LegalizeThe National Health Service and Community Care Act 1990 (Commencement No.3 and Transitional Provisions) (Scotland) Order 1990
Made: 28th August 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. 3 and Transitional Provisions) (Scotland) Order 1990.
- (2) In this Order–
- (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];
- (3) In this Order, unless the context requires otherwise, any reference to a section is to a section of the Act and reference to a Schedule is to a Schedule to this Order.
Appointed days
2
- (1) 17th September 1990 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of Schedule I.
- (2) 1st January 1991 is the day appointed for the coming into force of sections 38 (Scottish Medical Practices Committee) and 39 (Distribution of general medical services) and section 66(2) and Schedule 10 to the Act insofar as they relate to the repeal of section 23(7) of the 1978 Act.
- (3) 31st March 1991 is the day appointed for the coming into force of sub-sections (1) and (2) of section 27 so far as those provisions have effect in relation to members of a Health Board or the management committee of the Common Services Agency for the Scottish Health Service.
- (4) 1st April 1991 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of Schedule II.
- (5) 31st March 1992 is the day appointed for the coming into force of sub-sections (1) and (2) of section 27 insofar as not already in force.
- (6) 1st April 1992 is the day appointed for the coming into force of section 35.
Transitional provisions
3
Where, prior to 1st January 1991, the Medical Practices Committee has refused an application made under section 20 of the 1978 Act or has granted such an application subject to a condition which excludes the provision of general medical services in a part or parts of the area of a Health Board, sections 23(5), (7) and (8) and 24 of the 1978 Act shall, in relation to that refusal or grant, have effect as if section 39(4) to (7) of the Act had not come into force.
SCHEDULE I — PROVISIONS OF THE ACT COMING INTO FORCE ON 17TH SEPTEMBER 1990
| Column 1 | Column 2 |
|---|---|
| Provision of the Act | Subject Matter |
| In Section 27—subsection (3) | Health Boards, the Common Services Agency and state hospitals |
| Section 28 | Special Health Boards |
| Section 29 insofar as not already in force | Abolition of Scottish Health Service Planning Council and amendments in relation to local consultation committees |
| Section 34 in relation to the provisions of section 87A and of section 87B(1) (insofar as section 87B(1) provides for the meaning of “recognised fund—holding practice” and “allotted sum”), to be inserted into the 1978 Act | Fund-holding practices—recognition |
| In section 36, subsection (2) to (8) | Accounts and audit of NHS trust and fund-holding practices |
| Section 37 | Relationship of Health Boards and medical practitioners (references to “relevant Health Board”) |
| Section 40 | Limitations on the right to be included in the list of dental practitioners |
| Section 41 | Schemes for meeting losses and liabilities etc. of certain health service bodies |
| Section 66(1) so far as it relates to the provisions of Schedule 9 to the Act referred to in this Schedule | Minor and consequential amendments |
| Section 66(2) so far as it relates to repeal of those enactments specified in Schedule 10 to the Act referred to in this Schedule | Repeals |
| Schedule 5 | Amendments in relation to Health Boards, the Common Services Agency and state hospitals |
| Schedule 9 insofar as it relates to the following provisions of paragraph 19:—sub-paragraphs (1) to (3), (6), (7)(insofar as not already in force), (8), (15), (20) and (22)(a) and (e). | Minor and consequential amendments |
| Schedule 10 in so far as it relates to the following enactments — | Repeals |
| In the 1978 Act, sections 5 and 6, 10(4), 85(1)(a), 108(1), and Schedule 3 | |
| In the Health and Medicines Act 1988[^f00003] Schedule 2, paragraph 11 |
SCHEDULE II — PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST APRIL 1991
| Column 1 | Column 2 |
|---|---|
| Provision of the Act | Subject Matter |
| Section 30 | NHS Contracts |
| Section 34, insofar as not already in force | Fund-holding practices of general medical practitioners |
| Section 66(1) and Schedule 9 insofar as they relate to Paragraph 19(22)(c) (insofar as not already in force) and (23) | Minor and consequential amendments |
| Section 66(2) and Schedule 10 insofar as they relate to sections 7(2) and 57(3) of the 1978 Act | Repeals |
Signed
Sanderson of Bowden — Minister of State, Scottish Office — 28th August 1990
Explanatory note
(This note is not part of the Order)
This Order brings into force on various dates provisions of Part II (the National Health Service: Scotland) and Part V (Miscellaneous and General) of, and of Schedules 5, 9 and 10 to, the National Health Service and Community Care Act 1990 relating to Scotland. The Order also contains a transitional provision relative to appeals from certain decisions of the Scottish Medical Practices Committee made before 1st January 1991.
The provisions are brought into force on 17th September 1990 and 1st January, 31st March and 1st April 1991 and 31st March and 1st April 1992.
Footnotes
[^f00001]: 1990 c. 19.
[^f00002]: 1978 c. 29.
[^f00003]: 1988 c. 49.
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