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Statutory Instruments

1994 No. 2658 (C.57) (S.136)

NATIONAL HEALTH SERVICE, SCOTLAND

The National Health Service and Community Care Act 1990 (Commencement No.11) (Scotland) Order 1994

Made

10th October 1994

The Secretary of State, in exercise of the powers conferred on him by section 67(2) of the National Health Service and Community Care Act 1990((1)) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the National Health Service and Community Care Act 1990 (Commencement No.11) (Scotland) Order 1994.

(2) In this Order, “the Act” means the National Health Service and Community Care Act 1990.

Days appointed

2.  24th October 1994 is appointed as the day for the coming into force of–

(a)section 36(1) of the Act (accounts and audit of NHS trusts and fund-holding practices), so far as it relates to the provisions of Schedule 7 to the Act specified in paragraphs (b) and (c) below;

(b)paragraph 1 of Schedule 7 to the Act (amendments relating to audit of accounts of Scottish health service bodies), so far as it relates to the provisions specified in paragraph (c) below; and

(c)sub-paragraphs (2)(d) and (6) of paragraph 3 of that Schedule, and sub-paragraph (1) of that paragraph so far as it relates to those sub-paragraphs.

3.  1st December 1994 is appointed as the day for the coming into force of–

(a)section 36(1) of the Act, so far as it relates to the provisions of Schedule 7 to the Act specified in paragraphs (b) to (e) below;

(b)paragraph 1 of Schedule 7 to the Act, so far as it relates to the provisions specified in paragraphs (c) to (e) below;

(c)paragraph 2 of that Schedule;

(d)sub-paragraphs (2)(a) to (c) and (5) of paragraph 3 of that Schedule, and sub-paragraph (1) of that paragraph so far as it relates to those sub-paragraphs; and

(e)paragraphs 13 and 15 of that Schedule.

4.  1st April 1995 is appointed as the day for the coming into force of–

(a)section 36(1) of, and Schedule 7 to, the Act (so far as not then in force);

(b)section 66(2) of the Act, so far as it relates to the provisions of Schedule 10 to the Act specified in paragraph (c) below; and

(c)in Schedule 10 to the Act (repeals), the repeals of–

(i)section 86(2) of the National Health Service (Scotland) Act 1978((2)); and

(ii)section 36(5) of the Act.

J Allan Stewart

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

10th October 1994

Explanatory Note

(This note is not part of the Order)

This Order brings into force the provisions of section 36(1) of, and Schedule 7 to, the National Health Service and Community Care Act 1990, together with related repeals in Schedule 10 to that Act.

The provisions commenced are concerned with the transfer of responsibility for auditing the accounts of certain health service bodies in Scotland to the Commission for Local Authority Accounts in Scotland (which is renamed the Accounts Commission for Scotland). Transfer of that responsibility takes effect as at 1st April 1995.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

This Order has been preceded by eleven earlier Orders entitled respectively:

These Orders brought into force at various dates provisions of Parts I to V of, and Schedules 1 to 6 and 8 to 10 to, the National Health Service and Community Care Act 1990. A note as to those Orders listing the provisions brought into force by them may be obtained free of charge on application to the Department of Health at Room 529, New Court, 48 Carey Street, London WC2A 2LS.