Health and Care (Staffing) (Scotland) Bill 13 Part 2—Staffing in the NHS (2) In Part I of the schedule— (a) in column 1— (i) after the entry relating to section 10(4) of the National Health Service (Scotland) Act 1978, insert “Section 12IA”, 5 (ia) after the entry inserted by sub-paragraph (i), insert “Section 12IAA”, (ib) after the entry inserted by sub-paragraph (ia), insert “Section 12IAB”, (ii) after the entry inserted by sub-paragraph (ib), insert “Section 12IB”, (iii) after the entry inserted by sub-paragraph (ii) , insert “Section 12ID”, (iv) after the entry inserted by sub-paragraph (iii), insert “Section 12IE”, and 10 (v) after the entry inserted by sub-paragraph (iv), insert “Section 12IF”, and (b) in column 2— (i) in the place corresponding to the entry inserted by paragraph (a)(i), insert “Duty to ensure appropriate staffing”, (ia) in the place corresponding to the entry inserted by paragraph (a)(ia), insert 15 “Duty to have real-time staffing assessment in place”, (ib) in the place corresponding to the entry inserted by paragraph (a)(ib), insert “Duty to have risk escalation process in place”, (ii) in the place corresponding to the entry inserted by paragraph (a)(ii), insert “Duty to follow common staffing method”, 20 (iii) in the place corresponding to the entry inserted by paragraph (a)(iii), insert “Duties of training and consultation of staff”, (iv) in the place corresponding to the entry inserted by paragraph (a)(iv), insert “Duty of reporting on staffing”, and (v) in the place corresponding to the entry inserted by paragraph (a)(v), insert 25 “Duty to have regard to Ministerial guidance on staffing”. (3) In Part II of the schedule— (a) in column 1, at the end, insert “Section 2 of the Health and Care (Staffing) (Scotland) Act 2019”, (b) in column 2, in the place corresponding to the entry inserted by paragraph (a), 30 insert “Duties to have regard to guiding principles in health care staffing and planning”. (4) The Scottish Ambulance Service Board Order 1999 (S.I. 1999/686) is amended in accordance with subsections (5) and (6). (5) In Part I of the schedule— 35 (a) in column 1— (i) after the entry relating to section 10(4) of the National Health Service (Scotland) Act 1978, insert “Section 12IA”, (ia) after the entry inserted by sub-paragraph (i), insert “Section 12IAA”, (ib) after the entry inserted by sub-paragraph (ia), insert “Section 12IAB”, 40 (ii) after the entry inserted by sub-paragraph (ib), insert “Section 12IE”, and 14 Health and Care (Staffing) (Scotland) Bill Part 2—Staffing in the NHS (iii) after the entry inserted by sub-paragraph (ii), insert “Section 12IF”, (b) in column 2— (i) in the place corresponding to the entry inserted by paragraph (a)(i), insert “Duty to ensure appropriate staffing”, 5 (ia) in the place corresponding to the entry inserted by paragraph (a)(ia), insert “Duty to have real-time staffing assessment in place”, (ib) in the place corresponding to the entry inserted by paragraph (a)(ib), insert “Duty to have risk escalation process in place”, (ii) in the place corresponding to the entry inserted by paragraph (a)(ii), insert 10 “Duty of reporting on staffing”, and (iii) in the place corresponding to the entry inserted by paragraph (a)(iii), insert “Duty to have regard to Ministerial guidance on staffing”, and (c) in column 3— (i) in the place corresponding to the entry inserted by paragraph (a)(ii), insert 15 “Applied in so far as it relates to sections 12IA, 12IAA and 12IAB of the Act and section 2 of the Health and Care (Staffing) (Scotland) Act 2019”, and (ii) in the place corresponding to the entry inserted by paragraph (a)(iii), insert “Applied in so far as it relates to sections 12IA, 12IAA and 12IAB of the 20 Act and section 2 of the Health and Care (Staffing) (Scotland) Act 2019”. (6) In Part II of the schedule— (a) in column 1, at the end, insert “Section 2 of the Health and Care (Staffing) (Scotland) Act 2019”, and (b) in column 2, in the place corresponding to the entry inserted by paragraph (a), 25 insert “Duties to have regard to guiding principles in health care staffing and planning”. (7) The NHS 24 (Scotland) Order 2001 (S.S.I. 2001/137) is amended in accordance with subsections (8) and (9). (8) In Part I of the schedule— 30 (a) in column 1— (i) after the entry relating to section 10(4) of the National Health Service (Scotland) Act 1978, insert “Section 12IA”, (ia) after the entry inserted by sub-paragraph (i), insert “Section 12IAA”, (ib) after the entry inserted by sub-paragraph (ia), insert “Section 12IAB”, 35 (ii) after the entry inserted by sub-paragraph (ib), insert “Section 12IB”, (iii) after the entry inserted by sub-paragraph (ii), insert “Section 12ID”, (iv) after the entry inserted by sub-paragraph (iii), insert “Section 12IE”, and (v) after the entry inserted by sub-paragraph (iv), insert “Section 12IF”, and (b) in column 2— 40 (i) in the place corresponding to the entry inserted by paragraph (a)(i), insert “Duty to ensure appropriate staffing”, Health and Care (Staffing) (Scotland) Bill 15 Part 2—Staffing in the NHS (ia) in the place corresponding to the entry inserted by paragraph (a)(ia), insert “Duty to have real-time staffing assessment in place”, (ib) in the place corresponding to the entry inserted by paragraph (a)(ib), insert “Duty to have risk escalation process in place”, 5 (ii) in the place corresponding to the entry inserted by paragraph (a)(ii), insert “Duty to follow common staffing method”, (iii) in the place corresponding to the entry inserted by paragraph (a)(iii), insert “Duties of training and consultation of staff”, (iv) in the place corresponding to the entry inserted by paragraph (a)(iv), insert 10 “Duty of reporting on staffing,” and (v) in the place corresponding to the entry inserted by paragraph (a)(v), insert “Duty to have regard to Ministerial guidance on staffing”. (9) In Part II of the schedule— (a) in column 1, at the end, insert “Section 2 of the Health and Care (Staffing) 15 (Scotland) Act 2019”, (b) in column 2, in the place corresponding to the entry inserted by paragraph (a), insert “Duties to have regard to guiding principles in health care staffing and planning”. (10) The National Waiting Times Centre Board (Scotland) Order 2002 (S.S.I. 2002/305) is 20 amended in accordance with subsections (11) and (12). (11) In Part I of the schedule— (a) in column 1— (i) after the entry relating to section 10(4) of the National Health Service (Scotland) Act 1978, insert “Section 12IA”, 25 (ia) after the entry inserted by sub-paragraph (i), insert “Section 12IAA”, (ib) after the entry inserted by sub-paragraph (ia), insert “Section 12IAB”, (ii) after the entry inserted by sub-paragraph (ib), insert “Section 12IB”, (iii) after the entry inserted by sub-paragraph (ii), insert “Section 12ID”, (iv) after the entry inserted by sub-paragraph (iii), insert “Section 12IE”, and 30 (v) after the entry inserted by sub-paragraph (iv), insert “Section 12IF”, and (b) in column 2— (i) in the place corresponding to the entry inserted by paragraph (a)(i), insert “Duty to ensure appropriate staffing”, (ia) in the place corresponding to the entry inserted by paragraph (a)(ia), insert 35 “Duty to have real-time staffing assessment in place”, (ib) in the place corresponding to the entry inserted by paragraph (a)(ib), insert “Duty to have risk escalation process in place”, (ii) in the place corresponding to the entry inserted by paragraph (a)(ii), insert “Duty to follow common staffing method”, 40 (iii) in the place corresponding to the entry inserted by paragraph (a)(iii), insert “Duties of training and consultation of staff”, 16 Health and Care (Staffing) (Scotland) Bill Part 2—Staffing in the NHS (iv) in the place corresponding to the entry inserted by paragraph (a)(iv), insert “Duty of reporting on staffing”, and (v) in the place corresponding to the entry inserted by paragraph (a)(v), insert “Duty to have regard to Ministerial guidance on staffing”. 5 (12) In Part II of the schedule— (a) in column 1, at the end, insert “Section 2 of the Health and Care (Staffing) (Scotland) Act 2019”, (b) in column 2, in the place corresponding to the entry inserted by paragraph (a), insert “Duties to have regard to guiding principles in health care staffing and 10 planning”. 5A Role of Healthcare Improvement Scotland in relation to staffing (1) The National Health Service (Scotland) Act 1978 is amended as follows. (2) After section 12IG (as inserted by section 4) insert— “HIS functions in relation to staffing 15 12IH HIS: monitoring and reporting on compliance with staffing duties HIS must monitor the discharge, by every Health Board, relevant Special Health Board and the Agency, of their duties under— (a) section 12IA (including the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding 20 principles in health care staffing and planning), (b) section 12IAA, (c) section 12IAB, (d) section 12IB, (e) section 12ID, 25 (e) section 12IE, and (f) section 12IF. 12IJ HIS: monitoring and review of common staffing method (1) In respect of each type of health care mentioned in section 12IC, HIS must monitor— 30 (a) the effectiveness of the common staffing method described in section 12IB(2), and (b) the way in which Health Boards, relevant Special Health Boards and the Agency are using the common staffing method. (2) In exercising the duty imposed by subsection (1), HIS must from time to time 35 as it considers appropriate carry out reviews of the matters listed in subsection (1)(a) and (b). (3) In carrying out such a review, HIS must— (a) consult— (i) the Scottish Ministers, Health and Care (Staffing) (Scotland) Bill 17 Part 2—Staffing in the NHS (ii) Social Care and Social Work Improvement Scotland, (iii) every Health Board, (iv) every relevant Special Health Board, (v) every integration authority, 5 (vi) the Agency, (vii) such trade unions and professional bodies as HIS considers to be representative of employees of the persons mentioned in sub- paragraphs (iii) to (vi), (viii) such professional regulatory bodies for employees of the persons 10 mentioned in sub-paragraphs (iii) to (vi) as HIS considers appropriate, (ix) such other providers of health care as HIS considers to have relevant experience of using staffing level tools and professional judgement tools, and 15 (x) such other persons as HIS considers appropriate, and (b) have regard to the guiding principles for health and care staffing set out in section 1 of the Health and Care (Staffing) (Scotland) Act 2019. (4) The Scottish Ministers may direct HIS to carry out a review under subsection (2). 20 (5) Following a review under subsection (2), HIS may recommend changes to the common staffing method to the Scottish Ministers. (6) Where HIS makes such recommendations it must submit to the Scottish Ministers, and then publish, a report setting out— (a) a summary of the review it has carried out under subsection (2), 25 (b) its recommendations for changes to the common staffing method, and (c) the reasons for those recommendations. (7) In recommending changes to the common staffing method, HIS may take into account the development of a new...