Dispute Resolution Mechanism. 14.1 Where either of the Parties fails to agree with the other on any issue related to this Scheme, then they will follow the undernoted process: a) The Chief Executives of the Parties, will meet to resolve the issue; b) If unresolved, the Parties will each agree to prepare a written note of their position on the issue and exchange it with the others for their consideration within 10 working days of the date of the decision to proceed to written submissions. c) In the event that the issue remains unresolved following consideration of written submissions, the Chief Executives of the Parties, the Chair of the Health Board and the Leader of the Council will meet to appoint an independent mediator and the matter will proceed to mediation with a view to resolving the issue. 14.2 Where the issue remains unresolved after following the processes outlined in (a)-(c) above, the Parties agree the following process to notify Scottish Ministers that agreement cannot be reached: the Chief Executives of the Parties, and the Chief Officer will jointly make a written application to Scottish ministers stating the issues in dispute and requesting that the Scottish Ministers give directions. Column A Column B The National Health Service (Scotland) Act 1978 All functions of Health Boards conferred by, or by virtue of, the National Health Service (Scotland) Act 1978 Except functions conferred by or by virtue of— section 2(7) (Health Boards); section 2CB (functions of Health Boards outside Scotland); section 9 (local consultative committees); section 17A (NHS contracts); section 17C (personal medical or dental services); section 17I (use of accommodation); section 17J (Health Boards’ power to enter into general medical services contracts); section 28A (remuneration for Part II services); section 48 (residential and practice accommodation); section 55 (hospital accommodation on part payment); section 57 (accommodation and services for private patients); section 64 (permission for use of facilities in private practice); section 75A (remission and repayment of charges and payment of travelling expenses); section 75B (reimbursement of the cost of services provided in another EEA state); section 75BA (reimbursement of the cost of services provided in another EEA state where expenditure is incurred on or after 25 October 2013); section 79 (purchase of land and moveable property); section 82 use and administration of certain endowments and other property held by Health Boards); section 83 (power of Health Boards and local health councils to hold property on trust); section 84A (power to raise money, etc., by appeals, collections etc.); section 86 (accounts of Health Boards and the Agency); section 88 (payment of allowances and remuneration to members of certain bodies connected with the health services); section 98 (charges in respect of nonresidents); and paragraphs 4, 5, 11A and 13 of Schedule 1 to the Act (Health Boards); and functions conferred by— The National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989 Column A Column B The Health Boards (Membership and Procedure) (Scotland) Regulations 2001/302; The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000; The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004; The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004; The National Health Service (Discipline Committees) (Scotland) Regulations 2006; The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006; The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009; The National Health Service (General Dental Services) (Scotland) Regulations 2010; and The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011. Section 7 (persons discharged from hospital) All functions of Health Boards conferred by, or by virtue of, the Community Care and Health (Scotland) Act 2002. All functions of Health Boards conferred by, or by virtue of, the Mental Health (Care and Treatment) (Scotland) Act 2003. Except functions conferred by— section 22 (approved medical practitioners); section 34 (inquiries under section 33: cooperation) section 38 (duties on hospital managers: examination, notification etc.); section 46 (hospital managers’ duties: notification); section 124 (transfer to other hospital); section 228 (request for assessment of needs: duty on local authorities and Health Boards); section 230 (appointment of patient’s responsible medical officer); section 260 (provision of information to patient); section 264 (detention in conditions of excessive security: state hospitals); section 267 (orders under sections 264 to 266: recall); section 281 (correspondence of certain persons detained in hospital); and functions conferred by— The Mental Health (Safety and Security) (Scotland) Regulations Column A Column B 2005; The Mental Health (Cross border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005; The Mental Health (Use of Telephones) (Scotland) Regulations 2005; and The Mental Health (England and Wales Crossborder transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008.
Appears in 2 contracts
Sources: Health and Social Care Partnership Integration Scheme, Health and Social Care Partnership Integration Scheme
Dispute Resolution Mechanism. 14.1 Where either of the Parties fails to agree with the other on any issue related to this Scheme, then they will follow the undernoted process:
a) The Chief Executives of the Parties, Parties will meet to resolve the issue;
b) If unresolved, the Parties will each agree to prepare a written note of their position on the issue and exchange it with the others for their consideration within 10 working days of the date of the decision to proceed to written submissions.
c) In the event that the issue remains unresolved following consideration of written submissions, the Chief Executives of the Parties, the Chair of the Health Board and the Leader of the Council will meet to appoint an independent mediator and the matter will proceed to mediation with a view to resolving the issue.
14.2 Where the issue remains unresolved after following the processes outlined in (a)-(c) above, the Parties agree the following process to notify Scottish Ministers that agreement cannot be reached: the Chief Executives of the Parties, and the Chief Officer will jointly make a written application to Scottish ministers Ministers stating the issues in dispute and requesting that the Scottish Ministers give directions. .
Column A Column B The National Health Service (Scotland) Act 1978 All functions of Health Boards conferred by, or by virtue of, the National Health Service (Scotland) Act 1978 1978. Except functions conferred by or by virtue of— section 2(7) (Health Boards); section 2CB (functions of Health Boards outside Scotland); section 9 (local consultative committees); section 17A (NHS contracts); section 17C (personal medical or dental services); section 17I (use of accommodation); section 17J (Health Boards’ power to enter into general medical services contracts); section 28A (remuneration for Part II services); section 48 (residential and practice accommodation); section 55 (hospital accommodation on part payment); section 57 (accommodation and services for private patients); section 64 (permission for use of facilities in private practice); section 75A (remission and repayment of charges and payment of travelling expenses); section 75B (reimbursement of the cost of services provided in another EEA state); section 75BA (reimbursement of the cost of services provided in another EEA state where expenditure is incurred on or after 25 October 2013); section 79 (purchase of land and moveable property); section 82 use and administration of certain endowments and other property held by Health Boards); section 83 (power of Health Boards and local health councils to hold property on trust); section 84A (power to raise money, etc., by appeals, collections etc.); section 86 (accounts of Health Boards and the Agency); section 88 (payment of allowances and remuneration to members of certain bodies connected with the health services); section 98 (charges in respect of nonresidentsnon-residents); and paragraphs 4, 5, 11A and 13 of Schedule 1 (Health Boards). and functions conferred by— The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000; The Health Boards (Membership and Procedure) (Scotland) Column A Column B Disabled Persons (Services, Consultation and Representation) Act 1986 Section 7 (persons discharged from hospital) Community Care and Health (Scotland) Act 2002 All functions of Health Boards conferred by, or by virtue of, the Community Care and Health (Scotland) Act 2002. Mental Health (Care and Treatment) (Scotland) Act 2003 All functions of Health Boards conferred by, or by virtue of, the Mental Health (Care and Treatment) (Scotland) Act 2003. Regulations 2001, The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004; The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004) The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006; The National Health Service (Discipline Committees) (Scotland) Regulations 2006; The National Health Service (Appointment of Consultants) (Scotland) Regulations 2009; The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009; and The National Health Service (General Dental Services) (Scotland) Regulations 2010. The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011 Except functions conferred by: section 22 (approved medical practitioners); section 34 (inquiries under section 33: cooperation) section 38 (duties on hospital managers: examination, notification etc.); section 46 (hospital managers’ duties: notification); section 124 (transfer to other hospital); section 228 (request for assessment of needs: duty on local authorities and Health Boards); section 230 (appointment of patient’s responsible medical officer); Column A Column B Education (Additional Support for Learning) (Scotland) Act 2004 Section 23 (other agencies etc. to help in exercise of functions under this Act) Public Services Reform (Scotland) Act 2010 All functions of Health Boards conferred by, or by virtue of, the Public Services Reform (Scotland) Act 2010. Patient Rights (Scotland) Act 2011 All functions of Health Boards conferred by, or by virtue of, the Patient Rights (Scotland) Act 2011. section 260 (provision of information to patient); section 264 (detention in conditions of excessive security: state hospitals); section 267 (orders under sections 264 to 266: recall); section 281 (correspondence of certain persons detained in hospital); and functions conferred by— The Mental Health (Safety and Security) (Scotland) Regulations 2005; The Mental Health (Cross border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005; The Mental Health (Use of Telephones) (Scotland) Regulations 2005; and The Mental Health (England and Wales Crossborder transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008. Except functions conferred by— section 31(Public functions: duties to provide information on certain expenditure etc.); and section 32 (Public functions: duty to provide information on exercise Except functions conferred by The Patient Rights (complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012/36. Column A Column B The National Health Service (Scotland) Act 1978 All functions of Health Boards conferred by, or by virtue of, the National Health Service (Scotland) Act Except functions conferred by or by virtue of— section 2(7) (Health Boards); 1978 section 2CB (functions of Health Boards outside Scotland); section 9 (local consultative committees); section 17A (NHS contracts); section 17C (personal medical or dental services); section 17I (use of accommodation); section 17J (Health Boards’ power to enter into general medical services contracts); section 28A (remuneration for Part II services); section 38 (care of mothers and young children); section 38A (breastfeeding); section 39 (medical and dental inspection, supervision and treatment of pupils and young persons); section 48 (residential and practice accommodation); section 55 (hospital accommodation on part payment); section 57 (accommodation and services for private patients); section 64 (permission for use of facilities in private practice); section 75A (remission and repayment of charges and payment of travelling expenses); section 75B (reimbursement of the cost of services provided in another EEA state); section 75BA (reimbursement of the cost of services provided in another EEA state where expenditure is incurred on or after 25 October 2013); section 79 (purchase of land and moveable property); section 82 use and administration of certain endowments and other property held by Health Boards); section 83 (power of Health Boards and local health councils to hold property on trust); section 84A (power to raise money, etc., by appeals, collections etc.); section 86 (accounts of Health Boards and the Agency); section 88 (payment of allowances and remuneration to members of certain bodies connected with the health services); section 98 (charges in respect of non-residents); and paragraphs 4, 5, 11A and 13 of Schedule 1 to the Act (Health Boards); and functions conferred by— The National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989 Column A Column B The Health Boards (Membership and Procedure) (Scotland) Regulations 2001/302; The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000; The National Health Service (Primary Medical Services Performers Column A Column B Lists) (Scotland) Regulations 2004; The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004; The National Health Service (Discipline Committees) (Scotland) Regulations 2006; The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006; The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009; The National Health Service (General Dental Services) (Scotland) Regulations 2010; and The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011. Section 7 (persons discharged from hospital) All functions of Health Boards conferred by, or by virtue of, the Community Care and Health (Scotland) Act 2002. All functions of Health Boards conferred by, or by virtue of, the Mental Health (Care and Treatment) (Scotland) Act 2003. Except functions conferred by— section 22 (approved medical practitioners); section 34 (inquiries under section 33: cooperation) section 38 (duties on hospital managers: examination, notification etc.); section 46 (hospital managers’ duties: notification); section 124 (transfer to other hospital); section 228 (request for assessment of needs: duty on local authorities and Health Boards); section 230 (appointment of patient’s responsible medical officer); section 260 (provision of information to patient); section 264 (detention in conditions of excessive security: state hospitals); section 267 (orders under sections 264 to 266: recall); section 281 (correspondence of certain persons detained in hospital); and functions conferred by— The Mental Health (Safety and Security) (Scotland) Regulations Column A Column B 2005; The Mental Health (Cross border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005; The Mental Health (Use of Telephones) (Scotland) Regulations 2005; and The Mental Health (England and Wales Crossborder transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008.;
Appears in 1 contract
Sources: Integration Scheme
Dispute Resolution Mechanism. 14.1 17.1 The Parties aim to continue to adopt a collaborative approach to the integration of health and social care.
17.2 The Parties will use their best endeavours to quickly resolve any areas of disagreement. Where either any disputes do arise that require escalation to the Chief Executives of the respective organisations, those officers will attempt to resolve matters in an amicable fashion and in the spirit of mutual cooperation.
17.3 In the unlikely event that the Parties fails to agree with the other on any issue related to this Schemedo not reach agreement, then they will follow the undernoted process:
a) then: The Chief Executives of the Parties, Health Board and the Council will meet to resolve the issue;
b) . If unresolved, the Parties Health Board and the Council will each agree to prepare a written note of their position on the issue and exchange it with the others for their consideration within 10 working days others. The Leader of the date Council, Chair of the decision Health Board and the Chief Executives of the Health Board and the Council will then meet to proceed to written submissions.
c) resolve the issue. In the event that the issue remains unresolved following consideration of written submissionsunresolved, the Chief Executives of the Parties, the Chair representatives of the Health Board and the Leader of the Council will meet to appoint an independent mediator and the matter will proceed to mediation with a view to resolving the issue. The process for appointing the mediator will be agreed between the Chair of the Health Board and Leader of the Council.
14.2 17.4 Where the issue remains unresolved after following the processes outlined in (a)-(c) section 17.3 above, the Parties agree the following process to notify Scottish Ministers that agreement cannot be reached: the Chief Executives of the Parties, Health Board and the Chief Officer Council will jointly make a written application to and formally notify Scottish ministers stating Ministers in writing of the issues in dispute and requesting that the Scottish Ministers give directionsbe bound by their determination. Column A Column B The National Health Service (Scotland) Act 1978 All functions of Health Boards conferred by, or by virtue of, the National Health Service (Scotland) Act 1978 Except functions conferred by or by virtue of— section 2(7) (Health Boards); section 2CB (functions of Health Boards outside Scotland); section 9 (local consultative committees); section 17A (NHS contracts); section 17C (personal medical or dental services); section 17I (use of accommodation); section 17J (Health Boards’ ‘ power to enter into general medical services contracts); section 28A (remuneration for Part II services); section 48 (residential and practice accommodation); section 55 (hospital accommodation on part payment); section 57 (accommodation and services for private patients); section 64 (permission for use of facilities in private practice); section 75A (remission and repayment of charges and payment of travelling expenses); section 75B (reimbursement of the cost of services provided in another EEA state); section 75BA (reimbursement of the cost of services provided in another EEA state where expenditure is incurred on or after 25 October 2013); section 79 (purchase of land and moveable property); section 82 use and administration of certain endowments and other property held by Health Boards); section 83 (power of Health Boards and local health councils to hold property on trust); section 84A (power to raise money, etc., by appeals, collections etc.); section 86 (accounts of Health Boards and the Agency); section 88 (payment of allowances and remuneration to members of certain bodies connected with the health services); section 98 (charges in respect of nonresidentsnon-residents); and paragraphs 4, 5, 11A and 13 of Schedule 1 to the Act Column A Column B (Health Boards); and functions conferred by— The National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989 Column A Column B The Health Boards (Membership and Procedure) (Scotland) Regulations 2001/302; The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000; The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004; The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004; The National Health Service (Discipline Committees) (Scotland) Regulations 2006; The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006; The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009; The National Health Service (General Dental Services) (Scotland) Regulations 2010; and The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011. Section 7 (persons discharged from hospital) Community Care and Health (Scotland) Act 2002 All functions of Health Boards conferred by, or by virtue of, the Community Care and Health (Scotland) Act 2002. All functions of Health Boards conferred by, or by virtue of, the Mental Health (Care and Treatment) (Scotland) Act 2003. Except functions conferred by— section 22 (approved medical practitioners); section 34 (inquiries under section 33: cooperation) section 38 (duties on hospital managers: examination, notification etc.); section 46 (hospital managers’ ‘ duties: notification); section 124 (transfer to other hospital); section 228 (request for assessment of needs: duty on on
Column A Column B local authorities and Health Boards); section 230 (appointment of patient’s patient‘s responsible medical officer); section 260 (provision of information to patient); section 264 (detention in conditions of excessive security: state hospitals); section 267 (orders under sections 264 to 266: recall); section 281 (correspondence of certain persons detained in hospital); and functions conferred by— The Mental Health (Safety and Security) (Scotland) Regulations Column A Column B 2005; The Mental Health (Cross border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005; The Mental Health (Use of Telephones) (Scotland) Regulations 2005; and The Mental Health (England and Wales Crossborder transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008.
Appears in 1 contract
Sources: Integration Scheme
Dispute Resolution Mechanism. 14.1 Where either of the Parties fails fail to agree with the other on any issue related to this Scheme, then Scheme they will follow the undernoted process:
(a) The Chief Executives of the Parties, Parties will meet to resolve the issue;.
(b) If unresolved, the Parties will each agree to prepare a written note of their position on the issue and exchange it with the others other for their consideration within 10 working days of the date of the decision to proceed to written submissionssubmissions or such other period as the Parties agree.
(c) In the event that the issue remains unresolved following consideration of written submissions, the Chief Executives of the Parties, the Chair of the Health NHS Board and the Leader of the Council will meet to appoint an independent mediator and the matter will proceed to mediation with a view to resolving the issue.
14.2 Where the issue remains unresolved after following the processes outlined in (a)-(c) above, the Parties agree the following process to notify Scottish Ministers that agreement cannot be reached: the Chief Executives of the Parties, and the Chief Officer will jointly make a written application to Scottish ministers Ministers stating the issues in dispute and requesting that the Scottish Ministers give directions. Column A Column B The National Health Service (Scotland) Act 1978 1978(a) All functions of Health Boards conferred by, or by virtue of, the National Health Service (Scotland) Act 1978. Except functions conferred by or by virtue of— section 2(7) (Health Boards); section 9 (local consultative committees); section 17A (NHS contracts); section 17C (personal medical or dental services); section 17J (Health Boards’ power to enter into general medical services contracts); section 28A (remuneration for Part II services); section 48 (residential and practice accommodation); section 57 (accommodation and services for private patients); section 64 (permission for use of facilities in private practice); section 79 (purchase of land and moveable property); section 86 (accounts of Health Boards and the Agency); section 88 (payment of allowances and remuneration to members of certain bodies connected with the health services); paragraphs 4, 5, 11A and 13 of Schedule 1 (Health Boards); and functions conferred by— The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000; The Health Boards (Membership and Procedure) (Scotland) Regulations 2001, The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004; The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004) The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006; The National Health Service (Discipline Committees) (Scotland) Regulations 2006; The National Health Service (Appointment of Consultants) (Scotland) Regulations 2009; The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009; and The National Health Service (General Dental Services) (Scotland) Regulations 2010. Disabled Persons (Services, Consultation and Representation) Act 1986(a) Section 7 (persons discharged from hospital) Community Care and Health (Scotland) Act 2002(b) All functions of Health Boards conferred by, or by virtue of, the Community Care and Health (Scotland) Act 2002. Mental Health (Care and Treatment) (Scotland) Act 2003(c) All functions of Health Boards conferred by, or by virtue of, the Mental Health (Care and Treatment) (Scotland) Act 2003. Except functions conferred by section 22 (approved medical practitioners). Education (Additional Support for Learning) (Scotland) Act 2004(d) Section 23 (other agencies etc. to help in exercise of functions under this Act) Public Health etc. (Scotland) Act 2008(e) Section 2 (duty of Health Boards to protect public health) Section 7 (joint public health protection plans) Public Services Reform (Scotland) Act 2010(f) All functions of Health Boards conferred by, or by virtue of, the Public Services Reform (Scotland) Act 2010. Except functions conferred by— section 31(Public functions: duties to provide information on certain expenditure etc.); and section 32 (Public functions: duty to provide information on exercise of functions). Patient Rights (Scotland) Act 2011(g) All functions of Health Boards conferred by, or by virtue of, the Patient Rights (Scotland) Act 2011. All functions of Health Boards conferred by, or by virtue of, the National Health Service (Scotland) Act 1978 Except functions conferred by or by virtue of— section 2(7) (Health Boards); section 2CB (functions of Health Boards outside Scotland); section 9 (local consultative committees); section 17A (NHS contracts); section 17C (personal medical or dental services); section 17I (use of accommodation); section 17J (Health Boards’ power to enter into general medical services contracts); section 28A (remuneration for Part II services); section 38 (care of mothers and young children); section 38A (breastfeeding); section 39 (medical and dental inspection, supervision and treatment of pupils and young persons); section 48 (residential and practice accommodation); section 55 (hospital accommodation on part payment); section 57 (accommodation and services for private patients); section 64 (permission for use of facilities in private practice); section 75A (remission and repayment of charges and payment of travelling expenses); section 75B (reimbursement of the cost of services provided in another EEA state); section 75BA (reimbursement of the cost of services provided in another EEA state where expenditure is incurred on or after 25 October 2013); section 79 (purchase of land and moveable property); section 82 use and administration of certain endowments and other property held by Health Boards); section 83 (power of Health Boards and local health councils to hold property on trust); section 84A (power to raise money, etc., by appeals, collections etc.); section 86 (accounts of Health Boards and the Agency); section 88 (payment of allowances and remuneration to members of certain bodies connected with the health services); section 98 (charges in respect of nonresidentsnon-residents); and paragraphs 4, 5, 11A and 13 of Schedule 1 to the Act (Health Boards); and functions conferred by— The National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989 Column A Column B 1989; The Health Boards (Membership and Procedure) (Scotland) Regulations 2001/302; The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000; The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004; The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004; The National Health Service (Discipline Committees) (Scotland) Regulations 2006; The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006; The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009; The National Health Service (General Dental Services) (Scotland) Regulations 2010; and The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011. Section 7 (persons discharged from hospital) All functions of Health Boards conferred by, or by virtue of, the Community Care and Health (Scotland) Act 2002. All functions of Health Boards conferred by, or by virtue of, the Mental Health (Care and Treatment) (Scotland) Act 2003. Except functions conferred by— section 22 (approved medical practitioners); section 34 (inquiries under section 33: cooperation) co-operation); section 38 (duties on hospital managers: examination, notification etc.); section 46 (hospital managers’ duties: notification); section 124 (transfer to other hospital); section 228 (request for assessment of needs: duty on local authorities and Health Boards); section 230 (appointment of patient’s responsible medical officer); section 260 (provision of information to patient); section 264 (detention in conditions of excessive security: state hospitals); section 267 (orders under sections 264 to 266: recall); section 281 (correspondence of certain persons detained in hospital); and functions conferred by— The Mental Health (Safety and Security) (Scotland) Regulations Column A Column B 2005; The Mental Health (Cross border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005; The Mental Health (Use of Telephones) (Scotland) Regulations 2005; and The Mental Health (England and Wales Crossborder Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008.
Appears in 1 contract
Sources: Integration Scheme
Dispute Resolution Mechanism. 14.1 Where either of the Parties fails fail to agree with the other on any issue related to this Scheme, then Scheme they will follow the undernoted process:
(a) The Chief Executives of the Parties, Parties will meet to resolve the issue;.
(b) If unresolved, the Parties will each agree to prepare a written note of their position on the issue and exchange it with the others other for their consideration within 10 working days of the date of the decision to proceed to written submissionssubmissions or such other period as the Parties agree.
(c) In the event that the issue remains unresolved following consideration of written submissions, the Chief Executives of the Parties, the Chair of the Health NHS Board and the Leader of the Council will meet to appoint an independent mediator and the matter will proceed to mediation with a view to resolving the issue.
14.2 Where the issue remains unresolved after following the processes outlined in in
(a)-(ca) to (c) above, the Parties agree the following process to notify Scottish Ministers that agreement cannot be reached: the Chief Executives of the Parties, and the Chief Officer will jointly make a written application to Scottish ministers Ministers stating the issues in dispute and requesting that the Scottish Ministers give directions. Column A Column B The National Health Service (Scotland) Act 1978 All functions of Health Boards conferred by, or by virtue of, the National Health Service (Scotland) Act 1978 Except functions conferred by or by virtue of— : • section 2(7) (Health Boards); section 2CB (functions of Health Boards outside Scotland); • section 9 (local consultative committees); • section 17A (NHS contracts); • section 17C (personal medical or dental services); section 17I (use of accommodation); • section 17J (Health Boards’ power to enter into general medical services contracts); • section 28A (remuneration for Part II 2 services); • section 48 (residential and practice accommodation); section 55 (hospital accommodation on part payment); • section 57 (accommodation and services for private patients); • section 64 (permission for use of facilities in private practice); section 75A (remission and repayment of charges and payment of travelling expenses); section 75B (reimbursement of the cost of services provided in another EEA state); section 75BA (reimbursement of the cost of services provided in another EEA state where expenditure is incurred on or after 25 October 2013); • section 79 (purchase of land and moveable property); section 82 use and administration of certain endowments and other property held by Health Boards); section 83 (power of Health Boards and local health councils to hold property on trust); section 84A (power to raise money, etc., by appeals, collections etc.); • section 86 (accounts of Health Boards and the Agency); • section 88 (payment of allowances and remuneration to members of certain bodies connected with the health services); section 98 (charges in respect of nonresidents); and • paragraphs 4, 5, 11A and 13 of Schedule 1 to the Act (Health Boards); and functions conferred by— The National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989 : Column A Column B The Health Boards (Membership and Procedure) (Scotland) Regulations 2001/302; • The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000; • The Health Boards (Membership and Procedure) (Scotland) Regulations 2001, • The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004; • The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004; The National Health Service (Discipline Committees) (Scotland) Regulations 2006; • The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006; • The National Health Service (Discipline Committees) (Scotland) Regulations 2006; • The National Health Service (Appointment of Consultants) (Scotland) Regulations 2009; • The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009; and • The National Health Service (General Dental Services) (Scotland) Regulations 2010; and The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011. Column A Column B Section 7 (persons discharged from hospital) Not applicable Column A Column B All functions of Health Boards conferred by, or by virtue of, the Community Care and Health (Scotland) Act 2002. Not applicable Column A Column B All functions of Health Boards conferred by, or by virtue of, the Mental Health (Care and Treatment) (Scotland) Act 2003. Except functions conferred by— : • Section 22 (approved medical practitioners) Column A Column B Section 23 (other agencies etc. to help in exercise of functions under this Act) Not applicable Column A Column B Section 2 (duty of Health Boards to protect public health) Not applicable Section 7 (joint public health protection plans) Not applicable Column A Column B All functions of Health Boards conferred by, or by virtue of, the Public Services Reform (Scotland) Act 2010. Except functions conferred by: • section 31(Public functions: duties to provide information on certain expenditure etc.); and • section 32 (Public functions: duty to provide information on exercise of functions). Column A Column B All functions of Health Boards conferred by, or by virtue of, the Patient Rights (Scotland) Act 2011. Not applicable Column A Column B All functions of Health Boards conferred by, or by virtue of, the National Health Service (Scotland) Act 1978 Except functions conferred by or by virtue of: • section 2(7) (Health Boards); • section 2CB (functions of Health Boards outside Scotland); • section 9 (local consultative committees); • section 17A (NHS contracts); • section 17C (personal medical or dental services); • section 17I (use of accommodation); • section 17J (Health Boards’ power to enter into general medical services contracts); • section 28A (remuneration for Part II services); • section 38 (care of mothers and young children); • section 38A (breastfeeding); • section 39 (medical and dental inspection, supervision and treatment of pupils and young persons); • section 48 (residential and practice accommodation); • section 55 (hospital accommodation on part payment); • section 57 (accommodation and services for private patients); • section 64 (permission for use of facilities in private practice); • section 75A (remission and repayment of charges and payment of travelling expenses); Column A Column B • section 75B (reimbursement of the cost of services provided in another EEA state); • section 75BA (reimbursement of the cost of services provided in another EEA state where expenditure is incurred on or after 25 October 2013); • section 79 (purchase of land and moveable property); • section 82 use and administration of certain endowments and other property held by Health Boards); • section 83 (power of Health Boards and local health councils to hold property on trust); • section 84A (power to raise money, etc., by appeals, collections etc.); • section 86 (accounts of Health Boards and the Agency); • section 88 (payment of allowances and remuneration to members of certain bodies connected with the health services); • section 98 (charges in respect of non-residents); and • paragraphs 4, 5, 11A and 13 of Schedule 1 to the Act (Health Boards); and functions conferred by: • The National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989; • The Health Boards (Membership and Procedure) (Scotland) Regulations 2001/302; • The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000; Column A Column B • The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004; • The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004; • The National Health Service (Discipline Committees) (Scotland) Regulations 2006; • The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006; • The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009; • The National Health Service (General Dental Services) (Scotland) Regulations 2010; and • The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011. Column A Column B Section 7 (persons discharged from hospital) Not applicable Column A Column B All functions of Health Boards conferred by, or by virtue of, the Community Care and Health (Scotland) Act 2002. Not applicable Column A Column B All functions of Health Boards conferred by, or by virtue of, the Mental Health (Care and Treatment) (Scotland) Act 2003. Except functions conferred by: Column A Column B • section 22 (approved medical practitioners); • section 34 (inquiries under section 33: cooperation) co-operation); • section 38 (duties on hospital managers: examination, notification etc.); • section 46 (hospital managers’ duties: notification); • section 124 (transfer to other hospital); • section 228 (request for assessment of needs: duty on local authorities and Health Boards); • section 230 (appointment of patient’s responsible medical officer); • section 260 (provision of information to patient); • section 264 (detention in conditions of excessive security: state hospitals); • section 267 (orders under sections 264 to 266: recall); • section 281 (correspondence of certain persons detained in hospital); and functions conferred by— • The Mental Health (Safety and Security) (Scotland) Regulations Column A Column B 2005; • The Mental Health (Cross border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005; Column A Column B • The Mental Health (Use of Telephones) (Scotland) Regulations 2005; and • The Mental Health (England and Wales Crossborder Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008. Column A Column B Section 23 (other agencies etc. to help in exercise of functions under this Act) Not applicable Column A Column B All functions of Health Boards conferred by, or by virtue of, the Public Services Reform (Scotland) Act 2010. Except functions conferred by: • section 31 (Public functions: duties to provide information on certain expenditure etc.); and • section 32 (Public functions: duty to provide information on exercise of functions).
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Sources: Integration Scheme