Powers exercised and legally binding orders issued by the Health Secretary: FOI release

Information requested

1. A description of the means by which the Cabinet Secretary for Health and Social Care possesses and exercises executive authority over Health and Social Care in Scotland. This should include a list of the powers available to him in this regard to direct activity both within the Scottish Government and in separate bodies such as health boards, and also a more specific list of the powers actually exercised, how regularly they are exercised, what they are internally referred to, and how, in practice they are carried out.

2. A list of all legally binding orders issued by the Cabinet Secretary for Health and Social Care to another public body from 8 February 2024 to present.

3. A copy of each legally binding order issued by the Cabinet Secretary for Health and Social Care to another public body from 8 February 2024 to present.

4. A list of all legally binding orders issued by the Cabinet Secretary for Health and Social Care to another public body from 29 March 2023 to 8 February 2024.

5. A copy of each legally binding order issued by the Cabinet Secretary for Health and Social Care to another public body from 29 March 2023 to 8 February 2024.

Response

Most of information you have requested is already otherwise accessible or is due to be made available within the next 12 weeks, and therefore is exempt from disclosure under Section 25 and Section 27 of the Freedom of Information (Scotland) Act 2002 (FOISA).

However, to be helpful, we have signposted you to where you can access this information.

Question 1

The principle means by which the Cabinet Secretary for Health and Social Care possess and exercises executive authority over health and social care in Scotland is set out in the National Health Service (Scotland) Act 1978 (legislation.gov.uk) and associated regulations. Under the Act the Scottish Ministers have powers to direct Health Boards. In relation to social care Ministers have powers of direction under sections 5(1A) of the Social Work (Scotland) Act 1968 (legislation.gov.uk)and under section 52 of the Public Bodies (Joint Working) (Scotland) Act 2014 (legislation.gov.uk).

The Scottish Government Website (About the Scottish Government - gov.scot (www.gov.scot)) contains information about the government in Scotland, how it is formed and how it is structured. This includes information about Cabinet, the Permanent Secretary, and the wider civil service and how it supports government to develop and implement policies as well as deliver public services.

Our searches identified one letter which is not in the public domain, you can find a copy of it attached to our email response.

Questions 2, 3, 4 and 5

Legislation and regulations which apply to public bodies from 8 February 2024 to present and from 29 March 2023 to 8 February 2024 can be found at Legislation.gov.uk

In addition to legislation and regulations, delegated correspondence from officials acting on behalf of the Cabinet Secretary (Directors Letters or DLs) are published online. These letters are administrative orders and can be accessed at NHS Scotland - Publications.

The Cabinet Secretary for Health and Social Care is also responsible for the appointment of Health Boards Members. A full list of the appointments regulated by the Ethical Standards Commissioner is published at:

Public appointments: news releases - gov.scot (www.gov.scot)

Many of the above links are searchable by date range and/or key-words. This should enable you to find the information in your specific timescales.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI 202400426292 - Information released - Annex

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