2007 No. 218 (C. 20)

NATIONAL HEALTH SERVICE

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

Made

Coming into force

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 20051, hereby make the following Order:

Citation and interpretation1

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 days2

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 MACDONALDAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

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

Article 2

Column 1

Column 2

Column 3

Provisions of the Act

Subject matter

Purpose

Section 42(2)

Repeals

Only for the purpose of bringing into force the provisions in Schedule 3 of the Act specified in this schedule.

Schedule 3

Repeals

Only for the purpose of bringing into force the repeal specified in the Table below.

Table of Repeals

Enactment

Extent of repeal

Health and Medicines Act 1988 (c. 49)

Section 8

(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”).

(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:–

Provision

Date of Commencement

S.S.I.No.

Sections 11, 16, 28 to 32, 36 and 37

17th October 2005

2005/492

Section 42(1) and (2) (partially)

17th October 2005

Paragraphs 1 and 2(1) of schedule 2

17th October 2005

Schedule 3 (partially)

17th October 2005

Sections 3(3) and 4(2), (3) and (7)

1st November 2005

2005/492

Section 6 (partially)

1st November 2005

Section 38

1st 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 2

1st November 2005

Schedule 3 (partially)

1st November 2005

Section 4(6), (8) and (9)

16th December 2005

2005/642

Section 35

19th December 2005

2005/492

Section 4

7th February 2006

2006/47

Sections 12, 13, 19, 26 and 27 (partially)

7th March 2006

2006/121

Sections 1 to 10 and Schedule 1

26th March 2006

2005/492

Sections 12 and 13

1st April 2006

2005/492

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 2006

2006/121

Sections 26(2)(c)(ii), 26(2)(e)(ii), 26(3)(c), 26(4)(b) and 26(7)(d) (partially)

1st April 2006

Section 27

1st April 2006

Section 42(1) and (2) (partially)

1st April 2006

2005/492

Paragraphs 2(5), (10) to (14) of Schedule 2

1st April 2006

2006/121

Paragraph 2(19)(a)(ii) of Schedule 2

1st April

2005/492

Paragraph 2(20) of Schedule 2

1st April

2006/121

Schedule 3 (partially)

1st April