http://www.legislation.gov.uk/ssi/2010/185/madeThe Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No. 6) Order 2010National Health Service (NHS)Health, well-being and careDental servicesCareHealth care services and specialismsenKing's Printer for Scotland2014-07-17NATIONAL HEALTH SERVICE This Order brings into force further provisions of the Smoking, Health and Social Care (Scotland) Act 2005 (asp13) (“the Act”). 2010 No. 185 (C. 9) National Health Service The Smoking, Health and Social Care (Scotland) Act<Character Name="NonBreakingSpace"/>2005 (Commencement <Abbreviation Expansion="Number">No.</Abbreviation><Character Name="NonBreakingSpace"/>6) Order<Character Name="NonBreakingSpace"/>2010 Made 10th May 2010 The Scottish Ministers make the following Order in exercise of the powers conferred by sections40(1) and 43(3) and (4) of the Smoking, Health and Social Care (Scotland) Act 2005. 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 1978. Appointed days 3 The days appointed for the coming into force of the following provisions of the Act are:— a 20thMay 2010 for the provisions of the Act specified in column1 of Schedule1 to this Order but, those provisions shall only come into force on that date for the purpose specified in column3 of that Schedule; and b 2ndJuly 2010 for the provisions of the Act specified; i in column1 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 column3 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. SHONA ROBISON Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
10th May 2010 SCHEDULE 1 Provision of the Act coming into force on 20th May 2010 Article3(a)
Column 1Column 2Column 3
Provision of the ActSubject matterPurpose
Section 15Arrangements for the provision of general dental servicesOnly for the purpose of enabling the Scottish Ministers to make regulations under the amended section25(1) and substituted sections 25(2), (2A) and (2B) of the 1978 Act.
Section17Lists of persons undertaking to provide or approved to assist in the provision of general dental servicesOnly for the purpose of enabling the Scottish Ministers to make regulations under the amended section 25(1) and the substituted section25(2), (2A) and (2B) of the 1978 Act.
SCHEDULE 2 Provisions of the Act coming into force on 2nd July 2010 Article 3(b)
Column 1 Provision of the Act Column 2 Subject matter Column 3 Purpose
Section 15Arrangements for the provision of general dental services
Section 17Lists of persons undertaking to provide or approved to assist in the provision of general dental services
Section26(2)(c)(ii)Disqualification by the NHS TribunalOnly for the purpose of substitution of section29(6)(b) of the 1978 Act.
Section26(2)(e)(ii)Disqualification by the NHS TribunalFor the purpose of substituting in section29(8) of the 1978 Act, for paragraph(c) the new paragraph(c).
Section26(3)(b)Disqualification by the NHS Tribunal
Section26(3)(c)Disqualification by the NHS TribunalOnly for purposes in relation to the list referred to in section29(8)(c) of the 1978 Act.
Section42(1) and (2)Minor and consequential amendments and repealsOnly for the purposes of bringing into force the provisions of schedules2 and 3 to the Act specified in this Schedule.
Schedule2, paragraph2(3), (16) and (19)(b), and paragraph 3(c)Minor and consequential amendments
Schedule2, paragraph2(15)Minor and consequential amendmentsOnly for the purpose of substituting for the words from “any list” to the end of paragraph(c) in section33 of the 1978 Act.
Schedule3RepealsOnly for the purposes of bringing into force the repeals specified in the table in this Schedule.
TABLE <Strong>REPEALS</Strong>
EnactmentExtent 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)
EXPLANATORY NOTE (This note is not part of the Order)

This Order brings into force further provisions of the Smoking, Health and Social Care (Scotland) Act 2005 (asp13) (“the Act”).

Article3(a) appoints 20thMay 2010 as the day for the coming into force of sections15 (arrangements for the provision of general dental services) and 17 (lists of persons undertaking to provide or approved to assist in the provision of general dental services) of the Act, but only for the purpose of making regulations under the National Health Service (Scotland) Act 1978 (“the 1978 Act”).

Article3(b) appoints 2nd July 2010 as the day for the coming into force of the remainder of sections15 and 17, and for bringing into force section26(3)(b) and schedule2, paragraphs2(3), (16) and 19(b), and 3(c) (minor and consequential amendments) to, the Act.

Article3(b) also appoints 2nd July 2010 as the day for the coming into force of section26(2)(c)(ii) and (e)(ii), 26(3)(c), sections42(1) and (2) (bringing into force provisions in schedule2) and schedule2, paragraph15 of the Act, but only for the purposes specified in column3 of Schedule2. The purposes specified in column3 of Schedule2 relate to the amendments made by section17 of the Act to section25(2) of the Act relating to the lists to be prepared and maintained by Health Boards of persons undertaking to provide or approved to assist in the provision of general dental services, or in the case of section42 to the commencement of the commenced paragraphs of schedule2 and 3 that are introduced by that section.

Article3(b) also brings into force on 2nd July 2010 schedule 3 of the Act but only for the purpose of the repeals specified in the table to Schedule 2.

 NOTE AS TO EARLIER COMMENCEMENT ORDERS (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:—
ProvisionDate of CommencementS.I. No.
Sections11, 16, 28 to 32, 36 and 3717thOctober 20052005/492
Section42(1) and (2) (partially)17thOctober 2005
Paragraphs1 and 2(1) of schedule217thOctober 2005
Schedule3 (partially)17thOctober 2005
Sections3(3) and 4(2), (3) and (7)1stNovember 20052005/492
Section6 (partially)1stNovember 2005
Section381stNovember 2005
Section42(1) and (2) (partially)1stNovember 2005
Paragraphs2, 4(1), 5(2) and 12 of schedule1 (partially)1stNovember 2005
Paragraph2(19)(a)(iv) of schedule21stNovember 2005
Schedule3 (partially)1stNovember 2005
Section4(6), (8) and (9)16thDecember 20052005/642
Section3519thDecember 20052005/492
Section4 (in so far as not already in force)7thFebruary 20062006/47
Sections12, 13, 19, 26 and 27 (all partially)7thMarch 20062006/121
Sections1 to 1026th March 20062005/492
Schedule1 (in so far as not already in force)26th March 2006
Sections12 and 13 (both in so far as not already in force) and 42(1) (partially)1st April 20062005/492
Paragraph2(19)(a)(ii) of Schedule21st April 20062005/492
Sections19, (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 20062006/121
Section26(2)(c)(ii) (partially)1st April 2006
Section26(2)(e)(ii) (partially)1st April 2006
Section26(3)(c) (partially)1st April 2006
Section26(4)(b) (partially)1st April 2006
Section26(7)(d) (partially)1st April 2006
Schedule2, paragraph2(5), (10) to (14) and (20)1st April 2006
Schedule3 (partially)1st April 2006
Section42(2) (partially)1stApril 20072007/218
Schedule3 (partially)1st April 2007

2005 asp13. 1978 c.29.