Explanatory note
(This note is not part of the Order)
This Order is the fourth commencement order made under the Health and Social Care Act 2008 (“the Act”).
Article 2 brings into force on 1st December 2008 section 145 of the Act which makes the provision of certain accommodation and care in a care home a function of a public nature for the purposes of the Human Rights Act 1998. Section 145 is not brought into force in relation to adult placement carers within the meaning of regulation 46 of the Care Homes (Wales) Regulations 2002.
Article 3 brings into force—
On 1st December 2008, section 155 of the Act which allows the Secretary of State to form (or participate in the forming of) companies in connection with the giving of financial assistance under section 149 of the Act. The definitions of “this group of sections” and “company” in section 156 are also commenced.
On 1st April 2009, sections 149 to 154 of the Act, which relate to financial assistance related to the provision of health and social care services, and section 156 of the Act insofar as it is not already in force.