# The Health Act 1999 (Commencement No. 5) Order 1999 S.I. 1999/2793 · made 9 October 1999 This Order brings into force further provisions of the Health Act 1999. Made under: Health Act 1999 (Section 67) PDFs: Printed copy https://openlegislation.uk/health-act-1999-commencement-no-5-order-1999/pdf/uksi_19992793_en.pdf ## Introductory text NATIONAL HEALTH SERVICE, ENGLAND NATIONAL HEALTH SERVICE, WALES NATIONAL HEALTH SERVICE, SCOTLAND NATIONAL HEALTH SERVICE, NORTHERN IRELAND Made 9th October 1999 The Secretary of State for Health, in exercise of the powers conferred upon him by section 67(1) and (2) of the Health Act 1999, and of all other powers enabling him in that behalf, hereby makes the following Order: ## 1 Citation and interpretation (1) This Order may be cited as the Health Act 1999 (Commencement No. 5) Order 1999. (2) In this Order— “the Act” means the Health Act 1999; “the 1977 Act” means the National Health Service Act 1977. (3) Subject to paragraphs (4) and (5), this Order extends to England. (4) Article 2(1)(b) to (d) and (3)(a) extends also to Wales. (5) Article 2(1)(c) and (d) extends also to Scotland and Northern Ireland. ## 2 Appointed days (1) 1st November 1999 is the day appointed for the coming into force of— (a) to the extent there specified, each provision of the Act specified in column 1 of Schedule 1 to this Order; (b) to the extent there specified, each provision of the Act specified in column 1 of Schedule 2 to this Order; (c) section 25 of the Act; (d) in Schedule 5 to the Act, the repeal related to section 62 of the National Health Service and Community Care Act 1990, and section 65(2) in so far as it relates to that repeal. (2) 4th January 2000 is the day appointed for the coming into force of sections 18 and 20 of the Act, in so far as they are not already in force, and section 21 of the Act. (3) 1st April 2000 is the day appointed for the coming into force of— (a) each provision of the Act specified in column 1 of Schedule 3 to this Order; (b) sections 9, 26 to 28, 29, in so far as it is not already in force, and 30 to 32 of the Act; (c) the following paragraphs of Schedule 4 to the Act (amendments of enactments) and section 65(1) of the Act in so far as it relates to those paragraphs— (i) paragraph 14, in so far as it is not already in force, and paragraph 4 in so far as it relates to that paragraph, (ii) paragraph 72. ## Signature Signed by authority of the Secretary of State for Health John Denham Minister of State, Department of Health 9th October 1999 ## Schedule 1 PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST NOVEMBER 1999 IN RELATION ONLY TO ENGLAND (1) (2) Provisions of the Act Subject matter Section 18 (except in so far as it relates to Primary Care Trusts) Duty of quality Section 29(2)(a) and (3) and section 29(1) in so far as it relates to it Payments by NHS bodies to local authorities Section 39 Evasion of charges Section 65(1) (in so far as it relates to the paragraphs of Schedule 4 specified below) Schedule 4— paragraph 14(2) and (4)(b), and paragraphs 4 and 14(1) in so far as they relate to it paragraph 14(3) and (4)(a) and (e) only in so far as it relates to payments made under section 28A(2A) of the 1977 Act, and paragraphs 4 and 14(1) in so far as they relate to that paragraph paragraph 36 and paragraph 4 in so far as it relates to that paragraph Amendments of enactments ## Schedule 2 PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST NOVEMBER 1999 IN RELATION TO ENGLAND AND WALES (1) (2) Provisions of the Act Subject matter Section 19 The Commission for Health Improvement Section 20 (except in so far as it relates to Primary Care Trusts) Functions of the Commission Section 23 Obtaining of information by the Commission Section 24 Restrictions on disclosure of information by the Commission Schedule 65(1) (in so far as it relates to the provisions of Schedule 4 specified below) Schedule 65(2) (in so far as it relates to the provisions of Schedule 5 specified below) Schedule 2 The Commission for Health Improvement Schedule 4— paragraph 76(a)(ii) and paragraph 74 in so far as it relates to it paragraph 81(2)(b) and paragraphs 74 and 81(1) in so far as they relate to it Amendments of enactments In Schedule 5, the repeals related to section 15 of the Health Service Commissioners Act 1993 Repeals ## Schedule 3 PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST APRIL 2000 IN RELATION TO ENGLAND AND WALES (1) (2) Provisions of the Act Subject matter Section 41 High security psychiatric services Section 65(1) (in so far as it relates to the provisions of Schedule 4 specified below) Section 65(2) (in so far as it relates to the provisions of Schedule 5 specified below) Schedule 4— paragraph 27(b) and paragraph 4 in so far as it relates to it paragraph 38(2)(b) and (d), and paragraphs 4 and 38(1) in so far as they relate to it paragraphs 65 to 69 Amendments of enactments In Schedule 5, the repeals related to— sections 91(4) and 128(1) (in so far as it relates to the definition of “special hospital”) of the 1977 Act Repeals the Mental Health Act 1983 ## Explanatory note (This note is not part of the Order) This Order brings into force further provisions of the Health Act 1999. Provisions which are brought into force on 1st November 1999 in relation only to England relate to the duty of quality, payments by NHS bodies to local authorities, evasion of charges, and the Health Service Commissioners. Provisions which are brought into force on 1st November 1999 in relation to England and Wales relate to the Commission for Health Improvement. Section 25 (abolition of the Clinical Standards Advisory Group) and related provisions are brought into force on that date in relation to England, Wales, Scotland and Northern Ireland. Sections 18 (duty of quality) and 20 (functions of the Commission for Health Improvement), in so far as they relate to Primary Care Trusts, and section 21 (arrangements between the Commission for Health Improvement and the Audit Commission) are brought into force in relation to England on 4th January 2000. Provisions which are brought into force on 1st April 2000 in relation to England and Wales relate to high security psychiatric services. Provisions which are brought into force on that date in relation only to England relate to indemnity cover for services provided under Part II of the National Health Service Act 1977, and partnership between NHS bodies and local authorities (including plans for improving health, payments or arrangements between NHS bodies and local authorities, and the repeal of provisions relating to Joint Consultative Committees). --- Source: https://www.legislation.gov.uk/uksi/1999/2793 (the official version) Page: https://openlegislation.uk/health-act-1999-commencement-no-5-order-1999 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.