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The Health and Social Care Act 2012 (Commencement No. 7 and Transitory Provision) Order 2014
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Statutory Instruments
2014 No. 39 (C. 2)
National Health Service, England
The Health and Social Care Act 2012 (Commencement No. 7 and Transitory Provision) Order 2014
Made
9th January 2014
The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 304(10) and 306 of the Health and Social Care Act 2012(1).
Citation and interpretation
1.—(1) This Order may be cited as the Health and Social Care Act 2012 (Commencement No. 7 and Transitory Provision) Order 2014.
(2) In this Order, “the Act” means the Health and Social Care Act 2012.
Commencement of provisions
2.—(1) Insofar as they are not already in force(2), the following provisions of the Act are to come into force in accordance with this Order.
(2) 1st March 2014 is the day appointed for the coming into force of—
section 124 (local modifications of prices agreements);
section 125 (local modifications of prices: applications); and
section 126 (applications under section 125: notification of commissioners).
(3) 1st April 2014 is the day appointed for the coming into force of—
section 81(requirement for health service providers to be licensed);
section 83 (exemption regulations);
section 84 (exemption regulations: supplementary);
section 87 (grant or refusal of licence);
section 90 (right to make representations);
section 91 (notice of decisions);
section 92 (appeals to the Tribunal);
section 96 (limits on Monitor’s functions to set or modify licence conditions);
section 104(2)(c) and (d) (power to require documents and information), and (4)(b) insofar as it relates to Monitor’s functions under section 144(6) of the Act in respect of a review published pursuant to section 144(3)(b);
section 105 (discretionary requirements);
section 106 (enforcement undertakings);
section 115 (price payable by commissioners for NHS services);
section 117(4) and (5) (the national tariff: further provision);
section 118 (consultation on proposals for the national tariff);
section 119 (consultation: further provision);
section 120 (responses to consultation);
section 121 (determination on reference under section 120);
section 122 (changes following determination on reference under section 120);
section 123 (power to veto changes proposed under section 122);
section 288 (Monitor: duty to co-operate with Care Quality Commission);
section 289 (Care Quality Commission: duty to co-operate with Monitor); and
Schedule 12 (procedure on references under section 120).
Transitory modification in respect of the commencement of sections 124 (local modifications of prices: agreements) and 125 (local modifications of prices: applications) of the Act
3. Until section 115 of the Act comes into force on 1st April 2014—
(a)section 124(2) of the Act is to be read as if for the words “be earlier” to the end of that subsection, there is substituted “not be earlier than the date section 115(1) comes into force.”; and
(b)section 125(5) of the Act is to be read as if for the words “be earlier” to the end of that subsection, there is substituted “not be earlier than the date section 115(1) comes into force.”.
Signed by authority of the Secretary of State for Health.
Daniel Poulter
Parliamentary Under-Secretary of State
Department of Health
9th January 2014
EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into force provisions of the Health and Social Care Act 2012 (c. 7) (“the Act”). It is the seventh such Order to be made under the Act.
Article 2(2) brings into force sections 124, 125 and 126 of the Act on 1st March 2014, which together concern Monitor’s powers where an agreement or where no agreement can be reached to a modification of prices payable in accordance with the national tariff.
Article 2(3) also brings into force the following provisions of the Act on 1st April 2014—
(a)the remainder of sections 81 and 87 and the whole of sections 83 and 84 which relate to Monitor’s regulatory functions in relation to the licensing of health service providers;
(b)the remainder of sections 90, 91 and 92 which relate to representations, notice and appeals in respect of Monitor refusing or revoking a licence;
(c)section 96 (remainder) which relates to Monitor’s powers to set or modify licence conditions;
(d)section 104(2)(c) and (d), and (4)(b) (partially) which concern Monitor’s power to require documents from particular persons in the exercise of its regulatory functions;
(e)sections 105 (remainder) and 106 (remainder) which relate to Monitor’s powers of enforcement of the licensing regime for providers of health care services for the purposes of the NHS;
(f)section 115 which relates to how prices are to be determined for the provision of health care services for the purposes of the NHS;
(g)sections 117(4) and (5), 118 (remainder) and 119 (remainder) which relate to Monitor’s functions in relation to pricing in the national health service;
(h)sections 120 (remainder), 121(remainder), 122 (remainder) and 123 (remainder) and Schedule 12 (remainder) which relate to Monitor’s functions in relation to the pricing of health care services for the purposes of the NHS; and
(i)sections 288 (remainder) and 289 (remainder) which make provision in relation to Monitor’s and the Care Quality Commission’s duties to co-operate.
Article 3 makes transitory modifications to sections 124 and 125 of the Act from 1st March 2014 to the time when section 115 comes into force, which is on 1st April 2014, as local modifications of prices cannot take effect until the national tariff which sets out the determined price payable for health care services is in force.
A full impact assessment has not been produced for this instrument as this Order itself has no impact on the private sector or civil society organisations. A full Impact Assessment has been produced in relation to the provisions of the Act, including provisions that are commenced by this Order, and a copy is available at https://www.gov.uk/government/publications/health-and-social-care-bill-2011-combined-impact-assessments.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
The following provisions of the Health and Social Care Act 2012 have been brought into force by commencement orders made before the date of this Order:
Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 1 (partially) | 1st October 2012 | S.I. 2012/1831 |
| Section 1 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Sections 2 to 7 | 1st April 2013 | S.I. 2013/160 |
| Section 8 | 1st June 2012 | S.I. 2012/1319 |
| Section 9 (partially) | 1st October 2012 | S.I. 2012/1831 |
| 1st February 2013 | S.I. 2012/2657 | |
| Section 9 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Section 10 (partially) | 1st October 2012 | S.I. 2012/1831 |
| 1st February 2013 | S.I. 2012/2657 | |
| Section 10 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Sections 11 and 12 | 1st April 2013 | S.I. 2013/160 |
| Section 13 (partially) | 1st February 2013 | S.I. 2012/2657 |
| Section 13 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Section 14 (partially) | 1st February 2013 | S.I. 2012/2657 |
| Section 14 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Section 15 | 1st February 2013 | S.I. 2012/2657 |
| Section 16 | 1st April 2013 | S.I. 2013/160 |
| Section 17 (partially) | 1st October 2012 | S.I. 2012/1831 |
| 1st February 2013 | S.I. 2012/2657 | |
| Section 17 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Sections 18 and 19 | 1st April 2013 | S.I. 2013/160 |
| Section 20 | 1st February 2013 | S.I. 2012/2657 |
| Section 21 | 1st October 2012 | S.I. 2012/1831 |
| Section 22 (partially) | 1st October 2012 | S.I. 2012/1831 |
| Section 22 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Section 23 (partially) | 1st October 2012 | S.I. 2012/1831 |
| 1st February 2013 | S.I. 2012/2657 | |
| Section 23 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Section 24 (partially) | 1st October 2012 | S.I. 2012/1831 |
| Section 24 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Section 25 (partially) | 1st October 2012 | S.I. 2012/1831 |
| Section 25 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Section 26 (partially) | 1st October 2012 | S.I. 2012/1831 |
| 1st February 2013 | S.I. 2012/2657 | |
| Section 26 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Section 27 (partially) | 1st October 2012 | S.I. 2012/1831 |
| Section 27 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Section 28 | 1st April 2013 | S.I. 2013/160 |
| Section 29 to 34 | 1st April 2013 | S.I. 2013/160 |
| Section 35 (partially), in relation to England only | 1st April 2013 | S.I. 2013/160 |
| Section 36 in relation to England only | 1st April 2013 | S.I. 2013/160 |
| Section 37 in relation to England only | 1st April 2013 | S.I. 2013/160 |
| Section 38 | 1st April 2013 | S.I. 2013/160 |
| Section 39 | 1st July 2012 | S.I. 2012/1319 |
| Section 40 (partially) | 1st February 2013 | S.I. 2012/2657 |
| Section 40 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Section 41 | 1st April 2013 | S.I. 2013/160 |
| Section 42 | 1st July 2012 | S.I. 2012/1319 |
| Section 43 | 1st April 2013 | S.I. 2013/160 |
| Section 44 | 1st July 2012 | S.I. 2012/1319 |
| Sections 45 to 54 | 1st April 2013 | S.I. 2013/160 |
| Section 55 (partially) | 1st July 2012 | S.I. 2012/1319 |
| 1st October 2012 | S.I. 2012/1831 | |
| 1st February 2013 | S.I. 2012/2657 | |
| 1st April 2013 | S.I. 2013/160 | |
| Section 56 to 58 | 1st April 2013 | S.I. 2013/160 |
| Section 59 | 1st July 2012 | S.I. 2012/1319 |
| Section 60 | 1st April 2013 | S.I. 2013/160 |
| Section 61(partially) | 1st July 2012 | S.I. 2012/1319 |
| Section 61 (remainder) | 1st November 2012 | S.I. 2012/2657 |
| Section 62 (partially) | 1st November 2012 | S.I. 2012/2657 |
| Section 62 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Section 63 | 1st November 2012 | S.I. 2012/2657 |
| Section 64 (partially) | 1st June 2012 | S.I. 2012/1319 |
| 1st July 2012 | S.I. 2012/1319 | |
| Section 64 (remainder) | 1st November 2012 | S.I. 2012/2657 |
| Section 66 (partially) | 1st November 2012 | S.I. 2012/2657 |
| Section 66 (remainder) | 1st April 2013 | S.I. 2013/671 |
| Section 67 (partially) | 1st November 2012 | S.I. 2012/2657 |
| Section 67 (remainder) | 1st April 2013 | S.I. 2013/671 |
| Section 68 (partially) | 1st November 2012 | S.I. 2012/2657 |
| Section 68 (remainder) | 1st April 2013 | S.I. 2013/671 |
| Section 69 | 1st April 2013 | S.I. 2013/671 |
| Section 70 | 1st November 2012 | S.I. 2012/2657 |
| Section 71 | 1st November 2012 | S.I. 2012/2657 |
| Sections 72 and 73 | 1st April 2013 | S.I. 2013/160 |
| Section 74 (partially) | 1st April 2013 | S.I. 2013/160 |
| Section 74 (remainder) | 1st April 2013 | S.I. 2013/671 |
| Sections 75 to 77 | 1st April 2013 | S.I. 2013/160 |
| Section 78 | 1st February 2013 | S.I. 2012/2657 |
| Section 79 | 1st July 2012 | S.I. 2012/1319 |
| Section 80 | 1st April 2013 | S.I. 2013/160 |
| Section 81 (partially) | 1st April 2013 | S.I. 2013/671 |
| Section 82 | 1st April 2013 | S.I. 2013/671 |
| Sections 85 to 87 (partially) | 1st April 2013 | S.I. 2013/671 |
| Section 85 (remainder) | 1st January 2014 | S.I. 2013/2896 |
| Section 86 (remainder) | 1st January 2014 | S.I. 2013/2896 |
| Sections 88 and 89 | 1st April 2013 | S.I. 2013/671 |
| Sections 90 to 92 (partially) | 1st April 2013 | S.I. 2013/671 |
| Section 93 | 1st April 2013 | S.I. 2013/671 |
| Section 94 (partially) | 1st November 2012 | S.I. 2012/2657 |
| Section 94 (remainder) | 1st April 2013 | S.I. 2013/671 |
| Section 95 (partially) | 1st November 2012 | S.I. 2012/2657 |
| 1st April 2013 | S.I. 2013/671 | |
| Section 95 (remainder) | 1st July 2013 | S.I. 2013/671 |
| Section 96 (partially) | 1st November 2012 | S.I. 2012/2657 |
| 1st July 2013 | S.I. 2013/671 | |
| Section 97 (partially) | 1st November 2012 | S.I. 2012/2657 |
| Section 97 (remainder) | 1st April 2013 | S.I. 2013/671 |
| Section 98 (partially) | 1st November 2012 | S.I. 2012/2657 |
| Section 98 (remainder) | 1st April 2013 | S.I. 2013/671 |
| Section 99 | 1st April 2013 | S.I. 2013/671 |
| Section 100 | 1st July 2013 | S.I. 2013/671 |
| Section 101 (partially) | 1st November 2012 | S.I. 2012/2657 |
| Section 101 (remainder) | 1st July 2013 | S.I. 2013/671 |
| Section 102 | 1st April 2013 | S.I. 2013/671 |
| Section 103 (partially) | 1st November 2012 | S.I. 2012/2657 |
| 1st April 2013 | S.I. 2013/671 | |
| Section 103 (remainder) | 1st July 2013 | S.I. 2013/671 |
| Section 104 (partially) | 1st November 2012 | S.I. 2012/2657 |
| 1st April 2013 | S.I. 2013/160 | |
| 1st April 2013 | S.I. 2013/671 | |
| 1st December 2013 | S.I. 2013/2896 | |
| Section 105 (partially) | 1st April 2013 | S.I. 2013/671 |
| 1st July 2013 | S.I. 2013/671 | |
| Section 106 (partially) | 1st April 2013 | S.I. 2013/671 |
| Section 107 (partially) | 1st April 2013 | S.I. 2013/671 |
| Section 107 (remainder) | 1st July 2013 | S.I. 2013/671 |
| Section 108 (partially) | 1st November 2012 | S.I. 2012/2657 |
| Section 108 (remainder) | 1st April 2013 | S.I. 2013/671 |
| Sections 109 to 114 | 1st April 2013 | S.I. 2013/671 |
| Section 116 (partially) | 1st April 2013 | S.I. 2013/160 |
| Section 116 (remainder) | 1st December 2013 | S.I. 2013/2896 |
| Section 117 (partially) | 1st April 2013 | S.I. 2013/160 |
| 1st December 2013 | S.I. 2013/2896 | |
| Section 118 (partially) | 1st April 2013 | S.I. 2013/160 |
| Section 119 (partially) | 1st April 2013 | S.I. 2013/160 |
| Sections 120 to 123 (partially) | 1st September 2013 | S.I. 2013/671 |
| Section 127 | 1st December 2013 | S.I. 2013/2896 |
| Section 144 (partially) | 1st November 2012 | S.I. 2012/2657 |
| Section 147 (partially) | 1st October 2012 | S.I. 2012/1831 |
| Section 147 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Section 148 (partially) | 1st November 2012 | S.I. 2012/2657 |
| Section 148 (remainder) | 1st April 2013 | S.I. 2013/671 |
| Section 149 | 1st November 2012 | S.I. 2012/2657 |
| Section 150 (partially) | 1st July 2012 | S.I. 2012/1319 |
| 1st November 2012 | S.I. 2012/2657 | |
| 1st April 2013 | S.I. 2013/160 | |
| Section 151 (partially) | 1st October 2012 | S.I. 2012/1831 |
| 1st April 2013 | S.I. 2013/160 | |
| Sections 152 and 153 | 1st April 2013 | S.I. 2013/160 |
| Section 154 | 1st October 2012 | S.I. 2012/1831 |
| Section 156 (partially) | 1st November 2012 | S.I. 2012/2657 |
| 1st April 2013 | S.I. 2013/671 | |
| Section 157 | 1st April 2013 | S.I. 2013/160 |
| Section 158 | 1st October 2012 | S.I. 2012/1831 |
| Section 159 (partially) | 1st April 2013 | S.I. 2013/671 |
| Section 160 | 1st July 2012 | S.I. 2012/1319 |
| Sections 161 and 162 | 1st April 2013 | S.I. 2013/160 |
| Section 163 (partially) | 1st April 2013 | S.I. 2013/160 |
| 1st April 2013 | S.I. 2013/671 | |
| Section 164 (partially) | 1st October 2012 | S.I. 2012/1831 |
| Section 164 (remainder) | 1st April 2013 | S.I. 2013/671 |
| Section 165 | 1st October 2012 | S.I. 2012/1831 |
| Section 166 | 1st November 2012 | S.I. 2012/2657 |
| Section 167 | 1st April 2013 | S.I. 2013/160 |
| Sections 168 to 172 | 1st April 2013 | S.I. 2013/671 |
| Section 173 (partially) | 1st November 2012 | S.I. 2012/2657 |
| Section 173 (remainder) | 1st April 2013 | S.I. 2013/671 |
| Sections 174 to 178 | 1st November 2012 | S.I. 2012/2657 |
| Section 181 (partially) | 1st October 2012 | S.I. 2012/1831 |
| Section 181 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Sections 182 to 189 | 1st April 2013 | S.I. 2013/160 |
| Section 190(1) to (8) and (10) | 1st April 2013 | S.I. 2013/160 |
| Sections 191 to 200 | 1st April 2013 | S.I. 2013/160 |
| Section 201 | 1st July 2012 | S.I. 2012/1319 |
| Sections 202 to 206 | 1st April 2013 | S.I. 2013/160 |
| Section 207 (partially) | 1st July 2012 | S.I. 2012/1319 |
| Section 207 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Sections 209 to 211 | 1st August 2012 | S.I. 2012/1319 |
| Section 212 (partially) | 1st October 2012 | S.I. 2012/1831 |
| Section 212 (remainder) | 1st August 2012 | S.I. 2012/1319 |
| Sections 213 to 218 | 1st August 2012 | S.I. 2012/1319 |
| Sections 220 and 221 | 1st August 2012 | S.I. 2012/1319 |
| Section 222 | 1st December 2012 | S.I. 2012/2657 |
| Section 223 (partially) | 1st August 2012 | S.I. 2012/1319 |
| 1st October 2012 | S.I. 2012/1831 | |
| Section 226 (partially) | 1st December 2012 | S.I. 2012/2657 |
| Section 227 | 1st July 2012 | S.I. 2012/1319 |
| Sections 228 and 229 | 1st December 2012 | S.I. 2012/2657 |
| Section 230 (partially) | 1st August 2012 | S.I. 2012/1319 |
| Section 230 (remainder) | 1st December 2012 | S.I. 2012/2657 |
| Section 231 | 1st July 2012 | S.I. 2012/1319 |
| Sections 232 to 277 | 1st April 2013 | S.I. 2013/160 |
| Section 278 | 1st July 2012 | S.I. 2012/1319 |
| Section 279 | 31st October 2012 | S.I. 2012/1831 |
| Section 280 | 1st April 2013 | S.I. 2013/160 |
| Section 281 | 1st October 2012 | S.I. 2012/1831 |
| Section 282 | 1st April 2013 | S.I. 2013/160 |
| Section 283 | 1st July 2012 | S.I. 2012/1319 |
| Sections 284 to 287 | 1st April 2013 | S.I. 2013/160 |
| Section 288 (partially) | 1st July 2012 | S.I. 2012/1319 |
| 1st April 2013 | S.I. 2013/160 | |
| Section 289 (partially) | 1st July 2012 | S.I. 2012/1319 |
| 1st April 2013 | S.I. 2013/671 | |
| Section 290 (partially) | 1st October 2012 | S.I. 2012/1831 |
| Section 290 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Section 291 | 1st October 2012 | S.I. 2012/1831 |
| Sections 292 and 293 | 1st April 2013 | S.I. 2013/160 |
| Section 294 | 1st October 2012 | S.I. 2012/1831 |
| Sections 295 and 296 (partially) | 1st October 2012 | S.I. 2012/1831 |
| Sections 295 and 296 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Section 297 (partially) | 1st February 2013 | S.I. 2012/2657 |
| 1st April 2013 | S.I. 2013/160 | |
| Section 298 | 1st October 2012 | S.I. 2012/1831 |
| Section 299 | 1st June 2012 | S.I. 2012/1319 |
| Sections 300 to 302 (partially) | 1st July 2012 | S.I. 2012/1319 |
| 1st October 2012 | S.I. 2012/1831 | |
| Sections 300 to 302 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Schedule 1 (partially) | 1st October 2012 | S.I. 2012/1831 |
| Schedule 1 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Schedule 2 (partially) | 1st October 2012 | S.I. 2012/1831 |
| Schedule 2 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Schedule 3 | 1st April 2013 | S.I. 2013/160 |
| Schedule 4 (partially) | 1st July 2012 | S.I. 2012/1319 |
| 1st October 2012 | S.I. 2012/1831 | |
| 1st February 2013 | S.I. 2012/2657 | |
| Schedule 4 (remainder) | 1st April 2013 | S.I. 2013/160 |
| Schedule 5 (partially) | 1st October 2012 | S.I. 2012/1831 |
| 1st April 2013 | S.I. 2013/160 | |
| Schedule 6 (partially) | 1st July 2012 | S.I. 2012/1319 |
| Schedule 6 (remainder) | 1st October 2012 | S.I. 2012/1831 |
| Schedule 7 | 1st April 2013 | S.I. 2013/160 |
| Schedule 8 | 1st November 2012 | S.I. 2012/2657 |
| Schedule 9 | 1st April 2013 | S.I. 2013/160 |
| Schedule 10 | 1st November 2012 | S.I. 2012/2657 |
| Schedule 11 (partially) | 1st April 2013 | S.I. 2013/671 |
| Schedule 11 (remainder) | 1st July 2013 | S.I. 2013/671 |
| Schedule 12 (partially) | 1st September 2013 | S.I. 2013/671 |
| Schedule 13 (partially) | 1st July 2012 | S.I. 2012/1319 |
| 1st November 2012 | S.I. 2012/2657 | |
| 1st April 2013 | S.I. 2013/160 | |
| Schedule 15 (partially) | 1st July 2012 | S.I. 2012/1319 |
| 1st August 2012 | S.I. 2012/1319 | |
| Schedule 15 (remainder) | 1st December 2012 | S.I. 2012/2657 |
| Schedules 16, 17, 18 and 19 | 1st April 2013 | S.I. 2013/160 |
| Schedule 20, Part 1 | 1st July 2012 | S.I. 2012/1319 |
| Schedule 20, Part 2 | 31st October 2012 | S.I. 2012/1831 |
| Schedule 20, Part 3 | 1st April 2013 | S.I. 2013/160 |
| Schedule 21 (partially) | 1st February 2013 | S.I. 2012/2657 |
| 1st April 2013 | S.I. 2013/160 | |
| Schedules 22 and 23 (partially) | 1st July 2012 | S.I. 2012/1319 |
| 1st October 2012 | S.I. 2012/1831 | |
| Schedules 22 and 23 (remainder) | 1st April 2013 | S.I. 2013/160 |
(1)
(2)
See section 306(1) of the Health and Social Care Act 2012 (c. 7) (“the Act”) for the provisions which came into force on the day the Act was passed, and S.I. 2012/1319 (C. 47), 2012/1831 (C. 71), 2012/2657 (C. 107), 2013/160 (C. 9), 2013/671 (C. 28) and 2013/2896 (C.117) for provisions of the Act which came into force by Order on earlier dates.
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