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The Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) (Wales) Order 2004

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Welsh Statutory Instruments

2004 No. 873 (W.88) (C.37)

NATIONAL HEALTH SERVICE, WALES

PUBLIC HEALTH, WALES

SOCIAL CARE, WALES

The Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) (Wales) Order 2004

Made

23rd March 2004

Coming into force

1st April 2004

The National Assembly for Wales, in exercise of the powers conferred upon it by section 199(1) of the Health and Social Care (Community Health and Standards) Act 2003(1) hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No.2) (Wales) Order 2004.

(2) In this Order, “the 2003 Act” means the Health and Social Care (Community Health and Standards) Act 2003.

Appointed day

2.  1st April 2004 is the day appointed for the following provisions of the 2003 Act to come into force—

(a)section 47;

(b)sections 70 to 75;

(c)except for section 94(6) to (8), the provisions in Chapter 6 of Part 2 of the 2003 Act in so far as they are not already in force(2);

(d)sections 109, and 142 to 145;

(e)in relation to Wales, sections 106, 108, 111, and section 196 and Part 2 of Schedule 14 in so far as they relate to section 31(6) of the Care Standards Act 2000(3).

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4)

John Marek

The Deputy Presiding Officer of the National Assembly

23rd March 2004

Explanatory Note

(This note is not part of the Regulations)

This is the second commencement order made by the National Assembly for Wales under the Health and Social Care (Community Health and Standards) Act 2003 (“the Act”). It brings certain provisions of the Act connected to Wales into force on 1st April 2004.

Article 2(a) brings into force section 47 of the Act which allows the Assembly to prepare and publish statements of standards in relation to the provision of health care by and for Welsh NHS bodies.

Article 2(b) commences Chapter 4 of Part 2 of the Act which provides for the Assembly to conduct reviews of and investigations into the provision of health care by and for Welsh NHS bodies and which confers upon the Assembly rights of entry and powers to require information and explanations in connection with such reviews and investigations.

Article 2(c) commences Chapter 6 of Part 2 of the Act, which provides for the National Assembly to conduct reviews, investigations and inspections into the way in which Welsh local authorities discharge their social services functions.

Article 2(d) commences other provisions of the Act concerning Wales. These are: (i) section 109, which requires the Assembly to have particular regard to the need to safeguard and promote children’s rights and welfare in the exercise of its social care regulatory and inspection functions; (ii) section 142, which requires the Assembly to publish annual reports about its social and health care regulatory and inspection functions; (iii) section 143, which empowers the Assembly to use information obtained in the exercise of one of its social or health care regulatory or inspection functions for the purposes of another of those functions; (iv) section 144 which makes provision about health or social care inquiries held under the Government of Wales Act 1998; and (v) section 145, which requires the Assembly and the Commission for Healthcare Audit and Inspection to co-operate with each other.

Article 2(e) commences certain provisions of the Act in relation to Wales. These are: (i) section 106, which clarifies the definition of “independent medical agency” in the Care Standards Act 2000; (ii) section 108, which amends the powers of inspection provisions of the Care Standards Act 2000; and (iii) section 111, which amends the Children Act 1989 so as to require reports to be published following inspections of boarding schools and colleges.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The provisions of the Health and Social Care (Community Health and Standards) Act 2003 listed in the table below have been brought into force by commencement orders made before the date of this Order. Except where indicated the provisions commenced by SI 2003/3346 and SI 2004/759 have been commenced in relation to England and Wales. The provisions commenced by SI 2004/288 have been commenced in relation to England. The provisions commenced by SI 2004/480 (W.49) have been commenced in relation to Wales.

ProvisionDate of CommencementS.I. No.
Section 11.4.20042004/759
Sections 2 to 41.1.20042003/3346
Sections 5 to 201.4.20042004/759
Sections 22 to 351.4.20042004/759
Section 361.1.20042003/3346
Sections 37 to 391.4.20042004/759
Section 401.1.20042003/3346
Section 418.1.20042003/3346
Section 42 as to England1.1.20042003/3346
Section 4311.3.20042004/759
Section 441.4.20042004/759
Sections 45 and 461.4.20042004/759
Sections 48 and 491.4.20042004/759
Section 50(1) (partially)1.4.20042004/759
Section 50(1) (partially)1.4.20062004/759
Section 50(2) and (3)1.4.20052004/759
Section 50(4)1.4.20062004/759
Section 50(5)1.4.20042004/759
Section 51(1) to (3) and (6)1.4.20042004/759
Section 51(4)1.4.20052004/759
Section 52(1) to (4), (6) and (7)1.4.20042004/759
Section 52(5)1.4.20052004/759
Sections 53 to 571.4.20042004/759
Sections 60 and 611.4.20042004/759
Sections 64 to 681.4.20042004/759
Sections 76 to 84 as to England1.4.20042004/759
Sections 87 to 91 as to England1.4.20042004/759
Section 1021.4.20042004/759
Section 1031.4.20042004/759
Section 104 as to England1.4.20042004/759
Section 1061.4.20042004/759
Section 1081.4.20042004/759
Section 110 as to England1.4.20042004/759
Section 1111.4.20042004/759
Section 112 as to England11.3.20042004/759
Sections 118 and 1191.6.20042004/759
Section 120 and 1211.4.20042004/759
Section 1231.4.20042004/759
Section 1241.4.20042004/759
Section 125 as to England1.4.20042004/759
Section 1261.4.20042004/759
Section 127 as to England1.4.20042004/759
Section 1281.4.20042004/759
Section 129 as to England1.4.20042004/759
Section 1301.4.20042004/759
Section 131 as to England1.4.20042004/759
Section 1321.4.20042004/759
Section 133 as to England1.4.20042004/759
Section 1341.4.20042004/759
Section 135 as to England1.4.20042004/759
Section 136 to 1381.4.20042004/759
Section 139 as to England1.4.20042004/759
Section 1401.4.20042004/759
Section 141 as to England1.4.20042004/759
Section 1461.4.20042004/759
Section 147 as to England (partially)1.1.20042003/3346
Section 147 (partially)8.1.20042003/3346
Section 147 as to England (partially)1.3.20042004/288
Section 147 as to England (partially)11.3.20042004/759
Section 147 as to England (partially)1.4.20042004/288
Section 147 as to England (partially)1.4.20042004/759
Section 147 (partially)1.4.20042004/759
Section 147 (partially)1.6.20042004/759
Section 1481.1.20042003/3346
Section 174 as to Wales (partially)28.2.20042004/480
Section 174 as to Wales (partially)1.4.20042004/480
Section 175(1) as to England (partially)3.2.20042004/288
Section 175(1)1.3.20042004/288
Section 175 as to Wales28.2.20042004/480
Section 175 as to England insofar as is not already in force1.4.20042004/288
Section 176 as to England3.2.20042004/288
Section 176 as to Wales28.2.20042004/480
Section 177(1) and (2) as to England3.2.20042004/488
Section 177(2) as to England insofar as is not already in force1.3.20042004/288
Section 177(3) to (11) as to England1.3.20042004/288
Section 177(12) as to England (partially)1.4.20042004/288
Section 178 as to England1.4.20042004/288
Section 179(1) as to England (partially)3.2.20042004/288
Section 179(1) as to Wales (partially)28.2.20042004/480
Section 179(2) as to England (partially)3.2.20042004/288
Section 179(2) as to Wales28.2.20042004/480
Section 180 as to Wales (partially)28.2.20042004/480
Section 180 as to England (partially)1.3.20042004/288
Section 184 as to England (partially)3.2.20042004/288
Section 184 as to Wales (partially)28.2.20042004/480
Section 184 as to England (partially)1.3.20042004/288
Section 184 as to England (partially)1.4.20042004/288
Section 184 as to Wales (partially)1.4.20042004/480
Section 189(1)1.4.20042004/759
Section 196 as to England (partially)1.3.20042004/288
Section 196 as to England (partially)1.4.20042004/288
Section 196 as to Wales (partially)1.4.20042004/480
Section 196 (partially)1.4.20042004/759
Schedule 11.4.20042004/759
Schedule 21.1.20042003/3346
Schedules 3 to 51.4.20042004/759
Schedule 68.1.20042003/3346
Schedule 7 as to England1.1.20042003/3346
Schedule 811.3.20042004/759
Schedule 9
Paragraphs 1, 3, 5 to 8 and 31 as to England (partially)1.1.20042003/3346
Paragraphs 1, 3, 5 to 8, 13 and 31 (partially)8.1.20042003/3346
Paragraphs 16, 23(b) and 27 as to England11.3.20042004/759
Paragraphs 2,14,16 to 20, 22, 23(a), 25, 29 and 301.4.20042004/759
Paragraphs 9 and 111.6.20042004/759
Paragraphs 10, 21, 24, 26 to 28 and 32 as to England1.4.20042004/759
Paragraph 12 (partially)11.3.20042004/759
Schedule 11
Paragraph 1 as to England1.4.20042004/288
Paragraph 1 as to Wales1.4.20042004/480
Paragraph 2 as to England (partially)1.4.20042004/288
Paragraph 2 as to Wales (partially)1.4.20042004/480
Paragraphs 3(2)(a) and (3) to (5) and 3(1) as to England (partially)1.4.20042004/288
Paragraphs 3(2)(a) and (3) to (5) and 3(1) as to Wales (partially)1.4.20042004/480
Paragraphs 4 to 6 as to England1.4.20042004/288
Paragraphs 4 to 6 as to Wales1.4.20042004/480
Paragraph 7 as to England (partially)3.2.20042004/288
Paragraph 7 as to Wales (partially)28.2.20042004/480
Paragraph 7 as to England (partially)1.3.20042004/288
Paragraph 7 as to England (partially)1.4.20042004/288
Paragraph 7 as to Wales (partially)1.4.20042004/480
Paragraph 8 as to Wales (partially)1.4.20042004/480
Paragraph 9 as to England1.4.20042004/288
Paragraph 9 as to Wales1.4.20042004/480
Paragraph 10 as to Wales1.4.20042004/480
Paragraphs 12 and 13 as to England1.4.20042004/288
Paragraph 13 as to Wales1.4.20042004/480
Paragraphs 14 to 17 as to England1.3.20042004/288
Paragraph 20 as to England (partially)1.4.20042004/288
Paragraph 20 as to Wales (partially)1.4.20042004/480
Paragraph 21(2) and (3) as to Wales (partially)1.4.20042004/480
Paragraph 21(3) as to England (partially)1.4.20042004/288
Paragraph 22 as to England (partially)1.4.20042004/288
Paragraph 22(1) as to Wales (partially)1.4.20042004/480
Paragraph 22(2) and 22(3)(a), (5)(b) and (7) to (9) as to Wales1.4.20042004/480
Paragraph 22(8)(b) and (9) as to Wales (partially)1.4.20042004/480
Paragraph 23 as to Wales (partially)28.2.20042004/480
Paragraph 23 as to England (partially)3.2.20042004/288
Paragraph 23 as to England (partially)1.4.20042004/288
Paragraph 23 as to Wales (partially)1.4.20042004/480
Paragraph 24(a) as to England1.4.20042004/288
Paragraph 24(a) as to Wales1.4.20042004/480
Paragraphs 25 to 27 as to England1.4.20042004/288
Paragraphs 25 to 27 as to Wales1.4.20042004/480
Paragraph 26 as to England (partially)11.3.20042004/759
Paragraph 36(a) as to England1.4.20042004/288
Paragraph 36(a) as to Wales1.4.20042004/480
Paragraph 37 as to England1.4.20042004/288
Paragraph 37 as to Wales1.4.20042004/480
Paragraph 38 as to England3.2.20042004/288
Paragraph 38 as to Wales (partially)28.2.20042004/480
Paragraph 39 as to England (partially)3.2.20042004/288
Paragraph 39 as to Wales (partially)28.2.20042004/480
Paragraph 40 as to Wales1.4.20042004/480
Paragraph 41 as to Wales1.4.20042004/480
Paragraphs 42 to 44 as to England1.4.20042004/288
Paragraphs 42 to 44 as to Wales1.4.20042004/480
Paragraph 45 as to England (partially)1.4.20042004/288
Paragraph 45 as to Wales (partially)1.4.20042004/480
Paragraph 46 as to England (partially)1.4.20042004/288
Paragraph 46(1) as to Wales (partially)1.4.20042004/480
Paragraph 46(2)(a) and (3)(a) as to Wales1.4.20042004/480
Paragraphs 47 to 49 as to England1.4.20042004/288
Paragraphs 47 to 49 as to Wales1.4.20042004/480
Paragraphs 51 and 52 as to England1.4.20042004/288
Paragraph 51 to 52 as to Wales1.4.20042004/480
Paragraph 53 as to England (partially)1.4.20042004/288
Paragraph 53 as to Wales (partially)1.4.20042004/480
Paragraph 55 as to England1.4.20042004/288
Paragraph 55 as to Wales1.4.20042004/480
Paragraphs 56 to 59 as to England1.4.20042004/288
Paragraphs 56 to 59 as to Wales1.4.20042004/480
Paragraph 60 as to England (partially)1.4.20042004/288
Paragraph 60 as to Wales (partially)1.4.20042004/480
Paragraphs 61 to 64 as to Wales1.4.20042004/480
Paragraphs 62 and 63 as to England1.4.20042004/288
Paragraphs 65 and 67(a) as to England1.4.20042004/288
Paragraphs 65 and 67(a) as to Wales1.4.20042004/480
Paragraph 69 as to Wales (partially)1.4.20042004/480
Paragraphs 70 to 74 as to England (partially)1.4.20042004/288
Paragraphs 70 to 74 as to Wales1.4.20042004/480
Schedule 14 as to England (partially)1.4.20042004/288
Schedule 14 as to Wales (partially)1.4.20042004/480
Schedule 14 Part 11.4.20042004/759
(1)

2003 c. 43. The powers are conferred upon the appropriate authority. See section 199(2) for the definition of “appropriate authority” for the purposes of section 199(1).

(2)

See section 199(4) of the 2003 Act.

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