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The Health Act 2006 (Commencement No. 2) (Wales) Order 2008

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Welsh Statutory Instruments

2008 No. 3171 (W.284) (C.144)

NATIONAL HEALTH SERVICE, WALES

The Health Act 2006 (Commencement No. 2) (Wales) Order 2008

Made

12 December 2008

The Welsh Ministers make this Order in exercise of the powers conferred by section 83(5)(a) of the Health Act 2006(1).

Title, interpretation and application

1.  (1)  The title of this Order is the Health Act 2006 (Commencement No. 2) (Wales) Order 2008.

(2) In this Order “the Act” (“y Ddeddf”) means the Health Act 2006.

(3) This order applies in relation to Wales.

Appointed day for provisions relating to the supervision and management of controlled drugs

2.  13 December 2008 is the appointed day for the coming into force of the following provisions of the Act—

(a)Chapter 1 of Part 3 of the Act as it applies in relation to Wales, in so far as it is not already in force(2); and

(b)sections 76, 77 and 78 so far as they relate to offences under Chapter 1 of Part 3 (including offences created in regulations under that Chapter).

Edwina Hart

Minister for Health and Social Services, one of the Welsh Ministers

12 December 2008

Explanatory Note

(This note is not part of the Order)

This Order is the second Commencement Order made under the Health Act 2006 (“the 2006 Act”). It brings into force Chapter 1 of Part 3 of the 2006 Act in relation to Wales. This contains measures relating to the safe management and use of controlled drugs in certain health and social care settings. In particular, it provides for the appointment of accountable officers who must ensure that specified organisations have appropriate arrangements for the safe and effective handling of controlled drugs, and it contains duties of collaboration between responsible bodies and rights of entry and inspection to relevant premises.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following Commencement Order has been made under the Health Act 2006 by the National Assembly for Wales in relation to Wales:

The Health Act 2006 (Commencement No.1 and Transitional Provisions) (Wales) Order 2007 (S.I. 2007/204 (W.18) (C.9)).

The following Commencement Orders have been made under the Health Act 2006 by the Secretary of State for Health in relation to England and Wales:

The Health Act 2006 (Commencement No.1 and Transitional Provisions) Order 2006 (S.I. 2006/2603 (C.88)),

The Health Act 2006 (Commencement No.2) Order 2006 (S.I. 2006/3125 (C.108)) (parts also relate to Scotland),

The Health Act 2006 (Commencement No.3) Order 2007 (S.I. 2007/1375 (C.57)).

The Health Act 2006 (Commencement No.5) Order 2008 (S.I. 2008/1972 (C.96)).

The following Commencement Order has been made under the Health Act 2006 by the Secretary of State for Health in relation to England and Scotland:

The Health Act 2006 (Commencement No.4) Order (S.I. 2008/1147 (C.50)).

ProvisionDate ofS.I. Number Commencement
Sections 1 to 32 April 2007 (in relation to Wales) and 1 July 2007 (in relation to England)

2007/204 (W.18) (C.9)

2007/1375 (C.57)

Section 41 July 2007 (in relation to England)2007/1375 (C.57)
Section 52 April 2007 (in relation to Wales)2007/204 (W.18) (C.9)
Section 5 (other than section 5(4))1 July 2007 (in relation to England)2007/1375 (C.57)
Section 5(4)1 July 2007 (in relation to England, Scotland and Northern Ireland)2007/1375 (C.57)
Sections 6 to 122 April 2007 (in relation to Wales) and 1 July 2007 (in relation to England)

2007/204 (W.18) (C.9)

2007/1375 (C.57)

Section 131 July 2007 (in relation to England and Wales)2007/1375 (C.57)
Sections 14 to 161 October 20062006/2603 (C.88)
Sections 17 to 251 January 2007 (partially in relation to England) and 1 March 2007 (in relation to Scotland)

2006/3125 (C.108)

2006/3125 (C.108)

Section 331 October 20062006/2603 (C.88)
Sections 34 and 3528 February 2007 (partially)2006/3125 (C.108)
Sections 37 to 421 August 20082008/1972 (C.96)
Section 431 May 20082008/1147 (C.50)
Sections 44 to 551 February 2007 (in relation to Wales) and 22 April 2008 (in relation to England)

2007/204 (W.18) (C.9)

2008/1147 (C.50)

Section 561 February 2007 (in relation to Wales) and 1 October 2006 (in relation to England, partially)

2007/204 (W.18) (C.9)

2006/2603 (C.88)

Section 571 October 20062006/2603 (C.88)
Sections 58 to 6228 September 2006 (partially)2006/2603 (C.88)
Sections 58 to 621 October 2006 (remainder)2006/2603 (C.88)
Sections 63 to 691 October 20062006/2603 (C.88)
Section 7028 September 2006 (partially)2006/2603 (C.88)
Section 701 October 2006 (remainder)2006/2603 (C.88)
Section 7128 September 2006 (partially)2006/2603 (C.88)
Section 711 October 2006 (remainder)2006/2603 (C.88)
Section 7228 April 20082008/1147 (C.50)
Section 7329 January 2007 (except so far as it relates to Scotland) and 29 January 2007 (in relation to Scotland)

2006/3125 (C.108)

SSI 2007/9 (C.1)

Sections 76 and 771 February 2007 (Wales, so far as relate to offences under Chapter 3 of Part 4) and 2 April 2007 (Wales, so far as relate to offences under Chapter 1 of Part 1)

2007/204 (W.18) (C.9)

2007/204 (W.18) (C.9)

Sections 76 and 771 July 2007 (England, so far as relate to offences under Part 1) and 22 April 2008 (so far as relate to offences under Chapter 3 of Part 4) and 22 April 2008 (England and Scotland, so far as relate to offences under Chapter 1 of Part 3)

2007/1375 (C.57)

2008/1147 (C.50)

2008/1147 (C.50)

Section 781 February 2007 (Wales, so far as it relates to offences under Chapter 3 of Part 4) and 2 April 2007 (Wales, so far as it relates to offences under Chapter 1 of Part 1)

2007/204 (W.18) (C.9)

2007/204 (W.18) (C.9)

Section 7822 April 2008 (England, so far as relates to offences under Chapter 3 of Part 4) ) and 22 April 2008 (England, so far as relates to offences under Chapter 1 of Part 3)

2008/1147 (C.50)

2008/1147 (C.50)

Section 80(1)1 October 2006 (partially) 29 January 2007 (partially in relation to Scotland) 1 February 2007 (partially in relation to Wales)

2006/2603 (C.88)

SSI 2007/9 (C.1)

2007/204 (W.18) (C.9)

Section 80(2)1 October 2006 (partially) and 1 February 2007 (partially, in relation to Wales)

2006/2603 (C.88)

2007/204 (W.18) (C.9)

Schedules 1 and 22 April 2007 (in relation to Wales) and 1 July 2007 (in relation to England)

2007/204 (W.18) (C.9)

2007/1375 (C.57)

Schedule 31 October 2006 (partially) 1 February 2007 (in relation to Wales)

2006/2603 (C.88)

2007/204 (W.18) (C.9)

Schedule 41 October 20062006/2603 (C.88)
Schedules 5 and 628 September 2006 (partially) and 1 October 2006 (remainder)

2006/2603 (C.88)

2006/2603 (C.88)

Schedule 71 October 20062006/2603 (C.88)
Schedule 8, paragraphs 1 to 51 October 20062006/2603 (C.88)
Schedule 8, paragraph 24(a)1 October 2006 (partially) and 1 February 2007 (in relation to Wales)

2006/2603 (C.88)

2007/204 (W.18) (C.9)

Schedule 8, paragraphs 26 to 281 October 2006 (partially)2006/2603 (C.88)
Schedule 8, paragraph 311 October 20062006/2603 (C.88)
Schedule 8, paragraphs 32—341 August 20082008/1972 (C.96)
Schedule 8, paragraph 351 October 20062006/2603 (C.88)
Schedule 8, paragraphs 39—421 October 2006 (partially)2006/2603 (C.88)
Schedule 8, paragraph 431 February 2007 (in relation to Wales)2007/204 (W.18) (C.9)
Schedule 8, paragraph 441 October 2006 (expect in relation to Wales) and 1 February 2007 (in relation to Wales)

2006/2603 (C.88)

2007/204 (W.18) (C.9)

Schedule 8, paragraph 45(1)1 October 2006 (partially)2006/2603 (C.88)
Schedule 8, paragraph 45(3)1 October 20062006/2603 (C.88)
Schedule 8, paragraph 461 August 20082008/1972 (C.96)
Schedule 8, paragraphs 47 and 481 October 20062006/2603 (C.88)
Schedule 8, paragraph 491 October 2006 (partially)2006/2603 (C.88)
Schedule 8, paragraphs 51 and 521 October 20062006/2603 (C.88)
Schedule 8, paragraph 5529 January 2007 (in relation to Scotland)SSI 2007/9 (C.1)
Schedule 8, paragraphs 56 to 611 October 20062006/2603 (C.88)
Schedule 8, paragraph 621 February 2007 (in relation to Wales)2007/204 (W.18) (C.9)
Schedule 91 October 2006 (partially)2006/2603 (C.88)
Schedule 91 February 2007 (partially in relation to Wales)2007/204 (W.18) (C.9)
(1)

2006 c. 28. The functions of the National Assembly for Wales under the Health Act 2006 (c. 28) (“the Act”) were transferred to the Welsh Ministers in accordance with paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(2)

In so far as any provision of the Act confers power to make an order or regulations or defines any expression relevant to the exercise of any such power it came into force on the passing of the Act by virtue of section 83(1)(e) of the Act.

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