LegalizeThe 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[^f00001] 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.
SCHEDULE 1 — 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 — 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. |
Signed
IAIN GRAY — Authorised to sign by the Scottish Ministers — 29th September 1999
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).
Footnotes
[^f00001]: 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)
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