
1 
This Order may be cited as the Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No. 4) Order 2006.
2 
In this Order–
 “the Act” means the Smoking, Health and Social Care (Scotland) Act 2005; and
 “the 1978 Act” means the National Health Service (Scotland) Act 1978.
3 
The days appointed for the coming into force of the following provisions of the Act are:–
(a) 7th March 2006 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; and
(b) 1st April 2006 for the provisions of the Act specified in column 1 of Schedule 2 to this Order, in so far as those provisions are not already in force, 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.
LEWIS MACDONALD
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
6th March 2006
SCHEDULE 1
Article 3(a)


Column 1 Column 2 Column 3
Provision of the Act Subject matter Purpose
Section 12 Free oral health assessments and dental examinations Only for the purpose of enabling the Scottish Ministers to make regulations under sections 70A(1) and 71 of the 1978 Act and section 20 of the National Health Service (Primary Care) Act 1997 to come into force not earlier than 1st April 2006.
Section 13 Free eye examinations and sight tests Only for the purpose of enabling the Scottish Ministers to make regulations under sections 26 and 70 of the 1978 Act to come into force not earlier than 1st April 2006.
Section 19 Lists of persons undertaking to provide or approved to assist in the provision of general ophthalmic services Only for the purpose of enabling the Scottish Ministers to make regulations under section 26(2), (2A) and (2B) of the 1978 Act to come into force not earlier than 1st April 2006.
Section 26 Disqualification by the NHS Tribunal Only for the purpose of enabling the Scottish Ministers to make regulations under section 29(4)(b), 29A(5), 32 and 32A of the 1978 Act to come into force not earlier than 1st April 2006.
Section 27 Corresponding provision in England, Wales and Northern Ireland Only for the purpose of enabling the Scottish Ministers to make regulations under section 32D(3) of the 1978 Act to come into force not earlier than 1st April 2006.
SCHEDULE 2
Article 3(b)

Column 1 Column 2 Column 3
Provision of the Act Subject matter Purpose
Section 19 Lists of persons undertaking to provide or approved to assist in the provision of general ophthalmic services 
Section 26(1), (2)(a), (b), (c)(i), (d), (e)(i) and (f), (3)(a), (d) and (e), (4)(a) and (c), (5)(a), (6) and (7)(b)(ii) and (c) Disqualification by the NHS Tribunal 
Section 26(2)(c)(ii)  Only for the purpose of substituting in section 29(6) of the 1978 Act for the words from “list”, where it second occurs, to the end, the words “list – (a) in relation to a list referred to in subsection (8)(a), perform; and (b) in relation to the list referred to in subsection (8)(d), undertake to provide or are approved to assist in providing”.
Section 26(2)(e)(ii)  Only for the purpose of substituting in section 29(8) of the 1978 Act for paragraphs (c) to (e) the new paragraph (d).
Section 26(3)(c)  Only for the purpose of applying in relation to the list referred to in section 29(8)(d) of the 1978 Act.
Section 26(4)(b)  Only for the purpose of substituting for section 29B(2) of the 1978 Act the new subsection (2)(a) and (b).
Section 26(7)(d)  Only for the purpose of inserting section 26(7) of the 1978 Act enabling regulations to be made as regards section 26(2) of that Act.
Section 27 Corresponding provision in England, Wales and Northern Ireland 
Schedule 2, paragraph 2(5), (10) to (14) and (20) Minor and consequential Amendments 
Schedule 3 Repeals Only for the purposes of bringing into force the repeals specified in the table in this Schedule.

TABLE
Enactment Extent of repeal
National Health Service (Scotland) Act 1978 (c. 29) In section 29A, in subsection (5), the words “(including provision modifying the effect of this Part)”.
 Section 29B(3).
 In section 29B(4), the words “or declaration”.
 In section 30(2), in paragraph (a) the words from “or” to the end of the paragraph, and the words from “, and, on a review” to the end of the subsection.
 Section 30(4).
 In section 30(5), the words from “and” to the end.
 Section 30(6) and (7)(b) and (c) and the word “or” immediately preceding paragraph (b).
 Section 31.
 In section 32A, in subsection (3) paragraph (c) and the word “and” immediately preceding that paragraph and in subsection (6) paragraph (b) and the word “, and” immediately preceding that paragraph.
 In section 32B, in each of subsections (1) and (2)(a) the word “national” and subsection (3).
Health and Social Security Act 1984 (c. 48) In Schedule 1, in Part II, paragraphs 2, 3 and 4.
Health Act 1999 (c. 8) Section 56(3) and (4).
 In Schedule 4, paragraphs 49, 51(d) and (g), 52(c) and 53.
 In Schedule 5, in the entry concerning section 32A of the 1978 Act, the words “and, in subsection (6)(a), “prepared under this Part of this Act””.
Community Care and Health (Scotland) Act 2002 (asp 5) In schedule 2, paragraphs 2(6)(c), (7), (8), (9)(b), (10)(b) and (11).
Primary Medical Services (Scotland) Act 2004 (asp 1) Section 5(3)(a).In the schedule, paragraph (11)(a) and (13).