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Health Act 2009
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- 2009 c. 21
- Schedule 5
- Part 2
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This version of this part contains provisions that are prospective.
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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Health Act 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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Commencement Orders yet to be applied to the Health Act 2009:
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. 2010/30 art. 2-4 commences (2009 c. 21)
- S.I. 2010/779 art. 2 commences (2009 c. 21)
- S.I. 2010/930 art. 2 commences (2009 c. 21)
- S.I. 2010/1068 art. 2 commences (2009 c. 21)
- S.I. 2010/1863 art. 2 commences (2009 c. 21)
- S.I. 2011/1255 art. 1 2 amendment to earlier commencing SI 2010/1068
- S.I. 2011/2362 art. 2 commences (2009 c. 21)
- S.R. 2012/68 art. 2 commences (2009 c. 21)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2012/1319 art. 2(3) commences (2012 c. 7)
Prospective
Part 2 E+WMinor and consequential amendments
Local Government Act 1974 (c. 7)E+W
4Part 3 of the Local Government Act 1974 is amended as follows.E+W
5(1)Section 23 (the Commission for Local Administration) is amended as follows.E+W
(2)In subsection (1), after “this Part” insert “ and Part 3A ”.
(3)In subsection (11), after “functions” insert “ (other than those under Part 3A of this Act) ”.
6In section 23A(1) (annual reports for representatives etc.), after “functions” insert “ (other than those under Part 3A of this Act) ”.E+W
7In section 26D(1)(a) (matters coming to attention of Local Commissioner), after “this Part” insert “ or Part 3A ”.E+W
8(1)Section 29 (investigations under Part 3: further provisions) is amended as follows.E+W
(2)For subsection (5) substitute—
“(5)Nothing in subsection (1) or subsection (3) above affects the restriction imposed by section 26 of the Public Services Ombudsman (Wales) Act 2005.”
(3)In subsection (6A), after “under this” insert “ Part of this ”.
9In section 30(1) (reports on investigations under Part 3), after “matter” insert “ under this Part of this Act ”.E+W
10In section 32(2) (law of defamation), after paragraph (a) insert—E+W
“(aza)for the purposes of an investigation under Part 3A of this Act and of any statement, adverse findings notice or summary under section 34H, 34I or 34J in relation to such an investigation; or”.
11(1)Section 33ZA (collaborative working between Local Commissioners and Other Commissioners) is amended as follows.E+W
(2)In subsection (1), after “under this” (in both places where it occurs) insert “ Part of this ”.
(3)In subsection (3)—
(a)after “his jurisdiction” insert “ by virtue of this Part ”,
(b)after “under this” insert “ Part of this ”.
(4)In subsection (4), after “under this” insert “ Part of this ”.
12In Schedule 4 (the Commission), in paragraph 1, after sub-paragraph (2) insert—E+W
“(2A)A Local Commissioner shall not conduct a case which involves an adult social care provider if the Local Commissioner has a financial or other interest in the provider which is likely to affect prejudicially the exercise of his functions.
(2B)In sub-paragraph (2A) “adult social care provider” has the same meaning as in Part 3A of this Act.”
Health Service Commissioners Act 1993 (c. 46)E+W
13In section 18(1)(c) of the Health Service Commissioners Act 1993 (consultations during investigations), after “Part III” insert “ or 3A ”.E+W
Freedom of Information Act 2000 (c. 36)E+W
14In section 76 of the Freedom of Information Act 2000 (disclosure of information between Commissioner and ombudsmen), in the Table, in the second column, after “Part III” insert “ or Part 3A ”.E+W
Scottish Public Services Ombudsman Act 2002 (2002 asp 11)E+W
15In section 21(1)(d) of the Scottish Public Services Ombudsman Act 2002 (consultation and cooperation with other Commissioners and Ombudsmen), after “Part III” insert “ or 3A ”.E+W
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