2004 No. 33 (C. 3)
The Community Care and Health (Scotland) Act 2002 (Commencement No. 3) Order 2004
Made
The Scottish Ministers, in exercise of the powers conferred by section 27(2) of the Community Care and Health (Scotland) Act 20021 and of all other powers enabling them in that behalf, hereby make the following Order:
Citation and interpretation1
1
This Order may be cited as the Community Care and Health (Scotland) Act 2002 (Commencement No. 3) Order 2004.
2
In this Order–
“the Act” means the Community Care and Health (Scotland) Act 2002; and
“the 1978 Act” means the National Health Service (Scotland) Act 19782;
Appointed day2
1
The following provisions of the Act shall come into force on 4th March 2004–
a
section 19 (representations against preferential treatment);
b
section 25 (minor and consequential amendments) but only insofar as it relates to the provisions of schedule 2 to the Act specified in sub-paragraphs (c) and (d) below;
c
in schedule 2 (minor and consequential amendments) paragraphs 2(4)(b)(i), 2(5)(b), 2(7), 2(8)(a), 2(10), 2(11)(a) and 4; and
d
the provisions of schedule 2 specified in column 1 of the Schedule to this Order, but only for the purposes specified in column 2 of that Schedule.
2
The following provisions of the Act, so far as not already in force, shall come into force on 1st April 2004–
a
section 25 but only insofar as it relates to the provisions of schedule 2 mentioned in sub-paragraph (b) below;
b
in schedule 2 paragraphs 2(4) to (6), (8), (9) and (11).
SCHEDULE
(1) | (2) |
---|---|
Provisions of schedule 2 to the Act | Purpose |
Paragraph 2(4)(a) | Only for the purpose of applying the first condition of disqualification to lists of persons approved to assist in providing services. |
Paragraph 2(4)(b)(iii) | Only for the purpose of defining “list” to include one prepared by virtue of Part II of the 1978 Act. |
Paragraph 2(6)(a) | Only for the purposes of providing that a local disqualification–
|
Paragraph 2(6)(b) | Only for the purposes of providing that a national disqualification–
|
Paragraph 2(8)(b)(i) | Only for the purposes of allowing the Scottish Ministers to impose conditions, imposed under the conditional disqualification provisions in England and Wales or Northern Ireland in relation to assistance in provision or performance of services by any person, in relation to the assistance in provision by that person of those services. |
Paragraph 2(9)(c) | Only for the purpose of defining a relevant list so as to include a list of persons approved to assist in providing services. |
Paragraph 2(11)(b) | Only for the purpose of disqualifying a practitioner for inclusion in any list prepared by virtue of Part II of the 1978 Act. |
Paragraph 2(11)(c) | Only for the purposes of–
|
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Act have been brought into force by commencement order made before the date of this Order:–
Provision | Date of Commencement | S.S.I. No |
---|---|---|
section 1(1) | 1st July 2002 | |
section 1(2) | 1st April 2002 | |
section 1(3) to (6) | 1st July 2002 | |
section 1(7) | 1st April 2002 | |
section 2 | 1st April 2002 | |
section 3 | 1st July 2002 | |
section 4 | 13th May 2002 | |
section 6 | 13th May 2002 | |
section 7 | 1st June 2003 | |
section 8 to 17 | 1st September 2002 | |
section 18(1) (partially) | 28th February 2003 | |
section 18(2) (partially) | 28th February 2003 | |
section 18(2) (partially) | 31st May 2003 | |
section 20 and 21 | 13th May 2002 | |
section 22 | 1st April 2002 | |
section 24 | 13th May 2002 | |
section 25 (partially) | 1st April 2002 | |
section 25 (partially) | 1st July 2002 | |
Section 25 (partially) | 28th February 2003 | |
section 26 | 1st April 2002 | |
Schedule 1 | 1st July 2002 | |
Schedule 2 | ||
Paragraph 1(1) | 1st April 2002 | |
Paragraph 1(2) and (3) | 1st June 2003 | |
Paragraph 1(4) | 1st April 2002 | |
Paragraph 1(5) | 1st July 2002 | |
Paragraphs 2(3), (12) and 3 | 28th February 2003 |