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The Health Act 1999 (Commencement No. 4) Order 1999
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Scottish Statutory Instruments
1999 No. 90 (C. 66)
NATIONAL HEALTH SERVICE
The Health Act 1999 (Commencement No. 4) Order 1999
Made
29th September1999
The Scottish Ministers, in exercise of the powers conferred on them bysection 67(1) of the Health Act 1999(1) and of all other powersenabling them in that behalf, hereby make the following Order:
Citation, interpretation and extent
1.—(1) This Order may be cited as the Health Act 1999 (Commencement No. 4)Order 1999.
(2) In this Order, “the Act” means the Health Act 1999.
(3) This Order extends to Scotland only.
Appointed day
2. 1st October 1999 is the day appointed for the coming into force of–
(a)the provisions specified in column 1 of Schedule 1 to this Order (whichrelate to the matters specified in column 2 of that Schedule);
(b)in Schedule 4 to the Act (amendments of enactments), paragraphs 1, 2,42, 43, 44, 45, 46, 47, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 70, 71,85(1), (3) and (4) and 88;
(c)the repeals in Schedule 5 to the Act as specified in Schedule 2 to thisOrder.
IAIN GRAY
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
29th September 1999
Article 2
SCHEDULE 1PROVISIONS OF THE ACT COMING INTO FORCE ON 1st OCTOBER 1999
| Column 1 | Column 2 |
|---|---|
| Provision of the Act | Subject Matter |
| Section 45 | Repeal of law about fundholding practices |
| Section 46 | Establishment orders |
| Section 47 | Directions as to delegation of functions |
| Section 48 | Constitution of NHS trust boards |
| Section 49 | Duties of NHS trusts |
| Section 50 | Transfer of staff among health service bodies |
| Section 51 | Duty of quality |
| Section 52 | Expenditure of Health Boards and other bodies |
| Section 53 | Public dividend capital |
| Section 54 | Existing NHS trusts: conversion of initial loan |
| Section 55 | Borrowing |
| Section 57 | Remuneration for Part II services |
| Section 62 | Regulations and orders |
| Section 63 | Supplementary and consequential provision, etc |
| Section 64 | Interpretation |
| Section 65 (so far as it relates to the provisions of Schedule 4 to theAct which are specified in Article 2(b) of this Order and the provisions ofSchedule 5 to the Act which are specified in Schedule 2 to this Order). | Amendments and repeals |
Article 2
SCHEDULE 2REPEALS IN SCHEDULE 5 TO THE ACT COMING INTO FORCE ON 1st OCTOBER 1999
| Chapter | Short Title | Extent of repeal |
|---|---|---|
| 1966 c. 8 | The National Health Service Act 1966 | Section 10. |
| 1973 c. 65 | The Local Government (Scotland) Act 1973 | In section 97, in paragraph (a) of subsection (2), sub-paragraph (iii),subsection (2A) and in subsection (2B) the definitions of “recognisedfund-holding practice” and “allotted sum”. |
| 1978 c. 29 | The National Health Service (Scotland) Act 1978 | Section 12E(5) and (6). |
| In section 17A, subsection (2)(d) and (j) and, in subsection (3),paragraph (a) and “and” following it. | ||
| Section 17E(4). | ||
| Section 86(1A), (1C) and (5). | ||
| Sections 87A to 87D. | ||
| In Schedule 7A, paragraph 6(2), in paragraph 16(c) the words from“which purposes shall include” to the end, in paragraph 22(1), “orHealth Authority” and, in paragraph (c), the words following “HealthBoard” and paragraph 23. | ||
| In Schedule 7B, paragraphs 1(3) to (5), 3(2) and 5(2). | ||
| In Schedule 16, paragraph 22 | ||
| 1985 c. 42 | The Hospital Complaints Procedure Act 1985 | In section 1, in subsection (1), the words from “under” to“functions)” and “for the management of” and, in subsection (1A),“for the management of”. |
| 1993 c. 46 | The Health Service Commissioners Act 1993 | Section 3(1B). In section 19, the definitions of “allotted sum” and“recocognised fund holding practice”. |
| 1997 c. 46 | The National Health Service (Primary Care) Act 1997 | Section 14Section 19. |
Explanatory Note
(This note is not part of the Order)
This Order brings into force, in relation to Scotland, certainprovisions of the Health Act 1999 (“the 1999 Act”).
The provisions which are brought into force on 1st October 1999 relateto the abolition of GP fund-holding practices (section 45), NHS trusts(sections 46 to 49), the transfer of staff among health service bodies(section 50), the placing of a duty of quality of care on the NHS inScotland (section 51), expenditure of the Health Boards and other bodies(section 52), NHS trust financial provisions (sections 53 to 55), andremuneration for services under Part II of the National Health Service(Scotland) Act 1978 (c. 29) (section 57). The Order also brings into forceon 1st October 1999 provisions which deal with regulations (section 62),supplementary and consequential provisions etc. (section 63) andinterpretation (section 64) and a number of amendments to enactments(specified in Schedule 4 to the 1999 Act) and repeals (specified inSchedule 5 to the 1999 Act).
Note as to Earlier Commencement Orders
(This Note is not part of the Order)
The following provisions of the Health Act 1999 have been, or are tobe, brought into force by commencement order made before the date of thisOrder:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| s.1 as to England | 1.10.99 | 1999/2540 |
| s.2 as to England | ||
| (partially) | 8.9.99 | 1999/2342 |
| (remainder) | 4.1.00 | 1999/2342 |
| s.3 as to England | 1.4.00 | 1999/2342 |
| s.4 as to England | ||
| (partially) | 1.9.99 | 1999/2342 |
| (remainder) | 1.4.00 | 1999/2342 |
| s.5 as to England (partially) | 4.1.00 | 1999/2342 |
| s.6(1) as to England | 4.1.00 | 1999/2342 |
| s.7 as to England | 4.1.00 | 1999/2342 |
| s.8 as to England | 1.9.99 | 1999/2342 |
| s.11 as to England (partially) | 1.9.99 | 1999/2342 |
| s.12 as to England | ||
| (partially) | 1.9.99 | 1999/2342 |
| (remainder) | 4.1.00 | 1999/2342 |
| s.13 as to England | 1.10.99 | 1999/2540 |
| s.14 as to England | 1.10.99 | 1999/2540 |
| s.15 to 17 as to England | 1.9.99 | 1999/2342 |
| s.33(1) to (6) (partially) | 1.9.99 | 1999/2177 |
| s.34 (partially) | 3.8.99 | 1999/2177 |
| (remainder) | 1.11.99 | 1999/2177 |
| s.36 (partially) | 3.8.99 | 1999/2177 |
| s.37 (partially) | 3.8.99 | 1999/2177 |
| (1) to (9) (remainder) | 1.11.99 | 1999/2177 |
| s.38(6) (partially) | 3.8.99 | 1999/2177 |
| (partially) | 1.9.99 | 1999/2177 |
| (partially) | 1.11.99 | 1999/2177 |
| s.42 to 44 as to England and Wales | 1.10.99 | 1999/2540 |
| s.62 (partially) | 3.8.99 | 1999/2177 |
| s.63 (partially) | 3.8.99 | 1999/2177 |
| s.64 (partially) | 3.8.99 | 1999/2177 |
| s.65(1) (partially) | 1.9.99 | 1999/2342 |
| as to England and Wales | ||
| (partially) | 4.1.00 | 1999/2342 |
| as to England and Wales | ||
| (partially) | 1.4.00 | 1999/2342 |
| as to England and Wales | 1.10.99 | 1999/2540 |
| (partially) | 4.1.00 | 1999/2540 |
| s.65(2) as to England and Wales | 1.10.99 | 1999/2540 |
| (partially) | ||
| Schedule 1 (partially) | 8.9.99 | 1999/2342 |
| (partially) | 4.1.00 | 1999/2342 |
| (remainder) | 1.4.00 | 1999/2342 |
| Schedule 4 as to England (unless otherwise specified)– | ||
| paragraphs 1 and 3 | 4.1.00 | 1999/2342 |
| paragraph 4 (partially) | 1.9.99 | 1999/2342 |
| (partially) | 4.1.00 | 1999/2342 |
| (partially) | 1.4.00 | 1999/2342 |
| paragraph 5 | 4.1.00 | 1999/2342 |
| paragraph 6 | 1.9.99 | 1999/2342 |
| paragraph 7 | 4.1.00 | 1999/2342 |
| paragraph 8 (partially) | 1.10.99 | 1999/2540 |
| paragraph 9 (partially) | 1.9.99 | 1999/2342 |
| (remainder) | 4.1.00 | 1999/2342 |
| paragraphs 10 and 11 | 4.1.00 | 1999/2342 |
| paragraph 12 (partially) | 1.9.99 | 1999/2342 |
| (remainder) | 4.1.00 | 1999/2342 |
| paragraphs 13 and 23 | 4.1.00 | 1999/2342 |
| paragraph 15 | 1.10.99 | 1999/2540 |
| paragraph 16 | 4.1.00 | 1999/2540 |
| paragraph 24 | 1.9.99 | 1999/2342 |
| paragraph 25 | 4.1.00 | 1999/2342 |
| paragraph 26 | 1.9.99 | 1999/2342 |
| paragraph 27 (partially) | 4.1.00 | 1999/2342 |
| paragraph 27(a) (partially) | 1.10.99 | 1999/2540 |
| paragraphs 28 and 29 | 4.1.00 | 1999/2342 |
| paragraph 30 (partially) | 1.9.99 | 1999/2342 |
| (remainder) | 4.1.00 | 1999/2342 |
| paragraph 31 (partially) | 1.9.99 | 1999/2342 |
| (remainder) | 1.4.00 | 1999/2342 |
| paragraph 32 | 1.9.99 | 1999/2342 |
| paragraph 33 | 1.4.00 | 1999/2342 |
| paragraph 34 (partially) | 1.9.99 | 1999/2342 |
| (remainder) | 4.1.00 | 1999/2342 |
| paragraph 35 | 1.4.00 | 1999/2342 |
| paragraph 37 (partially) | 1.9.99 | 1999/2342 |
| (remainder) | 4.1.00 | 1999/2342 |
| paragraph 38 (partially) | 1.9.99 | 1999/2342 |
| (remainder) | 4.1.00 | 1999/2342 |
| paragraph 39 | 1.9.99 | 1999/2342 |
| paragraph 40 | 4.1.00 | 1999/2342 |
| paragraph 71 (partially) | 4.1.00 | 1999/2342 |
| paragraph 71 (remainder) | 1.10.99 | 1999/2540 |
| paragraph 73 as to England and Wales | 1.4.00 | 1999/2342 |
| paragraph 74 (partially) | 1.9.99 | 1999/2342 |
| as to England and Wales (partially) | 4.1.00 | 1999/2342 |
| as to England and Wales (partially) | 1.4.00 | 1999/2342 |
| paragraph 75 | 1.9.99 | 1999/2342 |
| paragraph 76 (partially) | 1.9.99 | 1999/2342 |
| as to England and Wales (partially) | 4.1.00 | 1999/2342 |
| paragraphs 77, 78 and 79 | 4.1.00 | 1999/2342 |
| paragraph 81 (partially) | 4.1.00 | 1999/2342 |
| paragraph 82 as to England and Wales | 1.4.00 | 1999/2342 |
| paragraph 83 (partially) | 1.9.99 | 1999/2342 |
| (partially) | 4.1.00 | 1999/2342 |
| paragraph 83 (partially) | 1.10.99 | 1999/2540 |
| paragraph 84 | 1.9.99 | 1999/2342 |
| paragraph 85 as to England and Wales (partially) | 4.1.00 | 1999/2342 |
| paragraph 85 (partially) | 1.10.99 | 1999/2540 |
| paragraph 86 as to England and Wales | 1.4.00 | 1999/2342 |
| paragraph 86 (partially) | 1.10.99 | 1999/2540 |
| paragraph 87 | 4.1.00 | 1999/2342 |
| paragraph 88 (partially) | 1.9.99 | 1999/2342 |
| (partially) | 4.1.00 | 1999/2342 |
| paragraph 88 (partially) | 1.10.99 | 1999/2540 |
| paragraph 89 | 4.1.00 | 1999/2342 |
| paragraph 90 | 1.10.99 | 1999/2540 |
| Schedule 5 (partially) | 1.10.99 | 1999/2540 |
(1)
1999 c. 8. The functions of the Secretary of State weretransferred to the Scottish Ministers by virtue of section 53 of theScotland Act 1998 (c. 46)
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