Smoking, Health and Social Care (Scotland) Act 2005 Explanatory Notes

1. Introduction

2. The Act

   1. Part 1: Smoking: Prohibition and Control

      1. Section 1 – Offence of permitting others to smoke in no-smoking premises

      2. Section 2 – Offence of smoking in no-smoking premises

      3. Section 3 – Display of warning notices in and on no-smoking premises

      4. Section 4 – Meaning of “smoke” and “no-smoking premises”

      5. Section 5 – Proceeding for offences under sections 1 to 3

      6. Section 6 – Fixed penalties

      7. Section 7 – Powers to enter and require identification

      8. Section 8 – Bodies corporate etc.

      9. Section 9 – Sale of tobacco to under-age persons: variation of age limit

      10. Section 10 – Crown application

   2. Part 2: General Dental Services, General Ophthalmic Services and Personal Dental Services

      1. Section 11 – Detection of vision problems in children

      2. Section 12 – Free oral health assessments and dental examinations

      3. Section 13 – Free eye examinations and sight tests

      4. Section 14 – Charges for certain dental appliances and general dental services

      5. Section 15 – Arrangements for provision of general dental services

      6. Section 16 – Assistance and support: general dental services

      7. Section 17 – Lists of persons undertaking to provide or approved to assist in the provision of general dental services

      8. Section 18 – Lists of persons performing personal dental services under section 17C arrangements or pilot schemes

      9. Section 19 – Lists of persons undertaking to provide or approved to assist in the provision of general ophthalmic services

   3. Part 3: Pharmaceutical Care Services Etc.

      1. Section 20 – Health Boards’ functions: provision and planning of pharmaceutical care services

         1. New section 2CA – Functions of Health Boards: pharmaceutical care services

         2. New section 2CB – Functions of Health Boards: planning of pharmaceutical care services

      2. Section 21 – Pharmaceutical care services contracts

      3. Section 22 – Drug Tariff

      4. Section 23 – Persons performing pharmaceutical care services

      5. Section 24 – Assistance and support: primary medical services and pharmaceutical care services

   4. Part 4: Provision of Services under Nhs Contracts

      1. Section 25 – Provision of certain services under NHS contracts

   5. Part 5: Discipline

      1. Section 26 – Disqualification by the NHS Tribunal

      2. Section 27 – Corresponding provision in England or Wales or Northern Ireland

   6. Part 6: Miscellaneous

      Infection With Hepatitis C as a Result of Nhs Treatment Etc.

      1. Section 28 – Payments to certain persons infected with hepatitis C as a result of NHS treatment etc.

3. Amendment of Regulation of Care (Scotland) Act 2001

   1. Section 29 – Independent health care services

   2. Section 30 – Implementation of certain decisions under the 2001 Act

   3. Section 31 – Frequency of inspection of care services under the 2001 Act

   4. Section 32 – Provision of information to the Scottish Social Services Council

4. Child Care Agencies and Housing Support Services

   1. Section 33 – Registration of child care agencies and housing support services

   2. Section 34 – Grants in respect of housing support services

5. Authorisation of Medical Treatment

   1. Section 35 – Amendment of Adults with Incapacity (Scotland) Act 2000: authorisation of medical treatment

6. Appeals under Public Health (Scotland) Act 1897

   1. Section 36 – Amendment of Public Health (Scotland) Act 1897 : appeal against certain orders etc.

7. Joint Ventures

   1. Section 37 – Joint ventures

8. Scottish Hospital Endowments Research Trust

   1. Section 38 – Scottish Hospital Endowments Research Trust

   2. Part 7: General

      1. Section 39 – Ancillary provisions

      2. Section 40 – Regulations or orders

      3. Section 41 – Interpretation

      4. Section 42 – Minor and consequential amendments and repeals

      5. Section 43 – Short title and commencement

   3. Schedule 1 - Fixed Penalty for Offences under Sections 1, 2 and 3

   4. Schedule 2 – Minor and Consequential Amendments

   5. Schedule 3 - Repeals

      1. Parliamentary History