Community Care (Delayed Discharges etc.) Act 2003

3 Notices under section 2: supplementary E+W

(1) A notice under section 2 remains in force until the patient to which it relates is discharged, unless it has previously ceased to have effect by virtue of subsection (2) or (3).

(2) The responsible NHS body may withdraw the notice by giving notice of withdrawal to the responsible authority.

(3) Regulations may prescribe other circumstances in which the notice ceases to have effect.

(4) If the notice ceases to have effect before the patient is discharged—

(a) no further steps under section 4, 5 or 6 resulting from the notice shall be taken and no liability (or further liability) to make a payment under section 6(2) shall accrue; and

(b) the responsible NHS body may (subject to section 2(1)) give a fresh notice under section 2 in relation to the patient;

but paragraph (a) does not affect any liability which accrues before the notice ceases to have effect.

(5) Regulations may provide for—

(a) the form and content of—

(i) notices under section 2; and

(ii) notices of withdrawal under subsection (2),

and the manner in which such notices are to be given;

(b) circumstances in which notices under section 2 must be withdrawn; and

(c) determining the day on which a notice under section 2 or a notice of withdrawal under subsection (2) is given (including provision prescribing circumstances in which a notice under section 2 is to be treated for any specified purpose as having been given on a day other than that on which it was in fact given).

Commencement Information

I1 S. 3(1)(2)(4) in force at 1.10.2003 for E. by S.I. 2003/2280, art. 2(2)(a)

I2 S. 3(3)(5) in force at 4.9.2003 for E. by S.I. 2003/2280, art. 2(1)(b)