2010 No. 321(C. 17)
Charities
National Health Service
Public Services Reform
Social Care

The Public Services Reform (Scotland) Act 2010 (Commencement No. 2) Order 2010

Made
The Scottish Ministers make the following Order in exercise of the powers conferred by section 134(7) of the Public Services Reform (Scotland) Act 20101.

Citation1.

This Order may be cited as the Public Services Reform (Scotland) Act 2010 (Commencement No. 2) Order 2010.

Interpretation2.

In this Order, “the Act” means the Public Services Reform (Scotland) Act 2010.

Appointed day3.

(1)

Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the Schedule to this Order (the subject matter of which is specified in column 2 of that table) is 1st October 2010.

(2)

Where a purpose is specified in column 3 of that table, a provision mentioned in column 1 comes into force in accordance with paragraph (1) only for that purpose.

JOHN SWINNEY
A member of the Scottish Executive

St Andrew’s House,

Edinburgh

SCHEDULE

Article 3

Column 1

(provisions of the Act)

Column 2

(subject matter)

Column 3

(purpose)

Sections 31 to 35

Information on exercise of public functions

Sections 44 to 106 except section 103

Social care and social work: scrutiny and improvement

The purpose of making subordinate legislation

Sections 108 and 110

Health care: scrutiny and improvement

The purpose of making subordinate legislation

Section 111

The Mental Welfare Commission for Scotland

The purpose of making subordinate legislation

Sections 112 to 113

User focus

Section 114

Scrutiny: duty of co-operation

Sections 115 to 117

Joint inspections

The purpose of making subordinate legislation

Section 118

Amendment of Public Finance and Accountability (Scotland) Act 20002

Section 125

Reorganisation of restricted funds

The purpose of making subordinate legislation

Schedule 8

Information on exercise of public functions: listed public bodies

Schedule 11

Social Care and Social Work Improvement Scotland: establishment etc.

The purpose of making subordinate legislation

Schedule 12

Care services: definitions

The purpose of making subordinate legislation

Schedule 13

Social work services functions: specified enactments

Schedule 14

Social Care and Social Work Improvement Scotland: modifications of enactments

The purpose of making subordinate legislation

Schedule 16

Healthcare Improvement Scotland: establishment etc.

The purpose of making subordinate legislation

Schedule 17

Healthcare Improvement Scotland: modifications of enactments

The purpose of making subordinate legislation

Schedule 18

The Mental Welfare Commission for Scotland: modifications of the Mental Health (Care and Treatment) (Scotland) Act 20033

The purpose of making subordinate legislation

Schedule 19

Scrutiny functions: persons etc. subject to user focus duty

Schedule 20

Scrutiny functions: persons etc. subject to duty of co-operation

EXPLANATORY NOTE
(This note is not part of the Order)

Sections 103, 109, 132, 133 and 134 of the Public Services Reform (Scotland) Act 2010 (“the Act”) came into force on Royal Assent. The Public Services Reform (Scotland) Act 2010 (Commencement No. 1) Order 2010 brought some other provisions of the Act into force on 1st July 2010 and 1st August 2010 (for further detail see the note as to earlier commencement orders).

This Order brings the following provisions of the Act into force on 1st October 2010:

  • sections 31 to 35 and schedule 8 require the publication of information on expenditure and certain other matters by the Scottish Ministers and certain public bodies;

  • sections 44 to 106 (except section 103 which came into force on Royal Assent), and schedules 11, 12 and 14, are commenced for the purpose of making subordinate legislation in relation to the functions of Social Care and Social Work Improvement Scotland, and schedule 13 (which specifies enactments for the purposes of the meaning of “social work services functions” in section 48) is commenced in full;

  • sections 108 and 110, and schedules 16 and 17, are commenced for the purpose of making subordinate legislation in relation to the functions of Healthcare Improvement Scotland;

  • section 111 and schedule 18 are commenced for the purpose of making subordinate legislation in relation to the Mental Welfare Commission for Scotland;

  • sections 112 and 113 and schedule 19 require listed scrutiny authorities to improve user focus in the exercise of their scrutiny functions and to have regard to relevant guidance;

  • section 114 and schedule 20 require scheduled scrutiny authorities to co-operate and co-ordinate activity with a view to improving the exercise of their scrutiny functions;

  • sections 115 to 117 are commenced for the purpose of making subordinate legislation in relation to joint inspections;

  • section 118 amends Part 2 of the Public Finance and Accountability (Scotland) Act 2000 in relation to audit authorities and audit reports and examinations under that Part; and

  • section 125 is commenced for the purpose of making subordinate legislation in relation to reorganisation of restricted funds in relation to charities.

NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)

The following provisions of the Act were brought into force by commencement order made before the date of this Order:

Provision

Date of Commencement

S.S.I. No.

Sections 1 to 12 except section 3

1st August 2010

2010/221

Sections 14 to 30

1st August 2010

2010/221

Sections 36 to 43

1st July 2010

2010/221

Section 44 (partially) for the purpose of making appointments

1st August 2010

2010/221

Section 107

1st August 2010

2010/221

Section 108 (partially) for the purpose of making appointments

1st August 2010

2010/221

Section 110(1) for the purpose of making appointments

1st August 2010

2010/221

Section 111 for the purpose of making appointments

1st August 2010

2010/221

Section 119

1st August 2010

2010/221

Sections 120 to 128 except section 125

1st August 2010

2010/221

Section 129

1st August 2010

2010/221

Schedule 1

1st August 2010

2010/221

Schedules 5 to 7

1st August 2010

2010/221

Schedules 9 and 10

1st July 2010

2010/221

Schedule 11 (partially) for the purpose of making appointments

1st August 2010

2010/221

Schedule 15

1st August 2010

2010/221

Schedule 16 for the purpose of making appointments

1st August 2010

2010/221

Schedule 18 for the purpose of making appointments

1st August 2010

2010/221