(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.