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The Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No. 4) Order 2006

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Scottish Statutory Instruments

2006 No. 121 (C. 14)

NATIONAL HEALTH SERVICE

The Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No. 4) Order 2006

Made

6th March 2006

The Scottish Ministers, in exercise of the powers conferred by sections 40(1) and 43(3) and (4) of the Smoking, Health and Social Care (Scotland) Act 2005(1), hereby make the following Order:

Citation and interpretation

1.  This Order may be cited as the Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No. 4) Order 2006.

2.  In this Order–

the Act” means the Smoking, Health and Social Care (Scotland) Act 2005; and

“the 1978 Act” means the National Health Service (Scotland) Act 1978(2).

Appointed days

3.  The days appointed for the coming into force of the following provisions of the Act are:–

(a)7th March 2006 for the provisions of the Act specified in column 1 of Schedule 1 to this Order but, where a particular purpose is specified in column 3 of that Schedule in relation to that provision, that provision shall only come into force for the purpose specified in that column; and

(b)1st April 2006 for the provisions of the Act specified in column 1 of Schedule 2 to this Order, in so far as those provisions are not already in force, but, where a particular purpose is specified in column 3 of that Schedule in relation to that provision, that provision shall only come into force for the purpose specified in that column.

LEWIS MACDONALD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

6th March 2006

Article 3(a)

SCHEDULE 1Provisions of the Ac t coming into force on 7th March 2006

Column 1Column 2Column 3
Provision of the ActSubject matterPurpose
Section 12Free oral health assessments and dental examinationsOnly for the purpose of enabling the Scottish Ministers to make regulations under sections 70A(1) and 71 of the 1978 Act and section 20 of the National Health Service (Primary Care) Act 1997(3) to come into force not earlier than 1st April 2006.
Section 13Free eye examinations and sight testsOnly for the purpose of enabling the Scottish Ministers to make regulations under sections 26 and 70 of the 1978 Act to come into force not earlier than 1st April 2006.
Section 19Lists of persons undertaking to provide or approved to assist in the provision of general ophthalmic servicesOnly for the purpose of enabling the Scottish Ministers to make regulations under section 26(2), (2A) and (2B) of the 1978 Act to come into force not earlier than 1st April 2006.
Section 26Disqualification by the NHS TribunalOnly for the purpose of enabling the Scottish Ministers to make regulations under section 29(4)(b), 29A(5), 32 and 32A of the 1978 Act to come into force not earlier than 1st April 2006.
Section 27Corresponding provision in England, Wales and Northern IrelandOnly for the purpose of enabling the Scottish Ministers to make regulations under section 32D(3) of the 1978 Act to come into force not earlier than 1st April 2006.

Article 3(b)

SCHEDULE 2Provisions of the Act coming into force on 1st April 2006

Column 1Column 2Column 3
Provision of the ActSubject matterPurpose
Section 19Lists of persons undertaking to provide or approved to assist in the provision of general ophthalmic services
Section 26(1), (2)(a), (b), (c)(i), (d), (e)(i) and (f), (3)(a), (d) and (e), (4)(a) and (c), (5)(a), (6) and (7)(b)(ii) and (c)Disqualification by the NHS Tribunal
Section 26(2)(c)(ii)Only for the purpose of substituting in section 29(6) of the 1978 Act for the words from “list”, where it second occurs, to the end, the words “list – (a) in relation to a list referred to in subsection (8)(a), perform; and (b) in relation to the list referred to in subsection (8)(d), undertake to provide or are approved to assist in providing”.
Section 26(2)(e)(ii)Only for the purpose of substituting in section 29(8) of the 1978 Act for paragraphs (c) to (e) the new paragraph (d).
Section 26(3)(c)Only for the purpose of applying in relation to the list referred to in section 29(8)(d) of the 1978 Act.
Section 26(4)(b)Only for the purpose of substituting for section 29B(2) of the 1978 Act the new subsection (2)(a) and (b).
Section 26(7)(d)Only for the purpose of inserting section 26(7) of the 1978 Act enabling regulations to be made as regards section 26(2) of that Act.
Section 27Corresponding provision in England, Wales and Northern Ireland
Schedule 2, paragraph 2(5), (10) to (14) and (20)Minor and consequential Amendments
Schedule 3RepealsOnly for the purposes of bringing into force the repeals specified in the table in this Schedule.

TABLE

REPEALS

EnactmentExtent of repeal
National Health Service (Scotland) Act 1978 (c. 29)In section 29A, in subsection (5), the words “(including provision modifying the effect of this Part)”.
Section 29B(3).
In section 29B(4), the words “or declaration”.
In section 30(2), in paragraph (a) the words from “or” to the end of the paragraph, and the words from “, and, on a review” to the end of the subsection.
Section 30(4).
In section 30(5), the words from “and” to the end.
Section 30(6) and (7)(b) and (c) and the word “or” immediately preceding paragraph (b).
Section 31.
In section 32A, in subsection (3) paragraph (c) and the word “and” immediately preceding that paragraph and in subsection (6) paragraph (b) and the word “, and” immediately preceding that paragraph.
In section 32B, in each of subsections (1) and (2)(a) the word “national” and subsection (3).
Health and Social Security Act 1984 (c. 48)In Schedule 1, in Part II, paragraphs 2, 3 and 4.
Health Act 1999 (c. 8)Section 56(3) and (4).
In Schedule 4, paragraphs 49, 51(d) and (g), 52(c) and 53.
In Schedule 5, in the entry concerning section 32A of the 1978 Act, the words “and, in subsection (6)(a), “prepared under this Part of this Act””.
Community Care and Health (Scotland) Act 2002 (asp 5)In schedule 2, paragraphs 2(6)(c), (7), (8), (9)(b), (10)(b) and (11).
Primary Medical Services (Scotland) Act 2004 (asp 1)

Section 5(3)(a).

In the schedule, paragraph (11)(a) and (13).

Explanatory Note

(This note is not part of the Order)

This Order brings into force further provisions of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) (“the Act”).

Article 3(a) appoints 7th March 2006 as the day for the coming into force of sections 12 (free oral health assessments and dental examinations), 13 (free eye examinations and sight tests), 19 (lists of persons undertaking to provide or approved to assist in the provision of general ophthalmic services), 26 (disqualification by the NHS Tribunal) and 27 (corresponding provision in England, Wales and Northern Ireland) of the Act, but only for the purpose of making regulations under the National Health Service (Scotland) Act 1978 (“the 1978 Act”).

Article 3(b) appoints 1st April 2006 as the day for the coming into force of sections 19, (lists of persons undertaking to provide or approved to assist in the provision of general ophthalmic services), 26(1), (2)(a), (b), (c)(i), (d), (e)(i) and (f), (3)(a), (d) and (e), (4)(a) and (c), (5)(a), (6) and (7)(b)(ii) and (c) (disqualification by the NHS Tribunal) and 27 (corresponding provision in England, Wales and Northern Ireland) of, and schedule 2, paragraphs 2(5), (10) to (14) and (20) (minor and consequential amendments) to, the Act.

Article 3(b) also appoints 1st April 2006 as the day for the coming into force of section 26(2)(c)(ii) and (e)(ii), (4)(b) and (7)(d) but only for the purposes specified in column 3 of Schedule 2. The purposes specified in column 3 of Schedule 2 relate to the amendments made by section 19 of the Act to section 26(2) of the 1978 Act relating to the lists to be prepared and maintained by Health Boards of persons undertaking to provide or approved to assist in the provision of general ophthalmic services.

Article 3(b) also brings into force on 1st April 2006 the repeals specified in the table to Schedule 2.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement order made before the date of this Order:–

ProvisionDate of CommencementS.I. No.
Sections 11, 16, 28 to 32, 36 and 3717th October 20052005/492
Section 42(1) and (2) (partially)17th October 2005
Paragraphs 1 and 2(1) of schedule 217th October 2005
Schedule 3 (partially)17th October 2005
Sections 3(3) and 4(2), (3) and (7)1st November 20052005/492
Section 6 (partially)1st November 2005
Section 381st November 2005
Section 42(1) and (2) (partially)1st November 2005
Paragraphs 2, 4(1), 5(2) and 12 of schedule 1 (partially)1st November 2005
Paragraph 2(19)(a)(iv) of schedule 21st November 2005
Schedule 3 (partially)1st November 2005
Section 4(6), (8) and (9)16th December 20052005/642
Section 3519th December 20052005/492
Section 4 (partially)7th February 20062006/47

Sections 1 to 10 of, and schedule 1 to, the Act will be brought into force by S.S.I. 2005/492, in so far as not already in force, at 0600 hours on 26th March 2006. That Order also brings into force sections 12, 13 and 42(1) (partially) of, and paragraph 2(19)(a)(ii) of schedule 2 to, the Act on 1st April 2006.

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