UK Offence Report

The Common Services Agency (Membership and Procedure) Amendment (Scotland) Regulations 2025

Scottish Statutory Instrument 2025 No. 387 — creates 3 criminal offences.

3offences created
0recorded in force
0revoked
Made
4 December 2025
In force from
2 February 2026
Extent
Not stated
Subject
Education, social security, pensions and public services
Made under
National Health Service (Scotland) Act 1978

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations amend the Common Services Agency (Membership and Procedure) Regulations 1991 (“the 1991 Regulations”) which make provision with respect to the Common Services Agency for the Scottish Health Service (“the Agency”). By virtue of section 10 of the National Health Service (Scotland) Act 1978 the Agency discharges such functions of Health Boards constituted under section 2 of that Act as the Scottish Ministers refer to it. These Regulations update the 1991 Regulations in order to achieve consistency with the legislation relating to membership and procedure of Health Boards. The updates are as set out in the following paragraphs. Regulation 2(2), (3) and (6) to (9) amends regulations 1, 2, 5, and 7 to 9 respectively of the 1991 Regulations to update the wording of the regulations amended into gender neutral and modern usage. Regulation 2(4) substitutes a new regulation 3 into the 1991 Regulations to make provision about membership of the management Committee of the Agency as follows: regulation 3(1) makes provision allowing members to resign from office. regulation 3(2) gives the Scottish Ministers the ability to terminate the appointment of a member if the Scottish Ministers are of the view that it is not in the interests of the Scottish Health Service that a member should continue to hold that appointment. regulation 3(3) makes provision allowing the Scottish Ministers to end a person’s membership where that member has not attended meetings of the Committee, or any sub-committee the member was due to attend, for six months. regulation 3(4) ensures that in the event that a member becomes disqualified, in terms of new regulation 4, their membership of the Committee immediately ends. regulation 3(5) gives the Scottish Ministers the ability to suspend members by determination. regulation 3(6) sets out the circumstances in which a suspension under regulation 3(5) will end. Regulation 2(5) substitutes a new regulation 4 into the 1991 Regulations to make provision about the circumstances in which persons are disqualified from membership of the management committee of the Agency. In terms of the new regulation 4(1) those circumstances are: by reason of having committed an offence in the British Islands, dismissal from employment in a health service body, except by redundancy, removal from office in a health service body before the expiry of the term of that office, membership of another health service body, the NHS Tribunal has disqualified the person from inclusion in a list under Parts I or II of the National Health Service (Scotland) Act 1978, removal, for reasons of impairment or loss of fitness to practise, from a list under the legislation referred to in regulation 4(1)(e), removal, for reasons of impairment or loss of fitness to practise, from a statutory register maintained by a listed regulatory body, the person is an undischarged bankrupt, a judicial factor has been appointed in relation to the person’s estate and the judicial factor has not been discharged by the court, the person is or has been subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification legislation referred to in regulation 4(1)(j), the person is prevented from being the trustee of a charity, or from acting on behalf of a charity, by a decision of a charity regulator or a court or tribunal in the British Islands, the person has been sanctioned in consequence of a finding of a contravention of a code of conduct prepared under the terms of the Ethical Standards in Public Life etc. (Scotland) Act 2000. The new regulation 4(2) sets out definitions for the purposes of the regulation, including “charity regulator”, “health service body”, “regulatory body” and “undischarged bankrupt”. Regulation 3 ensures that where a person has been appointed as a member of the management committee of the Agency before these Regulations come into force then the version of regulation 4 which had effect prior to these Regulations coming into force continues to have effect as regards that person.

Offences created by this instrument

What Parliament said about it

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