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The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Commencement No. 2) Regulations 2017

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Scottish Statutory Instruments

2017 No. 294 (C. 22)

Public Health

The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Commencement No. 2) Regulations 2017

Made

12th September 2017

Laid before the Scottish Parliament

14th September 2017

Coming into force

1st October 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 36(2) and (3) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016(1).

Citation and commencement

1.  These Regulations may be cited as the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Commencement No. 2) Regulations 2017 and come into force on 1st October 2017.

Appointed day

2.—(1) Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 specified in column 1 of the schedule (the subject matter of which is described in column 2 of the schedule) is 1st October 2017.

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

AILEEN CAMPBELL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

12th September 2017

Regulation 2

SCHEDULE

Column 1

Provisions of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016

Column 2

Subject matter

Column 3

Purpose

Section 21Incident which activates duty of candour procedureOnly for the purpose of enabling regulations to be made.
Section 22Duty of candour procedureOnly for the purpose of enabling regulations to be made.
Section 23ApologiesOnly for the purpose of enabling regulations to be made under Part 2 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016.
Section 25(1)Interpretation of Part 2Only for the purpose of enabling regulations to be made under Part 2 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016.
Section 26Care worker offence
Section 27Care provider offence
Section 28Meaning of “care worker” and “care provider” etc.
Section 29Disclosure of conviction for offence under section 26
Section 30Power to order offence to be remedied or publicised
Section 31Remedial and publicity orders: prosecutor’s right of appeal
Section 32Penalty for ill-treatment and wilful neglect of mentally disordered person

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force provisions in Part 2 (duty of candour) and Part 3 (ill-treatment and wilful neglect) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (“the Act”) on 1st October 2017.

The Part 2 provisions are brought into force for the purpose of making regulations setting out the duty of candour procedure.

The whole of Part 3 is commenced.

Sections 34, 35, 36 and 37 of the Act came into force on 7th April 2016, which was the day after Royal Assent.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Act were brought into force by commencement regulations made before the date of these Regulations:

ProvisionDate of CommencementS.I. No.
Section 16th February 20172017/12
Section 2 for the purpose of making regulations6th February 20172017/12
Section 2 for all other purposes1st April 20172017/12
Section 31st April 20172017/12
Section 4 for the purpose of making regulations6th February 20172017/12
Section 4 for all other purposes1st April 20172017/12
Sections 5 to 71st April 20172017/12
Section 8 for the purpose of making regulations6th February 20172017/12
Section 8 for all other purposes1st April 20172017/12
Section 9(1) for the purpose of making regulations6th February 20172017/12
Section 9(1) for all other purposes1st April 20172017/12
Section 9(2), (3) and (4)1st April 20172017/12
Section 10 for the purpose of making regulations6th February 20172017/12
Section 10 for all other purposes1st October 20172017/12
Section 111st October 20172017/12
Section 121st April 20172017/12
Section 136th February 20172017/12
Section 141st April 20172017/12
Section 15(1), (2), (9), (10) and (11)1st April 20172017/12
Section 15(3), (4), (5), (6), (7) and (8)1st October 20172017/12
Section 166th February 20172017/12

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