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The Health and Social Care Act 2001 (Commencement No.1) (England) Order 2001

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Statutory Instruments

2001 No. 2804 (C. 95)

NATIONAL HEALTH SERVICE, ENGLAND

LOCAL GOVERNMENT, ENGLAND

The Health and Social Care Act 2001 (Commencement No.1) (England) Order 2001

Made

30th July 2001

The Secretary of State for Health, in exercise of powers conferred on him by section 70(2) of the Health and Social Care Act 2001(1) hereby makes the following Order:—

Citation, interpretation and extent

1.—(1) This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 1) (England) Order 2001.

(2) In this Order, “the Act” means the Health and Social Care Act 2001.

(3) This Order extends to England only.

Appointed day

2.—(1) Subject to paragraph (2), 1st August 2001 is the day appointed for the coming into force of—

(a)sections 3, 4, 13 and 46 to 48 of the Act, and

(b)Schedule 4 to the Act.

(2) Paragraph (1) does not apply to subsections (5) and (6) of section 47 of the Act in so far as those subsections relate to directions given under section 45 of the Act.

Signed by authority of the Secretary of State for Health

Hazel Blears

Parliamentary Under Secretary of State,

Department of Health

30th July 2001

Explanatory Note

(This note is not part of the Order)

This Order is the first Commencement Order made under the Health and Social Care Act 2001 (“the Act”).

Article 2(1) brings into force in England, on 1st August 2001, section 3 of the Act which relates to funding of NHS trusts and Primary Care Trusts, section 4 of the Act which relates to public-private partnerships and section 13 of the Act which relates to intervention orders under the National Health Service Act 1977. Article 2 also brings into force in England on that day sections 46 to 48, and Schedule 4 to, the Act, except in relation to subsections (5) and (6) of section 47 in so far as those subsections apply to directions under section 45 of the Act. The provisions of sections 46 and 47 relate to directed partnerships arrangements. Section 48 of, and Schedule 4 to, the Act relate to the transfer of staff in connection with partnership arrangements under section 31 of the Health Act 1999.

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