
1 
This Order may be cited as the Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No. 1) Order 2005.
2 
In this Order “the Act” means the Smoking, Health and Social Care (Scotland) Act 2005.
3 
The days appointed for the coming into force of the following provisions of the Act are:–
(a) 17th October 2005 for the provisions of the Act specified in column 1 of schedule 1 to this Order but, where a particular purpose is specified in column 3 of that Schedule in relation to that provision, that provision shall only come into force, for the purpose specified in that column;
(b) 1st November 2005 for the provisions of the Act specified in column 1 of schedule 2 to this Order but, where a particular purpose is specified in column 3 of that Schedule in relation to that provision, that provision shall only come into force, for the purpose specified in that column;
(c) 19th December 2005 for section 35;
(d) 26th March 2006 for sections 1 to 10 and Schedule 1, in so far as those provisions are not already in force, and those provisions shall come into force on 0600 hours on that day; and
(e) 1st April 2006 for the provisions of the Act specified in column 1 of schedule 2 to this Order but, where a particular purpose is specified in column 3 of that Schedule in relation to that provision, that provision shall only come into force, for the purpose specified in that column.
ANDREW P KERR
A member of the Scottish Executive
St Andrew’s House, Edinburgh
4th October 2005
SCHEDULE 1
Article 3(a)

Column 1 Column 2 Column 3
Provision of the Act Subject matter Purpose
Section 11  
Section 16  
Sections 28 to 32  
Section 36  
Section 37  
Section 42(1) and (2) Minor and Consequential amendments and repeals Only for the purposes of bringing into force the provisions of Schedule 2 and 3 to the Act specified in this Schedule.
Schedule 2, paragraphs 1 and 2(1)  
Schedule 3 Repeals Only for the purposes of bringing into force the repeals specified in the table in this Schedule.

TABLE
Enactment Extent of Repeals
Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) In schedule 2, paragraph 4(3)(b) and (6)(b).
SCHEDULE 2
Article 3(b)

Column 1 Column 2 Column 3
Provision of the Act Subject matter Purpose
Section 3(3)  
Section 4(2), (3) and (7)  
Section 6  Only for the purposes of bringing into force the provisions of Schedule 1 to the Act specified in this Schedule.
Section 38  
Section 42(1) and (2)  Only for the purposes of bringing into force the provisions of Schedules 2 and 3 to the Act specified in this Schedule.
Schedule 1 Paragraphs 2, 4(1), 5(2) and 12  Only for the purpose of enabling the Scottish Ministers to make regulations to come into force not earlier than 0600 hours on 26th March 2006
Schedule 2 Paragraph 2(19)(a)(iv) Amendment of the definition of Scottish Hospitals Endowments Research Trust in the National Health Service (Scotland) Act 1978. 
Schedule 3 Repeals Only for the purposes of bringing into force the repeals specified in the table in this Schedule.

TABLE
Enactment Extent of Repeals
Public Finance and Accountability (Scotland) Act 2000 (asp 1) In schedule 4, paragraph 4(2).
Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) In schedule 3, the entry relating to the Scottish Hospital Endowments Research Trust.
Freedom of Information (Scotland) Act 2002 (asp 13) In schedule 1, paragraph 43
SCHEDULE 3
Article 3(e)


Column 1 Column 2 Column 3
Provision of the Act Subject matter Purpose
Section 12  
Section 13  
Section 42(1) Minor and Consequential amendments and repeals Only for the purposes of bringing into force the provisions of Schedule 2 to the Act specified in this Schedule.
Schedule 2 Paragraph 2(19)(a)(ii) Amendment of the definition of general medical services contract in the National Health Service (Scotland) Act 1978. 