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Health and Social Care Act 2008

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  2. 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.

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Changes to legislation:

Health and Social Care Act 2008, SCHEDULE 10 is up to date with all changes known to be in force on or before 19 January 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • specified provision(s) amendment to earlier commencing SI 2009/462 art. 1(4) Sch. 5 para. 2 by S.I. 2009/580 art. 2 (This amendment does not affect the commencements made by S.I. 2009/462)

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

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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.

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

Section 127

SCHEDULE 10E+W+S+N.I.Further amendments relating to Part 2

This schedule has no associated Explanatory Notes

Provision consequential on section 113(1)E+W+S+N.I.

1(1)Any reference in any instrument or document to the Council for the Regulation of Health Care Professionals is to be read, in relation to any time after the commencement of section 113(1), as a reference to the Council for Healthcare Regulatory Excellence.E+W+S+N.I.

(2)Any reference in this Act or in any other enactment, instrument or document to the Council for Healthcare Regulatory Excellence is to be read, in relation to any time before the commencement of section 113(1), as a reference to the Council for the Regulation of Health Care Professionals.

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Commencement Information

I1Sch. 10 para. 1 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(i)

Public Records Act 1958 (c. 51)E+W+S+N.I.

2In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the table set out in paragraph 3 of that Schedule—E+W+S+N.I.

(a)for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”, and

(b)at the appropriate place insert— “ The Office of the Health Professions Adjudicator. ”

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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

I3Sch. 10 para. 2(b) in force at 25.1.2010 by S.I. 2010/23, art. 2(h)(i)

Public Bodies (Admission to Meetings) Act 1960 (c. 67)E+W+S+N.I.

3In the Schedule to the Public Bodies (Admission to Meetings) Act 1960—E+W+S+N.I.

(a)in paragraph 1 (bodies to which in England and Wales Act applies), for the paragraph (bd) inserted by paragraph 21 of Schedule 7 to the 2002 Act substitute—

(bca)the Council for Healthcare Regulatory Excellence;

(bcb)the Office of the Health Professions Adjudicator;, and

(b)in paragraph 2 (bodies to which in Scotland Act applies), before paragraph (d) insert—

(ca)the Council for Healthcare Regulatory Excellence;

(cb)the Office of the Health Professions Adjudicator;.

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Commencement Information

I4Sch. 10 para. 3 in force at 1.1.2009 for specified purposes by S.I. 2008/3244, art. 2(i)(iii)

I5Sch. 10 para. 3 in force at 25.1.2010 in so far as not already in force by S.I. 2010/23, art. 2(h)(ii)

House of Commons Disqualification Act 1975 (c. 24)E+W+S+N.I.

4In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified)—E+W+S+N.I.

(a)for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I6Sch. 10 para. 4(a) in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(iv)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)E+W+S+N.I.

5In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified)—E+W+S+N.I.

(a)for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I7Sch. 10 para. 5(a) in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(v)

Race Relations Act 1976 (c. 74)E+W+S+N.I.

F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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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.

Amendments (Textual)

Dentists Act 1984 (c. 24)E+W+S+N.I.

Prospective

7In section 27 of the Dentists Act 1984 (allegations against registered dentists), in subsection (2)(g), after “social care profession” insert “ , or by the Office of the Health Professions Adjudicator, ”.E+W+S+N.I.

8In section 36A of the Dentists Act 1984 (professions complementary to dentistry), in subsection (1)(b), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.E+W+S+N.I.

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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

I8Sch. 10 para. 8 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(vii)

Prospective

F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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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.

Amendments (Textual)

Health Act 1999 (c. 8)E+W+S+N.I.

10In section 60 of the 1999 Act (regulation of health care and associated professions), in subsection (1)(c), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.E+W+S+N.I.

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Commencement Information

11In section 62 of the 1999 Act (regulations and orders), for subsection (4) substitute—E+W+S+N.I.

(4)Any power under this Act to make Orders in Council or orders—

(a)may be exercised either in relation to all cases to which the power extends, or in relation to all cases subject to specified exceptions, or in relation to any specified cases or classes of case,

(b)may be exercised so as to make, as respects the cases in relation to which it is exercised—

(i)the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii)the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act,

(iii)any such provision either unconditionally or subject to any specified condition, and

(c)may, in particular, be exercised so as to make different provision for different areas.

(4A)Any such power includes power—

(a)to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as the person exercising the power considers to be expedient, and

(b)to provide for a person to exercise a discretion in dealing with any matter.

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Commencement Information

I10Sch. 10 para. 11 partly in force; Sch. 10 para. 11 in force for specified purposes at Royal Assent, see s. 170

I11Sch. 10 para. 11 in force at 1.1.2009 in so far as not already in force by S.I. 2008/3244, art. 3(d)

12In Schedule 3 to the 1999 Act (regulation of health care and associated professions), in paragraph 7(4), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.E+W+S+N.I.

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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

I12Sch. 10 para. 12 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(ix)

Freedom of Information Act 2000 (c. 36)E+W+S+N.I.

13In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities)—E+W+S+N.I.

(a)for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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.

Amendments (Textual)

Commencement Information

I13Sch. 10 para. 13(a) in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(x)

Prospective

Nursing and Midwifery Order 2001 (S.I. 2002/253)E+W+S+N.I.

F614. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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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.

Amendments (Textual)

Prospective

Health Professions Order 2001 (S.I. 2002/254)E+W+S+N.I.

F715. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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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.

Amendments (Textual)

National Health Service Reform and Health Care Professions Act 2002 (c. 17)E+W+S+N.I.

16For the title to section 25 of the 2002 Act, and for the heading immediately preceding the section, substitute “The Council for Healthcare Regulatory Excellence”.E+W+S+N.I.

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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

I14Sch. 10 para. 16 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(xi)

17(1)Section 25 of the 2002 Act is amended as follows.E+W+S+N.I.

(2)In subsection (3), for paragraphs (h) and (i) substitute—

(ga)the Nursing and Midwifery Council,

(gb)the Health Professions Council, and.

(3)In that subsection, for paragraph (j) substitute—

(j)any other regulatory body (within the meaning of Schedule 3 to the 1999 Act) established by an Order in Council under section 60 of that Act.

(4)In subsection (6), omit “and (3)”.

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Commencement Information

I15Sch. 10 para. 17 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(xii)

Prospective

F818. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

19For the title to Schedule 7 to the 2002 Act substitute “The Council for Healthcare Regulatory Excellence”.E+W+S+N.I.

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Commencement Information

I16Sch. 10 para. 19 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(xiii)

F9...E+W+S+N.I.

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Amendments (Textual)

F920. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F921. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F923. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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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.

Amendments (Textual)

National Health Service Act 2006 (c. 41)E+W+S+N.I.

24In section 201 of the National Health Service Act 2006 (disclosure of information), in subsection (4)(b), for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”.E+W+S+N.I.

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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

I17Sch. 10 para. 24 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(xiv)

National Health Service (Wales) Act 2006 (c. 42)E+W+S+N.I.

25In section 149 of the National Health Service (Wales) Act 2006 (disclosure of information), in subsection (4)(b), for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”.E+W+S+N.I.

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Commencement Information

I18Sch. 10 para. 25 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(xiv)

National Assembly for Wales (Disqualification) Order 2006 (S.I. 2006/3335)E+W+S+N.I.

26In Part 1 of the Schedule to the National Assembly for Wales (Disqualification) Order 2006 (bodies of which all members are disqualified)—E+W+S+N.I.

F10(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Prospective

Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289)E+W+S+N.I.

F1227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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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.

Amendments (Textual)

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Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

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Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
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