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The Health and Social Care Act 2008 (Commencement No. 7) Order 2008

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Statutory Instruments

2008 No. 3244 (C. 148)

Health Care And Associated Professions

The Health and Social Care Act 2008 (Commencement No. 7) Order 2008

Made

17th December 2008

The Secretary of State makes the following Order in exercise of the powers conferred by section 170(3) and (4) of the Health and Social Care Act 2008(1).

The Secretary of State has consulted the Scottish Ministers in accordance with section 172(1)(a)(i) and (iii) and (c) of that Act.

Citation and interpretation

1.—(1) This Order may be cited as the Health and Social Care Act 2008 (Commencement No. 7) Order 2008.

(2) In this Order, “the Act” means the Health and Social Care Act 2008.

Appointed day for provisions relating to the Council for Healthcare Regulatory Excellence

2.  1st January 2009 is the day appointed for the coming into force of the following provisions of the Act—

(a)section 113;

(b)section 114 in so far as not already in force(2);

(c)sections 115 to 117;

(d)section 118(1) in so far as it relates to the provisions listed in paragraphs (e) and (f);

(e)section 118(2)(a), (c) and (e) to (g);

(f)section 118(3) to (6);

(g)section 127 in so far as it relates to the provisions of Schedule 10 to the Act listed in paragraph (i);

(h)section 166 in so far as it relates to the provisions of Schedule 15 to the Act listed in paragraph (j);

(i)in Schedule 10—

(i)paragraph 1,

(ii)paragraph 2(a),

(iii)paragraph 3 in so far as it relates to paragraphs 1(bca) and 2(ca) of the Schedule to the Public Bodies (Admission to Meetings) Act 1960(3),

(iv)paragraph 4(a),

(v)paragraph 5(a),

(vi)paragraph 6(b),

(vii)paragraph 8,

(viii)paragraph 10,

(ix)paragraph 12,

(x)paragraph 13(a),

(xi)paragraph 16,

(xii)paragraph 17,

(xiii)paragraph 19,

(xiv)paragraphs 23 to 25, and

(xv)paragraph 26(a).

(j)in Part 2 of Schedule 15—

(i)the entries relating to the National Health Service Reform and Health Care Professions Act 2002(4), except the entries relating to section 29(1)(c) and (f) of that Act, and

(ii)the entry relating to the Health Act 2006(5).

Appointed day for provisions relating to section 60 of the Health Act 1999 and the order making functions under that Act

3.  1st January 2009 is the day appointed for the coming into force of the following provisions of the Act—

(a)section 111 in so far as it relates to the provisions listed in paragraph (c);

(b)section 127 in so far as it relates to the provision mentioned in paragraph (d);

(c)in Schedule 8—

(i)paragraphs 1 and 2,

(ii)paragraph 3 in so far as it relates to the provisions mentioned in sub-paragraph (iii), and

(iii)paragraphs 4, 5(1) (in so far as not already in force), (2) and (3), 6, 7, 8(b) and 9; and

(d)paragraph 11 of Schedule 10.

Signed by authority of the Secretary of State for Health.

Ben Bradshaw

Minister of State,

Department of Health

17th December 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the seventh commencement order made under the Health and Social Care Act 2008 and brings into force on 1st January 2009 the provisions establishing the Council for Healthcare Regulatory Excellence. It also brings into force, on that date, provisions extending the powers under section 60 of the Health Act 1999, which is an order making power relating to the regulation of health care and associated professions, and a provision extending the scope of the order making powers under that Act more generally.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Health and Social Care Act 2008 have been or are being brought into force by commencement orders made before the date of this Order:

ProvisionDate of CommencementS.I. No.
Section 1(1)1st October 20082008/2497 (C. 106)
Section 1(3) (partially)1st October 20082008/2497 (C. 106)
Section 2(1)1st October 20082008/2497 (C. 106)
Section 2(2)(a) (partially)12th January 20092008/3168 (C. 143)
Sections 3 to 71st October 20082008/2497 (C. 106)
Section 8 (partially)12th January 20092008/3168 (C. 143)
Section 91st October 20082008/2497 (C. 106)
Section 10(3) (partially)12th January 20092008/3168 (C. 143)
Section 11 (partially)12th January 20092008/3168 (C. 143)
Section 12(1) to (5) (partially)12th January 20092008/3168 (C. 143)
Section 20 to 22 (partially)12th January 20092008/3168 (C. 143)
Section 25 (partially)12th January 20092008/3168 (C. 143)
Section 26(1), (3) and (6) (partially)12th January 20092008/3168 (C. 143)
Section 27 (partially)12th January 20092008/3168 (C. 143)
Section 28(1) to (4)(a) (partially)12th January 20092008/3168 (C. 143)
Section 32 (partially)12th January 20092008/3168 (C. 143)
Section 35 (partially)12th January 20092008/3168 (C. 143)
Section 37 (partially)12th January 20092008/3168 (C. 143)
Section 44 (partially)12th January 20092008/3168 (C. 143)
Section 46(4) to (8)1st October 20082008/2497 (C. 106)
Section 471st October 20082008/2497 (C. 106)
Sections 60 to 65 (partially)12th January 20092008/3168 (C. 143)
Section 66 (partially)1st October 20082008/2497 (C. 106)
Sections 76 to 831st October 20082008/2497 (C. 106)
Section 851st October 20082008/2497 (C. 106)
Section 881st October 20082008/2497 (C. 106)
Sections 90 to 94 (partially)12th January 20092008/3168 (C. 143)
Section 95 (partially)1st October 20082008/2497 (C. 106)
Section 971st October 20082008/2497 (C. 106)
Section 111 (partially)1st October 20082008/2497 (C. 106)
Section 112 (partially)3rd November 20082008/2717 (C.120)
Section 123(3) to (6)1st October 20082008/2497 (C. 106)
Section 127 (partially)25th August 20082008/2214 (C. 100)
Sections 131 to 1381st January 20092008/3137 (C. 136)
Section 1421st October 20082008/2497 (C. 106)
Section 1431st October 20082008/2497 (C. 106)
Section 145 (partially)1st December 20082008/2994 (C. 129)
Sections 149 to 1541st April 20092008/2994 (C. 129)
Section 1551st December 20082008/2994 (C. 129)
Section 156 (partially)1st December 20082008/2994 (C. 129)
Section 156 insofar as not already in force1st April 20092008/2994 (C. 129)
Section 157(1) (partially)1st October 20082008/2497 (C. 106)
Section 157 insofar as not already in force1st January 20092008/2497 (C. 106)
Section 1581st January 20092008/2497 (C. 106)
Section 160 (partially)1st October 20082008/2497 (C. 106)
Section 160 (partially)1st January 20092008/2497 (C. 106)
Section 166 (partially)1st January 20092008/2497 (C. 106)
Paragraphs 1 to 5 of Schedule 11st October 20082008/2497 (C. 106)
Paragraph 6(3) of Schedule 11st October 20082008/2497 (C. 106)
Paragraph 6(4) of Schedule 1 (partially)1st October 20082008/2497 (C. 106)
Paragraph 6(6) to 6(8) of Schedule 11st October 20082008/2497 (C. 106)
Paragraph 7 of Schedule 1 (partially)1st October 20082008/2497 (C. 106)
Paragraphs 8 to 12 of Schedule 11st October 20082008/2497 (C. 106)
Schedule 21st October 20082008/2497 (C. 106)
Paragraph 1 of Schedule 41st October 20082008/2497 (C. 106)
Paragraph 3 of Schedule 41st October 20082008/2497 (C. 106)
Paragraph 5 of Schedule 4 (partially)1st October 20082008/2497 (C. 106)
Paragraphs 7 and 8 of Schedule 41st October 20082008/2497 (C. 106)
Paragraph 54(b) of Schedule 51st October 20082008/2497 (C. 106)
Paragraph 56(b) of Schedule 51st October 20082008/2497 (C. 106)
Paragraph 57(1) of Schedule 5 (partially)1st October 20082008/2497 (C. 106)
Paragraph 57(2)(b) of Schedule 51st October 20082008/2497 (C. 106)
Paragraph 58(b) of Schedule 51st October 20082008/2497 (C. 106)
Paragraph 59(1) of Schedule 5 (partially)1st October 20082008/2497 (C. 106)
Paragraph 59(2)(b) of Schedule 51st October 20082008/2497 (C. 106)
Paragraph 73(b) of Schedule 51st October 20082008/2497 (C. 106)
Paragraph 80(b) of Schedule 51st October 20082008/2497 (C. 106)
Paragraph 94 of Schedule 51st October 20082008/2497 (C. 106)
Paragraph 3 of Schedule 8 (partially)1st October 20082008/2497 (C. 106)
Paragraph 5(4) of Schedule 81st October 20082008/2497 (C. 106)
Paragraph 8(a) of Schedule 81st October 20082008/2497 (C. 106)
Paragraph 20 of Schedule 1025th August 20082008/2214 (C. 100)
Paragraph 21 of Schedule 10 (partially)25th August 20082008/2214 (C. 100)
Paragraphs 2 to 4 of Schedule 141st October 20082008/2497 (C. 106)
Paragraph 5 of Schedule 141st January 20092008/2497 (C. 106)
Part 6 of Schedule 151st January 20092008/2497 (C. 106)
(2)

Section 170(1) of the Act commenced section 114(3) on Royal Assent for the purpose of making regulations.

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