Citation, interpretation and application

1.—(1) This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 12) (England) Order 2003.

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

(3) This Order applies to England only.

Appointed day in respect of section 49 of the Act

2.  1st April 2003 is the appointed day for the coming into force of section 49 of the Act in so far as that section has not already been brought into force.

Appointed day in respect of direct payments

3.—(1) 16th March 2003 is the appointed day for the coming into force of—

(a)section 57 of the Act, in so far as that section is not already in force(2), and

(b)section 58 of the Act, but only for the purpose of making regulations under section 17A of the Children Act 1989 as substituted by section 58 of the Act.

(2) 8th April 2003 is the appointed day for the coming into force of—

(a)section 58 of the Act, in so far as that section has not already been brought into force by virtue of paragraph (1)(b);

(b)sub-paragraphs (1) and (2) of paragraph 15 of Schedule 5 to the Act and section 67(1) of the Act in so far as it relates to those sub-paragraphs;

(c)paragraph 15(1) and (3) of Schedule 5 to the Act and section 67(1) of the Act as they relate to the reference to the making of direct payments to person in respect of his securing provision of community care services or services to carers; and

(d)section 67(2) of the Act in so far as it relates to the entries in Part 3 of Schedule 6 to the Act relating to—

(i)the Community Care (Direct Payments) Act 1996(3); and

(ii)the Carers and Disabled Children Act 2000(4).

Explanatory Note

(This note is not part of the Order)

This Order is the twelfth Commencement Order made under the Health and Social Care Act 2001 (“the Act”) relating to England. It applies to England only.

Article 2 brings into force on 1st April 2003 section 49 of the Act (which excludes nursing care from community care services) in so far as that section is not already in force.

Article 3 brings into force on 16th March 2003 section 57 of the Act (in so far as not already in force). It also brings into force section 58 of the Act (which substitutes a new section 17A in the Children Act) on 16th March 2003, but only for the purposes of making regulations under the new section 17A (see paragraph (1)(b)). Section 17A will come fully into force on 8th April 2003 (see article 3(2)(a)).

Article 3 also makes minor and consequential amendments to, and repeals of, various enactments in connection with the coming into force of sections 57 and 58 of the Act.

Note as to Earlier Commencement Orders

(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.