LegalizeThe National Health Service and Community Care Act 1990 (Commencement No.2) (Scotland) Order 1990
Made: 18th July 1990
The Secretary of State, in exercise of the powers conferred upon him by section 67(2) and (3) of the National Health Service and Community Care Act 1990[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and interpretation
1
- (1) This Order may be cited as the National Health Service and Community Care Act 1990 (Commencement No. 2) (Scotland) Order 1990.
- (2) In this Order, unless the context otherwise requires or admits–
- (a) “the Act” means the National Health Service and Community Care Act 1990;
- (b) “the 1978 Act” means the National Health Service (Scotland) Act 1978[^f00002];
- (c) “local health council” has the meaning indicated in section 7 of the 1978 Act; and
- (d) “the new LHC provisions” means the provisions of the 1978 Act relating to local health councils as amended by section 29(3)(a) of the Act, and “the existing LHC provisions” means those in force before such amendment;
- (e) “Schedule” means the Schedule to this Order.
Appointed Day
2
24th July 1990 is the day appointed for the coming into force of the following provisions of the Act:–
- (a) in section 29, sub-section 3(a) which relates to local health councils; and
- (b) the provisions of the Act specified in column 1 of the Schedule, being provisions which relate to National Health Service trusts in Scotland.
Transitional and saving
3
- (1) The new LHC provisions shall have effect only in relation to any local health councils established thereunder and shall not apply to any local health councils established under the existing LHC provisions.
- (2) Notwithstanding the terms of this order the existing LHC provisions shall continue to have effect in relation to any local health councils established thereunder.
SCHEDULE — PROVISIONS OF THE ACT RELATING TO NHS TRUSTS COMING INTO FORCE ON 24th JULY 1990
| Column 1 | Column 2 |
|---|---|
| Provision of the Act | Subject Matter |
| In section 29, sub-section (3)(b) and (c) and (4) | Local health councils and University Liaison Committees |
| Section 31 | National Health Service trusts |
| Section 32 | Further provisions relating to NHS trusts |
| Section 33 | Trust property of NHS trusts |
| Section 66(1) so far as it relates to the following provisions of Schedule 9–paragraphs 1, 3, 4, 10(12) and (14)(b), 14, 19(4), (5), (7)(a)(ii), (9) to (14), (16) to (19), (21), (22)(b), (c) (so far as it relates to the definition of “National Health Service trust”) and (d) and (24), 21(c) and 28 | Minor and consequential amendments |
| Schedule 6 | Schedules about NHS trusts to be inserted after Schedule 7 to the 1978 Act. |
Signed
Michael B. Forsyth — Parliamentary Under Secretary of State, Scottish Office — 18th July 1990
Explanatory note
(This note is not part of the Order)
This Order brings into force on 24th July 1990 certain provisions of Part II (the National Health Service: Scotland) and Part V (Miscellaneous and General) of, and of Schedules 6, 9 and 10 to, the National Health Service and Community Care Act 1990. The provisions brought into force relate to local health councils and to National Health Service trusts in Scotland.
Footnotes
[^f00001]: 1990 c. 19.
[^f00002]: 1978 c. 29.
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