1995 No. 3214 (C.74) (S.240)
The National Health Service (Amendment) Act 1995 (Commencement No.2 and Saving) (Scotland) Order 1995
Made
The Secretary of State in exercise of the powers conferred on him by section 14(3) and (4) of the National Health Service (Amendment) Act 19951 and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and interpretation1
1
This Order may be cited as the National Health Service (Amendment) Act 1995 (Commencement No.2 and Saving) (Scotland) Order 1995.
2
In this Order—
“the 1978 Act” means the National Health Service (Scotland) Act 19782;
“the 1995 Act” means the National Health Service (Amendment) Act 1995.
Appointed day2
1
Subject to paragraph (2) and article 3 below, 1st January 1996 is the day appointed for the coming into force of the provisions of the 1995 Act specified in column 1 of the Schedule to this Order (the subject matter of each provision being mentioned in column 2).
2
Sections 7 and 8 of the 1995 Act shall come into force for the purpose of amending the 1978 Act in relation to general medical services and general dental services only.
Saving3
Where before 1st January 1996—
a
an appeal has been made to the Secretary of State under section 29(4) of the 1978 Act; or
b
an application has been made to the Secretary of State for a direction under section 30 of, or paragraph 6 of Schedule 15 to, the 1978 Act,
the 1978 Act shall have effect in relation to that appeal or that application as if section 9 or (as the case may be) section 10 of the 1995 Act (and, in the Schedule to the 1995 Act, the associated repeals relating to sections 29(4), 30 and 32 of the 1978 Act) had not come into force.
SCHEDULEPROVISIONS OF THE ACT COMING INTO FORCE ON 1ST JANUARY 1996
(1) | (2) |
---|---|
Provision of the Act | Subject matter |
Section 7, for the purposes specified in article 2(2) of this Order | Disqualified practitioners: engagement in provision of services by others (Scotland) |
Section 8, for the purposes specified in article 2(2) of this Order | Interim suspension of practitioners (Scotland) |
Section 9 | Appeals against disqualification: removal of appeal to Secretary of State (Scotland) |
Section 10 | Removal of disqualification (Scotland) |
Section 11 | Procedure relating to disqualification (Scotland) |
Section 12 | Constitution of the Tribunal (Scotland) |
Section 14(2), so far as it relates to the provisions of the Schedule brought into force by this Order | Repeal of provisions specified in the Schedule |
In the Schedule, the entries relating to the National Health Service (Scotland) Act 1978 | Repeals |
(This note is not part of the Order)
(This note is not part of the Order)
The National Health Service (Amendment) Act 1995 (Commencement No.1 and Saving) Order 1995 (S.I.1995/3090) brings into force on 21st December 1995 sections 1 to 6 of the National Health Service (Amendment) Act 1995 and section 14(2) and the Schedule (both partially). Sections 1 and 2 are commenced only in respect of general medical services and general dental services.