Explanatory Notes

Health Boards (Membership and Elections) (Scotland) Act 2009

2009 asp 5

22 April 2009

Commentary on Sections

Section 4 – Pilot scheme

38.Subsection (1) provides that the Scottish Ministers may, by order, appoint a day on which sections 1 to 3 are to come into force in respect of the Health Board areas specified in the order. An order under this provision is known as a pilot order.

39.Subsection (2) provides that the Scottish Ministers may make one pilot order only, although this does not affect their power to modify or revoke the order.

40.Subsection (3) provides that the pilot order may bring sections 1 to 3 into force with such modifications as the Scottish Ministers consider appropriate.

41.Subsection (4) sets out that affirmative resolution procedure will apply to a pilot order (or order amending a pilot order) which adds to, replaces or omits any part of the text of sections 1 to 3 of the Act and to an order revoking the pilot order. Otherwise it will not be subject to any parliamentary procedure.