a) keep proper accounts and accounting records;...
(1) HIS is to consist of the following members—
(1) Each member of HIS is to be appointed for...
The Scottish Ministers may, by written notice, remove a member...
A person is disqualified from appointment, and from holding office,...
HIS must pay to each of its members such—
(1) HIS is to employ a chief executive.
(1) HIS may establish committees for any purpose relating to...
(1) HIS may determine its own procedure and that of...
The Hospital Trust (hereafter in this Schedule referred to as...
The Trust shall be a body corporate.
The proceedings of the Trust shall not be invalidated by...
The Trust shall have the following powers—
(1) Regulations may prescribe the method of calculating the capital...
(1) The Trust shall, at such date or dates in...
The total annual expenses of administration of the Trust shall...
Regulations may make provision in respect of any of the...
The Research Trust shall consist of a chairman appointed by...
The Research Trust shall be a body corporate.
Subject to paragraph 3A, the Research Trust shall consist of...
(1) The persons who are the members of the Research...
(1) Subject to the provisions of this Schedule, the appointment...
A person who ceases to be a member of the...
The Research Trust may make payments from their funds to...
(1) The Research Trust may appoint such staff, on such...
(1) The Research Trust— (a) shall make and maintain standing...
The Research Trust may do anything which appears to them...
The Research Trust shall have power to purchase land and...
The Research Trust shall have, in relation to their funds,...
Where the Research Trust borrow money or draw upon capital...
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Any reference in this Part of this Schedule to an...
An NHS trust may enter into NHS contracts.
An NHS trust may undertake and commission research and make...
An NHS trust may— (a) provide training for persons employed...
An NHS trust may enter into arrangements for the carrying...
According to the nature of its functions, an NHS trust...
For the purpose of making additional income available in order...
Subject to Schedule 7B, an NHS trust shall have power...
In connection with arrangements relating to community care services ...,...
Regulations made under paragraph 17 may make such incidental and...
Before making regulations under paragraph 17, the Secretary of State...
The provisions made by an order shall be in conformity...
(1) Without prejudice to the generality of paragraph 16, to...
An NHS trust shall not be regarded as the servant...
(1) In any case where an NHS trust provides goods...
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Where land consisting of a church or other building used...
(1) The Secretary of State may by order dissolve an...
(1) If an NHS trust is dissolved under this Part...
If an NHS trust is dissolved under this Part of...
An NHS trust may not be dissolved or wound up...
(1) Without prejudice to any amendment made by subsequent order,...
(1) An order may require a Health Board and the...
(1) An order may provide for the establishment of an...
(1) For each accounting year an NHS trust shall prepare...
An NHS trust shall furnish to the Secretary of State...
(1) An NHS trust shall be liable to pay—
(1) Subject to any direction given by the Secretary of...
(1) The Secretary of State may guarantee, in such manner...
In any financial year the net aggregate amount of sums...
In paragraph 2A above, “ net aggregate amount ” means...
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(1) If the Secretary of State, with the consent of...
If it appears to the Secretary of State that any...
An NHS trust shall have power to invest money held...
Any direction with respect to— (a) the power conferred on...
The Tribunal shall consist of— (a) a chairman appointed by...
A person appointed as the chairman or a deputy chairman...
Any appointment for the purposes of paragraph 1(c) above shall...
Any appointment for the purposes of any of sub-paragraphs (d)...
For the purposes of paragraph 4, the Secretary of State...
If any member of the Tribunal is unable to act...
Regulations may make provision— (a) with respect to the appointment,...
(1) The functions of the Tribunal shall be exercised by...
(1) For the purposes of section 35(1) and paragraph 1,...
The fact that a person’s medical practice was previously carried...
Additional Provisions as to the Control of Maximum Prices for Medical Supplies
Additional Provisions as to the Control of Maximum Prices for Medical Supplies
Additional Provisions as to the Control of Maximum Prices for Medical Supplies
Additional Provisions as to the Control of Maximum Prices for Medical Supplies
Additional Provisions as to the Control of Maximum Prices for Medical Supplies
Additional Provisions as to the Control of Maximum Prices for Medical Supplies
Additional Provisions as to the Control of Maximum Prices for Medical Supplies
Additional Provisions as to the Control of Maximum Prices for Medical Supplies
Additional Provisions as to the Control of Maximum Prices for Medical Supplies
(1) No charge shall be made under section 69(1) in...
(1) The optical appliances referred to in section 70(1) are...
(1) (2) Regulations may vary the amount or the maximum...
For the purposes of section 39(2) (which provides for the...
Regulations may provide for the remission or repayment of any...
For the purposes of sections 69 and 70 and of...
References in this Schedule to qualifying full-time education mean full-time...
The Secretary of State shall appoint a person to hold...
The Secretary of State or the person appointed to hold...
The person appointed to hold the inquiry may by notice...
The person appointed to hold the inquiry may administer oaths...
The expenses incurred by the Secretary of State in relation...
The Secretary of State may make orders as to the...
Any order by the Secretary of State under paragraph 6...
Where under this Act, in connection with the acquisition of...
If any objection is duly made the Secretary of State...
The property with respect to which a notice is served...
Where any property is acquired in accordance with this Schedule...
Where property in respect of which compensation is payable as...
Any such compensation shall carry interest, as from the time...
Where any sum by way of compensation is paid in...
Action taken by medical practitioners, dental practitioners, ophthalmic or dispensing...
Action taken in connection with the diagnosis of illness or...
Action taken by a Health Board or a Joint Ophthalmic...
Action taken in respect of appointments or removals, pay, discipline,...
Action taken in matters relating to contractual or other commercial...
Action which has been or is the subject of an...
Action in relation to which the protective functions of the...
(1) In so far as— (a) any agreement, appointment, apportionment,...
Notwithstanding the repeal by this Act of sections 53 and...
Notwithstanding the repeal by this Act of section 23(2) of...
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Where under any arrangements terminated by virtue of section 9(5)...
Notwithstanding the repeal by this Act of the provisions of...
Notwithstanding the repeal by this Act of section 27 of...
Where any enactment passed before the commencement of this Act,...
Where any period of time specified in an enactment repealed...
Notwithstanding the repeal by this Act of section 37 of...
A person who for three years immediately before 16th December...
Where by virtue of section 43(8) of the National Health...
An undertaking given before the coming into force of section...
Notwithstanding the repeal by the National Health Service (Scotland) Act...
The provision of vehicles as mentioned in section 33 of...
In section 11(3)(b) (application to Scotland), for the words “the...
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In paragraph (2) of the Schedule (bodies to which Act...
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In section 1(1)(d) (compulsory purchase of land by the Secretary...
In Schedule 3 (National Health Service Employers), in paragraph 7,...
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In section 11, for words “1947" substitute the words “1978"....
In section 7(5) (superannuation provisions of the National Health Service...
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(1) In section 59(2) (extension of power), for the words...
In section 64 (financial assistance to voluntary organisations)—
In section 65(6) (assistance by local authorities to voluntary organisations),...
(1) In section 60(1)(f) (control of certain establishments), for the...
(1) In section 47 (removal of persons in need of...
In section 131(5) (meaning of certain expressions), for the words...
In section 132(1) (interpretation), in the definition of “health centre",...
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In section 17(1) (separation of younger from older patients), for...
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In Schedule 13 (health service agreement) in paragraph 1(1) for...
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In section 197 (inspection of documents) for the words “1972"...
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In seciton 2(4) (measure of damages), for the words “National...
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In Schedule 1 in Part II (bodies of which all...
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In section 56(4), in paragraph (a), for the words “Part...
In section 59(1) (interpretation), in the definition of “hospital", for...
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Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Care Inspectorate
PrimaryCare Inspectorate (Scotland)
Registers and inspects care services in Scotland including care homes, childcare, and support services. Publishes inspection grades and can take enforcement action.
UK Government (Cross-Departmental)
Generic publisher code for cross-departmental government publications that don't map to a specific regulator or department. Used for guidance that spans multiple …
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