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Draft Order laid before the Scottish Parliament under section 133(2) of the Public Services Reform (Scotland) Act 2010, for approval by resolution of the Scottish Parliament.

Draft Scottish Statutory Instruments

2011 No.

Social Care

Public Health

The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) (No. 2) Order 2011

Made

      

Coming into force in accordance with article 1

The Scottish Ministers make the following Order in exercise of the powers conferred on them by section 132 of the Public Services Reform (Scotland) Act 2010(1) and all other powers enabling them to do so.

In accordance with section 133(2)(2) of that Act a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.

Citation and Commencement

1.  This Order may be cited as the Public Services Reform (Scotland) Act 2010 (Consequential Modifications) (No. 2) Order 2011 and comes into force on the day after the day on which it was made.

Modifications to the Fire (Scotland) Act 2005

2.  Section 78(5) of the Fire (Scotland) Act 2005(3) (meaning of “relevant premises”) is amended as follows:—

(a)in paragraph (c) for “subsection 4” where it first appears, to the end, substitute “paragraph 3 of schedule 12 to the Public Services Reform (Scotland) Act 2010 except where the service is provided as mentioned in sub-paragraph (1)(c)(ii) of that paragraph;”;

(b)in paragraph (d) for “subsection (5) of that section” substitute “section 10F(1) (a) - (d) of the National Health Service (Scotland) Act 1978(4)”;

(c)in paragraph (e) for “subsection (9) of that section” substitute “paragraph 6 of schedule 12 to the Public Services Reform (Scotland) Act 2010”.

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

Date

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes consequential modifications to the Fire (Scotland) Act 2005 in connection with the commencement of Parts 5 and 6 of the Public Services Reform (Scotland) Act 2010.

(2)

Section 133 has been modified by the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), schedule 4, paragraph 3.

(3)

2005 asp 5. Section 78(5) was amended by the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), section 83, by the Housing (Scotland) Act 2006 (asp 1), schedule 6, paragraph 23 and schedule 7 and by S.S.I. 2011/211.

(4)

1978 c.29. Section 10(F) was inserted by the Public Services Reform (Scotland) Act 2010 (asp 8), section 108.