{
  "url": "https://openlegislation.uk/health-and-social-care-act-2012-commencement-no-5-transitional-savings-and-transitory-provisions-order-2013/article-2",
  "json_url": "https://openlegislation.uk/health-and-social-care-act-2012-commencement-no-5-transitional-savings-and-transitory-provisions-order-2013/article-2.json",
  "legislation": "uksi/2013/671",
  "legislation_title": "The Health and Social Care Act 2012 (Commencement No. 5, Transitional, Savings and Transitory Provisions) Order 2013",
  "legislation_url": "https://openlegislation.uk/health-and-social-care-act-2012-commencement-no-5-transitional-savings-and-transitory-provisions-order-2013",
  "path": "article/2",
  "kind": "article",
  "number": "2",
  "heading": "Commencement of provisions",
  "text": "(1) Insofar as they are not already in force, the following provisions of the 2012 Act are to come into force in accordance with this Order.\n(2) Section 172(4) and (5)(b) (supplementary) come into force immediately before the coming into force of section 173 (repeal of de-authorisation provisions) in accordance with paragraph (3).\n(3) 1st April 2013 is the day appointed for the coming into force of—\nsection 66 (matters to have regard to in exercise of functions);\nsection 67 (conflicts between functions);\nsection 68 (duty to review regulatory burdens);\nsection 69 (duty to carry out impact assessments);\nsection 74 (competition functions: supplementary);\nsection 81 (requirement for health service providers to be licensed), only insofar as it relates to NHS foundation trusts;\nsection 82 (deemed breach of requirement to be licensed);\nsections 85 to 87 (application and criteria for, and grant of, licence), insofar as they relate to licences for NHS foundation trusts;\nsection 88 (application and grant: NHS foundation trusts);\nsection 89 (revocation of licence);\nsection 90 (right to make representations), except subsection (1)(a);\nsection 91 (notice of decisions), except subsection (1)(a);\nsection 92 (appeals to the Tribunal), except subsection (1)(a);\nsection 93 (register of licence holders);\nsection 94 (standard conditions);\nsection 95 (special conditions), except subsections (1)(b) and (6);\nsection 97 (conditions: supplementary);\nsection 98 (conditions relating to the continuation of the provision of services etc.);\nsection 99 (notification of commissioners where continuation of services at risk);\nsection 102 (modification of conditions by order under other enactments);\nsection 103 (standard condition as to transparency of certain criteria), except insofar as it relates to Monitor’s functions under section 100 and 101(7) of the 2012 Act;\nsection 104(2)(b) and (4)(c) (power to require documents and information);\nsection 105(1)(b) and (c), (2)(b) and (c) and (3) (discretionary requirements);\nsection 106 (enforcement undertakings), except subsection (1)(a);\nsection 108 (guidance as to use of enforcement powers);\nsection 109 (publication of enforcement action);\nsection 110 (notification of enforcement action);\nsections 111 to 114 (transitional provision);\nsection 148 (service of documents);\nsection 156(5) and (6) (annual report and forward plan);\nsection 159 (authorisation), except subsection (4);\nsection 163(2) and (7) to (9) (financial powers etc.);\nsection 164 (goods and services);\nsection 168 (mergers);\nsection 169 (acquisitions);\nsection 170 (separations);\nsection 171 (dissolution);\nsection 172 (supplementary);\nsection 173 (repeal of de-authorisation provisions);\nsection 289(4)(b) and (5), and section 289(1) insofar as it relates to those provisions (Care Quality Commission: duty to co-operate with Monitor); and\nin Schedule 11 (further provision about Monitor’s enforcement powers)—\n(a) paragraph 1,\n(b) paragraph 2(1), (2) and (3)(a), (b), (d) and (e),\n(c) paragraph 3, except sub-paragraph (2)(c),\n(d) paragraph 4(a) and (c),\n(e) paragraphs 5 and 6,\n(f) paragraph 7(1) and (2)(b),\n(g) paragraph 8(b), and\n(h) paragraphs 9 to 14,\nand section 107 insofar as it relates to those paragraphs.\n(4) 1st July 2013 is the day appointed for the coming into force of—\nsection 95;\nsection 96(1)(c) (limits on Monitor’s functions to set or modify licence conditions);\nsection 100 (modification of standard conditions);\nsection 101 (modification references to the Competition Commission);\nsection 103;\nsection 105(2)(a), (4) and (5); and\nsection 107 and Schedule 11.\n(5) Insofar as they relate to consultation under section 118 and 119 of the 2012 Act (consultation on proposals for the national tariff, and consultation: further provision) in relation to a tariff published by Monitor under section 116 of the 2012 Act (the national tariff), 1st September 2013 is the day appointed for the coming into force of—\nsection 120 (responses to consultation) and Schedule 12 (procedure on references under section 120);\nsection 121 (determination on reference under section 120);\nsection 122 (changes following determination on reference under section 120); and\nsection 123 (power to veto changes proposed under section 122).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "See section 306(1) of the Health and Social Care Act 2012 (c. 7) (“the 2012 Act”) for the provisions which came into force on the day the 2012 Act was passed, and S.I. 2012/1319 (C. 47), 2012/1831 (C. 71), 2012/2657 (C. 107) and 2013/160 (C. 9) for provisions of the 2012 Act which came into force by Order on earlier dates."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/671/article/2",
    "retrieved_at": "2026-10-29T01:00:11.471021+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}