Scottish Statutory Instruments
Public Health
Made
12th September 2017
Laid before the Scottish Parliament
14th September 2017
Coming into force
1st October 2017
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 36(2) and (3) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016(1).
1. These Regulations may be cited as the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Commencement No. 2) Regulations 2017 and come into force on 1st October 2017.
2.—(1) Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 specified in column 1 of the schedule (the subject matter of which is described in column 2 of the schedule) is 1st October 2017.
(2) Where a purpose is specified in column 3 of that schedule, a provision mentioned in column 1 comes into force in accordance with paragraph (1) only for that purpose.
AILEEN CAMPBELL
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
12th September 2017
Regulation 2
Column 1 Provisions of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 | Column 2 Subject matter | Column 3 Purpose |
|---|---|---|
| Section 21 | Incident which activates duty of candour procedure | Only for the purpose of enabling regulations to be made. |
| Section 22 | Duty of candour procedure | Only for the purpose of enabling regulations to be made. |
| Section 23 | Apologies | Only for the purpose of enabling regulations to be made under Part 2 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016. |
| Section 25(1) | Interpretation of Part 2 | Only for the purpose of enabling regulations to be made under Part 2 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016. |
| Section 26 | Care worker offence | |
| Section 27 | Care provider offence | |
| Section 28 | Meaning of “care worker” and “care provider” etc. | |
| Section 29 | Disclosure of conviction for offence under section 26 | |
| Section 30 | Power to order offence to be remedied or publicised | |
| Section 31 | Remedial and publicity orders: prosecutor’s right of appeal | |
| Section 32 | Penalty for ill-treatment and wilful neglect of mentally disordered person |
(This note is not part of the Regulations)
These Regulations bring into force provisions in Part 2 (duty of candour) and Part 3 (ill-treatment and wilful neglect) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (“the Act”) on 1st October 2017.
The Part 2 provisions are brought into force for the purpose of making regulations setting out the duty of candour procedure.
The whole of Part 3 is commenced.
Sections 34, 35, 36 and 37 of the Act came into force on 7th April 2016, which was the day after Royal Assent.
(This note is not part of the Regulations)
The following provisions of the Act were brought into force by commencement regulations made before the date of these Regulations:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 1 | 6th February 2017 | 2017/12 |
| Section 2 for the purpose of making regulations | 6th February 2017 | 2017/12 |
| Section 2 for all other purposes | 1st April 2017 | 2017/12 |
| Section 3 | 1st April 2017 | 2017/12 |
| Section 4 for the purpose of making regulations | 6th February 2017 | 2017/12 |
| Section 4 for all other purposes | 1st April 2017 | 2017/12 |
| Sections 5 to 7 | 1st April 2017 | 2017/12 |
| Section 8 for the purpose of making regulations | 6th February 2017 | 2017/12 |
| Section 8 for all other purposes | 1st April 2017 | 2017/12 |
| Section 9(1) for the purpose of making regulations | 6th February 2017 | 2017/12 |
| Section 9(1) for all other purposes | 1st April 2017 | 2017/12 |
| Section 9(2), (3) and (4) | 1st April 2017 | 2017/12 |
| Section 10 for the purpose of making regulations | 6th February 2017 | 2017/12 |
| Section 10 for all other purposes | 1st October 2017 | 2017/12 |
| Section 11 | 1st October 2017 | 2017/12 |
| Section 12 | 1st April 2017 | 2017/12 |
| Section 13 | 6th February 2017 | 2017/12 |
| Section 14 | 1st April 2017 | 2017/12 |
| Section 15(1), (2), (9), (10) and (11) | 1st April 2017 | 2017/12 |
| Section 15(3), (4), (5), (6), (7) and (8) | 1st October 2017 | 2017/12 |
| Section 16 | 6th February 2017 | 2017/12 |