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The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Commencement No. 4) Amendment Order 2004

S.S.I. 2004/45 · Made 2 February 2004

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This Scottish Statutory Instrument has been printed to correct errors in S.S.I. 2003/602 and is being issued free of charge to all known recipients of that instrument.

PUBLIC BODIES

NATIONAL HEALTH SERVICE

Made 2nd February 2004

The Scottish Ministers, in exercise of the powers conferred by section 21(2) and (3) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003f1, and of all other powers enabling them in that behalf, hereby make the following Order:

Annotations to the whole text

Footnotes

f1

2003 asp 4.

Contents

  1. 1Citation and interpretation
  2. 2Amendment of the 2003 Order
  3. Signature
  4. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Commencement No. 4) Amendment Order 2004.

(2)

In this Order, “the 2003 Order” means the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Commencement No. 4) Order 2003f1.

2Amendment of the 2003 Order

(1)

For article 1(2) of the 2003 Order, substitute–

“(2)

In this Order–

  • “the Act” means the Public Appointments and Public Bodies etc. (Scotland) Act 2003; and

  • “the main transfer of Trust property” has the same meaning as in the Scottish Hospital Trust (Transfer of Property) Regulations 2004f1.”.

(2)

For article 2(3) of the 2003 Order, substitute–

“(3)

The day appointed for the coming into force of section 5(1) is–

(a)

12th February 2004 for the purpose of the transfer to and vesting in Health Boards of the property comprised in the main transfer of Trust property; and

(b)

31st March 2004 for all other purposes.”.

Signature

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

2nd February 2004

Explanatory note

(This note is not part of the Order)

This Order amends the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Commencement No. 4) Order 2003 (“the 2003 Order”).

Article 2(3) of the 2003 Order provides that section 5(1) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (“the Act”) should come into force on 12th February 2004 in relation to the transfer to and vesting in the Health Boards of the main transfer of Trust property within the meaning of regulation 2(1) of the Scottish Hospital Trust (Transfer of Property) Regulations 2004 (“the 2004 Regulations”), and on 31st March 2004 for all other purposes.

The 2004 Regulations were not made when the 2003 Order was made, but have since been made. In order to cure any potential defect from such a forward reference, this Order substitutes new articles 1(2) and 2(3) which refers to the 2004 Regulations as made. The dates appointed for the coming into force of section 5(1) of the Act remain the same.