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The Health and Social Services and Social Security Adjudications Act 1983 (Commencement No. 2) Order 1983

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Statutory Instruments

1983 No. 1862 (C. 49)

CHILDREN AND YOUNG PERSONS SOCIAL SECURITY SOCIAL WORK, SCOTLAND

The Health and Social Services and Social Security Adjudications Act 1983 (Commencement No. 2) Order 1983

Made

15th December 1983

In exercise of the powers conferred upon me by section 32(2) of the Health and Social Services and Social Security Adjudications Act 1983 and of all other powers enabling me in that behalf I hereby make the following order:—

Citation and interpretation

1.—(1) This Order may be cited as the Health and Social Services and Social Security Adjudications Act 1983 (Commencement No. 2) Order 1983.

(2) In this Order “the Act” means the Health and Social Services and Social Security Adjudications Act 1983 and “the No. 1 Order” means the Health and Social Services and Social Security Adjudications Act 1983 (Commencement No. 1) Order 1983.

Days specified for the coming into force of certain provisions of the Act

2.  The provisions of the Act specified in the first column of the Schedule to this Order (which relate to the matters specified in the second column thereof) shall come into force on the day specified in the third column of that Schedule.

Revocation and new commencement date for the provisions of the Act relating to secure accommodation in Scotland

3.—(1) Article 2(1) of, and Schedule 2 to, the No. 1 Order so far as they relate to the following provisions of the Act—

(a)section 8 (secure accommodation for children in Scotland);

(b)section 30(1) and Part I of Schedule 10 (repeals) so far as they relate to section 59A(1) and (3) of the Social Work (Scotland) Act 1968 and section 72 of the Children Act 1975;

are hereby revoked.

(2) The provisions of the Act specified in paragraph (1) of this Article shall come into force on 30th January 1984.

Norman Fowler

One of Her Majesty's Principal Secretaries of State

15th December 1983

Article 2

SCHEDULE

(1)(2)(3)
Provision of the Act Subject matter Coming into force
Section 6 and Schedule 1 except so far as they relate to section 12F(3) and (4) of the new Part 1A of the Child Care Act 1980 (c.5.)Access to children in care in England and Wales.30th January 1984.
Section 6 and Schedule 1 so far as they relate to section 12F(3) and (4) of the new Part IA of the Child Care Act 1980.Appointment of guardians ad litem in access proceedings.27th May 1984.
Section 7(2) and (3).Access to children in care in Scotland.30th January 1984.
Section 25, so far as it relates to paragraph 20 of Schedule 8 to the Act.Social security adjudications (amendment of paragraph 12 of Schedule 3 to the Social Security and Housing Benefits Act 1982 (c.24.)).1st January 1984.

EXPLANATORY NOTE

This Order brings into force on 30th January 1984 section 6 of the Health and Social Services and Social Security Adjudications Act 1983 (access to children in care in England and Wales) except so far as it relates to the new section 12F(3) and (4) of the Child Care Act 1980 (appointment of guardians ad litem in access proceedings) which is brought into force with effect from 27th May 1984. The provisions of section 7(2) and (3) of the Act (access to children in care in Scotland) are also brought into force on 30th January 1984.

In addition, this Order brings into force on 1st January 1984 paragraph 20 of Schedule 8 to the Act which amends paragraph 12 of Schedule 3 to the Social Security and Housing Benefits Act 1982 regarding the disclosure of medical evidence in statutory sick pay cases.

The Order also revokes the provisions of the No. 1 Order relating to the commencement on 1st January 1984 of section 8 of, and related repeals in Schedule 10 to, the Act (secure accommodation for children in Scotland). These provisions are instead to come into force on 30th January 1984.

The remaining provisions of the Act which are not yet in force and for which Commencement Orders, have still to be made are as follows: section 1 insofar as it substitutes a new section 28A of the National Health Service Act 1977 (c.49); section 2 (financing of community services in Scotland); section 11 (registration of homes); section 12 insofar as it relates to paragraph 2 of Schedule 5 (voluntary organisations representation); sections 21 to 24 (recovery of charges for local authority accommodation); the remainder of section 25 (social security adjudications); and section 29 (minor and consequential amendments) insofar as it relates to paragraphs 4, 6, 9, 10 to 15, 18, 20, 26 and 27 of Schedule 9.

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