The Community Care and Health (Scotland) Act 2002 (Commencement No. 2) Order 2003

Scottish Statutory Instruments

2003 No. 62 (C. 1)

SOCIAL CARE

The Community Care and Health (Scotland) Act 2002 (Commencement No. 2) Order 2003

Made

5th February 2003

The Scottish Ministers, in exercise of the powers conferred by sections 23(4) and 27(2) and (3) of the Community Care and Health (Scotland) Act 2002(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Community Care and Health (Scotland) Act 2002 (Commencement No. 2) Order 2003.

(2) In this Order “the Act” means the Community Care and Health (Scotland) Act 2002.

Appointed days

2.—(1) 28th February 2003 is the appointed day for the coming into force of–

(a) section 18(1) of the Act so far as it inserts section 17EA(1), (2) and (4) and section 17EB, in the 1978 Act;

(b) section 18(2) of the Act so far as it inserts section 24B(1), (2) and (4) and section 24C, in the 1978 Act;

(c) section 25 (so far as it relates to paragraphs 2(3), (12) and 3 of Schedule 2 to the Act) of, and paragraphs 2(3) and (12) and 3 of Schedule 2 to, the Act.

(2) 31st May 2003 is the appointed day for the coming into force of section 18(2) of the Act so far as it inserts section 24B(3) in the 1978 Act.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

5th February 2003

Explanatory Note

(This note is not part of the Order)

This Order brings into force the following provisions of the Community Care and Health (Scotland) Act 2002 (“the Act”)–

(a) on 28th February 2003

(i) section 18(1) of the Act so far as it inserts sections 17EA(1), (2) and (4) and section 17EB in the 1978 Act, which permit the making of regulations for the preparation and publication of lists of medical practitioners performing personal medical services;

(ii) section 18(2) of the Act so far as it inserts sections 24B(1), (2) and (4) and section 24C in the 1978 Act, which permit the making of regulations for the preparation and publication of lists of medical practitioners approved to assist in the provision of general medical services;

(iii) section 25 (so far as it relates to paragraphs 2(3) and (12) and 3 of Schedule 2 to the Act) and paragraphs 2(3) and (12) and 3 of Schedule 2 to the Act which make amendments to other legislation consequent on (i) and (ii) above; and

(b) on 31st May 2003, section 18(2) of the Act so far as it inserts section 24B(3) in the 1978 Act, which requires that a practitioner may not assist in the provision of general medical services unless his name is included in a list.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been or will be brought into force by the Community Care Health (Scotland) Act 2002 (Commencement No. 1) Order 2002 (S.S.I. 2002/170):

Provision	Date of Commencement
Sections 1(2) and (7), 2, 22, 25 (relative to paragraph 1(1) and (4) of Schedule 2) and 26 and paragraphs 1(1) and (4) of Schedule 2	1st April 2002
Sections 4, 6, 20, 21 and 24	13th May 2002
Sections 1(1), (3), (4), (5) and (6), 3 and 25 (relative to Schedule 1 and paragraph 1(5) of Schedule 2) and Schedule 1 and paragraph 1(5) of Schedule 2	1st July 2002
Sections 8 to 17	1st September 2002
Sections 7 and 25 (relative to paragraph 1(2) and (3) of Schedule 2) and paragraph 1(2) and (3) of Schedule 2	1st June 2003

(1)

2002 asp 5.