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The Public Services Reform (Scotland) Act 2010 (Commencement No. 7) Order 2016

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Scottish Statutory Instruments

2016 No. 22 (C. 4)

Public Health

The Public Services Reform (Scotland) Act 2010 (Commencement No. 7) Order 2016

Made

14th January 2016

Laid before the Scottish Parliament

18th January 2016

Coming into force

1st April 2016

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, commencement and interpretation

1.—(1) This Order may be cited as the Public Services Reform (Scotland) Act 2010 (Commencement No. 7) Order 2016 and comes into force on 1st April 2016.

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

Appointed days

2.—(1) Subject to paragraph (3), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in Schedule 1 (the subject matter of which is specified in column 2 of that table) is 1st April 2016.

(2) Subject to paragraph (3), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in Schedule 2 (the subject matter of which is specified in column 2 of that table) is 1st April 2017.

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

SHONA ROBISON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

14th January 2016

Article 2(1)

SCHEDULE 1Provisions coming into force on 1st April 2016

Column 1

(provisions of the Act)

Column 2

(subject matter)

Column 3

(purposes)

Sections 108 to 110 insofar as those sections are not already in force, with the exception of the insertion of section 10Z9(1)(a) of the National Health Service (Scotland) Act 1978 as that section applies to persons providing an independent clinic(2)Healthcare: scrutiny and improvementFor all purposes, with the exception of Healthcare Improvement Scotland’s functions relating to
(a)

independent medical agencies; and

(b)

independent ambulance services(3)

Article 2(2)

SCHEDULE 2Provisions coming into force on 1st April 2017

Column 1

(provisions of the Act)

Column 2

(subject matter)

Column 3

(purposes)

Sections 108 to 110 insofar as those sections are not already in force.Healthcare: scrutiny and improvementFor all purposes, with the exception of Healthcare Improvement Scotland’s functions relating to—
(a)

independent medical agencies; and

(b)

independent ambulance services

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings sections 108 to 110 of the Public Services Reform (Scotland) Act 2010 (“the Act”) further into force with certain exceptions. Sections 108 to 110 relate to health care: scrutiny and improvement and have already been commenced as regards Healthcare Improvement Scotland’s (“HIS”) functions in relation to independent hospitals and private psychiatric hospitals. The effect of this Order is that HIS’s functions in relation to independent clinics are commenced. The insertion of section 10Z9(1)(a) is not commenced until 1st April 2017 so that, while independent clinics will be subject to regulation by HIS from 1st April 2016 and can be registered from that date, it is not an offence not to register. The offence provision comes into force on 1st April 2017.

Sections 103, 109, 132, 133 and 134 of the Act came into force on Royal Assent (28th April 2010).

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 orders made before the date of this Order:—

ProvisionDate of CommencementS.S.I. No.
Sections 1 to 12 except section 31st August 20102010/221
Section 315th August 20112011/278
Section 13 (partially) for the purposes of the amendments and repeals commenced in Schedule 1 to S.S.I. 2011/3031st January 201122011/30
Section 13 (partially) for the purposes of the amendment in Schedule 2 to S.S.I. 2011/301st April 201122011/30
Sections 14 to 301st August 20102010/221
Sections 31 to 351st October 20102010/321
Sections 36 to 431st July 20102010/221
Section 44 (partially) for the purpose of making appointments1st August 20102010/221
Sections 44 to 102 (partially) for the purpose of making subordinate legislation1st October 20102010/321
Sections 104 to 106 (partially) for the purpose of making subordinate legislation1st October 20102010/321
Section 44 to 106 insofar as not already in force1st April 20112011/122
Section 1071st August 20102010/221
Section 108 (partially) for the purpose of making appointments1st August 20102010/221
Section 110(1) (partially) for the purpose of making appointments1st August 20102010/221
Sections 108 to 110 (partially) for the purpose of making subordinate legislation1st October 20102010/321
Sections 108 to 110 insofar as not already in force, with the exception of Healthcare Improvement Scotland’s functions relating to independent clinics, independent medical agencies and independent ambulance services1st April 20112011/122
Section 111 (partially) for the purpose of making appointments1st August 20102010/221
Section 111 (partially) for the purpose of making subordinate legislation1st October 20102010/321
Section 111 insofar as not already in force1st April 20112011/122
Sections 112 to 1141st October 20102010/321
Sections 115 to 117 (partially) for the purpose of making subordinate legislation1st October 20102010/321
Sections 115 to 117 insofar as not already in force1st April 20112011/122
Section 1181st October 20102010/321
Section 1191st August 20102010/221
Sections 120 to 128 except section 1251st August 20102010/221
Section 125 (partially) for the purpose of making subordinate legislation1st October 20102010/321
Section 125 insofar as not already in force1st November 20122012/218
Section 1291st August 20102010/221
Sections 130 and 13115th August 20112011/278
Schedule 11st August 20102010/221
Schedules 2 and 315th August 20112011/278
Paragraph 1 of schedule 4 (partially), for the purposes of the amendments in Schedule 1 to S.S.I. 2011/3031st January 201122011/30
Paragraph 9 of schedule 4 (partially) for the purposes of amendments in Schedule 1 to S.S.I. 2011/3031st January 201122011/30
Paragraphs 2, 3, 8, 10, 11, 12, 13, 15 and 20 to 33 of schedule 431st January 201122011/30
Paragraphs 4 to 7, 14 and 16 to 19 of schedule 41st April 201122011/30
Schedules 5 to 71st August 20102010/221
Schedule 81st October 20102010/321
Schedules 9 and 101st July 20102010/221
Schedule 11 (partially) for the purpose of making appointments1st August 20102010/221
Schedule 11 (partially) for the purpose of making subordinate legislation1st October 20102010/321
Schedule 11 insofar as not already in force1st April 20112011/122
Schedule 12 (partially) for the purpose of making subordinate legislation1st October 20102010/321
Schedule 12 insofar as not already in force1st April 20112011/122
Schedule 131st October 20102010/321
Schedule 14 (partially) for the purpose of making subordinate legislation1st October 20102010/321
Schedule 14, with the exception of paragraph 35(a), insofar as not already in force1st April 20112011/122
Schedule 151st August 20102010/221
Schedule 16 (partially) for the purpose of making appointments1st August 20102010/221
Schedule 16 (partially) for the purpose of making subordinate legislation1st October 20102010/321
Schedule 16 insofar as not already in force1st April 20112011/122
Schedule 17 (partially) for the purpose of making subordinate legislation1st October 20102010/321
Schedule 17 insofar as not already in force1st April 20112011/122
Schedule 18 (partially) for the purpose of making appointments1st August 20102010/221
Schedule 18 (partially) for the purpose of making subordinate legislation1st October 20102010/321
Schedule 18 insofar as not already in force1st April 20112011/122
Schedules 19 and 2031st October 20102010/321
(2)

“Independent clinic” has the meaning given in section 10F(2) of the National Health Service (Scotland) Act 1978 (c.29) (“the 1978 Act”).

(3)

“Independent medical agency” and “independent ambulance service” have the meaning given to them in section 10F(2) of the 1978 Act.

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