The Health Act 1999 (Commencement No. 4) Order 1999

S.S.I. 1999/90 · Made 29 September 1999

NATIONAL HEALTH SERVICE

Made 29th September1999

The Scottish Ministers, in exercise of the powers conferred on them bysection 67(1) of the Health Act 1999^f1 and of all other powersenabling them in that behalf, hereby make the following Order:

Annotations to the whole text

Footnotes

f1: 1999 c. 8. The functions of the Secretary of State weretransferred to the Scottish Ministers by virtue of section 53 of theScotland Act 1998 (c. 46)

1Citation, interpretation and extent
2Appointed day
Signature
Schedule 1PROVISIONS OF THE ACT COMING INTO FORCE ON 1st OCTOBER 1999
Schedule 2REPEALS IN SCHEDULE 5 TO THE ACT COMING INTO FORCE ON 1st OCTOBER 1999
Explanatory note

1Citation, interpretation and extent

(1)

This Order may be cited as the Health Act 1999 (Commencement No. 4)Order 1999.

(2)

In this Order, “the Act” means the Health Act 1999.

(3)

This Order extends to Scotland only.

2Appointed day

1st October 1999 is the day appointed for the coming into force of–

(a)

the provisions specified in column 1 of Schedule 1 to this Order (whichrelate to the matters specified in column 2 of that Schedule);

(b)

in Schedule 4 to the Act (amendments of enactments), paragraphs 1, 2,42, 43, 44, 45, 46, 47, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 70, 71,85(1), (3) and (4) and 88;

(c)

the repeals in Schedule 5 to the Act as specified in Schedule 2 to thisOrder.

Signature

IAIN GRAY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

29th September 1999

Schedule 1PROVISIONS OF THE ACT COMING INTO FORCE ON 1st OCTOBER 1999

Column 1	Column 2
Provision of the Act	Subject Matter
Section 45	Repeal of law about fundholding practices
Section 46	Establishment orders
Section 47	Directions as to delegation of functions
Section 48	Constitution of NHS trust boards
Section 49	Duties of NHS trusts
Section 50	Transfer of staff among health service bodies
Section 51	Duty of quality
Section 52	Expenditure of Health Boards and other bodies
Section 53	Public dividend capital
Section 54	Existing NHS trusts: conversion of initial loan
Section 55	Borrowing
Section 57	Remuneration for Part II services
Section 62	Regulations and orders
Section 63	Supplementary and consequential provision, etc
Section 64	Interpretation
Section 65 (so far as it relates to the provisions of Schedule 4 to theAct which are specified in Article 2(b) of this Order and the provisions ofSchedule 5 to the Act which are specified in Schedule 2 to this Order).	Amendments and repeals

Schedule 2REPEALS IN SCHEDULE 5 TO THE ACT COMING INTO FORCE ON 1st OCTOBER 1999

Chapter	Short Title	Extent of repeal
1966 c. 8	The National Health Service Act 1966	Section 10.
1973 c. 65	The Local Government (Scotland) Act 1973	In section 97, in paragraph (a) of subsection (2), sub-paragraph (iii),subsection (2A) and in subsection (2B) the definitions of “recognisedfund-holding practice” and “allotted sum”.
1978 c. 29	The National Health Service (Scotland) Act 1978	Section 12E(5) and (6).
		In section 17A, subsection (2)(d) and (j) and, in subsection (3),paragraph (a) and “and” following it.
		Section 17E(4).
		Section 86(1A), (1C) and (5).
		Sections 87A to 87D.
		In Schedule 7A, paragraph 6(2), in paragraph 16(c) the words from“which purposes shall include” to the end, in paragraph 22(1), “orHealth Authority” and, in paragraph (c), the words following “HealthBoard” and paragraph 23.
		In Schedule 7B, paragraphs 1(3) to (5), 3(2) and 5(2).
		In Schedule 16, paragraph 22
1985 c. 42	The Hospital Complaints Procedure Act 1985	In section 1, in subsection (1), the words from “under” to“functions)” and “for the management of” and, in subsection (1A),“for the management of”.
1993 c. 46	The Health Service Commissioners Act 1993	Section 3(1B). In section 19, the definitions of “allotted sum” and“recocognised fund holding practice”.
1997 c. 46	The National Health Service (Primary Care) Act 1997	Section 14Section 19.

Explanatory note

(This note is not part of the Order)

This Order brings into force, in relation to Scotland, certainprovisions of the Health Act 1999 (“the 1999 Act”).

The provisions which are brought into force on 1st October 1999 relateto the abolition of GP fund-holding practices (section 45), NHS trusts(sections 46 to 49), the transfer of staff among health service bodies(section 50), the placing of a duty of quality of care on the NHS inScotland (section 51), expenditure of the Health Boards and other bodies(section 52), NHS trust financial provisions (sections 53 to 55), andremuneration for services under Part II of the National Health Service(Scotland) Act 1978 (c. 29) (section 57). The Order also brings into forceon 1st October 1999 provisions which deal with regulations (section 62),supplementary and consequential provisions etc. (section 63) andinterpretation (section 64) and a number of amendments to enactments(specified in Schedule 4 to the 1999 Act) and repeals (specified inSchedule 5 to the 1999 Act).