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      SCOTTISH STATUTORY INSTRUMENTS


      1999 No. 90 (C. 66)

      NATIONAL HEALTH SERVICE

      The Health Act 1999 (Commencement No. 4) Order 1999

        Made 29th September1999 

      The Scottish Ministers, in exercise of the powers conferred on them bysection 67(1) of the Health Act 1999[1] and of all other powersenabling them in that behalf, hereby make the following Order:

      Citation, interpretation and extent
           1.  - (1) This Order may be cited as the Health Act 1999 (Commencement No. 4)Order 1999.

          (2) In this Order, "the Act" means the Health Act 1999.

          (3) This Order extends to Scotland only.

      Appointed day
          
      2. 1st October 1999 is the day appointed for the coming into force of-

        (a) the provisions specified in column 1 of Schedule 1 to this Order (whichrelate to the matters specified in column 2 of that Schedule);

        (b) in Schedule 4 to the Act (amendments of enactments), paragraphs 1, 2,42, 43, 44, 45, 46, 47, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 70, 71,85(1), (3) and (4) and 88;

        (c) the repeals in Schedule 5 to the Act as specified in Schedule 2 to thisOrder.


      IAIN GRAY
      Authorised to sign by the Scottish Ministers

      St Andrew's House, Edinburgh
      29th September 1999



      SCHEDULE 1
      Article 2


      PROVISIONS OF THE ACT COMING INTO FORCE ON 1st OCTOBER 1999


      Column 1 Column 2
      Provision of the Act Subject Matter
      Section 45 Repeal of law about fundholding practices
      Section 46 Establishment orders
      Section 47 Directions as to delegation of functions
      Section 48 Constitution of NHS trust boards
      Section 49 Duties of NHS trusts
      Section 50 Transfer of staff among health service bodies
      Section 51 Duty of quality
      Section 52 Expenditure of Health Boards and other bodies
      Section 53 Public dividend capital
      Section 54 Existing NHS trusts: conversion of initial loan
      Section 55 Borrowing
      Section 57 Remuneration for Part II services
      Section 62 Regulations and orders
      Section 63 Supplementary and consequential provision, etc
      Section 64 Interpretation
      Section 65 (so far as it relates to the provisions of Schedule 4 to theAct which are specified in Article 2(b) of this Order and the provisions ofSchedule 5 to the Act which are specified in Schedule 2 to this Order). Amendments and repeals



      SCHEDULE 2
      Article 2


      REPEALS IN SCHEDULE 5 TO THE ACT COMING INTO FORCE ON 1st OCTOBER 1999


      Chapter Short Title Extent of repeal
      1966 c.8 The National Health Service Act 1966 Section 10.
      1973 c.65 The Local Government (Scotland) Act 1973 In section 97, in paragraph (a) of subsection (2), sub-paragraph (iii),subsection (2A) and in subsection (2B) the definitions of "recognisedfund-holding practice" and "allotted sum".
      1978 c.29 The National Health Service (Scotland) Act 1978 Section 12E(5) and (6).
          In section 17A, subsection (2)(d) and (j) and, in subsection (3),paragraph (a) and "and" following it.
          Section 17E(4).
          Section 86(1A), (1C) and (5).
          Sections 87A to 87D.
          In Schedule 7A, paragraph 6(2), in paragraph 16(c) the words from"which purposes shall include" to the end, in paragraph 22(1), "orHealth Authority" and, in paragraph (c), the words following "HealthBoard" and paragraph 23.
          In Schedule 7B, paragraphs 1(3) to (5), 3(2) and 5(2).
          In Schedule 16, paragraph 22
      1985 c.42 The Hospital Complaints Procedure Act 1985 In section 1, in subsection (1), the words from "under" to"functions)" and "for the management of" and, in subsection (1A),"for the management of".
      1993 c.46 The Health Service Commissioners Act 1993 Section 3(1B). In section 19, the definitions of "allotted sum" and"recocognised fund holding practice".
      1997 c.46 The National Health Service (Primary Care) Act 1997 Section 14Section 19.

      EXPLANATORY NOTE

      (This note is not part of the Order)

      This Order brings into force, in relation to Scotland, certainprovisions of the Health Act 1999 ("the 1999 Act").

      The provisions which are brought into force on 1st October 1999 relateto the abolition of GP fund-holding practices (section 45), NHS trusts(sections 46 to 49), the transfer of staff among health service bodies(section 50), the placing of a duty of quality of care on the NHS inScotland (section 51), expenditure of the Health Boards and other bodies(section 52), NHS trust financial provisions (sections 53 to 55), andremuneration for services under Part II of the National Health Service(Scotland) Act 1978 (c.29) (section 57). The Order also brings into forceon 1st October 1999 provisions which deal with regulations (section 62),supplementary and consequential provisions etc. (section 63) andinterpretation (section 64) and a number of amendments to enactments(specified in Schedule 4 to the 1999 Act) and repeals (specified inSchedule 5 to the 1999 Act).

      NOTE AS TO EARLIER COMMENCEMENT ORDERS

      (This Note is not part of the Order)

      The following provisions of the Health Act 1999 have been, or are tobe, brought into force by commencement order made before the date of thisOrder:

      Provision Date of Commencement S.I. No.
      s.1 as to England 1.10.99 1999/2540
      s.2 as to England    
      (partially) 8.9.99 1999/2342
      (remainder) 4.1.00 1999/2342
      s.3 as to England 1.4.00 1999/2342
      s.4 as to England    
      (partially) 1.9.99 1999/2342
      (remainder) 1.4.00 1999/2342
      s.5 as to England (partially) 4.1.00 1999/2342
      s.6(1) as to England 4.1.00 1999/2342
      s.7 as to England 4.1.00 1999/2342
      s.8 as to England 1.9.99 1999/2342
      s.11 as to England (partially) 1.9.99 1999/2342
      s.12 as to England    
      (partially) 1.9.99 1999/2342
      (remainder) 4.1.00 1999/2342
      s.13 as to England 1.10.99 1999/2540
      s.14 as to England 1.10.99 1999/2540
      s.15 to 17 as to England 1.9.99 1999/2342
      s.33(1) to (6) (partially) 1.9.99 1999/2177
      s.34 (partially) 3.8.99 1999/2177
      (remainder) 1.11.99 1999/2177
      s.36 (partially) 3.8.99 1999/2177
      s.37 (partially) 3.8.99 1999/2177
      (1) to (9) (remainder) 1.11.99 1999/2177
      s.38(6) (partially) 3.8.99 1999/2177
      (partially) 1.9.99 1999/2177
      (partially) 1.11.99 1999/2177
      s.42 to 44 as to England and Wales 1.10.99 1999/2540
      s.62 (partially) 3.8.99 1999/2177
      s.63 (partially) 3.8.99 1999/2177
      s.64 (partially) 3.8.99 1999/2177
      s.65(1) (partially) 1.9.99 1999/2342
      as to England and Wales    
      (partially) 4.1.00 1999/2342
      as to England and Wales    
      (partially) 1.4.00 1999/2342
      as to England and Wales 1.10.99 1999/2540
      (partially) 4.1.00 1999/2540
      s.65(2) as to England and Wales 1.10.99 1999/2540
      (partially)    
      Schedule 1 (partially) 8.9.99 1999/2342
      (partially) 4.1.00 1999/2342
      (remainder) 1.4.00 1999/2342
      Schedule 4 as to England (unless otherwise specified)-    
      paragraphs 1 and 3 4.1.00 1999/2342
      paragraph 4 (partially) 1.9.99 1999/2342
      (partially) 4.1.00 1999/2342
      (partially) 1.4.00 1999/2342
      paragraph 5 4.1.00 1999/2342
      paragraph 6 1.9.99 1999/2342
      paragraph 7 4.1.00 1999/2342
      paragraph 8 (partially) 1.10.99 1999/2540
      paragraph 9 (partially) 1.9.99 1999/2342
      (remainder) 4.1.00 1999/2342
      paragraphs 10 and 11 4.1.00 1999/2342
      paragraph 12 (partially) 1.9.99 1999/2342
      (remainder) 4.1.00 1999/2342
      paragraphs 13 and 23 4.1.00 1999/2342
      paragraph 15 1.10.99 1999/2540
      paragraph 16 4.1.00 1999/2540
      paragraph 24 1.9.99 1999/2342
      paragraph 25 4.1.00 1999/2342
      paragraph 26 1.9.99 1999/2342
      paragraph 27 (partially) 4.1.00 1999/2342
      paragraph 27(a) (partially) 1.10.99 1999/2540
      paragraphs 28 and 29 4.1.00 1999/2342
      paragraph 30 (partially) 1.9.99 1999/2342
      (remainder) 4.1.00 1999/2342
      paragraph 31 (partially) 1.9.99 1999/2342
      (remainder) 1.4.00 1999/2342
      paragraph 32 1.9.99 1999/2342
      paragraph 33 1.4.00 1999/2342
      paragraph 34 (partially) 1.9.99 1999/2342
      (remainder) 4.1.00 1999/2342
      paragraph 35 1.4.00 1999/2342
      paragraph 37 (partially) 1.9.99 1999/2342
      (remainder) 4.1.00 1999/2342
      paragraph 38 (partially) 1.9.99 1999/2342
      (remainder) 4.1.00 1999/2342
      paragraph 39 1.9.99 1999/2342
      paragraph 40 4.1.00 1999/2342
      paragraph 71 (partially) 4.1.00 1999/2342
      paragraph 71 (remainder) 1.10.99 1999/2540
      paragraph 73 as to England and Wales 1.4.00 1999/2342
      paragraph 74 (partially) 1.9.99 1999/2342
      as to England and Wales (partially) 4.1.00 1999/2342
      as to England and Wales (partially) 1.4.00 1999/2342
      paragraph 75 1.9.99 1999/2342
      paragraph 76 (partially) 1.9.99 1999/2342
      as to England and Wales (partially) 4.1.00 1999/2342
      paragraphs 77, 78 and 79 4.1.00 1999/2342
      paragraph 81 (partially) 4.1.00 1999/2342
      paragraph 82 as to England and Wales 1.4.00 1999/2342
      paragraph 83 (partially) 1.9.99 1999/2342
      (partially) 4.1.00 1999/2342
      paragraph 83 (partially) 1.10.99 1999/2540
      paragraph 84 1.9.99 1999/2342
      paragraph 85 as to England and Wales (partially) 4.1.00 1999/2342
      paragraph 85 (partially) 1.10.99 1999/2540
      paragraph 86 as to England and Wales 1.4.00 1999/2342
      paragraph 86 (partially) 1.10.99 1999/2540
      paragraph 87 4.1.00 1999/2342
      paragraph 88 (partially) 1.9.99 1999/2342
      (partially) 4.1.00 1999/2342
      paragraph 88 (partially) 1.10.99 1999/2540
      paragraph 89 4.1.00 1999/2342
      paragraph 90 1.10.99 1999/2540
      Schedule 5 (partially) 1.10.99 1999/2540

      [1] 1999 c.8. The functions of the Secretary of State weretransferred to the Scottish Ministers by virtue of section 53 of theScotland Act 1998 (c.46)back


      ISBN 0 11 059176 3


 



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Prepared 25 October 1999
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