Search Legislation

The Health and Social Care Act 2008 (Consequential Amendments and Transitory Provisions) Order 2008

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Transitory provisions

This section has no associated Explanatory Memorandum

3.—(1) The enactments listed in this article are modified as there specified.

(2) Until the coming into force of paragraph 53 of Schedule 5 to the Act, Schedule A1 to the Prison Act 1952 (further provision about Her Majesty’s Chief Inspector of Prisons)(1) is modified as follows—

(a)in paragraph 2(2), after paragraph (e) insert—

(ea)the Care Quality Commission,; and

(b)in paragraph 3(2), after paragraph (b) insert—

(ba)the Care Quality Commission,.

(3) Until the coming into force of paragraph 60 of Schedule 5 to the Act, section 48(6) of the Copyright, Designs and Patents Act 1988 (“the Crown” includes certain bodies with health-related functions)(2) is modified by inserting “the Care Quality Commission,” after the words “section 18 of the National Health Service Act 2006,”.

(4) Until the coming into force of paragraph 63 of Schedule 5 to the Act, Schedule 4A to the Police Act 1996 (further provision about Her Majesty’s Inspectors of Constabulary)(3) is modified as follows—

(a)in paragraph 2(2), after paragraph (e) insert—

(ea)the Care Quality Commission,;

(b)in paragraph 3(2), after paragraph (c) insert—

(ca)the Care Quality Commission;; and

(c)in paragraph 4, after paragraph (e) insert—

(ea)the Care Quality Commission,.

(5) Until the coming into force of paragraph 66(2) and (3) of Schedule 5 to the Act, in section 33 of the Audit Commission Act 1998 (studies for improving economy etc in services)(4), subsection (6) is modified as follows—

(a)in paragraph (c), after the word “consult” insert “the Care Quality Commission,”; and

(b)in paragraph (d), after the word “consult” insert “the Care Quality Commission and”.

(6) Until the coming into force of paragraph 67(2) of Schedule 5 to the Act, in section 34 of the Audit Commission Act 1998 (reports on impact of statutory provisions etc.), subsection (6)(ba) is modified by inserting “the Care Quality Commission and” before “the Commission for Social Care Inspection”(5).

(7) Until the coming into force of paragraph 69 of Schedule 5 to the Act, Schedule 2A to the Audit Commission Act 1998 (interaction with other authorities)(6), paragraph 1(1) is modified by inserting after paragraph (f)—

(fa)the Care Quality Commission;.

(8) Until the coming into force of paragraph 70 of Schedule 5 to the Act, in section 25 of the Local Government Act 1999 (co-ordination of inspections etc.)(7), subsection (2) is modified by inserting after paragraph (d)—

(da)the Care Quality Commission;.

(9) Until the coming into force of paragraph 71 of Schedule 5 to the Act, the Schedule to the Crown Prosecution Service Inspectorate Act 2000 (further provision about Her Majesty’s Chief Inspector of the Crown Prosecution Service)(8) is modified as follows—

(a)in paragraph 2(2) after paragraph (e) insert—

(ea)the Care Quality Commission,; and

(b)in paragraph 4 after paragraph (e) insert—

(ea)the Care Quality Commission,.

(10) Until the coming into force of paragraph 74 of Schedule 5 to the Act, Schedule 1A to the Criminal Justice and Court Services Act 2000 (further provision about the Inspectorate)(9) is modified as follows—

(a)in paragraph 2(2), after paragraph (e) insert—

(ea)the Care Quality Commission,;

(b)in paragraph 3(2), after paragraph (b) insert—

(ba)the Care Quality Commission;; and

(c)in paragraph 4, after paragraph (e) insert—

(ea)the Care Quality Commission,.

(11) Until the coming into force of paragraph 75 of Schedule 5 to the Act, Schedule 3A to the Courts Act 2003 (further provision about the Inspectors of Court Administration)(10) is modified as follows—

(a)in paragraph 2(2), after paragraph (e) insert—

(ea)the Care Quality Commission,; and

(b)in paragraph 4, after paragraph (e) insert—

(ea)the Care Quality Commission,.

(12) Until the coming into force of paragraph 76 of Schedule 5 to the Act, section 62 of the Public Audit (Wales) Act 2004 (co-operation with Assembly, Audit Commission or CHAI)(11) is modified by omitting the word “or” and inserting after paragraph (b)—

(ba)the Care Quality Commission, or.

(13) Until the coming into force of paragraph 81 of Schedule 5 to the Act, paragraph 1 of Schedule 13 to the Education and Inspections Act 2006 (interaction with other authorities)(12) is modified as follows—

(a)in sub-paragraph (2), after paragraph (e) insert—

(ea)the Care Quality Commission,; and

(b)in sub-paragraph (3)(f), for “(2)(f)” substitute “(2)(ea)”.

(14) Until the coming into force of paragraph 82 of Schedule 5 to the Act, in section 9 of the National Health Service Act 2006 (NHS contracts)(13), subsection (4) is modified by inserting after paragraph (j)—

(ja)the Care Quality Commission,.

(15) Until the coming into force of paragraph 85 of Schedule 5 to the Act, in section 71 of the National Health Service Act 2006 (schemes for meeting losses and liabilities etc of certain health service bodies), subsection (2) is modified by inserting after paragraph (e)—

(ea)the Care Quality Commission,.

(1)

1952 c.52. Schedule A1 was inserted by the Police and Justice Act 2006 (c.48), section 28(2).

(2)

1988 c.48. Section 48(6) was inserted by the National Health Service and Community Care Act 1990 c.19), Schedule 8, paragraph 3 and amended by the Health and Social Care (Community Health and Standards) Act 2003 (c.43), Schedule 4, paragraph 72, the National Health Service (Consequential Provisions) Act 2006 (c.43), Schedule 1, paragraph 112, S.I. 1991/194, S.I. 1999/2795, S.I. 2000/90 and S.I. 2004/2987.

(3)

1996 c.16. Schedule 4A was inserted by the Police and Justice Act 2006, section 29(2). Relevant amendment is made by S.I. 2008/912.

(4)

1998 c.18. Subsection (6)(d) was inserted by the Health and Social Care (Community Health and Standards) Act 2003, Schedule 9, paragraph 12 (5). Relevant amendments to subsection (6)(c) and (d) were made by the National Health Service Reform and Health Care Professions Act 2002 (c.17), section 12(5), the Local Government and Public Involvement in Health Act 2007 (c.28), section 153(2)(b) and S.I. 2004/2987.

(5)

Subsection (6)(ba) was inserted by the Health and Social Care (Community Health and Standards) Act 2003, Schedule 9, paragraph 12(7).

(6)

Schedule 2A was inserted by the Local Government and Public Involvement in Health Act 2007, section 149(4) and Schedule 11.

(7)

1999 c.27. Subsection (2)(d) was inserted by the Learning and Skills Act 2000, section 73(3)(a).

(8)

2000 c. 10. The Schedule was inserted by the Police and Justice Act 2006, section 30(2).

(9)

2000 c.43. Schedule 1A was inserted by the Police and Justice Act 2006, section 31(2).

(10)

2003 c.39. Schedule 3A was inserted by the Police and Justice Act 2006, section 32(2).

(11)

2004 c.23.

(12)

2006 c.40.

(13)

2006 c.41.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

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

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

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
  • links to related legislation and further information resources