The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Smoking, Health and Social Care (Scotland) Act 2005, Cross Heading: Joint ventures is up to date with all changes known to be in force on or before 11 February 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(1)After section 84A of the 1978 Act, insert—
(1)The Scottish Ministers may do any (or all) of the following—
(a)form or participate in forming companies to provide facilities or services for persons or groups of persons exercising functions, or otherwise providing services, under this Act;
(b)participate in companies providing facilities or services for persons or groups of persons falling within paragraph (a);
(c)with a view to securing or facilitating the provision by companies of facilities or services for persons or groups of persons falling within paragraph (a)—
(i)invest in the companies (whether by acquiring assets, securities or rights or otherwise);
(ii)provide loans and guarantees and make other kinds of financial provision to or in respect of them.
(2)For the purpose of subsection (1), it is immaterial that the facilities or services provided or to be provided by a company are not provided or to be provided—
(a)only to persons or groups of persons exercising functions, or otherwise providing services, under this Act; or
(b)to such persons or groups of persons only in that capacity.
(3)In this section—
“companies” means companies within the meaning of the Companies Act 1985 (c. 6);
“facilities” includes the provision of (or the use of) premises, goods, equipment, materials, vehicles, plant or apparatus.”.
(2)After section 7(7B) of the Health and Medicines Act 1988 (c. 49) (powers of the Secretary of State for financing the health service), insert—
“(7C)The power specified in paragraph (g) of subsection (2) above includes power for the Scottish Ministers—
(a)to form or participate in forming companies,
(i)participate in companies,
(ii)invest in companies (whether by acquiring assets, securities or rights or otherwise),
(iii)provide loans and guarantees and make other kinds of financial provision to or in respect of companies,
where it appears to them that to do so is calculated to facilitate, or to be conducive or incidental to, the exercise of any power conferred by that subsection.
(7D)In subsection (7C) above “companies” means companies within the meaning of the Companies Act 1985; and that subsection is without prejudice to the generality of subsection (2) above.”.
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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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