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Scottish Statutory Instruments

2007 No. 218 (C. 20)

NATIONAL HEALTH SERVICE

The Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No. 5) Order 2007

Made

6th March 2007

Coming into force

1st April 2007

The Scottish Ministers, in exercise of the powers conferred by sections 40(1) and 43(3) and (4) of the Smoking, Health and Social Care (Scotland) Act 2005(1), hereby make the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No. 5) Order 2007.

(2) In this Order–

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

Appointed days

2.  The day appointed for the coming into force of the provisions of the Act specified in column 1 of the Schedule to this Order, in so far as those provisions are not already in force, is 1st April 2007, but only for the purpose specified in column 3 of that Schedule.

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

6th March 2007

Article 2

SCHEDULEProvisions of the Act coming into force on 1st April 2007

Column 1Column 2Column 3
Provisions of the ActSubject matterPurpose
Section 42(2)RepealsOnly for the purpose of bringing into force the provisions in Schedule 3 of the Act specified in this schedule.
Schedule 3RepealsOnly for the purpose of bringing into force the repeal specified in the Table below.

Table of Repeals

EnactmentExtent of repeal
Health and Medicines Act 1988 (c. 49)Section 8

Explanatory Note

(This note is not part of the Order)

This Order appoints 1st April 2007 as the day for the coming into force of the repeal of section 8 of the Health and Medicines Act 1988 (c. 49) specified in schedule 3 to the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) (“the Act”).

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement order made before the date of this Order:–

ProvisionDate of CommencementS.S.I. No.
Sections 11, 16, 28 to 32, 36 and 3717th October 20052005/492
Section 42(1) and (2) (partially)17th October 2005
Paragraphs 1 and 2(1) of schedule 217th October 2005
Schedule 3 (partially)17th October 2005
Sections 3(3) and 4(2), (3) and (7)1st November 20052005/492
Section 6 (partially)1st November 2005
Section 381st November 2005
Section 42(1) and (2) (partially)1st November 2005
Paragraphs 2, 4(1), 5(2) and 12 of schedule 1 (partially)1st November 2005
Paragraph 2(19)(a)(iv) of schedule 21st November 2005
Schedule 3 (partially)1st November 2005
Section 4(6), (8) and (9)16th December 20052005/642
Section 3519th December 20052005/492
Section 47th February 20062006/47
Sections 12, 13, 19, 26 and 27 (partially)7th March 20062006/121
Sections 1 to 10 and Schedule 126th March 20062005/492
Sections 12 and 131st April 20062005/492
Sections 19 and 26(1), (2)(a), (b), (c)(i), (d), (e)(i) and (f), (3)(a), (d) and (e), (4)(a) and (c), (5)(a), (6) and (7)(b)(ii) and (c)1st April 20062006/121
Sections 26(2)(c)(ii), 26(2)(e)(ii), 26(3)(c), 26(4)(b) and 26(7)(d) (partially)1st April 2006
Section 271st April 2006
Section 42(1) and (2) (partially)1st April 20062005/492
Paragraphs 2(5), (10) to (14) of Schedule 21st April 20062006/121
Paragraph 2(19)(a)(ii) of Schedule 21st April2005/492
Paragraph 2(20) of Schedule 21st April2006/121
Schedule 3 (partially)1st April