The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1 and Savings) (Scotland) Order 2007

Explanatory Note

(This note is not part of the Order)

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.