The Health and Social Care (Community Health and Standards) Act 2003 Commencement (No.3) Order 2004

Explanatory Note

(This note is not part of the Order)

This order is the third commencement order under the Health and Social Care (Community Health and Standards) Act 2003 (“the 2003 Act”) .

Article 2 commences on 1st April 2004 certain provisions of Part 1 of the 2003 Act relating to NHS foundation trusts, including provisions relating to an Independent Regulator to regulate them.

Subject to article 3(3), article 3(1) commences on the 1st April 2004 provisions relating to the functions of the CHAI under Chapter 3 of Part 2 of the 2003 Act and under the Care Standards Act 2000(1).

Article 3(2) commences on the 1st April 2005 section 50(2) and (3), which oblige the CHAI to devise and publish criteria with respect to its annual review and award of a performance rating under section 50(1) of the 2003 Act. It also commences on that date sections 51(4) and 52(5), which oblige the CHAI to take into account any health care standards published by the Secretary of Sate and the Assembly when the CHAI carries out reviews under sections 51 and 52 of that Act.

Article 3(3) commences on the 1st April 2006 section 50(1) of the 2003 Act, for the purpose of the conduct of an annual review and the award of a performance rating in relation to certain NHS trusts that specialise in the provision of services to persons with learning disabilities (“excepted NHS trusts”) and in relation to standards published by the Secretary of State under section 46 of the 2003 Act when the CHAI exercises its functions under section 50 of that Act.

Article 4(1) commences from the 11th March 2004 provisions which provide a power for the CSCI and the Secretary of State to make arrangements for the CSCI to conduct inspections of secure training centres in England, and brings into force regulation making powers under the Care Standards Act 2000(2).

Article 4(2) commences from the 1st April 2004 provisions relating to the functions of the CSCI under Chapter 5 of Part 2 of the 2003 Act and under the Care Standards Act 2000(3), and provisions in Chapters 8 and 10 of the 2003 Act.

Article 5(1) commences from the 11th March 2004 provisions enabling the Secretary of State to make a scheme for the transfer of property, rights and liabilities from the National Care Standards Commission, the Audit Commission and the Crown to the CSCI and the CHAI.

Article 5(2) commences from the 1st April 2004 provisions relating to both the CHAI and the CSCI under the Care Standards Act 2000(4) and under Chapter 10 of Part 2 of the 2003 Act.

Article 6 commences on the 1st April 2004 section 111 of the Act, which imposes obligations under the Children Act 1989(5) upon the CSCI and the National Assembly for Wales.

Article 7 commences on the 1st April 2004 section 44 of the 2003 Act, which abolishes the Commission for Health Improvement and the National Care Standards Commission.

Article 8 commences on the 1st June 2004 provisions that relate to the handling of complaints that are made under regulations under Chapter 9 of Part 2 of the 2003 Act.

Article 9 commences on the 1st April 2004 provisions that concern the duty of quality on NHS bodies and the publication by the Secretary of State of standards relating to health care that is provided by or for NHS bodies, and also that amend the Audit Commission Act 1998 consequent on the functions given to the CHAI, the CSCI and the National Assembly for Wales under Part 2 of the 2003 Act.

Article 10 commences paragraph 26 of Schedule 11 to the 2003 Act on the 11th March 2004 for the purpose of making regulations.

Article 11 commences an amendment to section 7 of the Protection of Children Act 1999(6) on the 1st April 2004.

Article 12 commences repeals relating to NHS foundation trusts in Part 1 of Schedule 14 to the 2003 Act on the 1st April 2004.

Article 13 commences repeals and revocations relating to standards in Part 2 of Schedule 14 to the 2003 Act on the 1st April 2004.

(1)

2000 c. 14.

(2)

2000 c. 14.

(3)

2000 c. 14.

(4)

2000 c. 14.

(5)

1989 c. 41.

(6)

1999 c. 14.