The Public Services Reform (Scotland) Act 2010 (Commencement No. 8) Order 2024
Made: 24th April 2024
Laid before the Scottish Parliament: 26th April 2024
Coming into force: 19th June 2024
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. 8) Order 2024 and comes into force on 19 June 2024.
- (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 19 June 2024.
- (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 19 June 2025.
- (3) A provision in column 1 of either table comes into force in accordance with paragraph (1) or paragraph (2) only for the purpose specified in column 3.
SCHEDULE 1 — Provisions coming into force on 19 June 2024
| Column 1 (provisions of the Act) | Column 2 (subject matter) | Column 3 (purpose) |
|---|---|---|
| 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 medical agency[^f00002]. | Healthcare: scrutiny and improvement | For all purposes, with the exception of Healthcare Improvement Scotland’s functions relating to independent ambulance services [^f00003]. |
SCHEDULE 2 — Provisions coming into force on 19 June 2025
| Column 1 (provisions of the Act) | Column 2 (subject matter) | Column 3 (purpose) |
|---|---|---|
| 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 independent ambulance services. |
Signed
JENNI MINTO — Authorised to sign by the Scottish Ministers — 24th April 2024
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, private psychiatric hospitals and independent clinics. The effect of this Order is that HIS’s functions in relation to independent medical agencies are commenced. The insertion of section 10Z9(1)(a) of the National Health Service (Scotland) Act 1978 by section 108 of the Act is not commenced until 19 June 2025 so that, while independent medical agencies will be subject to regulation by HIS from 19 June 2024 and can be registered from that date, it is not an offence not to be registered. The offence provision comes into force on 19 June 2025.
Sections 103, 109, 132, 133 and 134 of the Act came into force on Royal Assent (28th April 2010).
Footnotes
[^f00001]: 2010 asp 8.
[^f00002]: “independent medical agency” has the meaning given to it in section 10F(2) of the National Health Service (Scotland) Act 1978 (c. 29) (“the 1978 Act”).
[^f00003]: “independent ambulance service” has the meaning given to it in section 10F(2) of the 1978 Act.
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