LegalizeThe Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No. 6) Order 2010
Made: 10th May 2010
The Scottish Ministers make the following Order in exercise of the powers conferred by sections40(1) and 43(3) and (4) of the Smoking, Health and Social Care (Scotland) Act 2005[^f00001].
Citation and interpretation
1
This Order may be cited as the Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No.6) Order 2010.
2
In this Order—
- “the Act” means the Smoking, Health and Social Care (Scotland) Act 2005; and
- “the 1978 Act” means the National Health Service (Scotland) Act 1978[^f00002].
Appointed days
3
The days appointed for the coming into force of the following provisions of the Act are:—
- (a) 20thMay 2010 for the provisions of the Act specified in column1 of Schedule1 to this Order but, those provisions shall only come into force on that date for the purpose specified in column3 of that Schedule; and
- (b) 2ndJuly 2010 for the provisions of the Act specified;
- (i) in column1 of Schedule 2 to this Order, in so far as those provisions are not already in force, but, where a particular purpose is specified in column3 of that Schedule in relation to that provision, that provision shall only come into force for the purpose specified in that column; and
- (ii) in the Table of Repeals in Schedule 2.
SCHEDULE 1 — Provision of the Act coming into force on 20th May 2010
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provision of the Act | Subject matter | Purpose |
| Section 15 | Arrangements for the provision of general dental services | Only for the purpose of enabling the Scottish Ministers to make regulations under the amended section25(1) and substituted sections 25(2), (2A) and (2B) of the 1978 Act. |
| Section17 | Lists of persons undertaking to provide or approved to assist in the provision of general dental services | Only for the purpose of enabling the Scottish Ministers to make regulations under the amended section 25(1) and the substituted section25(2), (2A) and (2B) of the 1978 Act. |
SCHEDULE 2 — Provisions of the Act coming into force on 2nd July 2010
| Column 1 Provision of the Act | Column 2 Subject matter | Column 3 Purpose |
|---|---|---|
| Section 15 | Arrangements for the provision of general dental services | |
| Section 17 | Lists of persons undertaking to provide or approved to assist in the provision of general dental services | |
| Section26(2)(c)(ii) | Disqualification by the NHS Tribunal | Only for the purpose of substitution of section29(6)(b) of the 1978 Act. |
| Section26(2)(e)(ii) | Disqualification by the NHS Tribunal | For the purpose of substituting in section29(8) of the 1978 Act, for paragraph(c) the new paragraph(c). |
| Section26(3)(b) | Disqualification by the NHS Tribunal | |
| Section26(3)(c) | Disqualification by the NHS Tribunal | Only for purposes in relation to the list referred to in section29(8)(c) of the 1978 Act. |
| Section42(1) and (2) | Minor and consequential amendments and repeals | Only for the purposes of bringing into force the provisions of schedules2 and 3 to the Act specified in this Schedule. |
| Schedule2, paragraph2(3), (16) and (19)(b), and paragraph 3(c) | Minor and consequential amendments | |
| Schedule2, paragraph2(15) | Minor and consequential amendments | Only for the purpose of substituting for the words from “any list” to the end of paragraph(c) in section33 of the 1978 Act. |
| Schedule3 | Repeals | Only for the purposes of bringing into force the repeals specified in the table in this Schedule. |
| Enactment | Extent of repeal | |
| --- | --- | |
| National Health Service (Scotland) Act 1978 (c.29). | In Schedule 8, paragraph 8(2A) | |
| National Health Service and Community Care Act 1990 (c.19) | Section 40 and in schedule 9, paragraph 19(6) |
Signed
SHONA ROBISON — Authorised to sign by the Scottish Ministers — 10th May 2010
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order brings into force further provisions of the Smoking, Health and Social Care (Scotland) Act 2005 (asp13) (“the Act”).
Article3(a) appoints 20thMay 2010 as the day for the coming into force of sections15 (arrangements for the provision of general dental services) and 17 (lists of persons undertaking to provide or approved to assist in the provision of general dental services) of the Act, but only for the purpose of making regulations under the National Health Service (Scotland) Act 1978 (“the 1978 Act”).
Article3(b) appoints 2nd July 2010 as the day for the coming into force of the remainder of sections15 and 17, and for bringing into force section26(3)(b) and schedule2, paragraphs2(3), (16) and 19(b), and 3(c) (minor and consequential amendments) to, the Act.
Article3(b) also appoints 2nd July 2010 as the day for the coming into force of section26(2)(c)(ii) and (e)(ii), 26(3)(c), sections42(1) and (2) (bringing into force provisions in schedule2) and schedule2, paragraph15 of the Act, but only for the purposes specified in column3 of Schedule2. The purposes specified in column3 of Schedule2 relate to the amendments made by section17 of the Act to section25(2) of the Act relating to the lists to be prepared and maintained by Health Boards of persons undertaking to provide or approved to assist in the provision of general dental services, or in the case of section42 to the commencement of the commenced paragraphs of schedule2 and 3 that are introduced by that section.
Article3(b) also brings into force on 2nd July 2010 schedule 3 of the Act but only for the purpose of the repeals specified in the table to Schedule 2.
Footnotes
[^f00001]: 2005 asp13.
[^f00002]: 1978 c.29.
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