2010 No. 372 (C. 23)

Public Health

The Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 2) Order 2010
Made
25th 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 2010 .

Citation and interpretation
1
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 1978 .

Appointed days
2
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.
NIC OLA STURGEON
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
25th October 2010
SCHEDULE 1

Provisions 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.
SCHEDULE 2

Provisions 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

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 |
2010 asp 3.
1978 c.29.