Scottish Statutory Instruments
1999 No. 90 (C. 66)

NATIONAL HEALTH SERVICE
The Health Act 1999 (Commencement No. 4) Order 1999

Made
29th September1999

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

Citation, interpretation and extent

1.—(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.

Appointed day

2.  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.

IAIN GRAY
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
29th September 1999

Article 2

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

Article 2

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).
Note as to Earlier Commencement Orders
(This Note is not part of the Order)
The following provisions of the Health Act 1999 have been, or are tobe, brought into force by commencement order made before the date of thisOrder:


Provision
Date of Commencement

S.I. No.

s.1 as to England
1.10.99
1999/2540

s.2 as to England

(partially)
8.9.99
1999/2342

(remainder)
4.1.00
1999/2342

s.3 as to England
1.4.00
1999/2342

s.4 as to England

(partially)
1.9.99
1999/2342

(remainder)
1.4.00
1999/2342

s.5 as to England (partially)
4.1.00
1999/2342

s.6(1) as to England
4.1.00
1999/2342

s.7 as to England
4.1.00
1999/2342

s.8 as to England
1.9.99
1999/2342

s.11 as to England (partially)
1.9.99
1999/2342

s.12 as to England

(partially)
1.9.99
1999/2342

(remainder)
4.1.00
1999/2342

s.13 as to England
1.10.99
1999/2540

s.14 as to England
1.10.99
1999/2540

s.15 to 17 as to England
1.9.99
1999/2342

s.33(1) to (6) (partially)
1.9.99
1999/2177

s.34 (partially)
3.8.99
1999/2177

(remainder)
1.11.99
1999/2177

s.36 (partially)
3.8.99
1999/2177

s.37 (partially)
3.8.99
1999/2177

(1) to (9) (remainder)
1.11.99
1999/2177

s.38(6) (partially)
3.8.99
1999/2177

(partially)
1.9.99
1999/2177

(partially)
1.11.99
1999/2177

s.42 to 44 as to England and Wales
1.10.99
1999/2540

s.62 (partially)
3.8.99
1999/2177

s.63 (partially)
3.8.99
1999/2177

s.64 (partially)
3.8.99
1999/2177

s.65(1) (partially)
1.9.99
1999/2342

as to England and Wales

(partially)
4.1.00
1999/2342

as to England and Wales

(partially)
1.4.00
1999/2342

as to England and Wales
1.10.99
1999/2540

(partially)
4.1.00
1999/2540

s.65(2) as to England and Wales
1.10.99
1999/2540

(partially)

Schedule 1 (partially)
8.9.99
1999/2342

(partially)
4.1.00
1999/2342

(remainder)
1.4.00
1999/2342

Schedule 4 as to England (unless otherwise specified)–

paragraphs 1 and 3
4.1.00
1999/2342

paragraph 4 (partially)
1.9.99
1999/2342

(partially)
4.1.00
1999/2342

(partially)
1.4.00
1999/2342

paragraph 5
4.1.00
1999/2342

paragraph 6
1.9.99
1999/2342

paragraph 7
4.1.00
1999/2342

paragraph 8 (partially)
1.10.99
1999/2540

paragraph 9 (partially)
1.9.99
1999/2342

(remainder)
4.1.00
1999/2342

paragraphs 10 and 11
4.1.00
1999/2342

paragraph 12 (partially)
1.9.99
1999/2342

(remainder)
4.1.00
1999/2342

paragraphs 13 and 23
4.1.00
1999/2342

paragraph 15
1.10.99
1999/2540

paragraph 16
4.1.00
1999/2540

paragraph 24
1.9.99
1999/2342

paragraph 25
4.1.00
1999/2342

paragraph 26
1.9.99
1999/2342

paragraph 27 (partially)
4.1.00
1999/2342

paragraph 27(a) (partially)
1.10.99
1999/2540

paragraphs 28 and 29
4.1.00
1999/2342

paragraph 30 (partially)
1.9.99
1999/2342

(remainder)
4.1.00
1999/2342

paragraph 31 (partially)
1.9.99
1999/2342

(remainder)
1.4.00
1999/2342

paragraph 32
1.9.99
1999/2342

paragraph 33
1.4.00
1999/2342

paragraph 34 (partially)
1.9.99
1999/2342

(remainder)
4.1.00
1999/2342

paragraph 35
1.4.00
1999/2342

paragraph 37 (partially)
1.9.99
1999/2342

(remainder)
4.1.00
1999/2342

paragraph 38 (partially)
1.9.99
1999/2342

(remainder)
4.1.00
1999/2342

paragraph 39
1.9.99
1999/2342

paragraph 40
4.1.00
1999/2342

paragraph 71 (partially)
4.1.00
1999/2342

paragraph 71 (remainder)
1.10.99
1999/2540

paragraph 73 as to England and Wales
1.4.00
1999/2342

paragraph 74 (partially)
1.9.99
1999/2342

as to England and Wales (partially)
4.1.00
1999/2342

as to England and Wales (partially)
1.4.00
1999/2342

paragraph 75
1.9.99
1999/2342

paragraph 76 (partially)
1.9.99
1999/2342

as to England and Wales (partially)
4.1.00
1999/2342

paragraphs 77, 78 and 79
4.1.00
1999/2342

paragraph 81 (partially)
4.1.00
1999/2342

paragraph 82 as to England and Wales
1.4.00
1999/2342

paragraph 83 (partially)
1.9.99
1999/2342

(partially)
4.1.00
1999/2342

paragraph 83 (partially)
1.10.99
1999/2540

paragraph 84
1.9.99
1999/2342

paragraph 85 as to England and Wales (partially)
4.1.00
1999/2342

paragraph 85 (partially)
1.10.99
1999/2540

paragraph 86 as to England and Wales
1.4.00
1999/2342

paragraph 86 (partially)
1.10.99
1999/2540

paragraph 87
4.1.00
1999/2342

paragraph 88 (partially)
1.9.99
1999/2342

(partially)
4.1.00
1999/2342

paragraph 88 (partially)
1.10.99
1999/2540

paragraph 89
4.1.00
1999/2342

paragraph 90
1.10.99
1999/2540

Schedule 5 (partially)
1.10.99
1999/2540


(1)
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)