Citation, interpretation and extent

1.—(1) This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 6) (England) Order 2001.

(2) In this Order—

“the Act” means the Health and Social Care Act 2001;

“the 1977 Act” means the National Health Service Act 1977(2);

“the 1997 Act” means the National Health Service (Primary Care) Act 1997(3);

“concluded” in relation to a case falling within article 2(5) means that the NHS Tribunal has given its decision and—

as the case may be;

“pharmacist case” means a case before the NHS Tribunal in relation to a person undertaking to provide pharmaceutical services under Part II of the 1977 Act; and

“the NHS Tribunal” means the tribunal constituted under section 46 of the 1977 Act.

(3) This Order extends to England only.

Appointed days

2.—(1) The day appointed for the coming into force of each provision of the Act specified in Part I of Schedule 1 to this Order is 22nd November 2001.

(2) The day appointed for the coming into force of each provision of the Act specified in Part II of Schedule 1 to this Order is—

(a)for the purpose of making Regulations, 22nd November 2001, and

(b)for all other purposes except those relating to the provision of pharmaceutical services under the 1977 Act, 14th December 2001.

(3) The day appointed for the coming into force of each provision specified in Part III of Schedule 1 to this Order, except in so far as they relate to the provision of pharmaceutical services under the 1977 Act, is 14th December 2001.

(4) Subject to paragraph (5), 14th December 2001 is the day appointed for the coming into force of each provision of the Act specified in Schedule 2 to this Order.

(5) The day appointed for the coming into force of each provision of the Act specified in Schedule 2 to this Order in relation to cases falling within paragraph (6) is the date 14 days after the date on which the last such case is concluded.

(6) For the purposes of paragraph (5) the cases are those—

(a)where proceedings in the case (other than a pharmacist case) commenced before the NHS Tribunal under the 1977 Act before 1st November 2001, or under the 1997 Act before 14th December 2001, but the case is not concluded until after 14th December 2001, or

(b)in a pharmacist case, where proceedings in the case commenced before the NHS Tribunal before the coming into force of the first regulations made under section 42 of the 1977 Act after the commencement of section 20(6) of the Act.

SCHEDULE 1

article 2(1)

PART 1PROVISIONS OF THE ACT COMING INTO FORCE ON 22ND NOVEMBER 2001

article 2(2)

PART IIPROVISIONS OF THE ACT COMING INTO FORCE PARTLY ON 22ND NOVEMBER 2001 AND FULLY ON 14TH DECEMBER 2001 EXCEPT IN RELATION TO PHARMACEUTICAL SERVICES

article 2(3)

PART IIIPROVISIONS OF THE ACT COMING INTO FORCE ON 14TH DECEMBER 2001

article 2(4) and (5)

SCHEDULE 2PROVISIONS OF THE ACT COMING INTO FORCE ON THE APPOINTED DAYS REFERRED TO IN ARTICLE 2(4) AND (5)

Explanatory Note

(This note is not part of the Order)

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

This Order brings into force in England certain provisions of the Act on 22nd November 2001; other provisions partially on that date and fully on 14th December 2001 except where they relate to the provision of pharmaceutical services; and further provisions on 14th December 2001 except where they relate to the provision of pharmaceutical services. It further provides for the abolition of the NHS Tribunal on 14th December 2001 subject to the provisions of article 2(5).

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Health and Social Care Act 2001 have been brought into force in relation to England by commencement order made before the date of this Order: