Statutory Instruments
Health Care And Associated Professions
National Health Service, England
Made
26th February 2015
The Secretary of State for Health makes the following Order in exercise of the powers conferred by section 306 of the Health and Social Care Act 2012(1).
1. This Order may be cited as the Health and Social Care Act 2012 (Commencement No. 9) Order 2015.
2. Insofar as they are not already in force(2), the day appointed for the coming into force of sections 224 and 225 of the Health and Social Care Act 2012 is 16th March 2015.
Signed by authority of the Secretary of State for Health.
Norman Lamb
Minister of State,
Department of Health
26th February 2015
(This note is not part of the Order)
This Order brings into force sections 224 and 225 of the Health and Social Care Act 2012 (c.7) (“the Act”). It is the ninth such Order to be made under the Act.
Article 2 brings into force the following provisions of sections 224 and 225 of the Act—
(a)Section 224(1), which inserts a new section 25A into the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”) to require the Privy Council to impose on the regulatory bodies overseen by the Professional Standards Authority for Health and Social Care (“the Authority”) such periodic fees as the Privy Council determines in accordance with that section;
(b)Section 224(2), which amends the definition of “group of sections” in section 25(5) of the 2002 Act to reflect the insertion of the new section 25A;
(c)Section 224(3), which inserts new provisions into section 38 of the 2002 Act subjecting regulations made by the Privy Council under section 25A to parliamentary control under the negative resolution procedure in the Westminster Parliament and, where they contain matters which fall within the legislative competence of the Scottish Parliament, the Scottish Parliament;
(d)Section 224(4), which amends paragraph 14 of Schedule 7 to the 2002 Act, enabling the Authority to borrow money in connection with its functions;
(e)Section 225(1), which inserts a new section 25B into the 2002 Act, giving the Authority the power to provide advice or auditing services to regulatory bodies and requiring payment by them of such fee as the Authority may determine;
(f)Section 225(2), which confers on the Privy Council the power vested in the Secretary of State under section 28(1) of the 2002 Act to make regulations about investigations by the Authority of complaints made to it; and
(g)Section 225(3), which modifies section 38(2) of the 2002 Act with the effect that any regulations made under section 28 of the 2002 Act may be subject to annulment by way of a resolution of either House of Parliament.
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.
(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 |
| Sections 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 | |
| Sections 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 81 (remainder) | 1st April 2014 | S.I. 2014/39 |
| Section 82 | 1st April 2013 | S.I. 2013/671 |
| Sections 83 and 84 | 1st April 2014 | S.I. 2014/39 |
| 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 |
| Section 87 (remainder) | 1st April 2014 | S.I. 2014/39 |
| Sections 88 and 89 | 1st April 2013 | S.I. 2013/671 |
| Sections 90 to 92 (partially) | 1st April 2013 | S.I. 2013/671 |
| Sections 90 to 92 (remainder) | 1st April 2014 | S.I. 2014/39 |
| 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 96 (remainder) | 1st April 2014 | S.I. 2014/39 |
| 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 | |
| 1st April 2014 | S.I. 2014/39 | |
| Section 105 (partially) | 1st April 2013 | S.I. 2013/671 |
| 1st July 2013 | S.I. 2013/671 | |
| Section 105 (remainder) | 1st April 2014 | S.I. 2014/39 |
| Section 106 (partially) | 1st April 2013 | S.I. 2013/671 |
| Section 106 (remainder) | 1st April 2014 | S.I. 2014/39 |
| 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 115 | 1st April 2014 | S.I. 2014/39 |
| 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 | |
| 1st April 2014 | S.I. 2014/39 | |
| Section 118 (partially) | 1st April 2013 | S.I. 2013/160 |
| Section 118 (remainder) | 1st April 2014 | S.I. 2014/39 |
| Section 119 (partially) | 1st April 2013 | S.I. 2013/160 |
| Section 119 (remainder) | 1st April 2014 | S.I. 2014/39 |
| Sections 120 to 123 (partially) | 1st September 2013 | S.I. 2013/671 |
| Sections 120 to 123 (remainder) | 1st April 2014 | S.I. 2014/39 |
| Sections 124 to 126 | 1st March 2014 | S.I. 2014/39 |
| 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 August 2012 | S.I. 2012/1319 |
| Section 212 (remainder) | 1st October 2012 | S.I. 2012/1831 |
| 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 |
| 9th June 2014 | S.I. 2014/1454 | |
| 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 288 (remainder) | 1st April 2014 | S.I. 2014/39 |
| Section 289 (partially) | 1st July 2012 | S.I. 2012/1319 |
| 1st April 2013 | S.I. 2013/671 | |
| 1st April 2014 | S.I. 2014/39 | |
| 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 12 (remainder) | 1st April 2014 | S.I. 2014/39 |
| 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 |
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), 2013/2896 (C. 117), 2014/39 (C. 2) and 2014/1454 (C. 57) for provisions of the Act which came into force by Order on earlier dates.