2009 No. 9 (C. 3)
PUBLIC HEALTH

The Public Health etc. (Scotland) Act 2008 (Commencement No. 1) Order 2009

Made
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 122(2) and 128(2) of the Public Health etc. (Scotland) Act 20081.

Citation and interpretation1.

(1)

This Order may be cited as the Public Health etc. (Scotland) Act 2008 (Commencement No. 1) Order 2009.

(2)

In this Order “the Act” means the Public Health etc. (Scotland) Act 2008.

Appointed days2.

The days appointed for the coming into force of the following provisions of the Act are–

(a)

26th January 2009 for the provisions of the Act specified in column (1) of Schedule 1 (the subject matter of each provision being mentioned in column (2));

(b)

1st April 2009 for the provisions of the Act specified in column (1) of Schedule 2 (the subject matter of each provision being mentioned in column (2)).

MICHAEL W RUSSELL
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

SCHEDULE 1PROVISIONS OF THE ACT COMING INTO FORCE ON 26TH JANUARY 2009

Article 2(a)

Column (1)

Column (2)

Provision of the Act

Subject matter

Section 109

Insect nuisance

Section 110

Artificial light nuisance

Section 111

Statutory nuisance: land covered with water

Section 112

Power to make further provision regarding statutory nuisances

Section 113

Enforcement of statutory nuisances: fixed penalty notice

Section 114

Procedure for regulations

Section 115

Sewerage nuisance: local authority powers

Section 125

Minor and consequential amendments

Schedule 2

Minor and consequential amendments relating to the Public Works Loans Act 18872, the Children and Young Persons (Scotland) Act 19373, the Prevention of Damage by Pests Act 19494, the Pests Act 19545,the Offices, Shops and Railway Premises Act 19636 and the Statutory Nuisance (Appeals) (Scotland) Regulations 19967

SCHEDULE 2PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST APRIL 2009

Article 2(b)

Column (1)

Column (2)

Provision of the Act

Subject matter

Section 3 for the purpose of enabling Regulations under subsections (4) and (5) to be made

Designation of competent persons by health boards

Section 5 for the purpose of enabling Regulations under subsections (4) and (5) to be made

Designation of competent persons by local authorities

Section 87

Provision of mortuaries by local authorities

Section 88

Provision of mortuaries by health boards

Section 89

Co-operation by local authorities and health boards

Section 94

International travel

Section 100 for the purpose of enabling Regulations under subsection (5) to be made

Duty to provide information to sunbed users

Section 101 for the purpose of enabling Regulations under subsection (4) to be made

Duty to display information notice

Section 116

Equal opportunities

Section 121

Form of applications etc.

Section 124

Interpretation

Section 126 in so far as it relates to the provision of schedule 3 to the Act mentioned below

Repeals, revocations and saving

Schedule 3 in so far as it relates to sections 68, 70 and 71 of the Public Health (Scotland) Act 18978

Power of local authority to provide mortuaries, power of local authority to provide places for post-mortem examinations, power to sanitary authorities to unite for providing mortuary

(This note is not part of the Order)

This Order brings into force provisions of the Public Health etc. (Scotland) Act 2008 (“the Act”).

  • Article 2(a) and Schedule 1 bring sections 109-115 which comprise Part 9 of the Act into force on 26th January 2009. Part 9 makes changes to the statutory nuisance provisions in the Environmental Protection Act 1990 (c. 43) in respect of Scotland. Part 9 also amends section 26 of the Water Services etc. (Scotland) Act 2005 (asp 3) in respect of sewerage nuisance. Article 2(a) and Schedule 1 also bring section 125 and schedule 2 into force. These make minor and consequential amendments to the Statutory Nuisance (Appeals) (Scotland) Regulations 1996 (S.I. 1996/1076) and other legislation.

  • Article 2(b) and Schedule 2 bring certain provisions into force on 1st April 2009 including:

    1. (a)

      sections 3 and 5 of the Act which relate to the designation of competent persons by health boards and local authorities for the purpose of making regulations only;

    2. (b)

      sections 87-89 of the Act relating to the provision of mortuaries;

    3. (c)

      section 94 which enables the Scottish Ministers to make Regulations to give effect to the International Health Regulations (as defined in section 94(6)) or any other international agreements relating to the spread of infectious disease or contamination;

    4. (d)

      certain provisions relating to regulation of the provision of sunbeds for the purposes of making Regulations only;

    5. (e)

      certain miscellaneous provisions in Part 10 of the Act;

    6. (f)

      the repeal of sections 68, 70 and 71 of the Public Health (Scotland) Act 1897 (c. 38 60 and 61 Vict.).