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The Public Health etc. (Scotland) Act 2008 (Commencement No. 3, Consequential Provisions and Revocation) Order 2009

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Scottish Statutory Instruments

2009 No. 404 (C. 31)

Public Health

The Public Health etc. (Scotland) Act 2008 (Commencement No. 3, Consequential Provisions and Revocation) Order 2009

Made

17th November 2009

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 122(2) and 128(2) of the Public Health etc. (Scotland) Act 2008(1).

Citation and interpretation

1.—(1) This Order may be cited as the Public Health etc. (Scotland) Act 2008 (Commencement No. 3, Consequential Provisions and Revocation) Order 2009.

(2) In this Order “the Act” means the Public Health etc. (Scotland) Act 2008.

Commencement of provisions of the Act and consequential repeal and revocation

2.—(1) The provision of the Act specified in column (1) of schedule 1 (the subject matter of which is mentioned in column (2)) comes into force on 1st December 2009.

(2) The amendment of the enactment specified in schedule 2 comes into force on 1st December 2009.

(3) The provisions of the Act specified in column (1) of schedule 3 (the subject matter of each provision being mentioned in column (2)) come into force on 1st January 2010.

(4) The consequential repeal and revocation specified in schedule 4 come into force on 1st January 2010.

Revocation

3.  Article 3(d) of the Public Health etc. (Scotland) Act 2008 (Commencement No. 2, Savings and Consequential Provisions) Order 2009(2) is revoked on 1st December 2009.

SHONA ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

17th November 2009

Article 2(1)

SCHEDULE 1PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST DECEMBER 2009

Column (1)

Column (2)

Provision of the Act

Subject matter

Part 8, in so far as not already in forceRegulation of provision of sunbeds.

Article 2(2)

SCHEDULE 2AMENDMENT TO ENACTMENT, COMING INTO FORCE ON 1ST DECEMBER 2009

The Local Government, Planning and Land Act 1980

In section 159(1)(b) of the Local Government, Planning and Land Act 1980, for “Parts II or V of the Public Health (Scotland) Act 1897 (which respectively make similar provision for Scotland)” substitute “Part 5 of the Public Health etc. (Scotland) Act 2008 (public health functions of local authorities)”.

Article 2(3)

SCHEDULE 3PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST JANUARY 2010

Column (1)

Column (2)

Provision of the Act

Subject matter

Part 2Notifiable diseases, notifiable organisms and health risk states.
section 126 in so far as it relates to the provisions of schedule 3 mentioned belowRepeals, revocations and savings.
schedule 1List of notifiable diseases and notifiable organisms
Part 1 of schedule 3 in so far as it relates to the Public Health (Scotland) Act 1897 (c.38) section 32, the Infectious Disease (Notification) Act 1889 (c.72), the Health Services and Public Health Act 1968 (c.46), section 71A(a) and (c), the National Health Service (Scotland) Act 1972 (c.58) section 53Repeals.
Part 2 of schedule 3 in so far as it relates to the National Health Service (Designated Medical Officers) (Scotland) Regulations 1974 (S.I. 1974/470) and the Public Health (Notification of Infectious Diseases) (Scotland) Regulations 1988 (S.I. 1988/1550)(3)Revocations

Article 2(4)

SCHEDULE 4CONSEQUENTIAL REPEAL AND REVOCATION COMING INTO FORCE ON 1ST JANUARY 2010

PART 1CONSEQUENTIAL REPEAL

Enactment

Extent of Repeal

Town and Country Planning (Scotland) Act 1997 (c.8)Section 275(7)(a)

PART 2CONSEQUENTIAL REVOCATION

Enactment

Extent of Repeal

Public Health (Notification of Infectious Diseases) (Scotland) Amendment Regulations 1989 (S.I. 1989/2250)The whole Regulations

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force further provisions of the Public Health (etc.) Scotland Act 2008 (“the Act”.)

Article 2(1) and schedule 1 bring Part 8 of the Act (regulation of provision of sunbeds) into force on 1st December 2009 in so far as it is not already in force.

Article 2(2) and schedule 2 make a consequential amendment to the Local Government, Planning and Land Act 1980. In consequence, a savings provision included in the Public Health etc. (Scotland) Act 2008 (Commencement No. 2, Savings and Consequential Provisions) Order 2009 is revoked by article 3 at the same time.

Article 2(3) and schedule 3 bring Part 2 (notifiable diseases, notifiable organisms and health risk states) and Schedule 1 (list of notifiable diseases and notifiable organisms) of the Act into force on 1st January 2010, together with various repeals and revocations.

Article 2(4) and schedule 4 bring a further repeal and revocation into force on 1st January 2010. The repeal of section 275(7)(a) of the Town and Country Planning (Scotland) Act 1997 is consequential on the repeal of section 32 of the Public Health (Scotland) Act 1897. The Public Health (Notification of Infectious Diseases) (Scotland) Amendment Regulations 1989/2250 are revoked in consequence of the commencement of Part 2 of the Act.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision

Date of Commencement

S.S.I. No.

sections 109 to 11526th January 20092009/09
section 125
schedule 2
section 3 (partially)1st April 20092009/09
section 5 (partially)
sections 87 to 89
section 94
section 100 (partially)
section 101 (partially)
section 116
section 121
section 124
section 126 (partially)
schedule 3 (partially)
Part 1 (in so far as not already in force)1st October 20092009/319
Parts 3 to 5
Part 6 (in so far as not already in force)
sections 117 to 120
section 123
section 126 (partially)
section 127
schedule 3 (partially)
(3)

Part 2 of schedule 3 to the Public Health Act 2008 wrongly cites the Public Health (Notification of Infectious Diseases) (Scotland) Regulations 1988 as S.I. 1988/132. The correct number is S.I. 1998/1550.

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