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The Health and Social Care (Community Health and Standards) Act 2003 (Savings) Order 2005

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Statutory Instruments

2005 No. 2279

FOOD

The Health and Social Care (Community Health and Standards) Act 2003 (Savings) Order 2005

Made

11th August 2005

Laid before Parliament

18th August 2005

Coming into force

7th October 2005

The Secretary of State for Health, in exercise of the powers conferred upon her by sections 195(1) and 200(1) of the Health and Social Care (Community Health and Standards) Act 2003(1), and of all other powers enabling her in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 (Savings) Order 2005 and shall come into force on 7th October 2005.

(2) In this Order—

“the 1988 Act” means the Social Security Act 1988(2);

“the 1996 Regulations” means the Welfare Food Regulations 1996(3); and

“the 2003 Act” means the Health and Social Care (Community Health and Standards) Act 2003.

Welfare Food Regulations 1996

2.  Subject to any provision made by regulations under section 13 of the 1988 Act (benefits under schemes for improving nutrition: pregnant women, mothers and children) following the commencement of section 185 of the 2003 Act (replacement of the Welfare Food Schemes: Great Britain)(4)—

(a)the 1996 Regulations shall continue to have effect, and

(b)section 13 of the 1988 Act as in force immediately before commencement of section 185 shall continue to have effect for the purpose of enabling provision to be made amending or revoking the 1996 Regulations,

notwithstanding the commencement of section 185.

Signed by authority of the Secretary of State for Health

Warner

Minister of State

Department of Health

Date 11th August 2005

Explanatory Note

(This note is not part of the Order)

This Order continues in effect the Welfare Food Regulations 1996(5) (“the 1996 Regulations”) on the replacement of the enabling power, section 13 of the Social Security Act 1988(6), by the coming into force of section 185 of the Health and Social Care (Community Health and Standards) Act 2003 (replacement of the Welfare Food Schemes: Great Britain)(7). It also continues section 13 for the purposes of amendments to or revocations of the 1996 Regulations.

No Regulatory Impact Assessment has been prepared.

(1)

2003 c. 43. Section 199(2) defines the “appropriate authority”.

(3)

S.I. 1996/1434.

(4)

See the Health and Social Care (Community Health and Standards) Act 2003 (Commencement) (No. 7) Order 2005, S.I. 2005/2278 (C.95).

(5)

S.I. 1996/1434.

(7)

See the Health and Social Care (Community Health and Standards) Act 2003 (Commencement) (No. 7) Order 2005, S.I. 2005/2278 (C.95)

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