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The Health and Social Care Act 2001 (Commencement No. 5) Order 2001

S.I. 2001/3752 · Made 7 November 2001

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 CARE, ENGLAND AND WALES

SOCIAL CARE, SCOTLAND

Made 7th November 2001

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.

Contents

  1. 1Citation, interpretation and extent
  2. 2Appointed days in respect of section 50 of the Act
  3. 3Appointed day in respect of sections 51 and 52 of the Act
  4. Signature
  5. Explanatory note

1Citation, interpretation and extent

(1)

This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 5) Order 2001.

(2)

In this Order—

  • “the Act” means the Health and Social Care Act 2001.

(3)

Article 2(1) and article 3 of this Order extend to England, Wales and Scotlandf1.

(4)

Article 2(2) of this Order extends to England only.

2Appointed days in respect of section 50 of the Act

(1)

8th April 2002 is the appointed day for the coming into force of subsection (1) of section 50 of the Act.

(2)

20th December 2001 is the appointed day for the coming into force of—

(a)

subsections (2) to (7) and (10) of section 50 of the Act, and

(b)

subsection (8) of section 50 of the Act in so far as that subsection has not already been brought into force.

3Appointed day in respect of sections 51 and 52 of the Act

8th November 2001 is the appointed day for the coming into force of sections 51 and 52 of the Act.

Signature

Signed by authority of the Secretary of State for Health

Jacqui Smith

Minister of State,

Department of Health

7th November 2001

Explanatory note

(This note is not part of the Order)

This Order is the fifth Commencement Order made under the Health and Social Care Act 2001 (“the Act”).

Article 2(1) brings into force in England, Wales and Scotland, on 8th April 2002, subsection (1) of section 50 of the Act, which provides that section 26A of the National Assistance Act 1948 (c. 29) (“the 1948 Act”) and section 86A of The Social Work (Scotland) Act 1968 (c. 49) shall cease to have effect. Sections 26A and 86A prevent local authorities from providing residential accommodation for persons who were in such accommodation on 31st March 1993.

Article 2(2) brings into force in England, on 20th December 2001, subsections (2) to (7) and (10) of section 50 of the Act and subsection (8) of that section in so far as it has not been brought into force by section 70(2) of the Act. The provisions commenced provide for the transfer to local authorities in England of responsibilities as to accommodation for persons to whom section 26A(1) of the 1948 Act applies.

Article 3 brings into force in England, Wales and Scotland, on 7th November 2001 sections 51 and 52 of the Act. Those sections provide for the disclosure of information and the alignment of social security benefits.