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The Health and Social Care Act 2008 (Commencement No.17) Order 2011

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Welsh Statutory Instruments

2011 No. 986 (W.143) (C.39)

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

SOCIAL CARE, ENGLAND AND WALES

The Health and Social Care Act 2008 (Commencement No.17) Order 2011

Made

28 March 2011

The Welsh Ministers make the following Order in exercise of the power conferred by section 170(3) of the Health and Social Care Act 2008(1).

Title and interpretation

1.—(1) The title of this Order is the Health and Social Care Act 2008 (Commencement No.17) Order 2011.

(2) In this Order, “the Act” (“y Ddeddf”) means the Health and Social Care Act 2008.

Appointed days for provisions coming into force in relation to England and Wales

2.—(1) 29 March 2011 is the day appointed for the coming into force of subsection (8) of section 146 of the Act (direct payments in lieu of provision of care services).

(2) 1 August 2011 is the day appointed for the coming into force of section 144 of the Act (weighing and measuring children: Wales).

Appointed day for provisions coming into force in relation to Wales

3.  29 March 2011 is the day appointed for the coming into force of subsections (1) to (7) of section 146 of the Act (direct payments in lieu of provision of care services) in relation to Wales, in so far as they are not already in force.

Edwina Hart

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

28 March 2011

Explanatory Note

(This note is not part of the Order)

This Order brings into force—

  • section 144 of the Health and Social Care Act 2008 (“the Act”) which provides for the insertion of new paragraphs 7A and 7B into Schedule 1 of the National Health Service (Wales) Act 2006. These new paragraphs make provision about weighing and measuring children in Wales;

  • subsection (8) of section 146 of the Act, which inserts subsection (4A) into section 64 of the Health and Social Care Act 2001 (“the 2001 Act”). This new subsection makes provision for the making of regulations by the Welsh Ministers under section 57 of the 2001 Act.

It also brings into force in relation to Wales—

  • subsections (1) to (7) of section 146 of the Act in so far as they are not already in force. These subsections make provision relating to direct payments in lieu of the provision of care services.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Health and Social Care Act 2008 have been brought into force in relation to England and Wales by a commencement orders made before the date of this Order.

ProvisionDate of CommencementS.I. No.
Section 1(1)1 October 20082008/2497 (C. 106)
Section 1(2)1 April 20092009/462 (C. 31)
Section 1(3) (partially)1 October 20082008/2497 (C. 106)
Section 1(3) (fully)1 April 20092009/462 (C. 31)
Section 2(1)1 October 20082008/2497 (C. 106)
Section 2(2)(a) (partially)12 January 20092008/3168 (C. 143)
Section 2(2)(a) (fully)6 April 20102010/807 (C.53)
Section 2(2)(b) and (c)1 April 20092009/462 (C. 31)
Sections 3 to 71 October 20082008/2497 (C. 106)
Section 8 (partially)12 January 20092008/3168 (C. 143)
Section 8 (fully)6 April 20102010/807 (C.53)
Section 91 October 20082008/2497 (C. 106)
Section 10(3)12 January 20092008/3168 (C. 143)
Section 10 (fully)1 April 20092009/462 (C. 31)
Section 11 (partially)12 January 20092008/3168 (C. 143)
Section 12(1) to (5) (partially)12 January 20092008/3168 (C. 143)
Section 12(6)6 April 20102010/807 (C.53)
Sections 13 to 156 April 20102010/807 (C.53)
Section 16 (partially)1 April 20092009/462 (C. 31)
Section 16 (fully)11 December 20092009/3023 (C. 130)
Section 17(1), (3) and (4)1 April 20092009/462 (C. 31)
Section 17 (fully)1 October 20102010/807 (C.53)
Sections 18 and 19 (partially)1 April 20092009/462 (C. 31)
Sections 18 and 19 (fully)1 October 20102010/807 (C.53)
Section 20 (partially)12 January 20092008/3168 (C. 143)
Section 20 (fully)6 April 20102010/807 (C.53)
Sections 21 and 22 (partially)12 January 20092008/3168 (C. 143)
Sections 23 and 2411 December 20092009/3023 (C. 130)
Section 25 (partially)12 January 20092008/3168 (C. 143)
Section 25 (fully)11 December 20092009/3023 (C. 130)
Section 26(1), (3) and (6) (partially)12 January 20092008/3168 (C. 143)
Section 26(4) and (5)1 April 20092009/462 (C. 31)
Section 26 (fully)6 April 20102010/807 (C.53)
Section 27 (partially)12 January 20092008/3168 (C. 143)
Section 27 (fully)6 April 20102010/807 (C.53)
Section 28(1) to (4)(a) (partially)12 January 20092008/3168 (C. 143)
Section 28(4)(c) and (d) (partially)1 April 20092009/462 (C. 31)
Section 28(1) to (4)(fully)6 April 20102010/807 (C.53)
Section 28(5) to (7)6 April 20102010/807 (C.53)
Sections 29 to 31 (partially)1 April 20092009/462 (C. 31)
Sections 29 to 31 (fully)1 October 20102010/807 (C.53)
Section 32 (partially)12 January 20092008/3168 (C. 143)
Section 33 (partially)1 April 20092009/462 (C. 31)
Section 33 (fully)1 October 20102010/807 (C.53)
Section 34(1) and (5)1 April 20092009/462 (C. 31)
Section 34(2) to (4) and 34(5) (fully)1 October 20102010/807 (C.53)
Section 3512 January 20092008/3168 (C. 143)
Section 361 April 20092009/462 (C. 31)
Section 37 partially)12 January 20092008/3168 (C. 143)
Sections 32 and 37 (fully)6 April 20102010/807 (C.53)
Sections 38 and 39 (partially)1 April 20092009/462 (C. 31)
Sections 38 and 39(fully)1 October 20102010/807 (C.53)
Section 401 April 20092009/462 (C. 31)
Sections 41 and 4211 December 20092009/3023 (C. 130)
Section 436 April 20102010/807 (C.53)
Section 44 (partially)12 January 20092008/3168 (C. 143)
Section 44 (fully)6 April 20102010/807 (C.53)
Section 451 April 20102010/708 (C. 46)
Section 46(4) to (8)1 October 20082008/2497 (C. 106)
Section 46 (fully)1 April 20092009/462 (C. 31)
Section 471 October 20082008/2497 (C. 106)
Section 481 April 20092009/462 (C. 31)
Section 49 (fully)11 December 20092009/3023 (C. 130)
Section 501 April 20092009/462 (C. 31)
Section 51 (partially)1 April 20092009/462 (C. 31)
Section 51 (fully)11 December 20092009/3023 (C. 130)
Sections 52 to 591 April 20092009/462 (C. 31)
Sections 60 to 65 (partially)12 January 20092008/3168 (C. 143)
Section 60 to 65 (fully)6 April 20102010/807 (C.53)
Section 66 (partially)1 October 20082008/2497 (C. 106)
Section 66 (partially)1 April 20092009/462 (C. 31)
Section 66 (fully)1 October 20102010/807 (C.53)
Sections 67 to 711 April 20092009/462 (C. 31)
Section 72 (partially)1 April 20092009/462 (C. 31)
Section 72 (fully)11 December 20092009/3023 (C. 130)
Sections 73 to 751 April 20092009/462 (C. 31)
Sections 76 to 831 October 20082008/2497 (C. 106)
Section 841 April 20092009/462 (C. 31)
Section 851 October 20082008/2497 (C. 106)
Sections 86 and 871 April 20092009/462 (C. 31)
Section 881 October 20082008/2497 (C. 106)
Section 891 April 20092009/462 (C. 31)
Sections 90 to 94 (partially)12 January 20092008/3168 (C. 143)
Section 90, 93 and 94 (fully)6 April 20102010/807 (C.53)
Section 95 (partially)1 October 20082008/2497 (C. 106)
Section 95 (partially)1 April 20092009/462 (C. 31)
Section 95 (partially)1 April 20102010/708 (C. 46)
Section 95 (partially)6 April 20102010/807 (C.53)
Section 95 (fully)1 October 20102010/807 (C.53)
Section 961 April 20092009/462 (C. 31)
Section 971 October 20082008/2497 (C. 106)
Section 98(1)25 January 20102010/23 (C. 3)
Section 98(3) (partially)28 September 20092009/2567 (C. 109)
Section 98(3) (partially)25 January 20102010/23 (C. 3)
Section 107(1)25 January 20102010/23 (C. 3)
Section 107(4) (partially)25 January 20102010/23 (C. 3)
Section 10825 January 20102010/23 (C. 3)
Section 111 (partially)1 October 20082008/2497 (C. 106)
Section 111 (partially)1 January 20092008/3244 (C. 148)
Section 112 (partially)3 November 20082008/2717 (C. 120)
Section 1131 January 20092008/3244 (C. 148)
Section 114 (fully)1 January 20092008/3244 (C. 148)
Sections 115 to 1171 January 20092008/3244 (C. 148)
Section 118 (partially)1 January 20092008/3244 (C. 148)
Section 119 (partially)1 April 20102010/708 (C. 46)
Section 120 (partially)1 April 20102010/708 (C. 46)
Section 1211 April 20102010/708 (C. 46)
Section 122 (partially)1 April 20102010/708 (C. 46)
Section 123(1)1 August 20102010/708 (C. 46)
Section 123(2) (partially)1 April 20102010/708 (C. 46)
Section 123(2) (fully)1 August 20102010/708 (C. 46)
Section 123(3) to (6)1 October 20082008/2497 (C. 106)
Section 127 (partially)25 August 20082008/2214 (C. 100)
Section 127 (partially)1 January 20092008/3244 (C. 148)
Section 127 (partially)4 June 20092009/1310 (C. 71)
Section 127 (partially)28 September 20092009/2567 (C. 109)
Section 127 (partially)25 January 20102010/23 (C. 3)
Sections 131 to 1381 January 20092008/3137 (C. 136)
Section 1391 April 20102010/708 (C. 46)
Section 140 (partially)1 April 20102010/708 (C.46)
Section 1421 October 20082008/2497 (C. 106)
Section 1431 October 20082008/2497 (C. 106)
Section 145 (partially)1 December 20082008/2994 (C. 129)
Sections 149 to 1541 April 20092008/2994 (C. 129)
Section 1551 December 20082008/2994 (C. 129)
Section 156 (partially)1 December 20082008/2994 (C. 129)
Section 156 (fully)1 April 20092008/2994 (C. 129)
Section 157(1) (partially)1 October 20082008/2497 (C. 106)
Section 157 (fully)1 January 20092008/2497 (C. 106)
Section 1581 January 20092008/2497 (C. 106)
Section 159(5)(a)1 March 20092009/270 (C. 12)
Section 159 (fully)1 April 20092009/270 (C. 12)
Section 160 (partially)1 October 20082008/2497 (C. 106)
Section 160 (partially)1 January 20092008/2497 (C. 106)
Section 166 (partially)1 January 20092008/2497 (C. 106) and 2008/3244 (C. 148)
Section 166 (partially)1 April 20092009/270 (C. 12)
Section 166 (partially)6 April 20092009/462 (C. 31)
Section 166 (partially)1 April 20102010/708 (C. 46)
Section 166 (partially)1 April 20102010/708 (C. 46)
Section 166 (partially)1 August 20102010/708 (C. 46)
Section 166 (partially)6 April 20102010/807 (C.53)
Section 166 (partially)1 October 20102010/807 (C.53)
Paragraphs 1 to 5 of Schedule 11 October 20082008/2497 (C. 106)
Paragraph 6(3) of Schedule 11 October 20082008/2497 (C. 106)
Paragraph 6(4) of Schedule 1 (partially)1 October 20082008/2497 (C. 106)
Paragraph 6(6) to 6(8) of Schedule 11 October 20082008/2497 (C. 106)
Paragraph 7 of Schedule 1 (partially)1 October 20082008/2497 (C. 106)
Paragraphs 8 to 12 of Schedule 11 October 20082008/2497 (C. 106)
Schedule 1 (fully)1 April 20092009/462 (C. 31)
Schedule 21 October 20082008/2497 (C. 106)
Schedule 31 April 20092009/462 (C. 31)
Paragraph 1 of Schedule 41 October 20082008/2497 (C. 106)
Paragraph 2 of Schedule 41 April 20092009/462 (C. 31)
Paragraph 3 of Schedule 41 October 20082008/2497 (C. 106)
Paragraph 4 of Schedule 41 April 20092009/462 (C. 31)
Paragraph 5 of Schedule 4 (partially)1 October 20082008/2497 (C. 106)
Paragraph 6 of Schedule 41 April 20092009/462 (C. 31)
Paragraphs 7 and 8 of Schedule 41 October 20082008/2497 (C. 106)
Paragraphs 9 and 10 of Schedule 41 April 20092009/462 (C. 31)
Schedule 4 (fully)1 October 20102010/807 (C.53)
Paragraph 1 of Schedule 51 April 20092009/462 (C. 31)
Paragraphs 7 to 9 of Schedule 51 April 20092009/462 (C. 31)
Paragraph 13 of Schedule 5 (partially)1 April 20092009/462 (C. 31)
Paragraph 14(a), (b)(i) and (c) of Schedule 51 April 20092009/462 (C. 31)
Paragraph 16(b) and (c) of Schedule 51 April 20092009/462 (C. 31)
Paragraph 17 of Schedule 51 April 20092009/462 (C. 31)
Paragraph 20 of Schedule 5 (partially)1 April 20092009/462 (C. 31)
Paragraphs 22 and 23 of Schedule 51 April 20092009/462 (C. 31)
Paragraph 24(b) and (c) of Schedule 51 April 20092009/462 (C. 31)
Paragraph 25 of Schedule 51 April 20092009/462 (C. 31)
Paragraphs 29 and 30 of Schedule 51 April 20092009/462 (C. 31)
Paragraphs 32 to 36 of Schedule 51 April 20092009/462 (C. 31)
Paragraphs 37 and 38 of Schedule 51 April 20102010/708 (C. 46)
Paragraph 39 of Schedule 51 April 20092009/462 (C. 31)
Paragraphs 40 and 41 of Schedule 5 (partially)1 April 20092009/462 (C. 31)
Paragraphs 40 and 41 of Schedule 5 (fully)6 April 20102010/807 (C.53)
Paragraphs 42 to 46 of Schedule 51 April 20092009/462 (C. 31)
Paragraph 47 of Schedule 5 (partially)1 April 20092009/462 (C. 31)
Paragraph 47 of Schedule 5 (fully)6 April 20102010/807 (C.53)
Paragraphs 48 to 53 of Schedule 51 April 20092009/462 (C. 31)
Paragraph 54(b) of Schedule 51 October 20082008/2497 (C. 106)
Paragraph 54 of Schedule 5 (fully)1 April 20092009/462 (C. 31)
Paragraph 55 of Schedule 51 April 20092009/462 (C. 31)
Paragraph 56(b) of Schedule 51 October 20082008/2497 (C. 106)
Paragraph 57(1) of Schedule 5 (partially)1 October 20082008/2497 (C. 106)
Paragraph 57(2)(b) of Schedule 51 October 20082008/2497 (C. 106)
Paragraph 58(b) of Schedule 51 October 20082008/2497 (C. 106)
Paragraph 59(1) of Schedule 5 (partially)1 October 20082008/2497 (C. 106)
Paragraph 59(2)(b) of Schedule 51 October 20082008/2497 (C. 106)
Paragraphs 56 to 59 of Schedule 5 (fully)1 April 20092009/462 (C. 31)
Paragraphs 60 to 72 of Schedule 51 April 20092009/462 (C. 31)
Paragraph 73(b) of Schedule 51 October 20082008/2497 (C. 106)
Paragraph 73 of Schedule 5 (fully)1 April 20092009/462 (C. 31)
Paragraphs 74 to 79 of Schedule 51 April 20092009/462 (C. 31)
Paragraph 80(b) of Schedule 51 October 20082008/2497 (C. 106)
Paragraph 80 of Schedule 5 (fully)1 April 20092009/462 (C. 31)
Paragraphs 81 to 93 of Schedule 51 April 20092009/462 (C. 31)
Paragraph 94 of Schedule 51 October 20082008/2497 (C. 106)
Part 1 of Schedule 5 (fully)1 October 20102010/807 (C.53)
Paragraphs 1 to 3 of Schedule 625 January 20102010/23 (C. 3)
Paragraphs 4 to 10 of Schedule 628 September 20092009/2567 (C. 109)
Paragraphs 11 to 14 of Schedule 625 January 20102010/23 (C. 3)
Paragraphs 17 to 23 of Schedule 625 January 20102010/23 (C. 3)
Paragraphs 1 and 2 of Schedule 81 January 20092008/3244 (C. 148)
Paragraph 3 of Schedule 8 (partially)1 October 2008 and 1 January 20092008/2497 (C. 106) and 2008/3244 (C. 148)
Paragraph 4 of Schedule 81 January 20092008/3244 (C. 148)
Paragraph 5(1) to (3) of Schedule 81 January 20092008/3244 (C. 148)
Paragraph 5(4) of Schedule 81 October 20082008/2497 (C. 106)
Paragraphs 6 and 7 of Schedule 81 January 20092008/3244 (C. 148)
Paragraph 8(a) of Schedule 81 October 20082008/2497 (C. 106)
Paragraph 8(b) of Schedule 81 January 20092008/3244 (C. 148)
Paragraph 9 of Schedule 81 January 20092008/3244 (C. 148)
Paragraph 1 of Schedule 101 January 20092008/3244 (C. 148)
Paragraph 2(a) of Schedule 101 January 20092008/3244 (C. 148)
Paragraph 2(b) of Schedule 1025 January 20102010/23 (C. 3)
Paragraph 3 of Schedule 10 (partially)1 January 20092008/3244 (C. 148)
Paragraph 3 of Schedule 10 (fully)25 January 20102010/23 (C. 3)
Paragraph 4(a) of Schedule 101 January 20092008/3244 (C. 148)
Paragraph 4(b) of Schedule 1028 September 20092009/2567 (C. 109)
Paragraph 5(a) of Schedule 101 January 20092008/3244 (C. 148)
Paragraph 5(b) of Schedule 1028 September 20092009/2567 (C. 109)
Paragraph 6(a) of Schedule 1025 January 20102010/23 (C. 3)
Paragraph 6(b) of Schedule 101 January 20092008/3244 (C. 148)
Paragraph 8 of Schedule 101 January 20092008/3244 (C. 148)
Paragraphs 10 to 12 of Schedule 101 January 20092008/3244 (C. 148)
Paragraph 13(a) of Schedule 101 January 20092008/3244 (C. 148)
Paragraph 13(b) of Schedule 1025 January 20102010/23 (C. 3)
Paragraph 16 of Schedule 101 January 20092008/3244 (C. 148)
Paragraph 17 of Schedule 101 January 20092008/3244 (C. 148)
Paragraph 19 of Schedule 101 January 20092008/3244 (C. 148)
Paragraph 20 of Schedule 1025 August 20082008/2214 (C. 100)
Paragraph 21 of Schedule 10 (partially)25 August 20082008/2214 (C. 100)
Paragraph 21 of Schedule 104 June 20092009/1310 (C. 71)
Paragraph 22 of Schedule 1025 January 20102010/23 (C. 3)
Paragraphs 23 to 25 of Schedule 101 January 20092008/3244 (C. 148)
Paragraph 26(a) of Schedule 101 January 20092008/3244 (C. 148)
Paragraph 26(b) of Schedule 1028 September 20092009/2567 (C. 109)
Part 1 of Schedule 121 April 20102010/708 (C.46)
Paragraphs 2 to 4 of Schedule 141 October 20082008/2497 (C. 106)
Paragraph 5 of Schedule 141 January 20092008/2497 (C. 106)
Paragraph 6 and 7 of Schedule 141 April 20092009/462 (C. 31)
Part 1 of Schedule 15 (partially)1 April 20092009/462 (C. 31)
Part 1 of Schedule 15 (partially)1 April 20102010/708 (C. 46)
Part 1 of Schedule 15 (partially)1 April 20102010/807 (C. 53)
Part 1 of Schedule 15 (fully)1 October 20102010/807 (C. 53)
Part 2 of Schedule 15 (partially)1 January 20092008/3244 (C. 148)
Part 2 of Schedule 15 (partially)1 April 20102010/708 (C. 46)
Part 2 of Schedule 15 (partially)1 August 20102010/708 (C. 46)
Part 4 of Schedule 15 (partially)1 April 20102010/708 (C. 46)
Part 6 of Schedule 151 January 20092008/2497 (C. 106)
Part 7 of Schedule 151 April 20092009/270 (C. 12)

The following provisions of the Health and Social Care Act 2008 have been brought into force in relation to Wales by commencement orders made by the Welsh Ministers before the date of this Order:

ProvisionDate of CommencementS.I. No
Section 12926 July 20102010/1547 (W.145) (C.84)
Section 130(1) (partially)26 July 20102010/1547 (W.145) (C.84)
Section 130(2)26 July 20102010/1547 (W.145) (C.84)
Section 140 (partially)21 May 20102010/1457 (W.130) (C.83)
Section 1476 April 20092009/631 (W.57) (C.43)
Section 14819 April 20102010/989 (W.98) (C.67)
Section 166 (partially)6 April 20092009/631 (W.57) (C.43)
Section 166 (partially21 May 20102010/1457 (W.130) (C.83)
Section 166 (partially)26 July 20102010/1547 (W.145) (C.84)
Schedule 1126 July 20102010/1547 (W.145) (C.84)
Part 2 of Schedule 1221 May 20102010/1457 (W.130) (C.83)
Schedule 136 April 20092009/631 (W.57) (C.43)
Part 3 of Schedule 15 (partially)26 July 20102010/1547 (W.145) (C.84)
Part 4 of Schedule 15 (partially)21 May 20102010/1457 (W.130) (C.83)
Part 5 of Schedule 15 (partially)6 April 20092009/631 (W.57) (C.43)

The following provisions of the Health and Social Care Act 2008 have been brought into force in relation to England by commencement orders made by the Secretary of State before the date of this Order:

ProvisionDate of CommencementS.I. No
Section 95 (partially)2 November 20092009/2862 (C.126)
Section 129 (partially)1 April 20092009/462 (C.31)
Section 129 (fully)6 April 20102010/708 (C.46)
Section 130(1) (partially)6 April 20102010/708 (C.46)
Section 130(2)6 April 20102010/708 (C.46)
Section 146 (partially)9 November 20092009/2567 (C.109)
Section 1476 April 20092009/462 (C.31)
Section 14819 April 20102010/708 (C.46)
Section 166 (partially)6 April 20092009/462 (C.31)
Section 166 (partially)6 April 20102010/708 (C.46)
Paragraph 11 Schedule 5 (partially)2 November 20092009/2862 (C.126)
Paragraph 14(b)(ii) Schedule 5 (partially)2 November 20092009/2862 (C.126)
Paragraph 15 Schedule 5 (partially)2 November 20092009/2862 (C.126)
Schedule 116 April 20102010/708 (C.46)
Schedule 136 April 20092009/462 (C.31)
Part 3 of Schedule 15 (partially)6 April 20102010/708 (C.46)
Part 5 of Schedule 15 (partially)6 April 20092009/462 (C.31)

See also section 170(1) and (2) of the Act for the provisions that came into force on 21 July 2008 (date of Royal Assent).

(1)

2008 c. 14. See section 171(4) of that Act for the definition of 'appropriate authority'

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