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Statutory Instrument 2003 No. 53 (C. 3)

The Health and Social Care Act 2001 (Commencement No. 11) (England) Order 2002

(The document as of February, 2008. Arhiv.Online Library)

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STATUTORY INSTRUMENTS


2003 No. 53 (C. 3)


NATIONAL HEALTH SERVICE, ENGLAND


The Health and Social Care Act 2001 (Commencement No. 11) (England) Order 2002

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 Made30th 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:

Citation, interpretation and application
    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.

Appointed day for provisions relating to local pharmaceutical services
    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.

Appointed day for provisions relating to local authority scrutiny of health service provision and public involvement and consultation
    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.

Appointed day for provisions relating to pharmaceutical services
    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



EXPLANATORY NOTE

(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.



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.

ProvisionDate of CommencementS.I. No.
Section 1 (partially)22nd October 20012001/3619
Section 2 (partially)30th September 20022002/2363
Section 31st August 20012001/2804
Section 41st August 20012001/2804
Section 512th September 20022002/2363
Section 61st October 20012001/3294
Section 131st August 20012001/2804
Section 141st April 20022002/1095
Section 15 (partially)8th March 20022002/1095
Section 151st April 20022002/1095
Section 16Day referred to in article 2(4) and (5) of 2001/37382001/3738
Section 1714th December 20012001/3738
Section 1812th September 20022002/2363
Section 191st April 20022002/1095
Section 20(1) to (5) (partially)22nd November 20012001/3738
Section 20(1) to (5)14th December 20012001/3738
Section 2122nd November 20012001/3738
Section 2222nd November 20012001/3738
Section 2422nd November 20012001/3738
Section 25 (partially)22nd November 20012001/3738
Section 25 (partially)14th December 20012001/3738
Section 26(2)31st May 20022002/1095
Section 27 (partially)1st October 20012001/3294
Section 27 (partially)1st December 20012001/3294
Section 288th March 20022002/1095
Section 29 and Schedule 28th March 20022002/1095
Section 308th March 20022002/1095
Section 318th March 20022002/1095
Section 328th March 20022002/1095
Section 338th March 20022002/1095
Section 348th March 20022002/1095
Section 358th March 20022002/1095
Section 368th March 20022002/1095
Section 378th March 20022002/1095
Section 388th March 20022002/1095
Section 398th March 20022002/1095
Section 418th March 20022002/1095
Section 42 (partially)8th March 20022002/1095
Section 421st April 20022002/1095
Section 431st April 20022002/1095
Section 4519th December 20012001/4149
Section 461st August 20012001/2804
Section 47 (partially)1st August 20012001/2804
Section 47(5), (6)19th December 20012001/4149
Section 48, Schedule 41st August 20012001/2804
Section 49 (partially)1st October 20012001/3294
Section 50(1)8th April 20022001/3752
Section 50(2) to (7), (8), (10)20th December 20012001/3752
Section 518th November 20012001/3752
Section 528th November 20012001/3752
Section 531st October 20012001/3167
Section 541st October 20012001/3167
Section 55 (partially)1st October 20012001/3167
Section 6215th April 20022002/1312
Section 63 (partially)6th March 20022002/1095
Section 631st April 20022002/1095
Section 67(1) (partially), Schedule 5, paragraphs 3, 5(10)(b), 13(a), (b), (d) (partially), and 10 (partially)1st October 20012001/3294
Section 67(1) (partially), Schedule 5, paragraphs 5 (partially), and 15 (partially)22nd October 20012001/3619
Section 67(1), Schedule 5, paragraphs 3, 5(10)(b), 13(a), (b), (d) and 10 (partially)1st December 20012001/3294
Section 67(1) (partially), Schedule 5, paragraph 5(4) and (14) (partially)22nd November 20012001/3738
Section 67(1)(partially), Schedule 5, paragraphs 5(4) and (14) (partially) and 12(1) and (2)14th December 20012001/3738
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 20022002/1095
Section 67(1) (partially), Schedule 5, paragraphs 5(8) and (16)Day referred to in article 2(4) and (5) of S.I. 2001/37382001/3738
Section 67(2) (partially), Schedule 6 (partially)14th December 20012001/3738
Section 67(2) (partially), Schedule 6 (partially)14th December 20012001/3738
Section 67(2) (partially) Schedule 6 (partially)15th April 20022002/1312


Notes:

[1] 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.back

[2] 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.back

[3] 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.back

[4] Schedule 1 to the Act was amended by the 2002 Act, Schedule 2, paragraph 79, and Schedule 3, paragraph 17.back

[5] Section 20(6) was amended by S.I. 2002/2469, Schedule 1, Part 1, paragraph 30.back

[6] See S.I. 2001/3738.back

[7] 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.back

[8] See S.I. 2001/3738.back



ISBN 0 11 044612 7


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