2009 No. 319 (C. 26)
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 122(2) and 128(2) of the Public Health etc. (Scotland) Act 2008.
S-2
Commencement of provisions of the 2008 Act and consequential amendments and repealsCommencement of provisions of the 2008 Act and consequential amendments and repeals
2. The following provisions of the 2008 Act come into force on 1st October 2009—
(a) the provisions specified in column (1) of Schedule 1 (the subject matter of each provision being mentioned in column 2) in so far as not already in force;
(b) the amendments of enactments specified in Schedule 2;
(c) the consequential repeals and revocations specified in Schedule 3.
Savings
3. Despite the repeal of the 1897 Act by Part 1 of schedule 3 to the 2008 Act—
(a) section 72of the 1897 Act continues to have effect for the purposes of section 313(1) of the Housing (Scotland) Act 1987(byelaws with respect to houses in multiple occupation);
(c) the definition of “owner” in section 3(1) of the 1897 Act continues to have effect for the purposes of section 18(1) of the Compensation (Defence) Act 1939(application of Act to Scotland); and
SCHEDULE 1
Article 2(a)
PROVISIONS OF THE 2008 ACT COMING INTO FORCE ON 1ST OCTOBER 2009
|
Column (1)
Provision of the Act
|
Column (2)
Subject matter
|
Part 1 |
Public health responsibilities |
Part 3 |
Public health investigations |
Part 4 |
Public health functions of health boards |
Part 5 |
Public health functions of local authorities |
Part 6 |
Mortuaries etc. |
Section 117 |
Disclosure of information |
Section 118 |
Liability of persons exercising functions |
Section 119 |
Offences by bodies corporate etc. |
Section 120 |
Penalties for offences |
Section 123 |
Meaning of “premises” |
Section 126 in so far as it relates to the provisions of schedule 3 to the 2008 Act mentioned below |
Repeals, revocations and saving |
Section 127 |
Crown application |
Part 1 of schedule 3, except in so far as it relates to the repeals of the 1897 Act, sections 32, 73(1), 161 and 164, the Infectious Disease (Notification) Act 1889 (c.72), the Public Health (Scotland) Act 1945 (c.15), the Health Services and Public Health Act 1968 (c.46), section 71A, the National Health Service (Scotland) Act 1972 (c.58), section 53, the National Health Service and Community Care Act 1990 (c.19), Schedule 9, paragraph 4, the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 26 and the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40) |
Repeals and revocations |
SCHEDULE 2
Article 2(b)
AMENDMENTS TO ENACTMENTS COMING INTO FORCE ON 1ST OCTOBER 2009
AMENDMENT OF PUBLIC GENERAL ACTS
The Public Health (Scotland) Act 1945
1.—(1) Until its repeal by Part 1 of schedule 3 to the 2008 Act, section 1 of the Public Health (Scotland) Act 1945(power of Scottish Ministers to make regulations for treating persons with, and for preventing the spread of, disease) has effect as follows.
(2) In subsection (3), omit the words “or port local authorities”.
(3) In subsection (8)—
(a)
(a) in the definition of “authorised officer”—
(i) omit the words “or port local authority”; and
(ii) for “designated medical officer” substitute “health board competent person”;
(b)
(b) omit the definition of “port local authority”;
(c)
(c) after the definition of “coastal waters” insert—
“the expression “health board competent person” means a person designated by a health board under section 3(1) of the Public Health etc. (Scotland) Act 2008;”.
2. Despite the repeal of the 1897 Act by Part 3 of schedule 3 to the 2008 Act, the 1897 Act continues to have effect for the purposes of section 1(1) and (8) of the Public Health (Scotland) Act 1945.
3. The Slaughter of Animals (Scotland) Act 1980
In the Slaughter of Animals (Scotland) Act 1980—
(a) for section 6(3) (licensing of knackers’ yards) substitute—
“3 On receiving an application for the grant or renewal of a licence under this section, the local authority must publish notice of the application in one or more newspapers circulating in that local authority’s area specifying—
(a) the address of the premises to which the application relates;
(b) the period, being a period of not less than 21 days beginning with the day on which the notice is published, before the end of which any person may object to the grant or renewal of the licence; and
(c) that any objections are to be made in writing to the local authority and, in the case of an application for renewal of a licence, are to be served on the applicant in accordance with subsection (4).”;
(b) in section 14(4) (further powers of entry), omit paragraphs (ii) and (iii);
(c) in section 22 (interpretation), in the definition of “premises”, for the words “has the same meaning as in the Public Health (Scotland) Act 1897” substitute “extends to any facilities for moving animals and any stall, pen, covered area or field used by the knacker’s yard in order to confine an animal until it is killed or to give it any necessary attention before it is killed”.
4. The Local Government, Planning and Land Act 1980
In the Local Government, Planning and Land Act 1980, section 159(1)(a)(public health etc.) for “section 40 of the Public Health (Scotland) Act 1897 (which makes similar provision for Scotland)” substitute “Part 5 of the Public Health etc. (Scotland) Act 2008”.
5. The Radioactive Substances Act 1993
In the Radioactive Substances Act 1993, section 30(4)(power of the Secretary of State to dispose of radioactive waste) for “section 3 of the Public Health (Scotland) Act 1897” substitute “section 78A(9) (preliminary) of the Environmental Protection Act 1990”.
AMENDMENT OF STATUTORY INSTRUMENTS
6. The Public Health (Ships) (Scotland) Regulations 1971
(1) Until its revocation by Part 2 of schedule 3 to the 2008 Act, regulation 2(1) of the Public Health (Ships) (Scotland) Regulations 1971(interpretation) has effect as follows.
(2) Omit the definition of “designated medical officer”.
(3) After the definition of “Health Board” insert—
““health board competent person” means a person designated by a health board under section 3(1) of the Public Health etc. (Scotland) Act 2008;”.
(4) In the definition of “medical officer”, for “designated medical officer” substitute “health board competent person”.
7. The Public Health (Aircraft) (Scotland) Regulations 1971
(1) Until its revocation by Part 2 of schedule 3 to the 2008 Act, regulation 2(1) of the Public Health (Aircraft) (Scotland) Regulations 1971(interpretation) has effect as follows.
(2) Omit the definition of “designated medical officer”.
(3) After the definition of “Health Board” insert—
““health board competent person” means a person designated by a health board under section 3(1) of the Public Health etc. (Scotland) Act 2008;”.
(4) In the definition of “medical officer”, for “designated medical officer” substitute “health board competent person”.
8. The Schools General (Scotland) Regulations 1975
(1) The Schools General (Scotland) Regulations 1975are amended in accordance with this paragraph.
(2) In regulation 3 (definitions)—
(a)
(a) omit the definition of “designated medical officer”; and
(b)
(b) after the definition of “health board” insert—
““health board competent person” means a person designated by a health board under section 3(1) of the Public Health etc. (Scotland) Act 2008;”.
(3) In regulation 6 (closure of schools on order of medical officer) for “designated medical officer of a health board” substitute “health board competent person”.
SCHEDULE 3
Article 2(c)
CONSEQUENTIAL REPEALS AND REVOCATIONS
PART 1
CONSEQUENTIAL REPEALS
Enactment |
Extent of Repeal |
National Insurance Act 1913 (c.37) |
The whole Act, in so far as not already repealed |
| |
|
Local Government (Emergency Provisions) Act 1916 (c.12) |
Section 5 |
| |
|
Church of Scotland (Property and Endowments) Act 1925 (c.33) |
In section 32(5)(a)(i), the words “, or as a result of proceedings under the Public Health (Scotland) Act 1897” |
| |
|
Prevention of Damage by Pests Act 1949 (c.55) |
In section 28(1), the definition of “owner” |
| |
|
Agriculture, (Safety, Health and Welfare Provisions) Act 1956 (c.49) |
In section 25(10) in the definition of “owner” the words “in the Public Health (Scotland) Act, 1897, and” |
| |
|
Factories Act 1961 (c.34) |
Section 182(8) |
| |
|
National Health Service (Scotland) Act 1972 (c.58) |
In section 28(1), the words “port local authorities” |
| |
|
| |
Section 32 |
| |
|
| |
Section 34(2)(e) |
| |
|
| |
Schedule 4 |
| |
|
Civil Aviation Act 1982 (c.16) |
In section 36(4)(b), the words “and any port local authority as defined in section 172 of the Public Health (Scotland) Act 1897” |
| |
|
Environmental Protection Act 1990 (c.43) |
In section 84, subsection (1)(b); in subsection (2)(a), the words “or in section 32 of the Public Health (Scotland) Act 1897”; in subsection (2)(b), the words “or under subsection (2) of the said section 32” and... |
