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The Public Services Reform (Scotland) Act 2010 (Commencement No. 2) Order 2010

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Scottish Statutory Instruments

2010 No. 321  (C. 17)

Charities

National Health Service

Public Services Reform

Social Care

The Public Services Reform (Scotland) Act 2010 (Commencement No. 2) Order 2010

Made

8th September 2010

The Scottish Ministers make the following Order in exercise of the powers conferred by section 134(7) of the Public Services Reform (Scotland) Act 2010(1).

Citation

1.  This Order may be cited as the Public Services Reform (Scotland) Act 2010 (Commencement No. 2) Order 2010.

Interpretation

2.  In this Order, “the Act” means the Public Services Reform (Scotland) Act 2010.

Appointed day

3.  (1)  Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the Schedule to this Order (the subject matter of which is specified in column 2 of that table) is 1st October 2010.

(2) Where a purpose is specified in column 3 of that table, a provision mentioned in column 1 comes into force in accordance with paragraph (1) only for that purpose.

JOHN SWINNEY

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

8th September 2010

Article 3

SCHEDULE

Column 1

(provisions of the Act)

Column 2

(subject matter)

Column 3

(purpose)

Sections 31 to 35Information on exercise of public functions
Sections 44 to 106 except section 103Social care and social work: scrutiny and improvementThe purpose of making subordinate legislation
Sections 108 and 110Health care: scrutiny and improvementThe purpose of making subordinate legislation
Section 111The Mental Welfare Commission for ScotlandThe purpose of making subordinate legislation
Sections 112 to 113User focus
Section 114Scrutiny: duty of co-operation
Sections 115 to 117Joint inspectionsThe purpose of making subordinate legislation
Section 118Amendment of Public Finance and Accountability (Scotland) Act 2000(2)
Section 125Reorganisation of restricted fundsThe purpose of making subordinate legislation
Schedule 8Information on exercise of public functions: listed public bodies
Schedule 11Social Care and Social Work Improvement Scotland: establishment etc.The purpose of making subordinate legislation
Schedule 12Care services: definitionsThe purpose of making subordinate legislation
Schedule 13Social work services functions: specified enactments
Schedule 14Social Care and Social Work Improvement Scotland: modifications of enactmentsThe purpose of making subordinate legislation
Schedule 16Healthcare Improvement Scotland: establishment etc.The purpose of making subordinate legislation
Schedule 17Healthcare Improvement Scotland: modifications of enactmentsThe purpose of making subordinate legislation
Schedule 18The Mental Welfare Commission for Scotland: modifications of the Mental Health (Care and Treatment) (Scotland) Act 2003(3)The purpose of making subordinate legislation
Schedule 19Scrutiny functions: persons etc. subject to user focus duty
Schedule 20Scrutiny functions: persons etc. subject to duty of co-operation

EXPLANATORY NOTE

(This note is not part of the Order)

Sections 103, 109, 132, 133 and 134 of the Public Services Reform (Scotland) Act 2010 (“the Act”) came into force on Royal Assent. The Public Services Reform (Scotland) Act 2010 (Commencement No. 1) Order 2010 brought some other provisions of the Act into force on 1st July 2010 and 1st August 2010 (for further detail see the note as to earlier commencement orders).

This Order brings the following provisions of the Act into force on 1st October 2010:

  • sections 31 to 35 and schedule 8 require the publication of information on expenditure and certain other matters by the Scottish Ministers and certain public bodies;

  • sections 44 to 106 (except section 103 which came into force on Royal Assent), and schedules 11, 12 and 14, are commenced for the purpose of making subordinate legislation in relation to the functions of Social Care and Social Work Improvement Scotland, and schedule 13 (which specifies enactments for the purposes of the meaning of “social work services functions” in section 48) is commenced in full;

  • sections 108 and 110, and schedules 16 and 17, are commenced for the purpose of making subordinate legislation in relation to the functions of Healthcare Improvement Scotland;

  • section 111 and schedule 18 are commenced for the purpose of making subordinate legislation in relation to the Mental Welfare Commission for Scotland;

  • sections 112 and 113 and schedule 19 require listed scrutiny authorities to improve user focus in the exercise of their scrutiny functions and to have regard to relevant guidance;

  • section 114 and schedule 20 require scheduled scrutiny authorities to co-operate and co-ordinate activity with a view to improving the exercise of their scrutiny functions;

  • sections 115 to 117 are commenced for the purpose of making subordinate legislation in relation to joint inspections;

  • section 118 amends Part 2 of the Public Finance and Accountability (Scotland) Act 2000 in relation to audit authorities and audit reports and examinations under that Part; and

  • section 125 is commenced for the purpose of making subordinate legislation in relation to reorganisation of restricted funds in relation to charities.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

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

ProvisionDate of CommencementS.S.I. No.
Sections 1 to 12 except section 31st August 20102010/221
Sections 14 to 301st August 20102010/221
Sections 36 to 431st July 20102010/221
Section 44 (partially) for the purpose of making appointments1st August 20102010/221
Section 1071st August 20102010/221
Section 108 (partially) for the purpose of making appointments1st August 20102010/221
Section 110(1) for the purpose of making appointments1st August 20102010/221
Section 111 for the purpose of making appointments1st August 20102010/221
Section 1191st August 20102010/221
Sections 120 to 128 except section 1251st August 20102010/221
Section 1291st August 20102010/221
Schedule 11st August 20102010/221
Schedules 5 to 71st August 20102010/221
Schedules 9 and 101st July 20102010/221
Schedule 11 (partially) for the purpose of making appointments1st August 20102010/221
Schedule 151st August 20102010/221
Schedule 16 for the purpose of making appointments1st August 20102010/221
Schedule 18 for the purpose of making appointments1st August 20102010/221

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