Citation and interpretation

1.—(1) This Order may be cited as the Community Care and Health (Scotland) Act 2002 (Commencement No. 3) Order 2004.

(2) In this Order–

“the Act” means the Community Care and Health (Scotland) Act 2002; and

“the 1978 Act” means the National Health Service (Scotland) Act 1978(2);

Appointed day

2.—(1) The following provisions of the Act shall come into force on 4th March 2004–

(a)section 19 (representations against preferential treatment);

(b)section 25 (minor and consequential amendments) but only insofar as it relates to the provisions of schedule 2 to the Act specified in sub-paragraphs (c) and (d) below;

(c)in schedule 2 (minor and consequential amendments) paragraphs 2(4)(b)(i), 2(5)(b), 2(7), 2(8)(a), 2(10), 2(11)(a) and 4; and

(d)the provisions of schedule 2 specified in column 1 of the Schedule to this Order, but only for the purposes specified in column 2 of that Schedule.

(2) The following provisions of the Act, so far as not already in force, shall come into force on 1st April 2004–

(a)section 25 but only insofar as it relates to the provisions of schedule 2 mentioned in sub-paragraph (b) below;

(b)in schedule 2 paragraphs 2(4) to (6), (8), (9) and (11).

Article 2(1)(d)

SCHEDULE

Explanatory Note

(This note is not part of the Order)

This Order brings into force further provisions of the Community Care and Health Act 2002 (“the Act”).

Section 19 of the Act is brought into force on 4th March 2004, and makes amendments to the National Health Service (Primary Care) Act 1997 (“the 1997 Act”) relating to representations against preferential treatment on applications to be included in a Health Board or primary care NHS trust’s medical list, and the power of the NHS Tribunal to make directions after inquiry into such representations.

Section 25 (which gives effect to schedule 2 of the Act) is brought into force in so far as it relates to certain paragraphs of schedule 2. The paragraphs of schedule 2 which are brought into force, make amendments to the National Health Service (Scotland) Act 1978 as amended by the provisions of the Health Act 1999 specified in the Article 2(2) of the Health Act 1999 (Commencement No. 14) (Scotland) Order 2004 (S.S.I. 2004/ ) relating to the NHS Tribunal and the disqualification of practitioners. The provisions which are brought into force on 4th March 2004 relate to, or are limited in their purpose to, general amendments to the NHS Tribunal and the disqualification of practitioners, or the application of the NHS Tribunal to, and the disqualification of, practitioners assisting in the provision of services in Scotland. The provisions which are brought into force on 1st April 2004 relate to the application of the NHS Tribunal to, and the disqualification of, practitioners performing services in Scotland.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement order made before the date of this Order:–