The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1 and Savings) (Scotland) Order 2007
Citation, commencement, interpretation and extent1.
(1)
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1 and Savings) (Scotland) Order 2007, and shall come into force on 28th January 2007.
(2)
In this Order–
“the Act” means the Health and Social Care (Community Health and Standards) Act 2003.
(3)
This Order extends to Scotland only.
Appointed day for provisions relating to recovery of NHS charges and repeals relating to recovery of NHS charges2.
(1)
(2)
(a)
(b)
section 163(1) and (2);
(c)
section 164;
(d)
sections 166 to 169;
(e)
section 196 so far as relating to the repeals in Part 3 of Schedule 14;
(f)
Schedule 10; and
(g)
part 3 of Schedule 14.
Saving provisions3.
(1)
Notwithstanding article 2 above, the 1999 Act, and the powers to make regulations under it, shall continue to have effect in relation to injuries to which it applied which occurred before 29th January 2007.
(2)
Where the 1999 Act continues to apply in accordance with paragraph (1)–
(a)
section 145(6) of the 1988 Act;
(b)
(c)
shall be read as if the repeals relating to that section in Part 3 of Schedule 14 to the Act had not been made.
St Andrew’s House,
Edinburgh
This Order is a commencement order under the Health and Social Care (Community Health and Standards) Act 2003 (“the Act”). It provides for the coming into force in Scotland of certain provisions of Part 3 of the Act providing for the NHS to recover the costs of hospital treatment and/or ambulance services where people receive compensation for injuries.
Article 2(1) commences section 150 of the Act (which sets out the circumstances in which NHS costs can be recovered) on 28th January 2007. Section 150(13) of the Act provides that the scheme will apply only to injuries which take place after section 150 comes into force. Article 2(2) accordingly commences all other sections in Part 3 applying to Scotland (except section 165 which contains the power to extend the scheme for the recovery of NHS costs to cases in which treatment has been provided at a non-health service hospital) on 29th January 2007. The scheme provided for in Part 3 of the Act will thus apply to injuries which take place on or after 29th January 2007.
Article 2(2) also commences the repeal of the Road Traffic (NHS Charges) Act 1999 (“the 1999 Act”) which contains the current scheme for the recovery of NHS charges for road traffic cases and consequential repeals.
Article 3 contains savings provisions in relation to the 1999 Act, and consequential repeals, which will continue to apply in respect of injuries which occur before 29th January 2007.
The provisions of the Health and Social Care (Community Health and Standards) Act 2003 (“the Act”) listed in the table below extending to Scotland have been brought into force by a commencement order made before the date of this Order.
Other provisions of the Act relating to England, Wales and Northern Ireland have been brought into force by other commencement orders.