The Health and Social Care Act 2001 (Commencement No. 5) Order 2001

Explanatory Note

(This note is not part of the Order)

This Order is the fifth Commencement Order made under the Health and Social Care Act 2001 (“the Act”).

Article 2(1) brings into force in England, Wales and Scotland, on 8th April 2002, subsection (1) of section 50 of the Act, which provides that section 26A of the National Assistance Act 1948 (c. 29) (“the 1948 Act”) and section 86A of The Social Work (Scotland) Act 1968 (c. 49) shall cease to have effect. Sections 26A and 86A prevent local authorities from providing residential accommodation for persons who were in such accommodation on 31st March 1993.

Article 2(2) brings into force in England, on 20th December 2001, subsections (2) to (7) and (10) of section 50 of the Act and subsection (8) of that section in so far as it has not been brought into force by section 70(2) of the Act. The provisions commenced provide for the transfer to local authorities in England of responsibilities as to accommodation for persons to whom section 26A(1) of the 1948 Act applies.

Article 3 brings into force in England, Wales and Scotland, on 7th November 2001 sections 51 and 52 of the Act. Those sections provide for the disclosure of information and the alignment of social security benefits.