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 Similarly, paragraph (c) of section 2(3) of the Primary Medical Services (Scotland) Act 2004 is repealed as specified in paragraph 7 of that Schedule on the coming into force for all purposes of section 38 of the 2010 Act on 22nd December 2010.