Health and Care (Staffing) (Scotland) Bill 13 Part 2—Staffing in the NHS 12IE Reporting on staffing (1) Before the end of the period of 1 month beginning with the last day of each financial year, every Health Board and the Agency must publish, and submit to the Scottish Ministers, a report setting out how during that financial year it has 5 carried out its duties under— (a) section 12IA (including reference to the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles in health care staffing and planning), (aa) section 12IAA, 10 (ab) section 12IAB, (ac) section 12IABA, (ad) section 12IABB, (ae) section 12IAD, (af) section 12IAE, 15 (b) section 12IB, and (c) section 12ID. (2) Following the receipt of such reports from every Health Board and the Agency and before the beginning of the next financial year, the Scottish Ministers must— 20 (a) collate the reports submitted to them under subsection (1) into a combined report for the year to which the reports relate, (b) lay that combined report before the Scottish Parliament, and (c) lay an accompanying statement setting out how they have taken into account and plan to take into account, in their policies for the staffing of 25 the health service, the information included in the combined report. (3) Information provided under subsection (1) must set out— (a) whether each Health Board or the Agency has faced any challenges or risk in carrying out its duties under— (i) section 12IA (including reference to the related duties under 30 section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles in health care staffing and planning), (ii) section 12IB, and (iii) section 12ID, and 35 (b) the steps the Health Board or the Agency will take to address such challenges. (4) As soon as reasonably practicable after the end of each financial year, the Scottish Ministers must publish a report (in such manner as they consider appropriate) setting out how each Health Board and the Agency has carried out 40 its duties under— 14 Health and Care (Staffing) (Scotland) Bill Part 2—Staffing in the NHS (a) section 12IA (including reference to the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles in health care staffing and planning), (b) section 12IB, and 5 (c) section 12ID. (5) A report under subsection (4) must set out— (a) whether the Scottish Ministers have identified any challenges or risk faced by the Health Board or the Agency in carrying out its duties under— 10 (i) section 12IA (including reference to the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles in health care staffing and planning), (ii) section 12IB, and 15 (iii) section 12ID, and (b) the steps that the Scottish Ministers will take as a result. (6) The Scottish Ministers must lay before the Parliament— (a) a summary and evaluation of the information submitted to them under subsection (1), and 20 (b) a report under subsection (4). 12IF Ministerial guidance on staffing (1) Every Health Board and the Agency must have regard to any guidance issued by the Scottish Ministers about the carrying out of its duties under sections 12IA to 12IE. 25 (2) Such guidance may, in particular, include provision about— (a) the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles in health care staffing and planning, and (b) the use of the common staffing method, including— 30 (i) each of the steps described in paragraphs (a) to (ca) of section 12IB(2), and (ii) decision-making, under paragraph (d) of that subsection, about staffing establishment and about the way in which health care is provided, and 35 (c) procedures for the identification, mitigation and escalation of risks caused by staffing levels in arrangements put in place under sections 12IAA and to 12IABA. (3) Before issuing such guidance, the Scottish Ministers must consult— (a) every Health Board, 40 (b) every relevant Special Health Board, Health and Care (Staffing) (Scotland) Bill 15 Part 2—Staffing in the NHS (c) every integration authority (within the meaning of section 59 of the Public Bodies (Joint Working) (Scotland) Act 2014), (d) HIS, (e) the Agency, 5 (f) such trade unions and professional bodies as they consider to be representative of employees of the persons mentioned in paragraphs (a) to (e), (fa) such professional regulatory bodies for employees of the persons mentioned in paragraphs (a) to (e) as they consider appropriate, and 10 (g) such other persons as they consider appropriate. (4) The Scottish Ministers must publish any guidance issued under this section. 12IG Interpretation of sections 12H to 12IF In sections 12H to 12IF— “appropriate clinical advice” means advice obtained from the appropriate 15 level and area of clinical professional structures depending on the particular circumstances of each case (for example from an individual holding a senior executive role in the provision of nursing services), “employee” means an individual in paid employment by, as the case may be, a Health Board, the Agency or (where an integration scheme under 20 Part 1 of the Public Bodies (Joint Working) (Scotland) Act 2014 applies) a local authority, whether under a contract of service or apprenticeship or under a contract for services, “health care” means a service for or in connection with the prevention, diagnosis or treatment of illness, 25 “relevant Special Health Board” means a Special Health Board which is required, by virtue of an order made under section 2, to comply with any of the duties imposed by sections 12IA to 12IF.”. (3) Section 12H(3) is repealed. (4) In section 105(3) (orders, regulations and directions), after “section 10Z7” insert “, 30 section 12IB(4), section 12IC(3)”. 5 Application of duties to certain Special Health Boards (1) The State Hospitals Board for Scotland Order 1995 (S.I. 1995/574) is amended in accordance with subsections (2) and (3). (2) 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 (ic) after the entry inserted by sub-paragraph (ib), insert “Section 12IABA”, 16 Health and Care (Staffing) (Scotland) Bill Part 2—Staffing in the NHS (id) after the entry inserted by sub-paragraph (ic), insert “Section 12IABB”, (ie) after the entry inserted by sub-paragraph (id), insert “Section 12IAD”, (if) after the entry inserted by sub-paragraph (ie), insert “Section 12IAE”, (ii) after the entry inserted by sub-paragraph (if), insert “Section 12IB”, 5 (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...