LegalizeThe Public Services Reform (Scotland) Act 2010 (Commencement No. 4) Order 2011
Made: 18th February 2011
The Scottish Ministers make the following Order in exercise of the powers conferred by section134(7) of the Public Services Reform (Scotland) Act 2010[^f00001] and all other powers enabling them to do so.
Citation
1
This Order may be cited as the Public Services Reform (Scotland) Act 2010 (Commencement No. 4) Order 2011.
Appointed day
2
- (1) The day appointed for the coming into force of the provisions of the Public Services Reform (Scotland) Act 2010 specified in column1 of the table in the Schedule to this Order (the subject matter of which is specified in column2 of that table) is 1stApril 2011.
- (2) Where a purpose is specified in column 3 of that table, a provision mentioned in column1 comes into force in accordance with paragraph(1) only for that purpose.
SCHEDULE
| Column1 (provisions of the Act) | Column2 (subject matter) | Column 3 (purpose) |
|---|---|---|
| Sections44 to 106 insofar as these sections are not already commenced. | Social care and social work; scrutiny and improvement. | |
| Sections108 to 110 insofar as these sections are not already commenced. | Health care: scrutiny and improvement. | For all purposes, with the exception of Healthcare Improvement Scotland’s functions relating to— independent clinics; independent medical agencies; and independent ambulance services[^f00002]. |
| Section111 insofar as that section is not already commenced. | The Mental Welfare Commission for Scotland. | |
| Sections115 to 117 insofar as these sections are not already commenced. | Joint inspections. | |
| Schedule11 insofar as type=start slip=2011-11-01 time=1320675040706that schedule is nottype=end slip=2011-11-01 time=1320675040706 already commenced. | Social Care and Social Work Improvement Scotland: establishment etc. | |
| Schedule12 insofar as that schedule is not already in force. | Care services definitions. | |
| Schedule 14, with the exception of paragraph 35(a), insofar as that schedule is not already in force | Social Care and Social Work Improvement Scotland: modification of enactments. | |
| Schedule16 insofar as that schedule is not already in force. | Healthcare Improvement Scotland: establishment, etc. | |
| Schedule17 insofar as that schedule is not already in force. | Healthcare Improvement Scotland: modification of enactments. | |
| Schedule18 insofar as that schedule is not already in force. | The Mental Welfare Commission for Scotland: modifications of the Mental Health (Care and Treatment) (Scotland) Act 2003[^f00003]. |
Signed
S ROBISON — Authorised to sign by the Scottish Ministers — 18th February 2011
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
Sections 103, 109, 132, 133 and 134 of the Public Services Reform (Scotland) Act 2010 (“the Act”) came into force on Royal Assent. The Public Services Reform (Scotland) Act 2010 (Commencement No. 1) Order 2010, the Public Services Reform (Scotland) Act 2010 (Commencement No. 2) Order 2010 and the Public Services Reform (Scotland) Act 2010 type=start slip=2011-11-01 time=1320675147380(Commencement No. 3) Order 2011 broughttype=end slip=2011-11-01 time=1320675147380 other provisions of the Act into force on 1st July 2010, 1st August 2010, 1st October 2010, 31st January 2011 and 1st April 2011 (for further detail see the note as to earlier commencement orders).
This Order brings the following provisions into force, insofar as they were not already in force (see the note as to earlier commencement orders), on 1st April 2011:
- (a) Sections 44 to 106; which relate to social care and social work: scrutiny and improvement– in particular they establish the new body Social Care and Social Work Improvement Scotland (“SCSWIS”);
- (b) Sections 108 to 110; which relate to health care: scrutiny and improvement – in particular they establish the new body Health Improvement Scotland (“HIS”). HIS’s functions will initially be limited to independent hospitals and private psychiatric hospitals so their functions relating to the other independent healthcare services are not commenced at this time;
- (c) Section 111 which makes amendments to the Mental Health (Care and Treatment) Act 2003;
- (d) Section 115 to 117 which establishes a new regime for joint inspections of children’s and other services;
- (e) Schedule 11 which makes further provision regarding the establishment of SCSWIS;
- (f) Schedule 12 which provides definitions of various care services;
- (g) Schedule 14, with the exception of paragraph 35(a) (the amendment made in that sub-paragraph has been superseded by the amendment in article 4 of S.S.I. 2010/240), which makes modifications to enactments in light of the establishment of SCSWIS;
- (h) Schedule 16 which makes further provision regarding the establishment of HIS;
- (i) Schedule 17 which makes modifications to enactments in light of the establishment of HIS; and
- (j) Schedule 18 which makes modifications to the Mental Health (Care and Treatment) (Scotland) Act 2003 regarding changes to the operation of the Mental Welfare Commission.
Footnotes
[^f00001]: 2010 asp 8.
[^f00002]: “Independent clinic”, “independent medical agency” and “independent ambulance service” all have the meaning given to them type=start slip=2011-11-01 time=1320675113473in section 10F(2)type=end slip=2011-11-01 time=1320675113473 of the National Health Service (Scotland) Act 1978 (c. 29).
[^f00003]: 2003 asp 13.
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