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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)


The Health Act 1999 (Commencement No. 4) Order 1999


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.


Authorised to sign by the Scottish Ministers

St Andrew’s House,


29th September 1999

Article 2


Column 1Column 2
Provision of the ActSubject Matter
Section 45Repeal of law about fundholding practices
Section 46Establishment orders
Section 47Directions as to delegation of functions
Section 48Constitution of NHS trust boards
Section 49Duties of NHS trusts
Section 50Transfer of staff among health service bodies
Section 51Duty of quality
Section 52Expenditure of Health Boards and other bodies
Section 53Public dividend capital
Section 54Existing NHS trusts: conversion of initial loan
Section 55Borrowing
Section 57Remuneration for Part II services
Section 62Regulations and orders
Section 63Supplementary and consequential provision, etc
Section 64Interpretation
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


ChapterShort TitleExtent of repeal
1966 c. 8The National Health Service Act 1966Section 10.
1973 c. 65The Local Government (Scotland) Act 1973In 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. 29The National Health Service (Scotland) Act 1978Section 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. 42The Hospital Complaints Procedure Act 1985In 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. 46The Health Service Commissioners Act 1993Section 3(1B). In section 19, the definitions of “allotted sum” and“recocognised fund holding practice”.
1997 c. 46The National Health Service (Primary Care) Act 1997Section 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:

ProvisionDate of CommencementS.I. No.
s.1 as to England1.10.991999/2540
s.2 as to England
s.3 as to England1.4.001999/2342
s.4 as to England
s.5 as to England (partially)4.1.001999/2342
s.6(1) as to England4.1.001999/2342
s.7 as to England4.1.001999/2342
s.8 as to England1.9.991999/2342
s.11 as to England (partially)1.9.991999/2342
s.12 as to England
s.13 as to England1.10.991999/2540
s.14 as to England1.10.991999/2540
s.15 to 17 as to England1.9.991999/2342
s.33(1) to (6) (partially)1.9.991999/2177
s.34 (partially)3.8.991999/2177
s.36 (partially)3.8.991999/2177
s.37 (partially)3.8.991999/2177
(1) to (9) (remainder)1.11.991999/2177
s.38(6) (partially)3.8.991999/2177
s.42 to 44 as to England and Wales1.10.991999/2540
s.62 (partially)3.8.991999/2177
s.63 (partially)3.8.991999/2177
s.64 (partially)3.8.991999/2177
s.65(1) (partially)1.9.991999/2342
as to England and Wales
as to England and Wales
as to England and Wales1.10.991999/2540
s.65(2) as to England and Wales1.10.991999/2540
Schedule 1 (partially)8.9.991999/2342
Schedule 4 as to England (unless otherwise specified)–
paragraphs 1 and 34.1.001999/2342
paragraph 4 (partially)1.9.991999/2342
paragraph 54.1.001999/2342
paragraph 61.9.991999/2342
paragraph 74.1.001999/2342
paragraph 8 (partially)1.10.991999/2540
paragraph 9 (partially)1.9.991999/2342
paragraphs 10 and 114.1.001999/2342
paragraph 12 (partially)1.9.991999/2342
paragraphs 13 and 234.1.001999/2342
paragraph 151.10.991999/2540
paragraph 164.1.001999/2540
paragraph 241.9.991999/2342
paragraph 254.1.001999/2342
paragraph 261.9.991999/2342
paragraph 27 (partially)4.1.001999/2342
paragraph 27(a) (partially)1.10.991999/2540
paragraphs 28 and 294.1.001999/2342
paragraph 30 (partially)1.9.991999/2342
paragraph 31 (partially)1.9.991999/2342
paragraph 321.9.991999/2342
paragraph 331.4.001999/2342
paragraph 34 (partially)1.9.991999/2342
paragraph 351.4.001999/2342
paragraph 37 (partially)1.9.991999/2342
paragraph 38 (partially)1.9.991999/2342
paragraph 391.9.991999/2342
paragraph 404.1.001999/2342
paragraph 71 (partially)4.1.001999/2342
paragraph 71 (remainder)1.10.991999/2540
paragraph 73 as to England and Wales1.4.001999/2342
paragraph 74 (partially)1.9.991999/2342
as to England and Wales (partially)4.1.001999/2342
as to England and Wales (partially)1.4.001999/2342
paragraph 751.9.991999/2342
paragraph 76 (partially)1.9.991999/2342
as to England and Wales (partially)4.1.001999/2342
paragraphs 77, 78 and 794.1.001999/2342
paragraph 81 (partially)4.1.001999/2342
paragraph 82 as to England and Wales1.4.001999/2342
paragraph 83 (partially)1.9.991999/2342
paragraph 83 (partially)1.10.991999/2540
paragraph 841.9.991999/2342
paragraph 85 as to England and Wales (partially)4.1.001999/2342
paragraph 85 (partially)1.10.991999/2540
paragraph 86 as to England and Wales1.4.001999/2342
paragraph 86 (partially)1.10.991999/2540
paragraph 874.1.001999/2342
paragraph 88 (partially)1.9.991999/2342
paragraph 88 (partially)1.10.991999/2540
paragraph 894.1.001999/2342
paragraph 901.10.991999/2540
Schedule 5 (partially)1.10.991999/2540

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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