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Scottish Statutory Instruments

2005 No. 492 (C. 25 )

PUBLIC HEALTH

The Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No. 1) Order 2005

Made

4th October 2005

The Scottish Ministers, in exercise of the powers conferred by section 43(3) of the Smoking, Health and Social Care (Scotland) Act 2005(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and interpretation

1.  This Order may be cited as the Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No. 1) Order 2005.

2.  In this Order “the Act” means the Smoking, Health and Social Care (Scotland) Act 2005.

Appointed days

3.  The days appointed for the coming into force of the following provisions of the Act are:–

(a)17th October 2005 for the provisions of the Act specified in column 1 of schedule 1 to this Order but, where a particular purpose is specified in column 3 of that Schedule in relation to that provision, that provision shall only come into force, for the purpose specified in that column;

(b)1st November 2005 for the provisions of the Act specified in column 1 of schedule 2 to this Order but, where a particular purpose is specified in column 3 of that Schedule in relation to that provision, that provision shall only come into force, for the purpose specified in that column;

(c)19th December 2005 for section 35;

(d)26th March 2006 for sections 1 to 10 and Schedule 1, in so far as those provisions are not already in force, and those provisions shall come into force on 0600 hours on that day; and

(e)1st April 2006 for the provisions of the Act specified in column 1 of schedule 2 to this Order but, where a particular purpose is specified in column 3 of that Schedule in relation to that provision, that provision shall only come into force, for the purpose specified in that column.

ANDREW P KERR

A member of the Scottish Executive

St Andrew’s House, Edinburgh

4th October 2005

Article 3(a)

SCHEDULE 1Provisions of the Act coming into force on 17th October 2005

Column 1Column 2Column 3
Provision of the ActSubject matterPurpose
Section 11
Section 16
Sections 28 to 32
Section 36
Section 37
Section 42(1) and (2)Minor and Consequential amendments and repealsOnly for the purposes of bringing into force the provisions of Schedule 2 and 3 to the Act specified in this Schedule.
Schedule 2, paragraphs 1 and 2(1)
Schedule 3RepealsOnly for the purposes of bringing into force the repeals specified in the table in this Schedule.

TABLE

REPEALS

EnactmentExtent of Repeals
Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)In schedule 2, paragraph 4(3)(b) and (6)(b).

Article 3(b)

SCHEDULE 2Provisions of the Act coming into force on 1st November 2005

Column 1Column 2Column 3
Provision of the ActSubject matterPurpose
Section 3(3)
Section 4(2), (3) and (7)
Section 6Only for the purposes of bringing into force the provisions of Schedule 1 to the Act specified in this Schedule.
Section 38
Section 42(1) and (2)Only for the purposes of bringing into force the provisions of Schedules 2 and 3 to the Act specified in this Schedule.
Schedule 1 Paragraphs 2, 4(1), 5(2) and 12Only for the purpose of enabling the Scottish Ministers to make regulations to come into force not earlier than 0600 hours on 26th March 2006
Schedule 2 Paragraph 2(19)(a)(iv)Amendment of the definition of Scottish Hospitals Endowments Research Trust in the National Health Service (Scotland) Act 1978.
Schedule 3RepealsOnly for the purposes of bringing into force the repeals specified in the table in this Schedule.

TABLE

REPEALS

EnactmentExtent of Repeals
Public Finance and Accountability (Scotland) Act 2000 (asp 1)In schedule 4, paragraph 4(2).
Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)In schedule 3, the entry relating to the Scottish Hospital Endowments Research Trust.
Freedom of Information (Scotland) Act 2002 (asp 13)In schedule 1, paragraph 43

Article 3(e)

SCHEDULE 3Provisions of the Act coming into force on 1st April 2006

Column 1Column 2Column 3
Provision of the ActSubject matterPurpose
Section 12
Section 13
Section 42(1)Minor and Consequential amendments and repealsOnly for the purposes of bringing into force the provisions of Schedule 2 to the Act specified in this Schedule.
Schedule 2 Paragraph 2(19)(a)(ii)Amendment of the definition of general medical services contract in the National Health Service (Scotland) Act 1978.

Explanatory Note

(This note is not part of the Order)

This Order brings into force the following provisions of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) (“the Act”):–