Section 167: Power to make transitional and consequential provision etc.
543.Section 167 confers power to make transitional or transitory provisions and savings and supplementary, incidental or consequential provision. Subsection (1) confers on the Secretary of State power to make by order transitional or transitory provisions and savings in connection with the commencement of any provision of the Act in relation to which the Secretary of State is the appropriate Minister for the purposes of section 170(3) (commencement). It also confers on the Secretary of State the power to make by order such supplementary, incidental or consequential provision as considered appropriate.
544.Subsection (2) confers on the Welsh Ministers power to make by order transitional or transitory provisions and savings in connection with the commencement of any provision of the Act in relation to which the Welsh Ministers are the appropriate Minister for the purposes of section 170(3) (commencement).
545.Subsection (3) provides that an order under this section may amend, repeal, revoke or otherwise modify any enactment. Subsection (7) defines “enactment” as an enactment contained in, or in any instrument made under, an Act of Parliament, an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales or Northern Ireland legislation. Subsection (5) provides that before making an order under this section containing provision which would fall within the legislative competence of the Scottish Parliament, the Secretary of State must consult the Scottish Ministers.
546.Powers of this kind are often included in Acts which make extensive changes to existing statutory regimes. This section will ensure that necessary or expedient transitional arrangements can be made as the Act is commenced without creating any difficulty or unfairness and that there can be a smooth transition from the old law and procedures to the new.
547.A number of transitional provisions will be needed in relation to the establishment of the Commission and the assumption by it of the functions of CHAI, CSCI and MHAC. The Commission will assume the different functions of the three existing regulators over a period of time and will take on some earlier than others. Transitional provision will, for example, be needed in relation to the transition from the registration provisions of Part 2 of the Care Standards Act 2000 to the new regime under Chapter 2 of Part 1 of this Act.
548.Transitional provision will also need to be made in relation to some of the provisions in Part 2 (regulation of health professions and health and social care workforce) of the Act. This will be the case in relation to the transition from adjudication of fitness to practise cases by committees of the GMC and the GOC to their adjudication by the OHPA. Transitional provision will also have to be made in connection with: (a) preserving existing regulations, or parts of them, under the Public Health Act 1984 (Part 3 of this Act); and, (b) the abolition of the NBSB and the assumption of identical functions by the Health Protection Agency (section 159).
549.The power to make consequential amendments will enable changes made to the law by the Act to be reflected in other legislation which refers to or is dependent on provisions repealed or amended by the Act.