The Community Care and Health (Scotland) Act 2002 (Savings) Order 2004

Citation and commencement

1.  This Order may be cited as the Community Care and Health (Scotland) Act 2002 (Savings) Order 2004 and shall come into force on 4th March 2004.

Interpretation

2.  In this Order–

“the 1978 Act” means the National Health Service (Scotland) Act 1978(1);

“the 1997 Act” means the National Health Service (Primary Care) Act 1997(2);

“the 2002 Act” means the Community Care and Health (Scotland) Act 2002;

“the 2004 Order” means the Community Care and Health (Scotland) Act 2002 (Commencement No. 3) Order 2004(3); and

“the Tribunal” means the Tribunal constituted in accordance with section 29 (disqualification of persons providing services) of the 1978 Act.

Saving provision in consequence of the 2002 Act

3.—(1) In relation to any representations made to the Tribunal under paragraph 3 of Schedule 1 (preferential treatment on transferring to medical lists) to the 1997 Act before 4th March 2004, the provisions of paragraphs 3(1) and 4(1) of Schedule 1 to the 1997 Act shall continue to have effect on and after that date as if section 19 (representations against preferential treatment) of the 2002 Act had not been brought into force by article 2 of the 2004 Order.

(2) In relation to any representations made to the Tribunal under section 29 (disqualification of persons providing services) of the 1978 Act before 4th March 2004 the provisions of sections 29, 32A (applications for interim suspension) and 32B (continuation of suspension pending appeal) of the 1978 Act shall continue to have effect on and after that date as if–

(a) on 4th March 2004, paragraph 2(4)(a), (b)(i) and (iii), 9(c), and (10) of schedule 2 to the 2002 Act; and

(b) on 1st April 2004, so far as not already in force, paragraph 2(4) and (9) of schedule 2 to the 2002 Act,

had not been brought into force by article 2 of the 2004 Order.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

30th January 2004