Scottish Statutory Instruments
2016 No. 22 (C. 4)
Public Health
The Public Services Reform (Scotland) Act 2010 (Commencement No. 7) Order 2016
Made 14th January 2016
Laid before the Scottish Parliament 18th January 2016
Coming into force 1st April 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by section 134(7) of the Public Services Reform (Scotland) Act 2010.
2010 asp 8.

Citation, commencement and interpretation
1. (1) This Order may be cited as the Public Services Reform (Scotland) Act 2010 (Commencement No. 7) Order 2016 and comes into force on 1st April 2016.
(2) In this Order, “the Act” means the Public Services Reform (Scotland) Act 2010.

Appointed days
2. (1) Subject to paragraph (3), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in Schedule 1 (the subject matter of which is specified in column 2 of that table) is 1st April 2016.
(2) Subject to paragraph (3), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in Schedule 2 (the subject matter of which is specified in column 2 of that table) is 1st April 2017.
(3) Where a purpose is specified in column 3 of either table, a provision mentioned in column 1 comes into force in accordance with paragraph (1) or paragraph (2), as applicable, only for that purpose.
SHONA ROBISON
A member of the Scottish Government
St Andrew’s House,
Edinburgh
14th January 2016

SCHEDULE 1 Provisions coming into force on 1st April 2016
Article 2(1)
Column 1 (provisions of the Act)	Column 2 (subject matter)	Column 3 (purposes)
Sections 108 to 110 insofar as those sections are not already in force, with the exception of the insertion of section 10Z9(1)(a) of the National Health Service (Scotland) Act 1978 as that section applies to persons providing an independent clinic “Independent clinic” has the meaning given in section 10F(2) of the National Health Service (Scotland) Act 1978 (c.29) (“the 1978 Act”).	Healthcare: scrutiny and improvement	For all purposes, with the exception of Healthcare Improvement Scotland’s functions relating to
		(a) independent medical agencies; and (b) independent ambulance services “Independent medical agency” and “independent ambulance service” have the meaning given to them in section 10F(2) of the 1978 Act.

SCHEDULE 2 Provisions coming into force on 1st April 2017
Article 2(2)
Column 1 (provisions of the Act)	Column 2 (subject matter)	Column 3 (purposes)
Sections 108 to 110 insofar as those sections are not already in force.	Healthcare: scrutiny and improvement	For all purposes, with the exception of Healthcare Improvement Scotland’s functions relating to—
		(a) independent medical agencies; and (b) independent ambulance services

EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings sections 108 to 110 of the Public Services Reform (Scotland) Act 2010 (“the Act”) further into force with certain exceptions. Sections 108 to 110 relate to health care: scrutiny and improvement and have already been commenced as regards Healthcare Improvement Scotland’s (“HIS”) functions in relation to independent hospitals and private psychiatric hospitals. The effect of this Order is that HIS’s functions in relation to independent clinics are commenced. The insertion of section 10Z9(1)(a) is not commenced until 1st April 2017 so that, while independent clinics will be subject to regulation by HIS from 1st April 2016 and can be registered from that date, it is not an offence not to register. The offence provision comes into force on 1st April 2017.
Sections 103, 109, 132, 133 and 134 of the Act came into force on Royal Assent (28th April 2010).

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 orders 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
Section 3	15th August 2011	2011/278
Section 13 (partially) for the purposes of the amendments and repeals commenced in Schedule 1 to S.S.I. 2011/30	31st January 2011	22011/30
Section 13 (partially) for the purposes of the amendment in Schedule 2 to S.S.I. 2011/30	1st April 2011	22011/30
Sections 14 to 30	1st August 2010	2010/221
Sections 31 to 35	1st October 2010	2010/321
Sections 36 to 43	1st July 2010	2010/221
Section 44 (partially) for the purpose of making appointments	1st August 2010	2010/221
Sections 44 to 102 (partially) for the purpose of making subordinate legislation	1st October 2010	2010/321
Sections 104 to 106 (partially) for the purpose of making subordinate legislation	1st October 2010	2010/321
Section 44 to 106 insofar as not already in force	1st April 2011	2011/122
Section 107	1st August 2010	2010/221
Section 108 (partially) for the purpose of making appointments	1st August 2010	2010/221
Section 110(1) (partially) for the purpose of making appointments	1st August 2010	2010/221
Sections 108 to 110 (partially) for the purpose of making subordinate legislation	1st October 2010	2010/321
Sections 108 to 110 insofar as not already in force, with the exception of Healthcare Improvement Scotland’s functions relating to independent clinics, independent medical agencies and independent ambulance services	1st April 2011	2011/122
Section 111 (partially) for the purpose of making appointments	1st August 2010	2010/221
Section 111 (partially) for the purpose of making subordinate legislation	1st October 2010	2010/321
Section 111 insofar as not already in force	1st April 2011	2011/122
Sections 112 to 114	1st October 2010	2010/321
Sections 115 to 117 (partially) for the purpose of making subordinate legislation	1st October 2010	2010/321
Sections 115 to 117 insofar as not already in force	1st April 2011	2011/122
Section 118	1st October 2010	2010/321
Section 119	1st August 2010	2010/221
Sections 120 to 128 except section 125	1st August 2010	2010/221
Section 125 (partially) for the purpose of making subordinate legislation	1st October 2010	2010/321
Section 125 insofar as not already in force	1st November 2012	2012/218
Section 129	1st August 2010	2010/221
Sections 130 and 131	15th August 2011	2011/278
Schedule 1	1st August 2010	2010/221
Schedules 2 and 3	15th August 2011	2011/278
Paragraph 1 of schedule 4 (partially), for the purposes of the amendments in Schedule 1 to S.S.I. 2011/30	31st January 2011	22011/30
Paragraph 9 of schedule 4 (partially) for the purposes of amendments in Schedule 1 to S.S.I. 2011/30	31st January 2011	22011/30
Paragraphs 2, 3, 8, 10, 11, 12, 13, 15 and 20 to 33 of schedule 4	31st January 2011	22011/30
Paragraphs 4 to 7, 14 and 16 to 19 of schedule 4	1st April 2011	22011/30
Schedules 5 to 7	1st August 2010	2010/221
Schedule 8	1st October 2010	2010/321
Schedules 9 and 10	1st July 2010	2010/221
Schedule 11 (partially) for the purpose of making appointments	1st August 2010	2010/221
Schedule 11 (partially) for the purpose of making subordinate legislation	1st October 2010	2010/321
Schedule 11 insofar as not already in force	1st April 2011	2011/122
Schedule 12 (partially) for the purpose of making subordinate legislation	1st October 2010	2010/321
Schedule 12 insofar as not already in force	1st April 2011	2011/122
Schedule 13	1st October 2010	2010/321
Schedule 14 (partially) for the purpose of making subordinate legislation	1st October 2010	2010/321
Schedule 14, with the exception of paragraph 35(a), insofar as not already in force	1st April 2011	2011/122
Schedule 15	1st August 2010	2010/221
Schedule 16 (partially) for the purpose of making appointments	1st August 2010	2010/221
Schedule 16 (partially) for the purpose of making subordinate legislation	1st October 2010	2010/321
Schedule 16 insofar as not already in force	1st April 2011	2011/122
Schedule 17 (partially) for the purpose of making subordinate legislation	1st October 2010	2010/321
Schedule 17 insofar as not already in force	1st April 2011	2011/122
Schedule 18 (partially) for the purpose of making appointments	1st August 2010	2010/221
Schedule 18 (partially) for the purpose of making subordinate legislation	1st October 2010	2010/321
Schedule 18 insofar as not already in force	1st April 2011	2011/122
Schedules 19 and 20	31st October 2010	2010/321