The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Commencement No. 4) Amendment Order 2004

Made: 2nd February 2004

The Scottish Ministers, in exercise of the powers conferred by section 21(2) and (3) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003[^f00001], and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and interpretation

1

• (1) This Order may be cited as the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Commencement No. 4) Amendment Order 2004.

• (2) In this Order, “the 2003 Order” means the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Commencement No. 4) Order 2003[^f00002].

Amendment of the 2003 Order

2

• (1) For article 1(2) of the 2003 Order, substitute–

(2) In this Order– - “the Act” means the Public Appointments and Public Bodies etc. (Scotland) Act 2003; and - “the main transfer of Trust property” has the same meaning as in the Scottish Hospital Trust (Transfer of Property) Regulations 2004[^f00003].

• (2) For article 2(3) of the 2003 Order, substitute–

(3) The day appointed for the coming into force of section 5(1) is– (a) 12th February 2004 for the purpose of the transfer to and vesting in Health Boards of the property comprised in the main transfer of Trust property; and (b) 31st March 2004 for all other purposes.

Signed

MALCOLM CHISHOLM — A member of the Scottish Executive — 2nd February 2004

Explanatory note

(This note is not part of the Order)

This Order amends the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Commencement No. 4) Order 2003 (“the 2003 Order”).

Article 2 (3) of the 2003 Order provides that section 5(1) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (“the Act”) should come into force on 12th February 2004 in relation to the transfer to and vesting in the Health Boards of the main transfer of Trust property within the meaning of regulation 2(1) of the Scottish Hospital Trust (Transfer of Property) Regulations 2004 (“the 2004 Regulations”), and on 31st March 2004 for all other purposes.

The 2004 Regulations were not made when the 2003 Order was made, but have since been made. In order to cure any potential defect from such a forward reference, this Order substitutes new articles 1(2) and 2(3) which refers to the 2004 Regulations as made. The dates appointed for the coming into force of section 5(1) of the Act remain the same.

Footnotes

[^f00001]: 2003 asp 4.

[^f00002]: S.S.I. 2003/602.

[^f00003]: S.S.I. 2004/46.

[^f00004]: The provisions of article 2(3) of S.S.I. 2003/602 are substituted by article 2(2) of this Order.