LegalizeThe Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 2) Order 2010
Made: 25th October 2010
The Scottish Ministers make the following Order in exercise of the powers conferred by sections40(2) and 43(3) of the Tobacco and Primary Medical Services (Scotland) Act 2010[^f00001].
Citation and interpretation
1
- (1) This Order may be cited as the Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No.2) Order 2010.
- (2) In this Order—
- “the 2010 Act” means the Tobacco and Primary Medical Services (Scotland) Act 2010;
- “the 1978 Act” means the National Health Service (Scotland) Act 1978[^f00002].
Appointed days
2
The days appointed for the coming into force of the following provisions of the 2010 Act are:—
- (a) 8th November 2010 for the provisions specified in column 1 of the table in Schedule 1 to this Order (the subject matter of which is specified in column 2 of that table) but those provisions come into force on that date only for the purpose specified in column 3 of that table;
- (b) 22nd December 2010 for the provisions specified in column1 of the table in Schedule 2 to this Order (the subject matter of which is specified in column 2 of that table), in so far as those provisions are not already in force.
SCHEDULE 1 — Provisions of the 2010 Act coming into force on 8thNovember 2010
| Column 1 Provision of the Act | Column 2 Subject matter | Column 3 Purpose |
|---|---|---|
| Section 38 | Section 17C arrangements: persons with whom agreements can be made | Only for the purpose of enabling the Scottish Ministers to make regulations under the inserted section 17CA(1), (5), (6) and (7) of the 1978 Act. |
| Section 39 | Eligibility to be contractor under general medical services contract | Only for the purpose of enabling the Scottish Ministers to make regulations under the substituted section 17L(1), (5), (6) and (7) of the 1978 Act. |
SCHEDULE 2 — Provisions of the 2010 Act coming into force on 22ndDecember 2010
| Column 1 Provision of the Act | Column 2 Subject matter |
|---|---|
| Section 37 | Contractual arrangements for the provision of primary medical services |
| Section 38 | Section 17C arrangements: persons with whom agreements can be made |
| Section 39 | Eligibility to be contractor under general medical services contract |
Signed
NICOLA STURGEON — A member of the Scottish Executive — 25th October 2010
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
Sections40, 41, 42 and 43 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (“the 2010 Act”) came into force on Royal Assent.
The commencement of section41 which gave effect to Schedule2 to the 2010 Act must be read subject to the Tobacco and Primary Medical Services (Scotland) Act 2010 (Ancillary Provisions) Order 2010 (S.S.I.2010/77) (“the Ancillary Order”) which provides that the modifications in that Schedule shall not take effect until the coming into force for all purposes of specified sections of the 2010 Act.
This Order brings into force the provisions in Part 2 of the 2010 Act.
Article 2 (a) and Schedule 1 to this Order set out a table specifying that sections 38 and 39 of the 2010 Act are to come into force on 8th November 2010 but only for the limited purpose of allowing Scottish Ministers to exercise a power to make subordinate legislation. Article 2(b) and Schedule 2 to this Order set out a further table specifying that sections 37, 38 and 39 of the 2010 Act are to come into force on 22ndDecember 2010 to the extent that they are not already in force.
In terms of the Ancillary Order, section 17D of the 1978 Act is amended as specified in paragraph 6 of Schedule 2 to the 2010 Act on the coming into force for all purposes of section 38 of the 2010 Act on 22nd December 2010. Similarly, paragraph(c) of section 2(3) of the Primary Medical Services (Scotland) Act 2004 is repealed as specified in paragraph7 of that Schedule on the coming into force for all purposes of section 38 of the 2010 Act on 22nd December 2010.
Footnotes
[^f00001]: 2010 asp3.
[^f00002]: 1978 c.29.
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