Commentary on Sections Part 1 – Guiding Principles for Staffing Section 2 – Guiding principles etc. in health care staffing and planning
12.This section places a duty on all geographical Health Boards and the Agency, in carrying out the duty to ensure appropriate staffing introduced by section 12IA of the 1978 Act (as inserted by section 4 of the Act), to have regard to the guiding principles in section 1. It also places a duty on all geographical Health Boards and the Agency to have regard to these guiding principles when commissioning health care from third parties, and to have regard to the need for such third parties to have appropriate staffing in place. The effect is to make these matters relevant considerations for Health Boards and the Agency in their decision-making in planning services, and in selecting and contracting with service providers.
13.Subsections (3) and (4) place a duty on Health Boards and the Agency to report to Scottish Ministers on how they have complied with subsections (1) and (2). This also requires them to report on how the services contracted have improved outcomes for patients. Subsections (5) and (6) require the Scottish Ministers to collate these reports and lay this collated report before the Parliament, setting out the steps taken by Health Boards and the Agency to comply with subsections (1) and (2), and the steps that Ministers will take in response to the recommendations and conclusions of the report.