2010 No. 185 (C. 9)
The Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No. 6) Order 2010
Made
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 40(1) and 43(3) and (4) of the Smoking, Health and Social Care (Scotland) Act 20051.
Citation and interpretation
1
This Order may be cited as the Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No. 6) Order 2010.
2
In this Order—
“the Act” means the Smoking, Health and Social Care (Scotland) Act 2005; and
“the 1978 Act” means the National Health Service (Scotland) Act 19782.
Appointed days3
The days appointed for the coming into force of the following provisions of the Act are:—
a
20th May 2010 for the provisions of the Act specified in column 1 of Schedule 1 to this Order but, those provisions shall only come into force on that date for the purpose specified in column 3 of that Schedule; and
b
2nd July 2010 for the provisions of the Act specified;
i
in column 1 of Schedule 2 to this Order, in so far as those provisions are not already in force, but, where a particular purpose is specified in column 3 of that Schedule in relation to that provision, that provision shall only come into force for the purpose specified in that column; and
ii
in the Table of Repeals in Schedule 2.
SCHEDULE 1Provision of the Act coming into force on 20th May 2010
Column 1 | Column 2 | Column 3 |
|---|---|---|
Provision of the Act | Subject matter | Purpose |
Section 15 | Arrangements for the provision of general dental services | Only for the purpose of enabling the Scottish Ministers to make regulations under the amended section 25(1) and substituted sections 25(2), (2A) and (2B) of the 1978 Act. |
Section 17 | Lists of persons undertaking to provide or approved to assist in the provision of general dental services | Only for the purpose of enabling the Scottish Ministers to make regulations under the amended section 25(1) and the substituted section 25(2), (2A) and (2B) of the 1978 Act. |
SCHEDULE 2Provisions of the Act coming into force on 2nd July 2010
Column 1 Provision of the Act | Column 2 Subject matter | Column 3 Purpose |
|---|---|---|
Section 15 | Arrangements for the provision of general dental services | |
Section 17 | Lists of persons undertaking to provide or approved to assist in the provision of general dental services | |
Section 26(2)(c)(ii) | Disqualification by the NHS Tribunal | Only for the purpose of substitution of section 29(6)(b) of the 1978 Act. |
Section 26(2)(e)(ii) | Disqualification by the NHS Tribunal | For the purpose of substituting in section 29(8) of the 1978 Act, for paragraph (c) the new paragraph (c). |
Section 26(3)(b) | Disqualification by the NHS Tribunal | |
Section 26(3)(c) | Disqualification by the NHS Tribunal | Only for purposes in relation to the list referred to in section 29(8)(c) of the 1978 Act. |
Section 42(1) and (2) | Minor and consequential amendments and repeals | Only for the purposes of bringing into force the provisions of schedules 2 and 3 to the Act specified in this Schedule. |
Schedule 2, paragraph 2(3), (16) and (19)(b), and paragraph 3(c) | Minor and consequential amendments | |
Schedule 2, paragraph 2(15) | Minor and consequential amendments | Only for the purpose of substituting for the words from “any list” to the end of paragraph (c) in section 33 of the 1978 Act. |
Schedule 3 | Repeals | Only for the purposes of bringing into force the repeals specified in the table in this Schedule. |
Enactment | Extent of repeal |
|---|---|
National Health Service (Scotland) Act 1978 (c.29). | In Schedule 8, paragraph 8(2A) |
National Health Service and Community Care Act 1990 (c.19) | Section 40 and in schedule 9, paragraph 19(6) |
(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.I.No. |
|---|---|---|
Sections 11, 16, 28 to 32, 36 and 37 | 17th October 2005 | |
Section 42(1) and (2) (partially) | 17th October 2005 | |
Paragraphs 1 and 2(1) of schedule 2 | 17th October 2005 | |
Schedule 3 (partially) | 17th October 2005 | |
Sections 3(3) and 4(2), (3) and (7) | 1st November 2005 | |
Section 6 (partially) | 1st November 2005 | |
Section 38 | 1st November 2005 | |
Section 42(1) and (2) (partially) | 1st November 2005 | |
Paragraphs 2, 4(1), 5(2) and 12 of schedule 1 (partially) | 1st November 2005 | |
Paragraph 2(19)(a)(iv) of schedule 2 | 1st November 2005 | |
Schedule 3 (partially) | 1st November 2005 | |
Section 4(6), (8) and (9) | 16th December 2005 | |
Section 35 | 19th December 2005 | |
Section 4 (in so far as not already in force) | 7th February 2006 | |
Sections 12, 13, 19, 26 and 27 (all partially) | 7th March 2006 | |
Sections 1 to 10 | 26th March 2006 | |
Schedule 1 (in so far as not already in force) | 26th March 2006 | |
Sections 12 and 13 (both in so far as not already in force) and 42(1) (partially) | 1st April 2006 | |
Paragraph 2(19)(a)(ii) of Schedule 2 | 1st April 2006 | |
Sections 19, (in so far as not already in force), 26(1), (2)(a), (b), (c)(i), (d), (e)(i) and (f), (3)(a), (d) and (e), (4)(a) and (c), (5)(a), (6) and (7)(b)(ii) and (c), and 27 (in so far as not already in force) | 1st April 2006 | |
Section 26(2)(c)(ii) (partially) | 1st April 2006 | |
Section 26(2)(e)(ii) (partially) | 1st April 2006 | |
Section 26(3)(c) (partially) | 1st April 2006 | |
Section 26(4)(b) (partially) | 1st April 2006 | |
Section 26(7)(d) (partially) | 1st April 2006 | |
Schedule 2, paragraph 2(5), (10) to (14) and (20) | 1st April 2006 | |
Schedule 3 (partially) | 1st April 2006 | |
Section 42(2) (partially) | 1st April 2007 | |
Schedule 3 (partially) | 1st April 2007 |