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The Health Act 2009 (Commencement No. 4) Order 2010

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Statutory Instruments

2010 No. 1863 (C. 95)

Social Care, England

The Health Act 2009 (Commencement No. 4) Order 2010

Made

20th July 2010

The Secretary of State for Health makes the following Order in exercise of the powers conferred by section 40(1) of the Health Act 2009(1).

Citation

1.  This Order may be cited as the Health Act 2009 (Commencement No. 4) Order 2010.

Appointed day for provisions relating to adult social care

2.  1st October 2010 is the day appointed for the coming into force of section 35 of, and Schedule 5 to, the Health Act 2009 (which relate to the investigation of complaints about privately arranged or funded adult social care).

Signed by authority of the Secretary of State for Health.

Paul Burstow

Minister of State,

Department of Health

20th July 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force section 35 of, and Schedule 5 to, the Health Act 2009 which insert provisions into the Local Government Act 1974(2) to give the Commission for Local Administration in England, commonly known as the Local Government Ombudsman, powers to investigate complaints about privately arranged or funded adult social care.

The Local Government Ombudsman can only investigate matters which relate to action taken by an ‘adult social care provider’. An ‘adult social care provider’ means a person who carries on an activity which involves, or is connected with, the provision of adult social care and which is a regulated activity within the meaning of Part 1 of the Health and Social Care Act 2008(3). An activity may only be ‘regulated’ if it involves, or is connected with, the provision of social care in, or in relation to, England.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Health Act 2009 have been or will be brought into force by the commencement orders made before the date of this Order:

ProvisionDate of CommencementS.I. No.
Sections 1 to 719th January 20102010/30 (C. 5)
Sections 8 to 10 (fully)1st April 20102010/30 (C. 5)
Sections 11 to 1319th January 20102010/30 (C. 5)
Section 15(1) (partially)19th January 20102010/30 (C. 5)
Section 15(2) (partially)15th February 20102010/30 (C. 5)
Sections 16 and 1715th February 20102010/30 (C. 5)
Section 18 (partially)15th February 20102010/30 (C. 5)
Section 19 (partially)19th January 20102010/30 (C. 5)
Section 20 (insofar as not already in force)1st October 20132010/1068 (C. 70)
Section 21 (partially)1st October 20112010/1068 (C. 70)
Section 21 (partially)1st October 20132010/1068 (C. 70)
Section 22 (insofar as not already in force)1st October 20112010/1068 (C. 70)
Section 24 (partially)1st October 20112010/1068 (C. 70)
Section 24 (partially)1st October 20132010/1068 (C. 70)
Section 25 (partially)18th March 20102010/779 (C.52)
Section 25 (fully)24th May 20102010/779 (C. 52)
Section 3319th January 20102010/30 (C. 5)
Section 3619th January 20102010/30 (C. 5)
Schedule 2 (partially)15th February 20102010/30 (C. 5)
Paragraphs 1 to 13 of Schedule 319th January 20102010/30 (C. 5)
Paragraphs 18 and 19 of Schedule 3 (partially)19th January 20102010/30 (C. 5)
Schedule 4 (partially)1st October 20112010/1068 (C. 70)
Schedule 4 (partially)1st October 20132010/1068 (C. 70)
Schedule 6 (partially)1st October 20112010/1068 (C. 70)

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