
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 

(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).
MALCOLM CHISHOLM
A member of the Scottish Executive
St Andrew’s House, Edinburgh
30th January 2004
SCHEDULE
Article 2(1)(d)


(1) (2)
Provisions of schedule 2 to the Act Purpose
Paragraph 2(4)(a) Only for the purpose of applying the first condition of disqualification to lists of persons approved to assist in providing services.
Paragraph 2(4)(b)(iii) Only for the purpose of defining “list” to include one prepared by virtue of Part II of the 1978 Act.
Paragraph 2(6)(a) Only for the purposes of providing that a local disqualification–
(i) in the case of a medical practitioner other than one mentioned in section 29(8)(b) of the 1978 Act, shall be disqualification of that practitioner from inclusion in any Health Board’s lists under section 29(8)(a) of the 1978 Act (whether or not including the list to which the case relates); and
(ii) in any other case, shall be disqualification in the list to which the case relates.
Paragraph 2(6)(b) Only for the purposes of providing that a national disqualification–
(i) in the case of a medical practitioner other than one mentioned in section 29(8)(b) of the 1978 Act, shall be disqualification of that practitioner from inclusion in all lists within section 29(8)(a); and
(ii) in any other case, shall be disqualification for inclusion in all lists within the same paragraph of section 29(8) as the list to which the case relates.
Paragraph 2(8)(b)(i) Only for the purposes of allowing the Scottish Ministers to impose conditions, imposed under the conditional disqualification provisions in England and Wales or Northern Ireland in relation to assistance in provision or performance of services by any person, in relation to the assistance in provision by that person of those services.
Paragraph 2(9)(c) Only for the purpose of defining a relevant list so as to include a list of persons approved to assist in providing services.
Paragraph 2(11)(b) Only for the purpose of disqualifying a practitioner for inclusion in any list prepared by virtue of Part II of the 1978 Act.
Paragraph 2(11)(c) Only for the purposes of–
(i) providing that, where a person is disqualified for inclusion in all lists of persons approved to assist in providing or approved to perform services in England and Wales or in Northern Ireland, section 32D of the 1978 Act applies; and
(ii) providing that such a person shall be disqualified for inclusion in any list of persons approved to assist in providing services.