The HIV Testing Kits and Services Revocation (Scotland) Regulations 2014

Scottish Statutory Instruments

2014 No. 42

Public Health

The HIV Testing Kits and Services Revocation (Scotland) Regulations 2014

Made

19th February 2014

Laid before the Scottish Parliament

21st February 2014

Coming into force

6th April 2014

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 23(1) of the Health and Medicines Act 1988(1) and all other powers enabling them to do so.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the HIV Testing Kits and Services Revocation (Scotland) Regulations 2014 and come into force on 6th April 2014.

(2) These Regulations extend to Scotland only.

Revocation

2.  The HIV Testing Kits and Services Regulations 1992(2) are revoked.

MICHAEL MATHESON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

19th February 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke the HIV Testing Kits and Services Regulations 1992 (“the 1992 Regulations”) in relation to Scotland only. The 1992 Regulations provide that it is an offence subject to various exceptions:

  • to sell or supply an HIV testing kit or component to a member of the public;

  • to sell or supply an HIV testing kit without an accompanying warning notice; and

  • to provide HIV testing services which are not directed by a registered medical practitioner.

In addition, the 1992 Regulations place restrictions on advertisements for such kits, components and services.

(1)

1988 c.49. The functions of the Secretary of State, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).