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Health and Social Care (Community Health and Standards) Act 2003

Commencement

Section 199: Commencement

470.Section 199 provides that all of the Act provisions may come into force on such days as the appropriate authority in each case may appoint by order, except for those order or regulation making powers which will come into force on Royal Assent and the provisions in sections 167, 186 and 192 explained below. Subsection (2) gives the meaning of ‘appropriate authority’ in relation to the provisions of each Part of the Act.

471.Section 167 will come into force on Royal Assent as it simply provides by whom the powers to make regulations under Part 3 may be exercised and provides that regulations under section 157(7) (appeals against a certificate or a waiver decision) may only be made by the Secretary of State with the consent of the Scottish Ministers.

472.Section 186 provides that an Order in Council to replicate the Welfare Food Scheme provisions in section 185 for Northern Ireland be made subject to the negative resolution procedure. To enable the corresponding Northern Ireland legislation to be made as soon as possible after the Act receives Royal Assent, section 199 provides that section 186 comes into force on Royal Assent.

473.Section 192 comes into force on Royal Assent as it merely corrects an error in the Government of Wales Act 1998.

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