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Statutory Instruments

1999 No. 2177 (C.54)

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

NATIONAL HEALTH SERVICE, SCOTLAND

NATIONAL HEALTH SERVICE, NORTHERN IRELAND

The Health Act 1999 (Commencement No. 1) Order 1999

Made

2nd August 1999

The Secretary of State for Health, in exercise of the powers conferred by section 67(1) and (2) of the Health Act 1999(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Health Act 1999 (Commencement No. 1) Order 1999.

(2) In this Order references to sections and subsections are references to sections and subsections of the Health Act 1999.

Appointed days

2.—(1) The day appointed for the coming into force of sections 62 (regulations and orders), 63 (supplementary and consequential provision etc.) and 64 (interpretation) is 3rd August 1999.

(2) For the purpose only of consulting the industry body, 3rd August 1999 is the day appointed for the coming into force of—

(a)section 34 (power to control prices);

(b)section 36 (statutory schemes: supplementary) in so far as it relates to the introduction of a limit under section 34;

(c)section 37 (enforcement);

(d)subsection (6) of section 38 (controls: supplementary) except in so far as it relates to sections 33 (powers relating to voluntary schemes) and 35 (statutory schemes).

(3) 1st September 1999 is the day appointed for the coming into force of—

(a)section 33(1) to (6) except in so far as it relates to section 35; and

(b)section 38 in so far as it relates to the exercise of any power conferred by section 33(6).

(4) 1st November 1999 is the day appointed for the coming into force of—

(a)sections 34, 37(1) to (9) and 38(5) in so far as they are not already in force; and

(b)section 38 in so far as it relates to the exercise of any power conferred by sections 34 and 37.

Frank Dobson

Secretary of State for Health

2nd August 1999

Explanatory Note

(This note is not part of the Order)

This Order brings into force certain provisions in the Health Act 1999 concerned with the control of prices and profits of manufacturers and suppliers of health service medicines.

Article 2(1) brings sections 62 (regulations and orders), 63 (supplementary and consequential provision etc.) and 64 (interpretation) into force on 3rd August 1999.

Article 2(2) provides that the provisions which provide for consultation with the industry body on the introduction of a price or profit limit and on enforcement will be brought into force on 3rd August 1999.

Article 2(3) provides for provisions relating to regulations concerning the manner of consent by a manufacturer or supplier to a voluntary scheme made by the Secretary of State and the ABPI shall be brought into force on 1st September 1999.

Article 2(4) provides for provisions relating to introduction of a price limit, including provisions requiring manufacturers and suppliers to record and keep information and provide it to the Secretary of State and on enforcement, to come into force on 1st November 1999.