1990 No. 1793 (C.47) (S.172)
The National Health Service and Community Care Act 1990 (Commencement No.3 and Transitional Provisions) (Scotland) Order 1990
Made
The Secretary of State, in exercise of the powers conferred upon him by section 67(2) and (3) of the National Health Service and Community Care Act 19901 and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and interpretation1
1
This Order may be cited as the National Health Service and Community Care Act 1990 (Commencement No. 3 and Transitional Provisions) (Scotland) Order 1990.
2
In this Order–
a
“the Act” means the National Health Service and Community Care Act 1990;
b
“the 1978 Act” means the National Health Service (Scotland) Act 19782;
3
In this Order, unless the context requires otherwise, any reference to a section is to a section of the Act and reference to a Schedule is to a Schedule to this Order.
Appointed days2
1
17th September 1990 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of Schedule I.
2
1st January 1991 is the day appointed for the coming into force of sections 38 (Scottish Medical Practices Committee) and 39 (Distribution of general medical services) and section 66(2) and Schedule 10 to the Act insofar as they relate to the repeal of section 23(7) of the 1978 Act.
3
31st March 1991 is the day appointed for the coming into force of sub-sections (1) and (2) of section 27 so far as those provisions have effect in relation to members of a Health Board or the management committee of the Common Services Agency for the Scottish Health Service.
4
1st April 1991 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of Schedule II.
5
31st March 1992 is the day appointed for the coming into force of sub-sections (1) and (2) of section 27 insofar as not already in force.
6
1st April 1992 is the day appointed for the coming into force of section 35.
Transitional provisions3
Where, prior to 1st January 1991, the Medical Practices Committee has refused an application made under section 20 of the 1978 Act or has granted such an application subject to a condition which excludes the provision of general medical services in a part or parts of the area of a Health Board, sections 23(5), (7) and (8) and 24 of the 1978 Act shall, in relation to that refusal or grant, have effect as if section 39(4) to (7) of the Act had not come into force.
SCHEDULE IPROVISIONS OF THE ACT COMING INTO FORCE ON 17TH SEPTEMBER 1990
Column 1 | Column 2 |
|---|---|
Provision of the Act | Subject Matter |
In Section 27—subsection (3) | Health Boards, the Common Services Agency and state hospitals |
Section 28 | Special Health Boards |
Section 29 insofar as not already in force | Abolition of Scottish Health Service Planning Council and amendments in relation to local consultation committees |
Section 34 in relation to the provisions of section 87A and of section 87B(1) (insofar as section 87B(1) provides for the meaning of “recognised fund—holding practice” and “allotted sum”), to be inserted into the 1978 Act | Fund-holding practices—recognition |
In section 36, subsection (2) to (8) | Accounts and audit of NHS trust and fund-holding practices |
Section 37 | Relationship of Health Boards and medical practitioners (references to “relevant Health Board”) |
Section 40 | Limitations on the right to be included in the list of dental practitioners |
Section 41 | Schemes for meeting losses and liabilities etc. of certain health service bodies |
Section 66(1) so far as it relates to the provisions of Schedule 9 to the Act referred to in this Schedule | Minor and consequential amendments |
Section 66(2) so far as it relates to repeal of those enactments specified in Schedule 10 to the Act referred to in this Schedule | Repeals |
Schedule 5 | Amendments in relation to Health Boards, the Common Services Agency and state hospitals |
Schedule 9 insofar as it relates to the following provisions of paragraph 19:—sub-paragraphs (1) to (3), (6), (7)(insofar as not already in force), (8), (15), (20) and (22)(a) and (e). | Minor and consequential amendments |
Schedule 10 in so far as it relates to the following enactments — | Repeals |
In the 1978 Act, sections 5 and 6, 10(4), 85(1)(a), 108(1), and Schedule 3 | |
In the Health and Medicines Act 19883 Schedule 2, paragraph 11 |
SCHEDULE IIPROVISIONS OF THE ACT COMING INTO FORCE ON 1ST APRIL 1991
Column 1 | Column 2 |
|---|---|
Provision of the Act | Subject Matter |
Section 30 | NHS Contracts |
Section 34, insofar as not already in force | Fund-holding practices of general medical practitioners |
Section 66(1) and Schedule 9 insofar as they relate to Paragraph 19(22)(c) (insofar as not already in force) and (23) | Minor and consequential amendments |
Section 66(2) and Schedule 10 insofar as they relate to sections 7(2) and 57(3) of the 1978 Act | Repeals |
(This note is not part of the Order)
(This note is not part of the Order)
This Order has been preceded by two earlier Orders entitled respectively The National Health Service and Community Care Act 1990 (Commencement No. 1) Order 1990 (S.I.1990/1329) commencing provisions of Parts I and V of the Act relating to England and Wales and The National Health Service and Community Care Act 1990 (Commencement No 2) (Scotland) Order 1990 (S.I.1990/1520) commencing certain provisions of Parts II and V of, and Schedules 6, 9 and 10 to, the Act relating to Scotland.
These Orders made respectively on 2nd and 18th July 1990, brought into force at various dates, both before and after the date of this Order, provisions of Parts I, II and V of, and of Schedules 1 to 6 and 8 to 10 to, the National Health Service and Community Care Act 1990.
The following Tables of this Note set out in chronological order the provisions of the Act, the subject matter of the provisions, the dates of coming into force and the number of the order bringing the provisions into force, as provided in those earlier commencement orders. In the Tables references to “the 1977 Act” are to the National Health Service Act 1977, and to “the 1978 Act” are to the National Health Service (Scotland) Act 1978.
Column 1 | Column 2 |
|---|---|
Provision of the Act | Subject Matter |
In section 1—subsection (1)(c) | Regional and District Health Authorities |
In section 2—subsection (3)(b) | Family Health Services Authorities |
Section 5 | NHS trusts |
Section 6 | Transfer of staff to NHS trusts |
Section 7 | Supplementary provisions as to transfer of staff |
Section 8 | Transfer of property, rights and liabilities to NHS trusts |
Section 9 | Originating capital debt of, and other financial provisions relating to NHS trusts |
Section 10 | Financial obligations of NHS trusts |
Section 11 | Trust-funds and trustees for NHS trusts |
In section 20—subsection (1) so far as it relates to paragraph 4 of Schedule 4 and subsections (4), (5), (6) and (7) | Extension of functions etc. of Audit Commission to cover the health service |
In section 26—subsection (1) and in subsection (2) paragraphs (a), (c), (d) so far as it relates to the definition of “National Health Service trust”, (e), (g) and (i) | Interpretation of Part 1 of the Act |
In section 59—subsection (2) | Parliamentary disqualification |
Section 64 | Financial provisions |
Section 65 | Regulations, orders and directions |
Section 66(1) and Schedule 9 so far as relating to the following provisions of that Schedule:—paragraphs 2, 5(4), 6, 7, 8, 9, 13, 17, 18(1)(b) and (3) to (13), 20, 21(a) and (b), 22, 23, 24(1), (2), (3)(a) and (b), (4), (5) and (7) to (9), 26, 27, 29, 30(1)(a) and (2), 31, 32, 33, 35, 36 and 37 | Minor and consequential amendments |
Section 66(2) and Schedule 10 so far as relating to the following enactments:—sections 8(5) and 10(7) of the 1977 Act | Repeals |
Schedule 2 | National Health Service trusts |
Schedule 3 | Financial provisions relating to NHS trusts |
In Schedule 4—paragraph 4 | Amendment of section 14 of the Local Government Finance Act 1982 |
Column 1 | Column 2 |
|---|---|
Provision of the Act | Subject Matter |
In section 29, sub-section (3)(a), (b) and (c) and (4) | Local health councils and University Liaison Committees |
Section 31 | National Health Service trusts |
Section 32 | Further provisions relating to NHS trusts |
Section 33 | Trust property of NHS trusts |
Section 66(1) so far as it relates to the following provisions of Schedule 9:—paragraphs 1, 3, 4, 10(12) and (14)(b), 14, 19(4), (5), (7)(a)(ii), (9) to (14), (16) to (19), (21), (22)(b), (c) (so far as it relates to the definition of “National Health Service trust”) and (d) and (24), 21(c) and 28 | Minor and consequential amendments |
Schedule 6 | Schedules about NHS trusts to be inserted after Schedule 7 to the 1978 Act. |
Column 1 | Column 2 | Column 3 |
|---|---|---|
Provisions of the Act | Subject Matter | Date brought into force |
In section 1—subsections (4)(a) and (5) | Members of Health Authorities to cease to be members (so far as relating to Regional Health Authorities) | 25th July 1990 |
In section 1—subsection (1)(a) | Regional and District Health Authorities (so far as relating to Regional Health Authorities) | 26th July 1990 |
In section 1—subsection (2) | Membership of Health Authorities (so far as relating to paragraph 1 of Schedule 1 and to paragraph 1 of Schedule 5 to the 1977 Act) | 26th July 1990 |
In section 1—subsection (3) | Supplementary provisions as to Health Authorities (so far as relating to paragraphs 6, 8 and 9 of Schedule 1 to the Act and paragraphs 7 and 10 of that Schedule so far as relating to Regional Health Authorities) | 26th July 1990 |
In section 59—subsection 1 | Parliamentary Disqualification (so far as relating to Regional Health Authorities) | 26th July 1990 |
In Schedule 1— | Health Authorities and Family Health Services Authorities | |
paragraph 1 | Membership of Regional Health Authorities | 26th July 1990 |
paragraphs 6, 8 and 9, and, in so far as relating to Regional Health Authorities, paragraphs 7 and 10 | Amendments of Part III of Schedule 5 to the 1977 Act | 26th July 1990 |
In section 1—subsections (4) and (5) insofar as not already in force | Membership of Health Authorities | 16th September 1990 |
In section 2—subsection (5) | Members of Family Practitioner Committees ceasing to be members | 16th September 1990 |
Column 1 | Column 2 |
|---|---|
Provisions of the Act | Subject Matter |
Section 1 | Regional and District Health Authorities |
Section 2 | Family Health Services Authorities |
In section 3—subsections (3) and (4) | Exercise of functions by health authorities etc. |
In section 12—subsections (1), (2), (3) and (5) | Functions of Family Health Services Authorities |
Section 14 | Recognition of fund-holding practices of doctors |
Section 21 | Schemes for meeting losses and liabilities etc. |
Section 24 | Limitations on right to be included on list of dental practitioners |
In section 26—subsection (2)(b) and (f) | Interpretation of Part I of the Act |
In section 59—subsection (1) | Parliamentary Disqualification |
Section 61 | Health service bodies: taxation |
Section 62 | Clinical Standards Advisory Group |
Section 66(1) so far as it relates to paragraphs 18(1)(a) and (c) and (2), 24(3)(c) and 34 of Schedule 9 | Minor and consequential amendments |
Schedule 1 | Health Authorities and Family Health Services Authorities |
Section 66(2) and Schedule 10 so far as they relate to the following enactments— | Repeals |
Sections 8(1) to (3), 11(1), 12(a), 13(1), 14, 16, 18(3), 41(b), 55, 91(3)(b), 97(6) and 99(1)(b) of and paragraph 8 of Schedule 5 to the 1977 Act | |
Section 22 of and Schedule 1 to the Health Services Act 1980 | |
The Public Health (Control of Disease) Act 1984 |
Column 1 | Column 2 | Column 3 |
|---|---|---|
Provisions of the Act | Subject Matter | Date brought into force |
Section 20 | Extension of functions of the Audit Commission | 1st October 1990 |
Section 66(2) and Schedule 10 | Repeals | 1st October 1990 |
Section 98(1)(b) and (3) of the 1977 Act and the Local Government and Housing Act 1989 | ||
Schedule 4 | Amendments of Part III of the Local Government Finance Act 1982 | 1st October 1990 |
In section 12—subsection 4 | Recognition of certain local committees | 1st January 1991 |
Section 22 | Medical Practices Committee | 1st January 1991 |
Section 23 | Distribution of general medical services | 1st January 1991 |
Section 66(2) and Schedule 10 so far as relating to section 33(7) of the 1977 Act | Repeals | 1st January 1991 |
Column 1 | Column 2 |
|---|---|
Provisions of the Act | Subject Matter |
In section 3—subsections (1), (2) and (5) to (8) | Primary and other functions of health authorities etc. |
Section 4 | NHS contracts |
Section 13 | Financial duties in relation to Family Health Services Authorities |
Section 15 | Payments to recognised fund-holding practices |
Section 16 | Renunciation and removal of recognition as a fund-holding practice and withholding of funds |
Section 17 | Transfer of functions relating to recognised fund-holding practices |
Section 18 | Indicative amounts for doctors' practices |
Section 19 | Amendments relating to funding of health authorities etc. |
Section 25 | Transfer to DHA of certain functions relating to private patients |
Section 26 | Interpretation of Part I, so far as not already in force |
Section 60 | Removal of Crown immunities |
Section 63 | Repeal of remaining provisions of Health Services Act 1976 |
Section 66(2) and Schedule 10 so far as they relate to the following enactments— | Repeals |
The Nursing Homes Registration (Scotland) Act 1938 | |
The Fire Precautions Act 1971 | |
The Health Services Act 1976 | |
Paragraph 15(2) of Schedule 5 to the 1977 Act | |
Sections 2(9) and 10(9) of the National Health Service (Scotland) Act 1978 | |
The Employment Protection (Consolidation) Act 1978 | |
Sections 12 to 15 of and Schedules 2, 3 and 4 to the Health Services Act 1980 | |
The Registered Homes Act 1984 | |
The National Health Service (Amendment) Act 1986 | |
Schedule 8 | Provisions arising out of removal of Crown immunities from health service bodies |