LegalizeThe Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Commencement No. 2) Regulations 2017
Made: 12th September 2017
Laid before the Scottish Parliament: 14th September 2017
Coming into force: 1st October 2017
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 36(2) and (3) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016[^f00001].
Citation and commencement
1
These Regulations may be cited as the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Commencement No. 2) Regulations 2017 and come into force on 1st October 2017.
Appointed day
2
- (1) Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 specified in column 1 of the schedule (the subject matter of which is described in column 2 of the schedule) is 1st October 2017.
- (2) Where a purpose is specified in column 3 of that schedule, a provision mentioned in column 1 comes into force in accordance with paragraph (1) only for that purpose.
SCHEDULE
| Column 1 Provisions of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 | Column 2 Subject matter | Column 3 Purpose |
|---|---|---|
| Section 21 | Incident which activates duty of candour procedure | Only for the purpose of enabling regulations to be made. |
| Section 22 | Duty of candour procedure | Only for the purpose of enabling regulations to be made. |
| Section 23 | Apologies | Only for the purpose of enabling regulations to be made under Part 2 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016. |
| Section 25(1) | Interpretation of Part 2 | Only for the purpose of enabling regulations to be made under Part 2 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016. |
| Section 26 | Care worker offence | |
| Section 27 | Care provider offence | |
| Section 28 | Meaning of “care worker” and “care provider” etc. | |
| Section 29 | Disclosure of conviction for offence under section 26 | |
| Section 30 | Power to order offence to be remedied or publicised | |
| Section 31 | Remedial and publicity orders: prosecutor’s right of appeal | |
| Section 32 | Penalty for ill-treatment and wilful neglect of mentally disordered person |
Signed
AILEEN CAMPBELL — Authorised to sign by the Scottish Ministers — 12th September 2017
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations bring into force provisions in Part 2 (duty of candour) and Part 3 (ill-treatment and wilful neglect) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (“the Act”) on 1st October 2017.
The Part 2 provisions are brought into force for the purpose of making regulations setting out the duty of candour procedure.
The whole of Part 3 is commenced.
Sections 34, 35, 36 and 37 of the Act came into force on 7th April 2016, which was the day after Royal Assent.
Footnotes
[^f00001]: 2016 asp 14.
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