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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) (β€œthe 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 (β€œthe 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.