2010 No. 372 (C. 23)

Public Health

The Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 2) Order 2010

Made25th October 2010

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 40(2) and 43(3) of the Tobacco and Primary Medical Services (Scotland) Act 20101.

Citation and interpretation1

1

This Order may be cited as the Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 2) Order 2010.

2

In this Order—

“the 2010 Act” means the Tobacco and Primary Medical Services (Scotland) Act 2010;
“the 1978 Act” means the National Health Service (Scotland) Act 19782.

Appointed days2

The days appointed for the coming into force of the following provisions of the 2010 Act are:—

a

8th November 2010 for the provisions specified in column 1 of the table in Schedule 1 to this Order (the subject matter of which is specified in column 2 of that table) but those provisions come into force on that date only for the purpose specified in column 3 of that table;

b

22nd December 2010 for the provisions specified in column 1 of the table in Schedule 2 to this Order (the subject matter of which is specified in column 2 of that table), in so far as those provisions are not already in force.

NICOLA STURGEONA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh25th October 2010

SCHEDULE 1Provisions of the 2010 Act coming into force on 8th November 2010

Article 2(a)

Column 1 Provision of the Act	Column 2 Subject matter	Column 3 Purpose
Section 38	Section 17C arrangements: persons with whom agreements can be made	Only for the purpose of enabling the Scottish Ministers to make regulations under the inserted section 17CA(1), (5), (6) and (7) of the 1978 Act.
Section 39	Eligibility to be contractor under general medical services contract	Only for the purpose of enabling the Scottish Ministers to make regulations under the substituted section 17L(1), (5), (6) and (7) of the 1978 Act.

Column 1

Provision of

the Act

Column 2

Subject matter

Column 3

Purpose

Section 38

Section 17C arrangements: persons with whom agreements can be made

Only for the purpose of enabling the Scottish Ministers to make regulations under the inserted section 17CA(1), (5), (6) and (7) of the 1978 Act.

Section 39

Eligibility to be contractor under general medical services contract

Only for the purpose of enabling the Scottish Ministers to make regulations under the substituted section 17L(1), (5), (6) and (7) of the 1978 Act.

SCHEDULE 2Provisions of the 2010 Act coming into force on 22nd December 2010

Article 2(b)

Column 1 Provision of the Act	Column 2 Subject matter
Section 37	Contractual arrangements for the provision of primary medical services
Section 38	Section 17C arrangements: persons with whom agreements can be made
Section 39	Eligibility to be contractor under general medical services contract

Column 1

Provision of the Act

Column 2

Subject matter

Section 37

Contractual arrangements for the provision of primary medical services

Section 38

Section 17C arrangements: persons with whom agreements can be made

Section 39

Eligibility to be contractor under general medical services contract

EXPLANATORY NOTE

(This note is not part of the Order)

Sections 40, 41, 42 and 43 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (“the 2010 Act”) came into force on Royal Assent.

The commencement of section 41 which gave effect to Schedule 2 to the 2010 Act must be read subject to the Tobacco and Primary Medical Services (Scotland) Act 2010 (Ancillary Provisions) Order 2010 (S.S.I. 2010/77) (“the Ancillary Order”) which provides that the modifications in that Schedule shall not take effect until the coming into force for all purposes of specified sections of the 2010 Act.

This Order brings into force the provisions in Part 2 of the 2010 Act.

Article 2(a) and Schedule 1 to this Order set out a table specifying that sections 38 and 39 of the 2010 Act are to come into force on 8th November 2010 but only for the limited purpose of allowing Scottish Ministers to exercise a power to make subordinate legislation. Article 2(b) and Schedule 2 to this Order set out a further table specifying that sections 37, 38 and 39 of the 2010 Act are to come into force on 22nd December 2010 to the extent that they are not already in force.

In terms of the Ancillary Order, section 17D of the 1978 Act is amended as specified in paragraph 6 of Schedule 2 to the 2010 Act on the coming into force for all purposes of section 38 of the 2010 Act on 22nd December 2010. Similarly, paragraph (c) of section 2(3) of the Primary Medical Services (Scotland) Act 2004 is repealed as specified in paragraph 7 of that Schedule on the coming into force for all purposes of section 38 of the 2010 Act on 22nd December 2010.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the 2010 Act have been brought into force or will be brought into force by commencement order made before the date of this Order:—

Provision	Date of Commencement	S.S.I.No.
Section 4 (partially)	24th October 2010	2010/345
Section 4	1st April 2011
Section 5	1st April 2011
Section 6	1st April 2011
Section 7	1st April 2011
Section 8 (partially)	24th October 2010
Section 8	1st April 2011
Section 10	1st April 2011
Section 11 (partially)	24th October 2010
Section 11	1st April 2011
Section 12	1st April 2011
Section 13	1st April 2011
Section 14	1st April 2011
Section 15	1st October 2011
Section 16	1st October 2011
Section 17	1st October 2011
Section 18	1st October 2011
Section 19 (partially)	24th October 2010
Section 19	1st October 2011
Section 20	1st October 2011
Section 21	1st October 2011
Section 22	1st October 2011
Section 23	1st October 2011
Section 24	24th October 2010
Section 25	1st April 2011
Section 26	1st April 20111
Section 27 (partially)	24th October 2010
Section 27	1st April 2011
Sections 28, 29, 30, 31 and 32	1st April 2011
Sections 33, 34, 35 and 36	1st April 2011
Schedule 1 (partially)	24th October 2010
Schedule 1	1st April 2011