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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:
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Smoking, Health and Social Care (Scotland) Act 2005, Section 23 is up to date with all changes known to be in force on or before 08 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:
After section 17W of the 1978 Act (as inserted by section 22 above), insert—
(1)Regulations may provide that a registered pharmacist may not perform any pharmaceutical care service which a Health Board is, under section 2CA(1), under a duty to provide or secure the provision of unless that pharmacist is included in a list maintained under the regulations by the Health Board.
(2)Regulations under subsection (1) may make provision in relation to such lists and in particular as to—
(a)the preparation, maintenance and publication of a list;
(b)eligibility for inclusion in a list;
(c)applications for inclusion (including provision for the procedure for applications to be made and dealt with and documents to be supplied on application);
(d)the grounds on which an application for inclusion must be granted or refused;
(e)requirements with which a person included in a list must comply (including requirements as to standards of performance and patient care and as to declarations, consents or undertakings);
(f)suspension or removal from a list (including the grounds for and consequences of suspension or removal);
(g)circumstances in which a person included in a list may not withdraw from it;
(h)payments to be made by a Health Board in respect of a person suspended from the list (including provision for the amount of, or the method of calculating, the payment to be determined by the Scottish Ministers);
(i)criteria to be applied in making decisions under the regulations;
(j)disclosure of information about applicants for inclusion, refusals of applications, or suspensions, removals or references to the Tribunal.
(3)Regulations making provision as to the matters referred to in subsection (2)(j) may in particular authorise the disclosure of information—
(a)by a Health Board to the Scottish Ministers; and
(b)by the Scottish Ministers to a Health Board.”.
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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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