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The Public Health etc. (Scotland) Act 2008 (Commencement No. 2, Savings and Consequential Provisions) Order 2009

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Article 2(b)

SCHEDULE 2AMENDMENTS TO ENACTMENTS COMING INTO FORCE ON 1ST OCTOBER 2009

AMENDMENT OF PUBLIC GENERAL ACTS

The Public Health (Scotland) Act 1945

1.—(1) Until its repeal by Part 1 of schedule 3 to the 2008 Act, section 1 of the Public Health (Scotland) Act 1945(1) (power of Scottish Ministers to make regulations for treating persons with, and for preventing the spread of, disease) has effect as follows.

(2) In subsection (3), omit the words “or port local authorities”.

(3) In subsection (8)—

(a)in the definition of “authorised officer”—

(i)omit the words “or port local authority”; and

(ii)for “designated medical officer” substitute “health board competent person”;

(b)omit the definition of “port local authority”;

(c)after the definition of “coastal waters” insert—

the expression “health board competent person” means a person designated by a health board under section 3(1) of the Public Health etc. (Scotland) Act 2008;.

2.  Despite the repeal of the 1897 Act by Part 3 of schedule 3 to the 2008 Act, the 1897 Act continues to have effect for the purposes of section 1(1) and (8) of the Public Health (Scotland) Act 1945.

The Slaughter of Animals (Scotland) Act 1980

3.  In the Slaughter of Animals (Scotland) Act 1980(2)—

(a)for section 6(3) (licensing of knackers’ yards) substitute—

(3) On receiving an application for the grant or renewal of a licence under this section, the local authority must publish notice of the application in one or more newspapers circulating in that local authority’s area specifying—

(a)the address of the premises to which the application relates;

(b)the period, being a period of not less than 21 days beginning with the day on which the notice is published, before the end of which any person may object to the grant or renewal of the licence; and

(c)that any objections are to be made in writing to the local authority and, in the case of an application for renewal of a licence, are to be served on the applicant in accordance with subsection (4).;

(b)in section 14(4) (further powers of entry), omit paragraphs (ii) and (iii);

(c)in section 22 (interpretation), in the definition of “premises”, for the words “has the same meaning as in the Public Health (Scotland) Act 1897” substitute “extends to any facilities for moving animals and any stall, pen, covered area or field used by the knacker’s yard in order to confine an animal until it is killed or to give it any necessary attention before it is killed”.

The Local Government, Planning and Land Act 1980

4.  In the Local Government, Planning and Land Act 1980, section 159(1)(a)(3) (public health etc.) for “section 40 of the Public Health (Scotland) Act 1897 (which makes similar provision for Scotland)” substitute “Part 5 of the Public Health etc. (Scotland) Act 2008(4)”.

The Radioactive Substances Act 1993

5.  In the Radioactive Substances Act 1993, section 30(4)(5) (power of the Secretary of State to dispose of radioactive waste) for “section 3 of the Public Health (Scotland) Act 1897” substitute “section 78A(9) (preliminary) of the Environmental Protection Act 1990(6)”.

AMENDMENT OF STATUTORY INSTRUMENTS

The Public Health (Ships) (Scotland) Regulations 1971

6.—(1) Until its revocation by Part 2 of schedule 3 to the 2008 Act, regulation 2(1) of the Public Health (Ships) (Scotland) Regulations 1971(7) (interpretation) has effect as follows.

(2) Omit the definition of “designated medical officer”.

(3) After the definition of “Health Board” insert—

“health board competent person” means a person designated by a health board under section 3(1) of the Public Health etc. (Scotland) Act 2008;.

(4) In the definition of “medical officer”, for “designated medical officer” substitute “health board competent person”.

The Public Health (Aircraft) (Scotland) Regulations 1971

7.—(1) Until its revocation by Part 2 of schedule 3 to the 2008 Act, regulation 2(1) of the Public Health (Aircraft) (Scotland) Regulations 1971(8) (interpretation) has effect as follows.

(2) Omit the definition of “designated medical officer”.

(3) After the definition of “Health Board” insert—

“health board competent person” means a person designated by a health board under section 3(1) of the Public Health etc. (Scotland) Act 2008;.

(4) In the definition of “medical officer”, for “designated medical officer” substitute “health board competent person”.

The Schools General (Scotland) Regulations 1975

8.—(1) The Schools General (Scotland) Regulations 1975(9) are amended in accordance with this paragraph.

(2) In regulation 3 (definitions)—

(a)omit the definition of “designated medical officer”; and

(b)after the definition of “health board” insert—

“health board competent person” means a person designated by a health board under section 3(1) of the Public Health etc. (Scotland) Act 2008;.

(3) In regulation 6 (closure of schools on order of medical officer) for “designated medical officer of a health board” substitute “health board competent person”.

(1)

1945 (c.15); section 1(3) was amended by paragraph 76 of Schedule 6 to the National Health Service (Scotland) Act 1972 (c.58), paragraph 2 of Schedule 9 to the Health and Social Services and Social Security Adjudications Act 1983 (c.41) and paragraph 4 of Schedule 9 to the National Health Service and Community Care Act 1990 (c.19); the definition of “authorised officer” in section 1(8) was amended by paragraph 76 of Schedule 6 to the National Health Service (Scotland) Act 1972 (c.58).

(5)

1993 c.12; section 30(4) was amended by paragraph 217(4) of Schedule 22 to the Environment Act 1995 (c.25).

(6)

1990 c.43; section 78A(9) was inserted by section 57 of the Environment Act 1995 (c.25) and amended by regulation 2 of S.S.I. 2005/658.

(9)

S.I. 1975/1135 to which there have been no relevant amendments.

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