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The National Health Service (Functions of the Common Services Agency) (Miscellaneous Amendments) (Scotland) Order 2026

Sections36
2026 No. 20

National Health Service

The National Health Service (Functions of the Common Services Agency) (Miscellaneous Amendments) (Scotland) Order 2026

Made21st January 2026
Laid before the Scottish Parliament23rd January 2026
Coming into force1st April 2026
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 2(1)(b), 10(3), and 105(6) and (7), of the National Health Service (Scotland) Act 19781, and all other powers enabling them to do so.

1 Citation, commencement and interpretation

1 This Order may be cited as the National Health Service (Functions of the Common Services Agency) (Miscellaneous Amendments) (Scotland) Order 2026 and comes into force on 1 April 2026.
2 In this Order “NHS Education for Scotland” means the Special Health Board constituted under the NHS Education for Scotland Order 20022.

2 Amendment of the National Health Service (Functions of the Common Services Agency) (Scotland) Order 2008

1 The National Health Service (Functions of the Common Services Agency) (Scotland) Order 20083 is amended in accordance with paragraph (2).
2 In article 2 (functions of the Agency)—
a after paragraph (a) insert—
,
b for paragraph (la) substitute—
.

3 Dissolution and revocation

1 NHS Education for Scotland is dissolved.
2 The following enactments are revoked—
a the NHS Education for Scotland Order 2002,
b the Scottish Council for Postgraduate Medical and Dental Education and NHS Education for Scotland (Transfer of Staff) Regulations 20026,
c the NHS Education for Scotland Amendment Order 20067, and
d the NHS Education for Scotland Amendment Order 20218.

4 Transfer of property etc

1 With effect from 1 April 2026, all property, rights, liabilities and obligations to which paragraph (2) applies, are transferred to, and vest in, the Agency.
2 Paragraph (1) applies to—
a all property (including corporeal and incorporeal moveable property) which immediately before the transfer date was owned by NHS Education for Scotland, and
b all rights, liabilities and obligations which, immediately before 1 April 2026, subsisted in respect of NHS Education for Scotland.

5 Consequential amendments

The schedule has effect.

6 Transitional provisions

1 Any relevant thing done by or in relation to NHS Education for Scotland before 1 April 2026, so far as is required for continuing its effect on and after that date, has effect as if done by or in relation to the Agency.
2 Any relevant thing (which may include legal proceedings) which, immediately before 1 April 2026, is in the process of being done by or in relation to NHS Education for Scotland may continue to be done by or in relation to the Agency on and after that date.
3 No right to terminate or vary a contract, arrangement or instrument is to operate or become exercisable, and no provision of any contract, arrangement or instrument is to operate or become exercisable or be contravened, by reason of any transfer under or other operation of this Order.
4 The transfers provided for by this Order are to be made—
a irrespective of any requirement for consent that would otherwise apply (whether arising under any enactment, instrument, agreement or otherwise), and
b whether or not they would otherwise be capable of being transferred.
5 In this article “relevant thing” means anything which, if it were to be done on or after 1 April 2026, would be done by or in relation to the Agency.

SCHEDULE 

Article 5

Part 1 Consequential amendments and repeals of primary legislation

1 The Ethical Standards in Public Life etc. (Scotland) Act 2000

In schedule 3 (devolved public bodies) of the Ethical Standards in Public Life etc. (Scotland) Act 20009 the entry relating to NHS Education for Scotland is repealed.

2 The Scottish Public Services Ombudsman Act 2002

1 The Scottish Public Services Ombudsman Act 200210 is amended in accordance with sub-paragraph (2).
2 In schedule 5 (disclosure of information by the ombudsman)—
a in the entry relating to the Common Services Agency for the Scottish Health Service, after paragraph 2 in the second column insert—
, and
b the entry relating to NHS Education for Scotland is repealed.

3 The Freedom of Information (Scotland) Act 2002

In schedule 1 (Scottish public authorities) of the Freedom of Information (Scotland) Act 200211 paragraph 32A is repealed12.

4 The Islands (Scotland) Act 2018

In the schedule (duties in relation to island communities: relevant authorities) of the Islands (Scotland) Act 201813 paragraph 44 is repealed.

Part 2 Consequential amendments and revocations of secondary legislation

5 The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) Order 2003

Omit article 2(2)(b)(i) (devolved public bodies) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) Order 200314.

6 The Health Professions Order 2001 (Consequential Amendments) Order 2003

In the schedule (consequential amendments to primary and secondary legislation) of the Health Professions Order 2001 (Consequential Amendments) Order 200315 omit paragraph 13.

7 The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

In the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 200416—
a in regulation 2 (interpretation) omit the definition of “NHS Education for Scotland”, and
b in regulation 14 (disclosure of information) omit paragraphs (2)(h) and (8)(k).

8 The National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004

In the National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 200417—
a in regulation 1 (citation, commencement and interpretation)—
i omit the definitions of “the Board” and “NHS Education for Scotland”,
ii in the definition of “vocational training” for “NHS Education for Scotland” substitute “the Agency”, and
b in each place where it occurs in regulations 2 (applications for vocational training numbers and vocational training (orthodontic) numbers), 3 (satisfactory completion of vocational training), 5 (procedure on appeal), and 6 (service of documents) for “the Board” substitute “the Agency”.

9 The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006

In the National Health Service (General Ophthalmic Services) (Scotland) Regulations 200618—
a in regulation 14 (disclosure of information) omit paragraphs (2)(h) and (7)(k),
b in paragraphs 3(1) and 3A(1)(a) of schedule 1 (terms of service) for “NHS Education for Scotland” substitute “the Agency”, and
c in paragraph 3(b) of Part A and paragraph 3(b) of Part B of schedule 2 (information, undertakings, consents and declarations to be included in an application for inclusion in an ophthalmic list) for “NHS Education for Scotland” substitute “the Agency”.

10 The Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Regulations 2007

In regulation 2(b) (requirements to be satisfied by relevant health professional signing medical treatment certificate) of the Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Regulations 200719 for “NHS Education for Scotland” substitute “the Common Services Agency for the Scottish Health Service constituted under section 10 of the National Health Service Act 197820”.

11 The Official Statistics (Scotland) Order 2008

In the schedule (persons specified as producers of official statistics) of the Official Statistics (Scotland) Order 200821 omit “NHS Education for Scotland”.

12 The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008

In schedule 1 of the Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 200822 omit “32A NHS Education for Scotland”.

13 The National Health Service (General Dental Services) (Scotland) Regulations 2010

In the National Health Service (General Dental Services) (Scotland) Regulations 201023—
a in regulation 2(1) (interpretation)—
i in each place where it occurs for “NHS Education for Scotland” substitute “the Agency”,
ii omit the definition of “NHS Education for Scotland”,
b in regulation 5(1B), (14) and (15) (application for inclusion in the dental list and notification of changes) for “NHS Education for Scotland” substitute “the Agency”,
c in regulation 14 (disclosure of information) omit paragraphs (2)(h) and (7)(j),
d in paragraph 2(3) of schedule B1 (enhanced skills in domiciliary care) for “NHS Education for Scotland” substitute “the Agency”, and
e in paragraphs 40(3) and (4) and 52 of schedule 1 (terms of service for dentists) for “NHS Education for Scotland” substitute “the Agency”.

14 The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011

In schedule 2 (modifications relating to Healthcare Improvement Scotland) of the Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 201124 omit paragraph 22.

15 The National Health Service (Primary Medical Services Performers Lists) (Scotland) Amendment Regulations 2011

In regulation 2 (amendment of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004) of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Amendment Regulations 201125—
a in paragraph (2)(a) omit the definition of “NHS Education for Scotland”, and
b omit paragraph (9)(c) and (d)(iii).

16 The Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Amendment Regulations 2012

In regulation 2 (amendment of the Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Regulations 2007) of the Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Amendment Regulations 201226 omit “; or (b) NHS Education for Scotland”.

17 The Health and Social Care Act 2012 (Consequential Provision-Social Workers) Order 2012

In the schedule (consequential amendments and other provision) of the Health and Social Care Act 2012 (Consequential Provision-Social Workers) Order 201227 omit paragraph 25.

18 The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2013

In regulation 6 of the National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 201328 omit paragraphs (b) and (c).

19 The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015

In schedule 1 (listed bodies) of the Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 201529 omit “NHS Education for Scotland”.

20 The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018

In paragraph 57 of schedule 6 (other contractual terms) of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 201830 for “NHS Education for Scotland” substitute “the Agency”.

21 The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018

In paragraph 28(3) of schedule 1 (content of agreements) of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 201831 for “NHS Education for Scotland” substitute “the Agency”.

22 The Official Statistics (Scotland) Amendment Order 2019

In the schedule (persons specified as producers of official statistics) of the Official Statistics (Scotland) Amendment Order 201932 omit “NHS Education for Scotland”.

23 The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019

In schedule 2 (amendments consequential on the renaming of the Health Professions Order 2001) of the Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 201933 omit paragraph 14.

24 The Public Services Reform (The Scottish Public Services Ombudsman) (Healthcare Whistleblowing) Order 2020

In article 3(7) (amendment of the Scottish Public Services Ombudsman Act 2002) of the Public Services Reform (The Scottish Public Services Ombudsman) (Healthcare Whistleblowing) Order 202034 omit “NHS Education for Scotland” and the corresponding entry in the opposite column.

25 The National Health Service (Vocational Training for Dentists) (Miscellaneous Amendment) (Scotland) Regulations 2022

In the National Health Service (Vocational Training for Dentists) (Miscellaneous Amendment) (Scotland) Regulations 202235 omit regulations 3(b) and (c)(ii) (amendment of the National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004) and 6 (amendment of the National Health Service (General Dental Services) (Scotland) Regulations 2010).

26 The Consumer Scotland Act 2020 (Relevant Public Authorities) Regulations 2024

In the schedule of the Consumer Scotland Act 2020 (Relevant Public Authorities) Regulations 202436—
a after “Health Bodies” insert “the Common Services Agency for the Scottish Health Service”, and
b omit “NHS Education for Scotland”.

Footnotes

  1. 1
    1978 c. 29. Section 2(1)(b) was inserted by the National Health Service and Community Care Act 1990 (c. 19), section 28(a)(ii), and amended by the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) (“the 2005 Act”), schedule 2, paragraph 2(2); section 10(3) was amended by the 2005 Act, schedule 2, paragraph 2(4); section 105(7) was amended by the Health Services Act 1980 (c. 53), schedule 6, paragraph 5(1) and schedule 7, the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 29(1) and schedule 9, Part I, paragraph 24, and the Health Act 1999 (c. 8), schedule 4, paragraph 60. The functions of the Secretary of State were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).
  2. 2
    S.S.I. 2002/103, as amended by S.S.I. 2003/242, S.I. 2003/1590, S.S.I. 2006/79, S.S.I. 2011/211, S.I. 2012/1479, S.I. 2019/1094 and S.S.I. 2021/330.
  3. 3
    S.S.I. 2008/312, as amended by S.S.I. 2011/211 and S.S.I. 2014/100.
  4. 4
    Section 16 was amended by the Health Services Act 1980 (c. 53), schedule 7, and the Vehicle Excise and Registration Act 1994 (c. 22), schedule 3, paragraph 13.
  5. 5
    Section 16B was inserted by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 3.
  6. 6
    S.S.I. 2002/105.
  7. 7
    S.S.I. 2006/79.
  8. 8
    S.S.I. 2021/330.
  9. 9
    2000 asp 7. Schedule 3 was relevantly amended by S.S.I. 2003/119.
  10. 10
    2002 asp 11. Schedule 5 was relevantly amended by S.S.I. 2020/5.
  11. 11
    2002 asp 13.
  12. 12
    Paragraph 32A was inserted by S.S.I. 2008/297.
  13. 13
    2018 asp 12. Schedule 1 was amended for purposes not relevant to this Order.
  14. 14
    S.S.I. 2003/119.
  15. 15
    S.I. 2003/1590, to which there are amendments not relevant to this Order.
  16. 16
    S.S.I. 2004/114, relevantly amended by S.S.I. 2011/392.
  17. 17
    S.S.I. 2004/292, relevantly amended by S.S.I. 2010/229, S.S.I. 2022/170.
  18. 18
    S.S.I. 2006/135, relevantly amended by S.S.I. 2007/193, S.S.I. 2013/355, S.S.I. 2018/212 and S.S.I. 2022/169.
  19. 19
    S.S.I. 2007/105, relevantly amended by S.S.I. 2012/170.
  20. 20
    1978 c. 29. Section 10 was amended by the Health Services Act 1980 (c. 53), schedule 6, paragraph 2, the National Health Service and Community Care Act 1990 (c. 19), section 66(2) and schedule 10, the Health Act 1999 (c. 8), schedule 4, paragraph 44, the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), schedule 2, paragraph 2(4), and the Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), section 63(2).
  21. 21
    S.S.I. 2008/131, relevantly amended by S.S.I. 2019/416.
  22. 22
    S.S.I. 2008/297.
  23. 23
    S.S.I. 2010/208, relevantly amended by S.S.I. 2016/53, S.S.I. 2017/289, S.S.I. 2019/174, S.S.I. 2022/170, S.S.I. 2023/247 and S.S.I. 2025/380.
  24. 24
    S.S.I. 2011/211.
  25. 25
    S.S.I. 2011/392.
  26. 26
    S.S.I. 2012/170.
  27. 27
    S.I. 2012/1479.
  28. 28
    S.S.I. 2013/355.
  29. 29
    S.S.I. 2015/347, relevantly amended by S.S.I. 2019/336.
  30. 30
    S.S.I. 2018/66, to which there are amendments not relevant to this Order.
  31. 31
    S.S.I. 2018/67, to which there are amendments not relevant to this Order.
  32. 32
    S.S.I. 2019/416.
  33. 33
    S.I. 2019/1094.
  34. 34
    S.S.I. 2020/5.
  35. 35
    S.S.I. 2022/170.
  36. 36
    S.S.I. 2024/78.