OpenLegislation

The Health and Social Care Act 2001 (Commencement No. 8) (Amendment) Order 2002

S.I. 2002/1170 · Made 26 March 2002

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.

MEDICINES

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

Made 26th March 2002

The Secretary of State for Health, in exercise of powers conferred on him by sections 64(6) and (8) and 70(2) of the Health and Social Care Act 2001f1 and all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2001 c. 15.

Contents

  1. 1Citation, interpretation and extent
  2. 2Amendment of the principal Order
  3. 3Amendment of the principal Order
  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. 8) (Amendment) Order 2002.

(2)

In this Order, the “principal Order” means the Health and Social Care Act 2001 (Commencement No. 8) Order 2002f1.

(3)

Article 2 extends to England and Wales.

(4)

Article 3 extends to England only.

2Amendment of the principal Order

In article 2(2) of the principal Order, after “section 15 of the Act” insert “, except for sub-section (3) thereof in so far as it applies to Wales,”.

3Amendment of the principal Order

After article 3 of the principal Order add—

“Transitional Provisions for vacancy appeals

4

Where before 1st April 2002 any person has appealed to the Secretary of State under regulations made under section 29B(3)(b)f1 of the 1977 Act, and the appeal has not been determined by that date, that appeal shall have effect as if it were an appeal to the FHSAAf2 and shall be dealt with in accordance with the Family Health Services Appeal Authority (Procedure) Rules 2001f3.”.

Signature

Signed by authority of the Secretary of State for Health

John Hutton

Minister of State,

Department of Health

26th March 2002

Explanatory note

(This note is not part of the Order)

This order amends the Health and Social Care Act 2001 (Commencement No. 8) Order 2002 (“the principal Order”).

Article 2(2) of the principal Order makes the appointed day for the coming into force in respect of England and Wales of section 15 of the Act 1st April 2002. Article 2 of this order amends that provision in respect of Wales whereby the appointed day for the coming into force of section 15, with the exception of sub-section (3), for all purposes except the making of regulations, shall be 1st April 2002.

Article 3 of this Order adds a transitional provision to the principal Order. It provides for appeals made to the Secretary of State before 1st April 2002 under regulations made under section 29B(3)(b) which have not been determined by that date to have effect as though they had been made to the Family Health Services Appeal Authority.