The Health Act 1999 (Savings) (Scotland) Order 2004

Scottish Statutory Instruments

2004 No. 31

NATIONAL HEALTH SERVICE

The Health Act 1999 (Savings) (Scotland) Order 2004

Made

30th January 2004

Laid before the Scottish Parliament

2nd February 2004

Coming into force

4th March 2004

The Scottish Ministers, in exercise of the powers conferred by section 63(1) of the Health Act 1999(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement, and extent

1.—(1) This Order may be cited as the Health Act 1999 (Savings) (Scotland) Order 2004 and shall come into force on 4th March 2004.

(2) This Order extends to Scotland only.

Interpretation

2.  In this Order–

“the 1978 Act” means the National Health Service (Scotland) Act 1978(2); and

“the Tribunal” means the Tribunal constituted in accordance with section 29 (disqualification of persons providing services) of the 1978 Act.

Saving provision in consequence of the 1999 Act

3.  In relation to any representations made to the Tribunal under section 29 (disqualification of persons providing services) of the 1978 Act before 4th March 2004, the provisions of sections 29, 32A (applications for interim suspension) and 32B (continuation of suspension pending appeal) of, and paragraph 8 of Schedule 8 (the Tribunal) to, the 1978 Act shall continue to have effect on and after that date as if the provisions of the Health Act 1999 specified in article 2(2) of the Health Act 1999 (Commencement No. 14) (Scotland) Order 2004(3) had not come into force.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

30th January 2004

Explanatory Note

(This note is not part of the Order)

This Order makes certain saving provisions in consequence of the Health Act 1999 (“the 1999 Act”).

The 1999 Act makes amendments to certain provisions of the National Health Service (Scotland) Act 1978 (“the 1978 Act”) regarding the disqualification of practitioners who provide services under Part II of the 1978 Act. These amendments are commenced on 4th March 2004 by article 2(2) of the Health Act 1999 (Commencement No. 14) (Scotland) Order 2004 (S.S.I. 2004/32).

This Order provides that, in relation to representations made to the Tribunal before 4th March 2004 those provisions of the 1978 Act shall continue to apply on and after that date as if those amendments had not been made. The provisions of the 1978 Act in question relate to representations to, and powers of, the NHS Tribunal, including in relation to applications for interim suspension and suspension pending appeal.

(1)

1999 c. 8. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 66(1) of the Act and section 53(1) of the Scotland Act 1998 (c. 46).

(2)

1978 c. 29.

(3)

S.S.I. 2004/32.