Scottish Statutory Instruments
Public Health
Made
24th April 2024
Laid before the Scottish Parliament
26th April 2024
Coming into force
19th June 2024
The Scottish Ministers make the following Order in exercise of the powers conferred by section 134(7) of the Public Services Reform (Scotland) Act 2010(1).
1.—(1) This Order may be cited as the Public Services Reform (Scotland) Act 2010 (Commencement No. 8) Order 2024 and comes into force on 19 June 2024.
(2) In this Order, “the Act” means the Public Services Reform (Scotland) Act 2010.
2.—(1) Subject to paragraph (3), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in schedule 1 (the subject matter of which is specified in column 2 of that table) is 19 June 2024.
(2) Subject to paragraph (3), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in schedule 2 (the subject matter of which is specified in column 2 of that table) is 19 June 2025.
(3) A provision in column 1 of either table comes into force in accordance with paragraph (1) or paragraph (2) only for the purpose specified in column 3.
JENNI MINTO
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
24th April 2024
Article 2(1)
| Column 1 (provisions of the Act) | Column 2 (subject matter) | Column 3 (purpose) |
|---|---|---|
| Sections 108 to 110 insofar as those sections are not already in force, with the exception of the insertion of section 10Z9(1)(a) of the National Health Service (Scotland) Act 1978 as that section applies to persons providing an independent medical agency(2). | Healthcare: scrutiny and improvement | For all purposes, with the exception of Healthcare Improvement Scotland’s functions relating to independent ambulance services (3). |
Article 2(2)
| Column 1 (provisions of the Act) | Column 2 (subject matter) | Column 3 (purpose) |
|---|---|---|
| Sections 108 to 110 insofar as those sections are not already in force. | Healthcare: scrutiny and improvement | For all purposes, with the exception of Healthcare Improvement Scotland’s functions relating to independent ambulance services. |
(This note is not part of the Order)
This Order brings sections 108 to 110 of the Public Services Reform (Scotland) Act 2010 (“the Act”) further into force with certain exceptions. Sections 108 to 110 relate to health care. Scrutiny and improvement and have already been commenced as regards Healthcare Improvement Scotland’s (“HIS”) functions in relation to independent hospitals, private psychiatric hospitals and independent clinics. The effect of this Order is that HIS’s functions in relation to independent medical agencies are commenced. The insertion of section 10Z9(1)(a) of the National Health Service (Scotland) Act 1978 by section 108 of the Act is not commenced until 19 June 2025 so that, while independent medical agencies will be subject to regulation by HIS from 19 June 2024 and can be registered from that date, it is not an offence not to be registered. The offence provision comes into force on 19 June 2025.
Sections 103, 109, 132, 133 and 134 of the Act came into force on Royal Assent (28th April 2010).
(This note is not part of the Order)
The following provisions of the Act were brought into force by commencement orders made before the date of this Order:
| Provision | Date of Commencement | S.S.I. No. |
|---|---|---|
| Sections 1 to 12 except section 3 | 1st August 2010 | 2010/221 |
| Section 3 | 15th August 2011 | 2011/278 |
| Section 13 (partially) for the purposes of the amendments and repeals commenced in schedule 1 of S.S.I. 2011/30 | 31st January 2011 | 2011/30 |
| Section 13 (partially) for the purposes of the amendment in schedule 2 of S.S.I. 2011/30 | 1st April 2011 | 2011/30 |
| Sections 14 to 30 | 1st August 2010 | 2010/221 |
| Sections 31 to 35 | 1st October 2010 | 2010/321 |
| Sections 36 to 43 | 1st July 2010 | 2010/221 |
| Section 44 (partially) for the purpose of making appointments | 1st August 2010 | 2010/221 |
| Sections 44 to 102 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Sections 104 to 106 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Section 44 to 106 insofar as not already in force | 1st April 2011 | 2011/122 |
| Section 107 | 1st August 2010 | 2010/221 |
| Section 108 (partially) for the purpose of making appointments | 1st August 2010 | 2010/221 |
| Section 110(1) (partially) for the purpose of making appointments | 1st August 2010 | 2010/221 |
| Sections 108 to 110 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Sections 108 to 110 insofar as not already in force, with the exception of Healthcare Improvement Scotland’s functions relating to independent clinics, independent medical agencies and independent ambulance services | 1st April 2011 | 2011/122 |
| Sections 108 to 110 (insofar as those sections are not already in force), with the exception of the insertion of section 10Z9(1)(a) of the National Health Service (Scotland) Act 1978 as that section applies to persons providing an independent clinic. The provisions are brought into force for all purposes, with the exception of Healthcare Improvement Scotland’s functions relating to independent medical agencies and independent ambulance services | 1st April 2016 | 2016/22 |
| Sections 108 to 110, insofar as those sections are not already in force, for all purposes, with the exception of Healthcare Improvement Scotland’s functions relating to independent medical agencies and independent ambulance services | 1st April 2017 | 2016/22 |
| Section 111 (partially) for the purpose of making appointments | 1st August 2010 | 2010/221 |
| Section 111 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Section 111 insofar as not already in force | 1st April 2011 | 2011/122 |
| Sections 112 to 114 | 1st October 2010 | 2010/321 |
| Sections 115 to 117 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Sections 115 to 117 insofar as not already in force | 1st April 2011 | 2011/122 |
| Section 118 | 1st October 2010 | 2010/321 |
| Section 119 | 1st August 2010 | 2010/221 |
| Sections 120 to 128 except section 125 | 1st August 2010 | 2010/221 |
| Section 125 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Section 125 insofar as not already in force | 1st November 2012 | 2012/218 |
| Section 129 | 1st August 2010 | 2010/221 |
| Sections 130 and 131 | 15th August 2011 | 2011/278 |
| Schedule 1 | 1st August 2010 | 2010/221 |
| Schedules 2 and 3 | 15th August 2011 | 2011/278 |
| Paragraph 1 of schedule 4 (partially), for the purposes of the amendments in schedule 1 of S.S.I. 2011/30 | 31st January 2011 | 2011/30 |
| Paragraph 9 of schedule 4 (partially) for the purposes of amendments in schedule 1 of S.S.I. 2011/30 | 31st January 2011 | 2011/30 |
| Paragraphs 2, 3, 8, 10, 11, 12, 13, 15 and 20 to 33 of schedule 4 | 31st January 2011 | 2011/30 |
| Paragraphs 4 to 7, 14 and 16 to 19 of schedule 4 | 1st April 2011 | 2011/30 |
| Schedules 5 to 7 | 1st August 2010 | 2010/221 |
| Schedule 8 | 1st October 2010 | 2010/321 |
| Schedules 9 and 10 | 1st July 2010 | 2010/221 |
| Schedule 11 (partially) for the purpose of making appointments | 1st August 2010 | 2010/221 |
| Schedule 11 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Schedule 11 insofar as not already in force | 1st April 2011 | 2011/122 |
| Schedule 12 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Schedule 12 insofar as not already in force | 1st April 2011 | 2011/122 |
| Schedule 13 | 1st October 2010 | 2010/321 |
| Schedule 14 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Schedule 14, with the exception of paragraph 35(a), insofar as not already in force | 1st April 2011 | 2011/122 |
| Schedule 15 | 1st August 2010 | 2010/221 |
| Schedule 16 (partially) for the purpose of making appointments | 1st August 2010 | 2010/221 |
| Schedule 16 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Schedule 16 insofar as not already in force | 1st April 2011 | 2011/122 |
| Schedule 17 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Schedule 17 insofar as not already in force | 1st April 2011 | 2011/122 |
| Schedule 18 (partially) for the purpose of making appointments | 1st August 2010 | 2010/221 |
| Schedule 18 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Schedule 18 insofar as not already in force | 1st April 2011 | 2011/122 |
| Schedules 19 and 20 | 31st October 2010 | 2010/321 |
“independent medical agency” has the meaning given to it in section 10F(2) of the National Health Service (Scotland) Act 1978 (c. 29) (“the 1978 Act”).
“independent ambulance service” has the meaning given to it in section 10F(2) of the 1978 Act.