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The Health and Social Care Act 2001 (Commencement No. 12) (England) Order 2003

S.I. 2003/850 · Made 15 March 2003

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SOCIAL SERVICES, ENGLAND

Made 15th March 2003

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 2001f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2001 c. 15; see section 66 for the definition of relevant authority which is relevant to the powers being exercised in this Order.

Contents

  1. 1Citation, interpretation and application
  2. 2Appointed day in respect of section 49 of the Act
  3. 3Appointed day in respect of direct payments
  4. Signature
  5. Explanatory note

1Citation, interpretation and application

(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.

2Appointed day in respect of section 49 of the Act

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.

3Appointed day in respect of direct payments

(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 forcef1, 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 1996f2; and

(ii)

the Carers and Disabled Children Act 2000f3.

Signature

Signed by authority of the Secretary of State for Health

Jacqui Smith

Minister of State,

Department of Health

15th March 2003

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.