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The Health and Social Care Act 2012 (Commencement No. 11 and Saving Provision) Order 2018

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Statutory Instruments

2018 No. 617 (C. 49)

Health Care And Associated Professions

The Health and Social Care Act 2012 (Commencement No. 11 and Saving Provision) Order 2018

Made

22nd May 2018

The Secretary of State for Health and Social Care 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).

In accordance with section 307(1)(g) of that Act, the Secretary of State has consulted the Scottish Ministers.

Citation

1.  This Order may be cited as the Health and Social Care Act 2012 (Commencement No. 11 and Saving Provision) Order 2018.

Commencement of provisions

2.  Insofar as they are not already in force, 4th June 2018 is the day appointed for the coming into force(2) of the following provisions of the Health and Social Care Act 2012—

(a)section 223 (functions of the Authority);

(b)section 226 (accountability and governance).

Saving Provision

3.  Notwithstanding the coming into force of section 226 of the Health and Social Care Act 2012 by article 2(b)—

(a)the Council for Healthcare Regulatory Excellence (Appointment, Procedure etc) Regulations 2008(3) continue to have effect as if made by the Privy Council under paragraph 6 of Schedule 7 to the National Health Service Reform and Health Care Professions Act 2002(4) (“the 2002 Act”), as amended by that section;

(b)determinations made under paragraph 10 of Schedule 7 to the 2002 Act continue to have effect as if made by the Professional Standards Authority for Health and Social Care;

(c)determinations made under paragraph 15 of Schedule 7 to the 2002 Act continue to have effect as if made by the Privy Council.

Signed by authority of the Secretary of State for Health and Social Care.

Stephen Barclay

Minister of State for Health,

Department of Health and Social Care

22nd May 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force sections 223 and 226 of the Health and Social Care Act 2012 (c. 7) (“the Act”) insofar as they are not already in force. It is the eleventh such Order to be made under the Act.

Article 2 brings into force section 223(7), (8), (11), (12) and (13) and section 226(3), (4), (6), (7), (8) and (9) of the Act. These provisions amend the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”) in connection with the Professional Standards Authority for Health and Social Care (“the Authority”).

Section 223(7) of the Act amends section 27(5) and (13) of the 2002 Act. Section 27(5) is amended to substitute the Privy Council as the “relevant authority” to which any directions that the Authority gives to a regulatory body under section 27(2) of the 2002 Act must be sent (except in the case of the Pharmaceutical Society of Northern Ireland). Section 27(13) provides that the Privy Council must make provision in regulations as to the procedure to be followed in relation to the giving of such directions. Section 223(13) of the Act inserts subsection (3E) to section 38 of the 2002 Act to provide for the Parliamentary procedure for any such regulations. Section 223(8) of the Act amends section 27(7) of the 2002 Act to provide that, where the Privy Council receives such directions given by the Authority under section 27(2) of the 2002 Act, it must lay a draft of an order setting out the directions, and the date on which these are to come into force, before both Houses of Parliament. Section 223(11) and (12) of the Act make consequential amendments to section 38(2) and (3) of the 2002 Act.

Section 226(3) of the Act amends paragraph 6 of Schedule 7 to the 2002 Act to provide that the Privy Council, rather than the Secretary of State, may make regulations in connection with appointments to the Authority. Section 226(9) of the Act inserts subsection (3F) to section 38 of the 2002 Act to provide for the Parliamentary procedure for such regulations.

Section 226(4) of the Act amends paragraph 10 of Schedule 7 to the 2002 Act giving the Authority, rather than the Secretary of State, powers in connection with remuneration, allowances and pension for members and former members of the Authority.

Section 226(6) of the Act amends paragraph 15 of Schedule 7 to the 2002 Act to provide that is the Privy Council which will determine the form in which the Authority must keep and prepare its accounts and the period within which the Authority must send its accounts to the Comptroller and Auditor General.

Section 226(7) of the Act inserts paragraph 16(1B) into Schedule 7 to the 2002 Act. This places a duty on the Authority to publish a strategic plan for the coming financial year by a date determined by the Privy Council and paragraph 16(2) of Schedule 7 is amended by section 226(8) of the Act to provide that the Authority must lay a copy of that strategic plan before Parliament, the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly.

Article 3 makes saving provision to ensure the continued application of Regulations made under the 2002 Act and the continued application of determinations made prior to the amendment of the 2002 Act by the Act.

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. A hard copy of this impact assessment can be obtained from Professional Regulation Branch, Acute Care and Workforce Directorate, Department of Health and Social Care, Quarry House, Quarry Hill, Leeds, LS2 7UE.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

ProvisionDate of CommencementS.I. No.
Section 1 (partially)1st October 2012S.I. 2012/1831
Section 1 (remainder)1st April 2013S.I. 2013/160
Sections 2 to 71st April 2013S.I. 2013/160
Section 81st June 2012S.I. 2012/1319
Section 9 (partially)1st October 2012S.I. 2012/1831
1st February 2013S.I. 2012/2657
Section 9 (remainder)1st April 2013S.I. 2013/160
Section 10 (partially)1st October 2012S.I. 2012/1831
1st February 2013S.I. 2012/2657
Section 10 (remainder)1st April 2013S.I. 2013/160
Sections 11 and 121st April 2013S.I. 2013/160
Section 13 (partially)1st February 2013S.I. 2012/2657
Section 13 (remainder)1st April 2013S.I. 2013/160
Section 14 (partially)1st February 2013S.I. 2012/2657
Section 14 (remainder)1st April 2013S.I. 2013/160
Section 151st February 2013S.I. 2012/2657
Section 161st April 2013S.I. 2013/160
Section 17 (partially)1st October 2012S.I. 2012/1831
1st February 2013S.I. 2012/2657
Section 17 (remainder)1st April 2013S.I. 2013/160
Sections 18 and 191st April 2013S.I. 2013/160
Section 201st February 2013S.I. 2012/2657
Section 211st October 2012S.I. 2012/1831
Section 22 (partially)1st October 2012S.I. 20121831
Section 22 (remainder)1st April 2013S.I. 2013/160
Section 23 (partially)1st October 2012S.I. 2012/1831
1st February 2013S.I. 2012/2657
Section 23 (remainder)1st April 2013S.I. 2013/160
Section 24 (partially)1st October 2012S.I. 2012/1831
Section 24 (remainder)1st April 2013S.I. 2013/160
Section 25 (partially)1st October 2012S.I. 2012/1831
Section 25 (remainder)1st April 2013S.I. 2013/160
Section 26 (partially)1st October 2012S.I. 2012/1831
1st February 2013S.I. 2012/2657
Section 26 (remainder)1st April 2013S.I. 2013/160
Section 27 (partially)1st October 2012S.I. 2012/1831
Section 27 (remainder)1st April 2013S.I. 2013/160
Section 281st April 2013S.I. 2013/160
Sections 29 to 341st April 2013S.I. 2013/160
Section 35 (partially), in relation to England only1st April 2013S.I. 2013/160
Section 36 in relation to England only1st April 2013S.I. 2013/160
Section 37 in relation to England only1st April 2013S.I. 2013/160
Section 381st April 2013S.I. 2013/160
Section 391st July 2012S.I. 2013/1319
Section 40 (partially)1st February 2013S.I. 2012/2657
Section 40 (remainder)1st April 2013S.I. 2013/160
Section 411st April 2013S.I. 2013/160
Section 421st July 2012S.I. 2012/1319
Section 431st April 2013S.I. 2013/160
Section 441st July 2012S.I. 2012/1319
Section 45 to 541st April 2013S.I. 2013/160
Section 55 (partially)1st July 2012S.I. 2012/1319
1st October 2012S.I. 2012/1831
1st February 2013S.I. 2012/2657
1st April 2013S.I. 2013/160
Sections 56 to 581st April 2013S.I. 2013/160
Section 591st July 2012S.I. 2012/1319
Section 601st April 2013S.I. 2013/160
Section 61 (partially)1st July 2012S.I. 2012/1319
Section 61 (remainder)1st November 2012S.I. 2012/2657
Section 62 (partially)1st November 2012S.I. 2012/2657
Section 62 (remainder)1st April 2013S.I. 2013/160
Section 631st November 2012S.I. 2012/2657
Section 64 (partially)1st June 2012S.I. 2012/1319
1st July 2012S.I. 2012/1319
Section 64 (remainder)1st November 2012S.I. 2012/2657
Section 66 (partially)1st November 2012S.I. 2012/2657
Section 66 (remainder)1st April 2013S.I. 2013/671
Section 67 (partially)1st November 2012S.I. 2012/2657
Section 67 (remainder)1st April 2013S.I. 2013/671
Section 68 (partially)1st November 2012S.I. 2012/2657
Section 68 (remainder)1st April 2013S.I. 2013/671
Section 691st April 2013S.I. 2013/671
Section 701st November 2012S.I. 2012/2657
Section 711st November 2012S.I. 2012/2657
Sections 72 and 731st April 2013S.I. 2013/160
Section 74 (partially)1st April 2013S.I. 2013/160
Section 74 (remainder)1st April 2013S.I. 2013/671
Sections 75 to 771st April 2013S.I. 2013/160
Section 781st February 2013S.I. 2012/2657
Section 791st July 2012S.I. 2012/1319
Section 801st April 2013S.I. 2013/160
Section 81 (partially)1st April 2013S.I. 2013/671
Section 81 (remainder)1st April 2014S.I. 2014/39
Section 821st April 2013S.I. 2013/671
Sections 83 and 841st April 2014S.I. 2014/39
Sections 85 to 87 (partially)1st April 2013S.I. 2013/671
Section 85 (remainder)1st January 2014S.I. 2013/2896
Section 86 (remainder)1st January 2014S.I. 2013/2896
Section 87 (remainder)1st April 2014S.I. 2014/39
Sections 88 and 891st April 2013S.I. 2013/671
Sections 90 to 92 (partially)1st April 2013S.I. 2013/671
Sections 90 to 92 (remainder)1st April 2014S.I. 2014/39
Section 931st April 2013S.I. 2013/671
Section 94 (partially)1st November 2012S.I. 2012/2657
Section 94 (remainder)1st April 2013S.I. 2013/671
Section 95 (partially)1st November 2012S.I. 2012/2657
1st April 2013S.I. 2013/671
Section 95 (remainder)1st July 2013S.I. 2013/671
Section 96 (partially)1st November 2012S.I. 2012/2657
1st July 2013S.I. 2013/671
Section 96 (remainder)1st April 2014S.I. 2014/39
Section 97 (partially)1st November 2012S.I. 2012/2657
Section 97 (remainder)1st April 2013S.I. 2013/671
Section 98 (partially)1st November 2012S.I. 2012/2657
Section 98 (remainder)1st April 2013S.I. 2013/671
Section 991st April 2013S.I. 2013/671
Section 1001st July 2013S.I. 2013/671
Section 101 (partially)1st November 2012S.I. 2012/2657
Section 101 (remainder)1st July 2013S.I. 2013/671
Section 1021st April 2013S.I. 2013/671
Section 103 (partially)1st November 2012S.I. 2012/2657
1st April 2013S.I. 2013/671
Section 103 (remainder)1st July 2013S.I. 2013/671
Section 104 (partially)1st November 2012S.I. 2012/2657
1st April 2013S.I. 2013/160
1st April 2013S.I. 2013/671
1st December 2013S.I. 2013/2896
1st April 2014S.I. 2014/39
Section 105 (partially)1st April 2013S.I. 2013/671
1st July 2013S.I. 2013/671
Section 105 (remainder)1st April 2014S.I. 2014/39
Section 106 (partially)1st April 2013S.I. 2013/671
Section 106 (remainder)1st April 2014S.I. 2014/39
Section 107 (partially)1st April 2013S.I. 2013/671
Section 107 (remainder)1st July 2013S.I. 2013/671
Section 108 (partially)1st November 2012S.I. 2012/2657
Section 108 (remainder)1st April 2013S.I. 2013//671
Sections 109 to 1141st April 2013S.I. 2013/671
Section 1151st April 2014S.I. 2014/39
Section 116 (partially)1st April 2013S.I. 2013/160
Section 116 (remainder)1st December 2013S.I. 2013/2896
Section 117 (partially)1st April 2013S.I. 2013/160
1st December 2013S.I. 2013/2896
1st April 2014S.I. 2014/39
Section 118 (partially)1st April 2013S.I. 2013/160
Section 118 (remainder)1st April 2014S.I. 2014/39
Section 119 (partially)1st April 2013S.I. 2013/160
Section 119 (remainder)1st April 2014S.I. 2014/39
Sections 120 to 123 (partially)1st September 2013S.I. 2013/671
Sections 120 to 123 (remainder)1st April 2014S.I. 2014/39
Sections 124 to 1261st March 2014S.I. 2014/39
Section 1271st December 2013S.I. 2013/2896
Section 144 (partially)1st November 2012S.I. 2012/2657
Section 147 (partially)1st October 2012S.I. 2012/1831
Section 147 (remainder)1st April 2013S.I. 2013/160
Section 148 (partially)1st November 2012S.I.2012/2657
Section 148 (remainder)1st April 2013S.I. 2013/671
Section 1491st November 2012S.I. 2012/2657
Section 150 (partially)1st July 2012S.I. 2012/1319
1st November 2012S.I. 2012/2657
1st April 2013S.I. 2013/160
Section 151 (partially)1st October 2012S.I. 2012/1831
1st April 2013S.I. 2013/160
Sections 152 and 1531st April 2013S.I. 2013/160
Section 1541st October 2012S.I. 2012/1831
Section 156 (partially)1st November 2012S.I. 2012/2657
1st April 2013S.I. 2013/671
Section 1571st April 2013S.I. 2013/160
Section 1581st October 2012S.I. 2012/1831
Section 159 (partially)1st April 2013S.I. 2013/671
Section 1601st July 2012S.I. 2012/1319
Sections 161 and 1621st April 2013S.I. 2013/160
Section 163 (partially)1st April 2013S.I. 2013/160
1st April 2013S.I. 2013/671
Section 164 (partially)1st October 2012S.I. 2012/1831
Section 164 (remainder)1st April 2013S.I. 2013/671
Section 1651st October 2012S.I. 2012/1831
Section 1661st November 2012S.I. 2012/2657
Section 1671st April 2013S.I. 2013/160
Sections 168 to 1721st April 2013S.I. 2013/671
Section 173 (partially)1st November 2012S.I. 2012/2657
Section 173 (remainder)1st April 2013S.I. 2013/671
Sections 174 to 1781st November 2012S.I. 2012/2657
Section 181 (partially)1st October 2012S.I. 2012/1831
Section 181 (remainder)1st April 2013S.I. 2013/160
Sections 182 to 1891st April 2013S.I. 2013/160
Section 190(1) to (8) and (10)1st April 2013S.I. 2013/160
Sections 191 to 2001st April 2013S.I. 2013/160
Section 2011st July 2012S.I. 2012/1319
Sections 202 to 2061st April 2013S.I. 2013/160
Section 207 (partially)1st July 2012S.I. 2012/1319
Section 207 (remainder)1st April 2013S.I. 2013/160
Sections 209 to 2111st August 2012S.I. 2012/1319
Section 212 (partially)1st October 2012S.I. 2012/1831
Section 212 (remainder)1st August 2012S.I. 2012/1319
Sections 213 to 2181st August 2012S.I. 2012/1319
Sections 220 and 2211st August 2012S.I. 2012/1319
Section 2221st December 2012S.I. 2012/2657
Section 223 (partially)1st August 2012S.I. 2012/1319
1st October 2012S.I. 2012/1831
1st February 2016S.I. 2016/81
Section 22416th March 2015S.I. 2015/409
Section 22516th March 2015S.I. 2015/409
Section 226 (partially)1st December 2012S.I. 2012/2657
9th June 2014S.I. 2014/1454
Section 2271st July 2012S.I. 2012/1319
Sections 228 and 2291st December 2012S.I. 2012/2657
Section 230 (partially)1st August 2012S.I. 2012/1319
Section 230 (remainder)1st December 2012S.I. 2012/2657
Section 2311st July 2012S.I. 2012/1319
Sections 232 to 2771st April 2013S.I. 2013/160
Section 2781st July 2012S.I. 2012/1319
Section 27931st October 2012S.I. 2012/1831
Section 2801st April 2013S.I. 2013/160
Section 2811st October 2012S.I. 2012/1831
Section 2821st April 2013S.I. 2013/160
Section 2831st July 2012S.I. 2012/1319
Sections 284 to 2871st April 2013S.I. 2013/160
Section 288 (partially)1st July 2012S.I. 2012/1319
1st April 2013S.I. 2013/160
Section 288 (remainder)1st April 2014S.I. 2014/39
Section 289 (partially)1st July 2012S.I. 2012/1319
1st April 2013S.I. 2013/671
1st April 2014S.I. 2014/39
Section 290 (partially)1st October 2012S.I. 2012/1831
Section 290 (remainder)1st April 2013S.I. 2013/160
Section 2911st October 2012S.I. 2012/1831
Sections 292 and 2931st April 2013S.I. 2013/160
Section 2941st October 2012S.I. 2012/1831
Section 295 and 296 (partially)1st October 2012S.I. 2012/1831
Sections 295 and 296 (remainder)1st April 2013S.I. 2013/160
Section 297 (partially)1st February 2013S.I. 2012/2657
1st April 2013S.I. 2013/160
Section 2981st October 2012S.I. 2012/1831
Section 2991st June 2012S.I. 2012/1319
Sections 300 to 302 (partially)1st July 2012S.I. 2012/1319
1st October 2012S.I. 2012/1831
Sections 300 to 302 (remainder)1st April 2013S.I. 2013/160
Schedule 1 (partially)1st October 2012S.I. 2012/1831
Schedule 1 (remainder)1st April 2013S.I. 2013/160
Schedule 2 (partially)1st October 2012S.I. 2012/1831
Schedule 2 (remainder)1st April 2013S.I. 2013/160
Schedule 31st April 2013S.I. 2013/160
Schedule 4 (partially)1st July 2012S.I. 2012/1319
1st October 2012S.I. 2012/1831
1st February 2013S.I. 2012/2657
Schedule 4 (remainder)1st April 2013S.I. 2013/160
Schedule 5 (partially)1st October 2012S.I. 2012/1831
1st April 2013S.I. 2013/160
Schedule 6 (partially)1st July 2012S.I. 2012/1319
Schedule 6 (remainder)1st October 2012S.I. 2012/1831
Schedule 71st April 2013S.I. 2013/160
Schedule 81st November 2012S.I. 2012/2657
Schedule 91st April 2013S.I. 2013/160
Schedule 101st November 2012S.I. 2012/2657
Schedule 11 (partially)1st April 2013S.I. 2013/671
Schedule 11 (remainder)1st July 2013S.I. 2013/671
Schedule 12 (partially)1st September 2013S.I. 2013/671
Schedule 12 (remainder)1st April 2014S.I. 2014/39
Schedule 13 (partially)1st July 2012S.I. 2012/1319
1st November 2012S.I. 2012/2657
1st April 2013S.I. 2013/160
Schedule 15 (partially)1st July 2012S.I. 2012/1319
1st August 2012S.I. 2012/1319
Schedule 15 (remainder)1st December 2012S.I. 2012/2657
Schedules 16, 17, 18 and 191st April 2013S.I. 2013/160
Schedule 20, Part 11st July 2012S.I. 2012/1319
Schedule 20, Part 231st October 2012S.I. 2012/1831
Schedule 20, Part 31st April 2013S.I. 2013/160
Schedule 21 (partially)1st February 2013S.I. 2012/2657
1st April 2013S.I. 2013/160
Schedules 22 and 23 (partially)1st July 2012S.I. 2012/1319
1st October 2012S.I. 2012/1831
Schedules 22 and 23 (remainder)1st April 2013S.I. 2013/160
(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), 2013/2896 (C. 117), 2014/39 (C. 2), 2014/1454 (C. 57), 2015/409 (C. 23) and 2016/81 (C. 7) for provisions of the Act which came into force by Order on earlier dates.

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