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Smoking, Health and Social Care (Scotland) Act 2005

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Smoking, Health and Social Care (Scotland) Act 2005. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

    1. Part 1: Smoking: Prohibition and Control

      1. Section 1 – Offence of permitting others to smoke in no-smoking premises

      2. Section 2 – Offence of smoking in no-smoking premises

      3. Section 3 – Display of warning notices in and on no-smoking premises

      4. Section 4 – Meaning of “smoke” and “no-smoking premises”

      5. Section 5 – Proceeding for offences under sections 1 to 3

      6. Section 6 – Fixed penalties

      7. Section 7 – Powers to enter and require identification

      8. Section 8 – Bodies corporate etc.

      9. Section 9 – Sale of tobacco to under-age persons: variation of age limit

      10. Section 10 – Crown application

    2. Part 2: General Dental Services, General Ophthalmic Services and Personal Dental Services

      1. Section 11 – Detection of vision problems in children

      2. Section 12 – Free oral health assessments and dental examinations

      3. Section 13 – Free eye examinations and sight tests

      4. Section 14 – Charges for certain dental appliances and general dental services

      5. Section 15 – Arrangements for provision of general dental services

      6. Section 16 – Assistance and support: general dental services

      7. Section 17 – Lists of persons undertaking to provide or approved to assist in the provision of general dental services

      8. Section 18 – Lists of persons performing personal dental services under section 17C arrangements or pilot schemes

      9. Section 19 – Lists of persons undertaking to provide or approved to assist in the provision of general ophthalmic services

    3. Part 3: Pharmaceutical Care Services Etc.

      1. Section 20 – Health Boards’ functions: provision and planning of pharmaceutical care services

        1. New section 2CA – Functions of Health Boards: pharmaceutical care services

        2. New section 2CB – Functions of Health Boards: planning of pharmaceutical care services

      2. Section 21 – Pharmaceutical care services contracts

      3. Section 22 – Drug Tariff

      4. Section 23 – Persons performing pharmaceutical care services

      5. Section 24 – Assistance and support: primary medical services and pharmaceutical care services

    4. Part 4: Provision of Services under Nhs Contracts

      1. Section 25 – Provision of certain services under NHS contracts

    5. Part 5: Discipline

      1. Section 26 – Disqualification by the NHS Tribunal

      2. Section 27 – Corresponding provision in England or Wales or Northern Ireland

    6. Infection With Hepatitis C as a Result of Nhs Treatment Etc.

      Part 6: Miscellaneous

      1. Section 28 – Payments to certain persons infected with hepatitis C as a result of NHS treatment etc.

  3. Amendment of Regulation of Care (Scotland) Act 2001

    1. Section 29 – Independent health care services

    2. Section 30 – Implementation of certain decisions under the 2001 Act

    3. Section 31 – Frequency of inspection of care services under the 2001 Act

    4. Section 32 – Provision of information to the Scottish Social Services Council

  4. Child Care Agencies and Housing Support Services

    1. Section 33 – Registration of child care agencies and housing support services

    2. Section 34 – Grants in respect of housing support services

  5. Authorisation of Medical Treatment

    1. Section 35 – Amendment of Adults with Incapacity (Scotland) Act 2000: authorisation of medical treatment

  6. Appeals under Public Health (Scotland) Act 1897

    1. Section 36 – Amendment of Public Health (Scotland) Act 1897 : appeal against certain orders etc.

  7. Joint Ventures

    1. Section 37 – Joint ventures

  8. Scottish Hospital Endowments Research Trust

    1. Section 38 – Scottish Hospital Endowments Research Trust

    2. Part 7: General

      1. Section 39 – Ancillary provisions

      2. Section 40 – Regulations or orders

      3. Section 41 – Interpretation

      4. Section 42 – Minor and consequential amendments and repeals

      5. Section 43 – Short title and commencement

    3. Schedule 1 - Fixed Penalty for Offences under Sections 1, 2 and 3

    4. Schedule 2 – Minor and Consequential Amendments

    5. Schedule 3 - Repeals

      1. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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