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The Health and Social Care Act 2001 (Commencement No. 4) (Wales) Order 2003

W.S.I. 2003/713 · Made 12 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.

NATIONAL HEALTH SERVICE, WALES

Made 12th March 2003

The National Assembly for Wales, in exercise of the powers conferred upon it 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. The “relevant authority” is defined in section 66 of the Act.

Contents

  1. 1Citation, interpretation and application
  2. 2Appointed day in respect of section 13 of the 2001 Act
  3. Signature
  4. Explanatory note

1Citation, interpretation and application

(1)

This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 4) (Wales) Order 2003.

(2)

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

(3)

This Order applies to Wales only.

2Appointed day in respect of section 13 of the 2001 Act

17th March 2003 is the appointed day for the coming into force of section 13 of the 2001 Act.

Signature

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998f1

John Marek

The Deputy Presiding Officer of the National Assembly for Wales.

12th March 2003

Explanatory note

(This note is not part of the Order)

Article 2 of this Order appoints 17th March 2003 as the day on which section 13 of the 2001 Act is to come into force in relation to Wales. Section 13 of the Act relates to intervention orders and inserts new sections 84A and B into the National Health Service Act 1977.

Section 13, when commenced, will enable the Assembly to intervene in specified categories of NHS body where it has concerns about the management of that body, its ability to perform its functions adequately or where there has been a catastrophic event.

Section 84A will enable the Assembly to make an intervention order where a NHS body to which the section applies is not performing one or more of its functions adequately or at all, or where there are significant failings in the way the body is being run. Before making an intervention order the Assembly will have to be satisfied that it is appropriate for it to do so.

Section 84B sets out the effect of an intervention order and the various forms the intervention may take. An intervention order may provide for the removal or suspension of members of the NHS body in question and for new individuals to be appointed in their place; can require a NHS body to make arrangements for some other person or body to perform that body’s functions; can disapply or modify any legislative provision relating to the membership or procedure of the body subject to intervention, and can include directions to give full effect to an intervention.