To ask the Scottish Executive, further to the answer to question S2W-27681 by Mr Andy Kerr on 29 August 2006, whether it will provide a copy of the assurance statements obtained from NHS board chief executives or directors of finance to confirm that boards are not generating income that is being used for purposes other than providing and maintaining car parking facilities.
NHS boards that charge for parkingare NHS Grampian, NHS Highland, NHS Tayside and NHS Lothian.
Assurance statements were receivedfrom all NHS boards who charge and were also received from NHS Ayrshire and Arran, NHS Borders,NHS Forth Valley, NHS Greater Glasgow and Clyde and NHSLanarkshire. The boards which did not respond to the request to confirm whetheror not they complied with HDL (2004) 19 were NHS Dumfries and Galloway, NHS Fife,NHS Orkney, NHS Shetland and NHS Western Isles. None of these boards charge forparking, and hence no follow up action was taken on assurance statements.
I will send, under separate cover,the nine assurance statements we have on file.
The assurance statements arenot deemed to be legally binding as they are statements of a state of affairs whereasthe term legally binding usually refers to an undertaking or commitment.
The Health Department Letter(HDL), as guidance, does not have the same legal effect as regulations or Directions.It is not mandatory but NHS boards are obliged to have regard to it and are generallyexpected to act in accordance with it.
No actions can be taken againstNHS boards as an action can only be taken if it can be established that the NHSboard has in fact breached a statutory duty and this is not the case in this instance.
The Scottish ministers can takeaction to terminate the appointments of the chairman and/or other members of theboard. As a last resort they could use the power in section 77 of the 1978 act tohold an inquiry and (if appropriate) make an order declaring the board to be indefault. The members of the board would have to vacate office and new appointmentswould be made. This power however could only be exercised if the board has failedto comply with any “regulations, schemes, proposals or directions”, not guidance.