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The Health and Social Care Act 2008 (Commencement No.13, Transitory and Transitional Provisions and Electronic Communications) Amendment Order 2010

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This Statutory Instrument has been made in consequence of a defect in S.I. 2009/3023(C.130) and is being issued free of charge to all known recipients of that Statutory Instrument

Statutory Instruments

2010 No. 47

National Health Service, England

The Health and Social Care Act 2008 (Commencement No.13, Transitory and Transitional Provisions and Electronic Communications) Amendment Order 2010

Made

11th January 2010

Laid before Parliament

15th January 2010

Coming into force

8th February 2010

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 161(3) and (4) and 167 of the Health and Social Care Act 2008(1).

Citation and commencement

1.  This Order may be cited as the Health and Social Care Act 2008 (Commencement No.13, Transitory and Transitional Provisions and Electronic Communications) Amendment Order 2010 and shall come into force on 8th February 2010.

Amendment of the Health and Social Care Act 2008 (Commencement No.13, Transitory and Transitional Provisions and Electronic Communications) Order 2009

2.  In article 1(2) (interpretation) of the Health and Social Care Act 2008 (Commencement No.13, Transitory and Transitional Provisions and Electronic Communications) Order 2009(2), in paragraph (b) of the definition of “determination”, after “(notice of decisions)” insert “or article 7”.

Signed by authority of the Secretary of State for Health

Mike O’Brien

Minister of State,

Department of Health

11th January 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Health and Social Care Act 2008 (Commencement No.13, Transitory and Transitional Provisions and Electronic Communications) Order 2009 (S.I. 2009/3023 (C.130)) (“the original Order”) to correct a defect in the definition of “determination” in article 1(2) of that Order. The amendment provides for the definition of “determination” to include a decision to give a notice under article 7 of the original Order.

As the defect in the definition of “determination” was an oversight in the original Order, this instrument is being issued free of charge to all known recipients of the original Order.

A full regulatory impact assessment has not been produced for this instrument or the original Order as no impact on the private or voluntary sectors is foreseen.

(1)

2008 c.14. See section 171(2) of that Act for the definition of “appropriate authority”.

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