LegalizeThe Public Services Reform (Scotland) Act 2010 (Commencement No. 7) Order 2016
Made: 14th January 2016
Laid before the Scottish Parliament: 18th January 2016
Coming into force: 1st April 2016
The Scottish Ministers make the following Order in exercise of the powers conferred by section 134(7) of the Public Services Reform (Scotland) Act 2010[^f00001].
Citation, commencement and interpretation
1
- (1) This Order may be cited as the Public Services Reform (Scotland) Act 2010 (Commencement No. 7) Order 2016 and comes into force on 1st April 2016.
- (2) In this Order, “the Act” means the Public Services Reform (Scotland) Act 2010.
Appointed days
2
- (1) Subject to paragraph (3), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in Schedule 1 (the subject matter of which is specified in column 2 of that table) is 1st April 2016.
- (2) Subject to paragraph (3), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in Schedule 2 (the subject matter of which is specified in column 2 of that table) is 1st April 2017.
- (3) Where a purpose is specified in column 3 of either table, a provision mentioned in column 1 comes into force in accordance with paragraph (1) or paragraph (2), as applicable, only for that purpose.
SCHEDULE 1 — Provisions coming into force on 1st April 2016
| Column 1 (provisions of the Act) | Column 2 (subject matter) | Column 3 (purposes) |
|---|---|---|
| Sections 108 to 110 insofar as those sections are not already in force, with the exception of the insertion of section 10Z9(1)(a) of the National Health Service (Scotland) Act 1978 as that section applies to persons providing an independent clinic[^f00002] | Healthcare: scrutiny and improvement | For all purposes, with the exception of Healthcare Improvement Scotland’s functions relating to |
| Sections 108 to 110 insofar as those sections are not already in force, with the exception of the insertion of section 10Z9(1)(a) of the National Health Service (Scotland) Act 1978 as that section applies to persons providing an independent clinic[^f00002] | Healthcare: scrutiny and improvement | independent medical agencies; and independent ambulance services[^f00003] |
SCHEDULE 2 — Provisions coming into force on 1st April 2017
| Column 1 (provisions of the Act) | Column 2 (subject matter) | Column 3 (purposes) |
|---|---|---|
| Sections 108 to 110 insofar as those sections are not already in force. | Healthcare: scrutiny and improvement | For all purposes, with the exception of Healthcare Improvement Scotland’s functions relating to— |
| Sections 108 to 110 insofar as those sections are not already in force. | Healthcare: scrutiny and improvement | independent medical agencies; and independent ambulance services |
Signed
SHONA ROBISON — A member of the Scottish Government — 14th January 2016
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order brings sections 108 to 110 of the Public Services Reform (Scotland) Act 2010 (“the Act”) further into force with certain exceptions. Sections 108 to 110 relate to health care: scrutiny and improvement and have already been commenced as regards Healthcare Improvement Scotland’s (“HIS”) functions in relation to independent hospitals and private psychiatric hospitals. The effect of this Order is that HIS’s functions in relation to independent clinics are commenced. The insertion of section 10Z9(1)(a) is not commenced until 1st April 2017 so that, while independent clinics will be subject to regulation by HIS from 1st April 2016 and can be registered from that date, it is not an offence not to register. The offence provision comes into force on 1st April 2017.
Sections103, 109, 132, 133 and 134 of the Act came into force on Royal Assent (28thApril 2010).
Footnotes
[^f00001]: 2010 asp 8.
[^f00002]: “Independent clinic” has the meaning given in section 10F(2) of the National Health Service (Scotland) Act 1978 (c.29) (“the 1978 Act”).
[^f00003]: “Independent medical agency” and “independent ambulance service” have the meaning given to them in section 10F(2) of the 1978 Act.
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