P ART 2 S TAFFING IN THE NHS 4 NHS duties in relation to staffing 35 (1) The National Health Service (Scotland) Act 1978 is amended as follows. (2) After section 12I insert— “Staffing 12IA Duty to ensure appropriate staffing 4 Health and Care (Staffing) (Scotland) Bill Part 2—Staffing in the NHS (1) It is the duty of every Health Board and the Agency to ensure that at all times suitably qualified and competent individuals, from such a range of professional disciplines as necessary, are working in such numbers as are appropriate for— (a) the health, wellbeing and safety of patients, 5 (b) the provision of safe and high-quality health care, and (c) in so far as it affects either of those matters, the wellbeing of staff. (2) In determining what, in a particular kind of health care provision, constitutes appropriate numbers for the purposes of subsection (1), regard is to be had to— (a) the nature of the particular kind of health care provision, 10 (b) the local context in which it is being provided, (c) the number of patients being provided it, (d) the needs of patients being provided it, and (e) appropriate clinical advice. 12IAZA Duty to ensure appropriate staffing: agency workers 15 (1) Where, in order to comply with the duty under section 12IA, a Health Board, a relevant Special Health Board or the Agency secures the services of an agency worker (within the meaning of the Agency Workers Regulations 2010), it must comply with subsection (2). (2) Subject to subsection (3), the amount to be paid to secure the services of that 20 worker during a period should not exceed 150% of the amount that would be paid to a full-time equivalent employee of the Health Board, relevant Special Health Board or the Agency to fill the equivalent post for the same period. (3) Where, despite subsection (2), in a quarterly reporting period a Health Board, relevant Special Health Board or the Agency does pay an amount higher than 25 the amount prescribed in subsection (2), it must report to the Scottish Ministers, as soon as practicable after the end of that period— (a) the number of occasions in that period on which it has paid an amount higher than the amount prescribed in subsection (2), (b) the amount paid on each such occasion (expressed as a percentage of the 30 amount that would be paid to a full-time equivalent employee of the Health Board, relevant Special Health Board or the Agency to fill the equivalent post for the same period) and, (c) the circumstances that have required the higher amount to be paid. (4) In subsection (3), “quarterly reporting period” means— 35 (a) the period from the day that the Bill for the Health and Care (Staffing) (Scotland) Act 2019 receives Royal Assent to whichever of 31 March...