2016 No. 22 (C. 4)

Public Health

The Public Services Reform (Scotland) Act 2010 (Commencement No. 7) Order 2016

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by section 134(7) of the Public Services Reform (Scotland) Act 20101.

Citation, commencement and interpretation1

1

This Order may be cited as the Public Services Reform (Scotland) Act 2010 (Commencement No. 7) Order 2016 and comes into force on 1st April 2016.

2

In this Order, “the Act” means the Public Services Reform (Scotland) Act 2010.

Appointed days2

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 1st April 2016.

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 1st April 2017.

3

Where a purpose is specified in column 3 of either table, a provision mentioned in column 1 comes into force in accordance with paragraph (1) or paragraph (2), as applicable, only for that purpose.

SHONA ROBISONA member of the Scottish GovernmentSt Andrew’s House,Edinburgh

SCHEDULE 1Provisions coming into force on 1st April 2016

Article 2(1)

Column 1

(provisions of the Act)

Column 2

(subject matter)

Column 3

(purposes)

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 clinic2

Healthcare: scrutiny and improvement

For all purposes, with the exception of Healthcare Improvement Scotland’s functions relating to

  1. a

    independent medical agencies; and

  2. b

    independent ambulance services3

SCHEDULE 2Provisions coming into force on 1st April 2017

Article 2(2)

Column 1

(provisions of the Act)

Column 2

(subject matter)

Column 3

(purposes)

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—

  1. a

    independent medical agencies; and

  2. b

    independent ambulance services

EXPLANATORY NOTE

(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 and private psychiatric hospitals. The effect of this Order is that HIS’s functions in relation to independent clinics are commenced. The insertion of section 10Z9(1)(a) is not commenced until 1st April 2017 so that, while independent clinics will be subject to regulation by HIS from 1st April 2016 and can be registered from that date, it is not an offence not to register. The offence provision comes into force on 1st April 2017.

Sections 103, 109, 132, 133 and 134 of the Act came into force on Royal Assent (28th April 2010).

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(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 to S.S.I. 2011/30

31st January 2011

22011/30

Section 13 (partially) for the purposes of the amendment in Schedule 2 to S.S.I. 2011/30

1st April 2011

22011/30

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

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 to S.S.I. 2011/30

31st January 2011

22011/30

Paragraph 9 of schedule 4 (partially) for the purposes of amendments in Schedule 1 to S.S.I. 2011/30

31st January 2011

22011/30

Paragraphs 2, 3, 8, 10, 11, 12, 13, 15 and 20 to 33 of schedule 4

31st January 2011

22011/30

Paragraphs 4 to 7, 14 and 16 to 19 of schedule 4

1st April 2011

22011/30

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