Health and Social Care (Community Health and Standards) Act 2003

Status:

This version of this cross heading contains provisions that are prospective.

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

where the provision (Part, Chapter or section) has never come into force or;
where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Health and Social Care (Community Health and Standards) Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to Part 2 Chapter 10 Crossheading Relationship-with-government:

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

s. 48-69A repealed by 2008 c. 14 Sch. 5 para. 40 Sch. 15 Pt. 1

Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Act modified by S.I. 2004/567 art. 2
Act modified by S.I. 2009/462 art. 9 Sch. 3
Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 47A-47C inserted by 2006 c. 28 s. 14
s. 47A-47C repealed by 2008 c. 14 Sch. 5 para. 39 Sch. 15 Pt. 1
s. 53A 53B inserted by 2006 c. 28 s. 16
s. 69A inserted by 2004 c. 23 Sch. 2 para. 59
s. 145A inserted by 2004 c. 23 Sch. 2 para. 61
s. 145A repealed by 2008 c. 14 Sch. 5 para. 50 Sch. 15 Pt. 1

Commencement Orders yet to be applied to the Health and Social Care (Community Health and Standards) Act 2003:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

S.I. 2003/3346 art. 2-5 commences (2003 c. 43)
S.I. 2004/288 art. 2-6 commences (2003 c. 43)
S.I. 2004/480 art. 2-5 commences (2003 c. 43)
S.I. 2004/759 art. 2-13 commences (2003 c. 43)
S.I. 2004/866 art. 2 amendment to earlier commencing SI 2004/288
S.I. 2004/873 art. 2 commences (2003 c. 43)
S.I. 2004/1009 art. 2 amendment to earlier commencing SI 2004/288
S.I. 2004/1019 art. 2 amendment to earlier commencing SI 2004/480
S.I. 2004/2626 art. 2 commences (2004 c. 43)
S.I. 2005/38 art. 2 commences (2003 c. 43)
S.I. 2005/457 art. 2 commences (2003 c. 43)
S.I. 2005/2278 art. 2 commences (2003 c. 43)
S.I. 2005/2925 art. 2 4-11 commences (2003 c. 43)
S.I. 2005/3285 art. 2 commences (2003 c. 43)
S.I. 2006/345 art. 8 amendment to earlier commencing SI 2004/480
S.I. 2006/836 art. 2 amendment to earlier commencing SI 2004/759
S.I. 2006/836 art. 2 amendment to earlier commencing SI 2005/2925
S.I. 2006/1407 Sch. 1 Pt. 2 para. 13 commences (2003 c. 43)
S.I. 2006/1680 art. 2 3 commences (2003 c. 43)
S.I. 2006/2817 art. 2 commences (2003 c. 43)
S.I. 2006/3397 art. 2 3 commences (2003 c. 43)
S.I. 2008/1334 art. 2 commences (2003 c. 43)
S.I. 2011/212 art. 2 commences (2003 c. 43)
S.S.I. 2007/10 art. 2 commences (2003 c. 43)

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2005/121 art. 2 commences (2004 c. 17)
S.I. 2005/394 art. 2 commences (2004 c. 31)
S.I. 2005/558 art. 2 Sch. 1 commences (2004 c. 23)
S.I. 2005/1432 art. 2 commences (2005 c. 12)
S.I. 2005/2800 art. 3-5 commences (2005 c. 10)
S.I. 2006/885 art. 2 commences (2004 c. 31)
S.I. 2006/2603 art. 2-5 commences (2006 c. 28)
S.I. 2006/3125 art. 2-4 commences (2006 c. 28)
S.I. 2007/935 art. 2-7 commences (2006 c. 40)
S.I. 2007/1102 art. 2 amendment to earlier commencing SI 2004/759
S.I. 2008/172 art. 2-9 commences (2007 c. 28)
S.I. 2008/917 art. 2-5 commences (2007 c. 28)
S.I. 2008/1900 art. 2 commences (2007 c. 12)
S.I. 2009/462 art. 2-5 commences (2008 c. 14)
S.I. 2009/1604 art. 2 commences (2005 c. 4)
S.I. 2009/2611 art. 2 Sch. commences (2006 c. 47)
S.I. 2010/30 art. 2-4 commences (2009 c. 21)
S.I. 2010/708 art. 1-14 commences (2008 c. 14)
S.I. 2010/807 art. 2 Sch. 1 commences (2008 c. 14)
S.I. 2011/211 art. 2 commences (2008 nawm 1)
S.I. 2011/211 art. 2 Sch. commences ()
S.I. 2011/1066 art. 2 commences (2010 c. 15)
S.S.I. 2007/9 art. 2 commences (2006 c. 28)
S.S.I. 2011/268 art. 8 commences (2011 asp 7)

Relationship with governmentE+W

130Duty to have regard to government policy: CHAIE+W

(1)In exercising any of its functions the CHAI must have regard to such aspects of government policy as the Secretary of State may direct.

(2)Subsection (1) does not apply in relation to any of the CHAI’s functions under section 48(1), 49, 51 or 53.

(3)In exercising any of its functions under any of the sections referred to in subsection (2)—

(a)where the exercise relates to the provision of health care by or for an English NHS body or cross-border SHA, the CHAI must have regard to such aspects of government policy as the Secretary of State may direct; and

(b)where the exercise relates to the provision of health care by or for a Welsh NHS body, the CHAI must have regard to such aspects of the Assembly’s policy as the Assembly may direct.

(4)In relation to any function conferred on the CHAI under subsection (1)(a) of section 58, regulations under that section may do either or both of the following—

(a)they may disapply subsection (1) of this section in relation to that function;

(b)they may require the CHAI, in exercising the function in relation to the provision of health care by or for a Welsh NHS body, to have regard to such aspects of the Assembly’s policy as the Assembly may direct.

(5)A direction under this section—

(a)must be given in writing;

(b)may be varied or revoked by a further direction under this section.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 130 partly in force; s.130 in force at Royal Assent for certain purposes, see s. 199(1)(4)

Prospective

131Duty to have regard to government policy: CSCIE+W

(1)In exercising any of its functions the CSCI must have regard to such aspects of government policy as the Secretary of State may direct in writing.

(2)A direction given under this section may be varied or revoked by a further such direction.

132Failure in discharge of functions: CHAIE+W

(1)Where the Secretary of State considers that the CHAI is to a significant extent—

(a)failing to discharge any of its functions under this Act; or

(b)failing properly to discharge any of those functions;

he may give a direction to the CHAI.

(2)The Secretary of State must consult the Assembly before giving a direction under this section in respect of a failure which—

(a)relates to any function of the CHAI under section 48(1), 49, 51 or 53; and

(b)relates to the provision of health care by or for a Welsh NHS body.

(3)Regulations under section 58 may, in relation to any function conferred on the CHAI under subsection (1)(a) of that section, provide that—

(a)the Assembly, and not the Secretary of State, may give directions to the CHAI under subsection (1);

(b)the Assembly, as well as the Secretary of State, may give directions to the CHAI under subsection (1).

(4)The CHAI must comply with any direction given to it under this section.

(5)A direction given under this section—

(a)must be given in writing;

(b)may be varied or revoked by a further direction under this section.

Annotations:

Commencement Information

I2S. 132 partly in force; s. 132 in force at Royal Assent for certain purposes, see s. 199(1)(4)

Prospective

133Failure in discharge of functions: CSCIE+W

(1)Where the Secretary of State considers that the CSCI is to a significant extent—

(a)failing to discharge any of its functions under this Act or the Children Act 1989 (c. 41), or

(b)failing properly to discharge any of those functions,

he may give it a direction in writing.

(2)The CSCI must comply with any such direction.

(3)A direction given under this section may be varied or revoked by a further such direction.

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Health and Social Care (Community Health and Standards) Act 2003

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Changes and effects yet to be applied to Part 2 Chapter 10 Crossheading Relationship-with-government:

Changes and effects

Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

Commencement Orders yet to be applied to the Health and Social Care (Community Health and Standards) Act 2003:

Commencement Orders

Relationship with governmentE+W

130Duty to have regard to government policy: CHAIE+W

131Duty to have regard to government policy: CSCIE+W

132Failure in discharge of functions: CHAIE+W

133Failure in discharge of functions: CSCIE+W

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