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The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009

S.I. 2009/462 · Made 25 February 2009 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 July 2022.

This Statutory Instrument has been printed in substitution of the SI of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.

Mental Health, England And Wales

National Health Service

Public Health

Social Care

Made 25th February 2009

Laid before Parliament 5th March 2009

Coming into force

for the purpose of article 6 27th March 2009

for all other purposes except paragraphs 1 and 2 of Schedule 5 1st April 2009

for the purposes of paragraphs 1 and 2 of Schedule 5 6th April 2009

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 161(3) and (4), 167(1) and (3) and 170(3) and (4) of the Health and Social Care Act 2008f1.

In accordance with section 172(3) of the Health and Social Care Act 2008, the Secretary of State has consulted the Welsh Ministers.

Annotations to the whole text

Footnotes

f1

2008 c. 14. See section 171(2) of that Act for the definition of “appropriate authority”.

Contents

  1. 1Citation, commencement, extent, application and interpretation
  2. 2Appointed day for provisions relating to the dissolution of the CHAI, the CSCI and the MHAC and the functions of the Care Quality Commission
  3. 3Appointed day for provisions relating to public health protection
  4. 4Appointed day for provisions relating to the abolition of maintenance liability of relatives
  5. 5Appointed day for minor and consequential amendments relating to Part 5 of the Act
  6. 6Exercise by the Care Quality Commission of powers under section 113A of the 2000 Act
  7. 7Suspension of the offence of carrying on a regulated activity while unregistered
  8. 8Functions of the CHAI and the CSCI under the 2000 Act
  9. 9Functions of the CHAI and the CSCI under the 2003 Act
  10. 10Functions under the 1983 Act
  11. 11Provision for continuity in the exercise of functions
  12. 12Minor and consequential amendments
  13. 13Transitory provisions relating to the Health Protection Agency Repealed
  14. 14Transitory modification relating to section 156 of the Act
  15. 15Revocations
  16. Signature
  17. Schedule 1: Provisions of Part 1 of the Health and Social Care Act 2008 coming into force on 1st April 2009
  18. 1Paragraph 1
  19. 2Paragraph 2
  20. 3Paragraph 3
  21. 4Paragraph 4
  22. 5Paragraph 5
  23. 6Paragraph 6
  24. 7Paragraph 7
  25. 8Paragraph 8
  26. 9Paragraph 9
  27. 10Paragraph 10
  28. 11Paragraph 11
  29. 12Paragraph 12
  30. 13Paragraph 13
  31. 14Paragraph 14
  32. 15Paragraph 15
  33. 16Paragraph 16
  34. 17Paragraph 17
  35. 18Paragraph 18
  36. 19Paragraph 19
  37. 20Paragraph 20
  38. 21Paragraph 21
  39. 22Paragraph 22
  40. 23Paragraph 23
  41. 24Paragraph 24
  42. 25Paragraph 25
  43. 26Paragraph 26
  44. 27Paragraph 27
  45. 28Paragraph 28
  46. 29Paragraph 29
  47. 30Paragraph 30
  48. 31Paragraph 31
  49. 32Paragraph 32
  50. 33Paragraph 33
  51. 34Paragraph 34
  52. 35Paragraph 35
  53. 36Paragraph 36
  54. Schedule 2: Transitory provision in relation to functions of the CHAI and the CSCI under the 2000 Act
  55. 1Paragraph 1
  56. 2Paragraph 2
  57. 3Paragraph 3
  58. 4Paragraph 4
  59. 5Paragraph 5
  60. 6Paragraph 6
  61. 7Paragraph 7
  62. 8Paragraph 8
  63. 9Paragraph 9
  64. Schedule 3: Transitory, transitional and saving provisions in relation to functions of the CHAI and the CSCI under the 2003 Act
  65. 1Interpretation etc.
  66. 2Annual reviews
  67. 3Other reviews and investigations
  68. 4Failings
  69. 5Studies
  70. 6Explanations and statements of action
  71. 7Provision of advice to the Secretary of State and Welsh Ministers
  72. 8Provision of information to the Comptroller and Auditor General, NHS England and the Auditor General for Wales
  73. 9Arrangements with the Secretary of State for Defence
  74. 10Annual accounts
  75. 11Reports relating to the exercise of functions during the relevant financial year
  76. 12Co-operation with the Auditor General for Wales
  77. 13Availability of reports
  78. 14Modification of provisions of the 2003 Act
  79. 15Paragraph 15
  80. 16Paragraph 16
  81. 17Paragraph 17
  82. 18Paragraph 18
  83. 19Paragraph 19
  84. 20Paragraph 20
  85. 21Paragraph 21
  86. 22Paragraph 22
  87. 23Paragraph 23
  88. Schedule 4: Transitional provision in relation to functions under the 1983 Act
  89. 1Paragraph 1
  90. 2Paragraph 2
  91. 3Paragraph 3
  92. 4Paragraph 4
  93. 5Paragraph 5
  94. 6Paragraph 6
  95. 7Paragraph 7
  96. 8Paragraph 8
  97. 9Paragraph 9
  98. 10Paragraph 10
  99. 11Paragraph 11
  100. 12Paragraph 12
  101. 13Paragraph 13
  102. 14Paragraph 14
  103. 15Paragraph 15
  104. 16Paragraph 16
  105. 17Paragraph 17
  106. Schedule 5: Minor and Consequential Amendments
  107. 1The Merchant Shipping (Maintenance of Seamen’s Dependants) Regulations 1972
  108. 2The National Assistance (Assessment of Resources) Regulations 1992
  109. 3The Health Authorities (Membership and Procedure) Regulations 1996
  110. 4The National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 1996
  111. 5The Public Interest Disclosure (Prescribed Persons) Order 1999
  112. 6The Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999
  113. 7The Ionising Radiation (Medical Exposure) Regulations 2000
  114. 8The Welsh Language Schemes (Public Bodies) Order 2001
  115. 9The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002
  116. 10The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003
  117. 11The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004
  118. 12The Race Relations Act 1976 (Statutory Duties) Order 2004
  119. 13Paragraph 13
  120. 14The Health and Social Care Information Centre Regulations 2005
  121. 15The Children Act 2004 (Joint Area Reviews) Regulations 2005
  122. 16The Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005
  123. 17The National Health Service (General Dental Services Contracts) Regulations 2005
  124. 18The National Health Service (Personal Dental Services Agreements) Regulations 2005
  125. 19The National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006
  126. 20The National Health Service (General Dental Services Contracts) (Wales) Regulations 2006
  127. 21The Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Order 2006
  128. 22Paragraph 22
  129. 23The Controlled Drugs (Supervision of Management and Use) Regulations 2006
  130. 24The National Assembly for Wales (Disqualification) Order 2006
  131. 25The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008
  132. Schedule 6Revocations
  133. Explanatory note