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Statutory Instruments
NATIONAL HEALTH SERVICE, ENGLAND
Made
30th December 2002
The Secretary of State for Health, in exercise of the powers conferred upon him by sections 64(6) and 70(2) of the Health and Social Care Act 2001(1), hereby makes the following Order:
1.—(1) This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 11) (England) Order 2002.
(2) In this Order “the Act” means the Health and Social Care Act 2001.
(3) This Order applies to England only.
2. 1st January 2003 is the day appointed for the coming into force of—
(a)paragraphs 1, 4, 5(17), 7, 9(2), 11(2)(a) and 14 of Schedule 5 to the Act;
(b)section 67(1) of the Act, in so far as it relates to those paragraphs; and
(c)paragraphs 5(1) and 11(1) of Schedule 5 to the Act, in so far as they relate to paragraphs 5(17) and 11(2)(a) respectively of that Schedule.
3. 1st January 2003 is the day appointed for the coming into force of—
(a)sections 7 to 11(3) of the Act;
(b)Schedule 1(4) to the Act; and
(c)paragraph 13 of Schedule 5 to the Act, and section 67(1) of the Act in so far as it relates to that paragraph.
4. 1st February 2003 is the day appointed for the coming into force of—
(a)subsection (6) of section 20(5) of the Act, and subsection (1) of that section in so far as it relates to subsection (6);
(b)section 25 of the Act, in so far as that section is not already in force(6);
(c)section 67(2) of the Act, in so far as it relates to the entry in Schedule 6 to the Act repealing the “and” at the end of section 42(3)(d) of the National Health Service Act 1977(7); and
(d)sub-paragraph (14) of paragraph 5 of Schedule 5 to the Act, in so far as that sub-paragraph is not already in force(8), and section 67(1) of, and paragraph 5(1) of Schedule 5 to, the Act, in so far as they relate to that sub-paragraph.
Signed by authority of the Secretary of State for Health
David Lammy
Parliamentary Under Secretary of State for Health
Department of Health
30th December 2002
(This note is not part of the Order)
This Order is the 11th Commencement Order made under the Health and Social Care Act 2001 (“the Act”), and applies to England only.
Article 2 brings into force, on 1st January 2003, certain provisions in connection with the introduction of pilot schemes for the provision of local pharmaceutical services under section 28 of the Act.
Article 3 brings into force, on 1st January 2003, sections 7 to 11 of the Act (overview and scrutiny committees, and public involvement and consultation), Schedule 1 to the Act (exempt information relating to health services), and paragraph 13 of Schedule 5 to the Act, which relates to the power to make regulations in respect of review and scrutiny committees.
Article 4 brings into force, on 1st February 2003, section 20(6) of the Act, which amends section 42 of the National Health Service Act 1977 concerning the provision of pharmaceutical services under Part II of that Act. It also brings fully into force section 25 of the Act, which had not hitherto been brought into force in relation to the provision of pharmaceutical services. Finally it brings into force as respects pharmaceutical services paragraph 5(14) of Schedule 5 to the Act.
(This note is not part of the Order)
The provisions of the Health and Social Care Act 2001 listed in the table below have been brought into force in England by Commencement Orders made before the date of this Order. Certain provisions of Commencement Orders S.I. 2001/3752, 2002/1095, 1170 and 1312 have effect in Northern Ireland, Scotland and Wales. The following Commencement Orders have been made in relation to Wales: S.I. 2001/3807, 2002/1475 and 1919.
Provision | Date of Commencement | S.I. No. |
---|---|---|
Section 1 (partially) | 22nd October 2001 | 2001/3619 |
Section 2 (partially) | 30th September 2002 | 2002/2363 |
Section 3 | 1st August 2001 | 2001/2804 |
Section 4 | 1st August 2001 | 2001/2804 |
Section 5 | 12th September 2002 | 2002/2363 |
Section 6 | 1st October 2001 | 2001/3294 |
Section 13 | 1st August 2001 | 2001/2804 |
Section 14 | 1st April 2002 | 2002/1095 |
Section 15 (partially) | 8th March 2002 | 2002/1095 |
Section 15 | 1st April 2002 | 2002/1095 |
Section 16 | Day referred to in article 2(4) and (5) of 2001/3738 | 2001/3738 |
Section 17 | 14th December 2001 | 2001/3738 |
Section 18 | 12th September 2002 | 2002/2363 |
Section 19 | 1st April 2002 | 2002/1095 |
Section 20(1) to (5) (partially) | 22nd November 2001 | 2001/3738 |
Section 20(1) to (5) | 14th December 2001 | 2001/3738 |
Section 21 | 22nd November 2001 | 2001/3738 |
Section 22 | 22nd November 2001 | 2001/3738 |
Section 24 | 22nd November 2001 | 2001/3738 |
Section 25 (partially) | 22nd November 2001 | 2001/3738 |
Section 25 (partially) | 14th December 2001 | 2001/3738 |
Section 26(2) | 31st May 2002 | 2002/1095 |
Section 27 (partially) | 1st October 2001 | 2001/3294 |
Section 27 (partially) | 1st December 2001 | 2001/3294 |
Section 28 | 8th March 2002 | 2002/1095 |
Section 29 and Schedule 2 | 8th March 2002 | 2002/1095 |
Section 30 | 8th March 2002 | 2002/1095 |
Section 31 | 8th March 2002 | 2002/1095 |
Section 32 | 8th March 2002 | 2002/1095 |
Section 33 | 8th March 2002 | 2002/1095 |
Section 34 | 8th March 2002 | 2002/1095 |
Section 35 | 8th March 2002 | 2002/1095 |
Section 36 | 8th March 2002 | 2002/1095 |
Section 37 | 8th March 2002 | 2002/1095 |
Section 38 | 8th March 2002 | 2002/1095 |
Section 39 | 8th March 2002 | 2002/1095 |
Section 41 | 8th March 2002 | 2002/1095 |
Section 42 (partially) | 8th March 2002 | 2002/1095 |
Section 42 | 1st April 2002 | 2002/1095 |
Section 43 | 1st April 2002 | 2002/1095 |
Section 45 | 19th December 2001 | 2001/4149 |
Section 46 | 1st August 2001 | 2001/2804 |
Section 47 (partially) | 1st August 2001 | 2001/2804 |
Section 47(5), (6) | 19th December 2001 | 2001/4149 |
Section 48, Schedule 4 | 1st August 2001 | 2001/2804 |
Section 49 (partially) | 1st October 2001 | 2001/3294 |
Section 50(1) | 8th April 2002 | 2001/3752 |
Section 50(2) to (7), (8), (10) | 20th December 2001 | 2001/3752 |
Section 51 | 8th November 2001 | 2001/3752 |
Section 52 | 8th November 2001 | 2001/3752 |
Section 53 | 1st October 2001 | 2001/3167 |
Section 54 | 1st October 2001 | 2001/3167 |
Section 55 (partially) | 1st October 2001 | 2001/3167 |
Section 62 | 15th April 2002 | 2002/1312 |
Section 63 (partially) | 6th March 2002 | 2002/1095 |
Section 63 | 1st April 2002 | 2002/1095 |
Section 67(1) (partially), Schedule 5, paragraphs 3, 5(10)(b), 13(a), (b), (d) (partially), and 10 (partially) | 1st October 2001 | 2001/3294 |
Section 67(1) (partially), Schedule 5, paragraphs 5 (partially), and 15 (partially) | 22nd October 2001 | 2001/3619 |
Section 67(1), Schedule 5, paragraphs 3, 5(10)(b), 13(a), (b), (d) and 10 (partially) | 1st December 2001 | 2001/3294 |
Section 67(1) (partially), Schedule 5, paragraph 5(4) and (14) (partially) | 22nd November 2001 | 2001/3738 |
Section 67(1)(partially), Schedule 5, paragraphs 5(4) and (14) (partially) and 12(1) and (2) | 14th December 2001 | 2001/3738 |
Section 67(1)(partially), Schedule 5, paragraphs 2, 5(2), (5), (6), (7)(a) and (b), 7(c), (9), (10)(a) and 11(3) | 1st April 2002 | 2002/1095 |
Section 67(1) (partially), Schedule 5, paragraphs 5(8) and (16) | Day referred to in article 2(4) and (5) of S.I. 2001/3738 | 2001/3738 |
Section 67(2) (partially), Schedule 6 (partially) | 14th December 2001 | 2001/3738 |
Section 67(2) (partially), Schedule 6 (partially) | 14th December 2001 | 2001/3738 |
Section 67(2) (partially) Schedule 6 (partially) | 15th April 2002 | 2002/1312 |
2001 c. 15. See section 66 of the Act for the definition of “relevant authority”, which is relevant to the powers being exercised in the making of this Order.
Paragraph 9 of Schedule 5 to the Act was amended by the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”), Schedule 2, paragraph 82.
Section 7 of the Act was amended by the 2002 Act, section 21 and Schedule 1, paragraph 55(2); and section 11 of the Act was amended by the 2002 Act, Schedule 8, paragraph 35.
Schedule 1 to the Act was amended by the 2002 Act, Schedule 2, paragraph 79, and Schedule 3, paragraph 17.
Section 20(6) was amended by S.I. 2002/2469, Schedule 1, Part 1, paragraph 30.
See S.I. 2001/3738.
1977 c. 49. Section 42(3)(d) was amended by the National Health Service and Community Care Act 1990 (c. 19), section 12(3)(a), and by the Health Authorities Act 1995 (c. 17), section 2(1) and Schedule 1, paragraph 30.
See S.I. 2001/3738.
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