LegalizeThe Public Health etc. (Scotland) Act 2008 (Commencement No. 3, Consequential Provisions and Revocation) Order 2009
Made: 17th November 2009
The Scottish Ministers make the following Order in exercise of the powers conferred by sections122(2) and 128(2) of the Public Health etc. (Scotland) Act 2008[^f00001].
Citation and interpretation
1
- (1) This Order may be cited as the Public Health etc. (Scotland) Act 2008 (Commencement No.3, Consequential Provisions and Revocation) Order 2009.
- (2) In this Order “the Act” means the Public Health etc. (Scotland) Act 2008.
Commencement of provisions of the Act and consequential repeal and revocation
2
- (1) The provision of the Act specified in column(1) of schedule1 (the subject matter of which is mentioned in column(2)) comes into force on 1stDecember 2009.
- (2) The amendment of the enactment specified in schedule2 comes into force on 1stDecember 2009.
- (3) The provisions of the Act specified in column(1) of schedule3 (the subject matter of each provision being mentioned in column(2)) come into force on 1stJanuary 2010.
- (4) The consequential repeal and revocation specified in schedule4 come into force on 1stJanuary 2010.
Revocation
3
Article3(d) of the Public Health etc. (Scotland) Act 2008 (Commencement No.2, Savings and Consequential Provisions) Order 2009[^f00002] is revoked on 1stDecember 2009.
SCHEDULE 1 — PROVISIONS OF THE ACT COMING INTO FORCE ON 1STDECEMBER 2009
| Column (1) | Column (2) |
|---|---|
| Provision of the Act | Subject matter |
| Part8, in so far as not already in force | Regulation of provision of sunbeds. |
SCHEDULE 2 — AMENDMENT TO ENACTMENT, COMING INTO FORCE ON 1STDECEMBER 2009
The Local Government, Planning and Land Act 1980
In section159(1)(b) of the Local Government, Planning and Land Act 1980, for “PartsII or V of the Public Health (Scotland) Act 1897 (which respectively make similar provision for Scotland)” substitute “Part5 of the Public Health etc. (Scotland) Act 2008 (public health functions of local authorities)”.
SCHEDULE 3 — PROVISIONS OF THE ACT COMING INTO FORCE ON 1STJANUARY 2010
| Column (1) | Column (2) |
|---|---|
| Provision of the Act | Subject matter |
| Part2 | Notifiable diseases, notifiable organisms and health risk states. |
| section126 in so far as it relates to the provisions of schedule3 mentioned below | Repeals, revocations and savings. |
| schedule 1 | List of notifiable diseases and notifiable organisms |
| Part1 of schedule3 in so far as it relates to the Public Health (Scotland) Act 1897 (c.38) section32, the Infectious Disease (Notification) Act 1889 (c.72), the Health Services and Public Health Act 1968 (c.46), section71A(a) and (c), the National Health Service (Scotland) Act 1972 (c.58) section53 | Repeals. |
| Part2 of schedule3 in so far as it relates to the National Health Service (Designated Medical Officers) (Scotland) Regulations 1974 (S.I.1974/470) and the Public Health (Notification of Infectious Diseases) (Scotland) Regulations 1988 (S.I. 1988/1550)[^f00003] | Revocations |
SCHEDULE 4 — CONSEQUENTIAL REPEAL AND REVOCATION COMING INTO FORCE ON 1STJANUARY 2010
PART 1 — CONSEQUENTIAL REPEAL
| Enactment | Extent of Repeal |
|---|---|
| Town and Country Planning (Scotland) Act 1997 (c.8) | Section275(7)(a) |
PART 2 — CONSEQUENTIAL REVOCATION
| Enactment | Extent of Repeal |
|---|---|
| Public Health (Notification of Infectious Diseases) (Scotland) Amendment Regulations 1989 (S.I.1989/2250) | The whole Regulations |
Signed
SHONA ROBISON — Authorised to sign by the Scottish Ministers — 17th November 2009
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order brings into force further provisions of the Public Health (etc.) Scotland Act 2008 (“the Act”.)
Article2(1) and schedule1 bring Part8 of the Act (regulation of provision of sunbeds) into force on 1stDecember 2009 in so far as it is not already in force.
Article2(2) and schedule2 make a consequential amendment to the Local Government, Planning and Land Act 1980. In consequence, a savings provision included in the Public Health etc. (Scotland) Act 2008 (Commencement No.2, Savings and Consequential Provisions) Order 2009 is revoked by article3 at the same time.
Article2(3) and schedule3 bring Part2 (notifiable diseases, notifiable organisms and health risk states) and Schedule1 (list of notifiable diseases and notifiable organisms) of the Act into force on 1stJanuary 2010, together with various repeals and revocations.
Article2(4) and schedule4 bring afurther repeal and revocation into force on 1stJanuary 2010. The repeal of section275(7)(a) of the Town and Country Planning (Scotland) Act 1997 is consequential on the repeal of section32 of the Public Health (Scotland) Act 1897. The Public Health (Notification of Infectious Diseases) (Scotland) Amendment Regulations 1989/2250 are revoked in consequence of the commencement of Part2 of the Act.
Footnotes
[^f00001]: 2008 asp5.
[^f00002]: S.S.I. 2009/319.
[^f00003]: Part2 of schedule3 to the Public Health Act 2008 wrongly cites the Public Health (Notification of Infectious Diseases) (Scotland) Regulations 1988 as S.I.1988/132. The correct number is S.I.1998/1550.
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