2001 No. 1985 (C. 65)
NATIONAL HEALTH SERVICE
HEALTH CARE AND ASSOCIATED PROFESSIONS

The Health Act 1999 (Commencement No. 11) Order 2001

Made
The Secretary of State for Health, in exercise of the powers conferred on him by section 67(1) and (2) of the Health Act 19991, and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, interpretation and extent1.

(1)

This Order may be cited as the Helath Act 1999 (Commencement No. 11) Order 2001.

(2)

In this Order, “the Act” means the Health Act 1999.

(3)

Article 2(3)(a) does not extend to Northern Ireland.

Appointed day2.

(1)

11th May 2001 is the day appointed for the coming into force of the provisions mentioned in the following paragraphs.

(2)

Section 60(3) of the Act in so far as it relates to—

(a)

section 10(5) of, and paragraph 7(4) of Schedule 1 to, the Nurses, Midwives and Health Visitors Act 19972;

(b)

the following provisions in the Professions Supplementary to Medicine Act 19603

(i)

paragraph 1(1) of the Second Schedule to the extent that it provides that, subject to sub-paragraph (2)(b), a person shall not be eligible for membership of the investigating committee or disciplinary committee set up by a board unless he is a member of that board; and

(ii)

paragraph 16(2) of the First Schedule to the extent that it provides that not more than one third of the members of a committee appointed by the Council or a board under paragraph 16(1) may be persons who are not members of the body appointing the committee.

(3)

In Schedule 2 to the Act (the Commission for Health Improvement)—

(a)

paragraphs 15 and 16; and

(b)

paragraphs 17 to 19,

in so far as they are not already in force.

(4)

In Schedule 4 to the Act (amendment of enactments), paragraphs 73 and 86, in so far as they are not already in force.

(5)

In Schedule 5 to the Act (repeals), the repeals relating to the provisions specified in paragraph (2) of this article, to the extent specified in that paragraph.

Alan Milburn
One of Her Majesty’s Principal Secretaries of State,
Department of Health
(This note is not part of the Order)

This Order brings into force on 11th May 2001 further provisions of the Health Act 1999. In particular it brings into force section 60(3) of the Health Act 1999 in so far as it relates to certain provisions and various repeals in Schedule 5 to the Act consequential upon those provisions. The Order also brings into force certain amendments as they extend to Scotland and Northern Ireland, but which are consequential on provisions of the Act applying to England and Wales brought into force by earlier orders.

(This note is not part of the Order)

The following provisions of the Health Act 1999 have been, or are to be, brought into force by commencement order made before the date of this Order. In addition to the provisions listed below, various provisions of Part II of, and Schedules 4 and 5 to, the Act that extend only to Scotland have been brought into force on 1st October 1999 by the Health Act 1999 (Commencement No. 4) (Scotland) Order 1999, S.S.I. 1999/90(C. 66), on 14th October 1999 by the Health Act 1999 (Commencement No. 6) (Scotland) Order 1999, S.S.I. 1999 No. 115 (C. 73) and on 1st March 2000 by the Health Act 1999 (Commencement No. 7) (Scotland) Order 2000, S.S.I. 2000 No. 38 (C. 2).

Provision

Date of Commencement

S.I.No.

s. 1 as to England

1st October 1999

1999/2540

as to Wales

1st April 2000

2000/1026

s. 2 as to England

(partially)

8th September 1999

1999/2342

(remainder)

4th January 2000

1999/2342

s. 3 as to England

1st April 2000

1999/2342

s. 4 as to England

(partially)

1st September 1999

1999/2342

(remainder)

1st April 2000

1999/2342

s. 5 as to England

(partially)

4th January 2000

1999/2342

s. 6(1) as to England

4th January 2000

1999/2342

s. 7 as to England

4th January 2000

1999/2342

s. 8 as to England

1st September 1999

1999/2342

s. 9 as to England

1st April 2000

1999/2793

as to Wales

1st April 2000

2000/1041

s. 11 as to England

1st September 1999

1999/2342

as to Wales

1st April 2000

2000/1026

s. 12 as to England

(partially)

1st September 1999

1999/2342

(remainder)

4th January 2000

1999/2342

as to Wales (partially)

1st December 1999

1999/3184

ss. 13 and 14 as to England

1st October 1999

1999/2540

as to Wales

1st November 1999

1999/3184

ss. 15 to 17 as to England

1st September 1999

1999/2342

as to Wales

1st November 1999

1999/3184

s. 18 as to England

(partially)

1st November 1999

1999/2793

(remainder)

4th January 2000

1999/2793

as to Wales (partially)

1st November 1999

1999/3184

s. 19

1st November 1999

1999/2793

s. 20 as to England and Wales (partially)

1st November 1999

1999/2793

as to England (remainder)

4th January 2000

1999/2793

s. 21 as to England

4th January 2000

1999/2793

as to Wales

1st April 2000

2000/1041

ss. 23 to 25

1st November 1999

1999/2793

ss. 26 to 27 as to England

1st April 2000

1999/2793

as to Wales (partially)

1st December 2000

2000/2991

s. 28 as to England

1st April 2000

1999/2793

as to Wales (partially)

1st November 1999

1999/3184

s. 29 as to England

(partially)

1st November 1999

1999/2793

(remainder)

1st April 2000

1999/2793

as to Wales (partially)

1st December 2000

2000/2991

ss. 30 to 32 as to England

1st April 2000

1999/2793

ss. 30 and 31 as to Wales (partially)

1st December 2000

2000/2991

s. 32 as to Wales

1st January 2001

2000/2991

s. 33(1) to (6) (partially)

1st September 1999

1999/2177

s. 34 (partially)

3rd August 1999

1999/2177

(remainder)

1st November 1999

1999/2177

s. 36 (partially)

3rd August 1999

1999/2177

s. 37 (partially)

3rd August 1999

1999/2177

s. 37(1) to (9) (remainder)

1st November 1999

1999/2177

s. 38 (partially)

3rd August 1999

1999/2177

(partially)

1st September 1999

1999/2177

(partially)

1st November 1999

1999/2177

s. 39 as to England

1st November 1999

1999/2793

as to Wales

9th February 2001

2001/270

s. 41

1st April 2000

1999/2793

ss. 42 to 44

1st October 1999

1999/2540

s. 60 (partially)

15th March 2000

2000/779

s. 62

3rd August 1999

1999/2177

s. 63

3rd August 1999

1999/2177

s. 64

3rd August 1999

1999/2177

Schedule 1

as to England (partially)

8th September 1999

1999/2342

as to England (partially)

4th January 2000

1999/2342

as to England (remainder)

1st April 2000

1999/2342

Schedule 2

1st November 1999

1999/2793

Schedule 4 (and s. 65(1) in so far as it relates to the paragraphs specified below)—

paragraphs 4 (partially), 6, 9 (partially), 12(1) (partially), 12(3)(b), 24, 26, 30(1) (partially), 30(2), 31(1) (partially), 31(3), 32, 34(b), 37(1) and (4) (partially), 37(5) and (6), 38(1) and (3) (partially), 39, 74 (partially), 75, 76(b), 83(1) (partially), 83(4), 84, 88(1) (partially) and 88(5) as to England

1st September 1999

1999/2342

paragraphs 8 (partially), 15, 27(a) (partially), 71 (partially), 83(1) partially), 83(6), 85(1) (partially), 85(3) and (4), 88(1) (partially), 88(6) and 90 as to England

1st October 1999

1999/2540

paragraphs 4 (partially), 14(1), (3) and (4) (partially), 14(2) and paragraph 36 as to England

1st November 1999

1999/2793

paragraphs 74 (partially), 76(a)(ii), 81(1) (partially) and 81(2)(b) as to England and Wales

1st November 1999

1999/2793

paragraphs 4 (partially), 37(1) (partially), 37(5) and (6), 79(1) (partially) and 79(2)(a) and (c) as to Wales

1st November 1999

1999/3184

paragraphs 4 (partially), 5, 6, 9 (partially), 12(1) (partially), 12(3)(b), 15, 26, 30(1) (partially), 30(2), 31(1) (partially), 31(3), 32, 34(b), 37(1) and (4) (partially), 38(1) and (3) (partially), 39, 74 (partially), 75, 76(b), 83(1) (partially), 83(4), 88(1) (partially) and 88(5) as to Wales

1st December 1999

1999/3184

paragraphs 1, 3, 4 (partially), 5, 7, 9 (remainder), 10, 11, 12 (remainder), 13, 23, 25, 27(a) (remainder), 28, 29, 30 (remainder), 34 (remainder), 37 (remainder), 38(1) (partially), 38(2)(a) and (c), 38(3) (remainder), 40, 71 (remainder), 74 (partially), 77 to 79, 81 (except (2)(b)), 83(1) to (5) and (7) (remainder), 87, 88(1) to (5) (remainder) and 89 as to England

4th January 2000

1999/2342

paragraphs 74 (partially), 76(a)(i), 85(1) (partially) and 85(2)(a) as to England and Wales

4th January 2000

1999/2342

paragraphs 4 (partially) and 16 as to England

4th January 2000

1999/2540

paragraphs 4 (partially), 31 (remainder), 33 and 35 as to England

1st April 2000

1999/2342

paragraphs 4 (partially), 14 (remainder) and 72 as to England

1st April 2000

1999/2793

paragraphs 73, 74 (partially), 82 and 86 as to England and Wales

1st April 2000

1999/2342

paragraphs 4 (partially), 27(b), 38(1) (partially), 38(2)(b) and (d) and 65 to 69 as to England and Wales

1st April 2000

1999/2793

paragraphs 4 (partially), 8 (partially), 24, 27(a) (partially), 71(a) and (b), 74 (partially), 83(6), 84, 85(4) and 90 as to Wales

1st April 2000

2000/1026

paragraphs 4 (partially) and 14 (partially) as to Wales

1st December 2000

2000/2991

paragraphs 4 (partially), 14 (partially) and 72 as to Wales

1st January 2001

2000/2991

Schedule 5 (and s. 65(2))—

as to England (partially)

1st October 1999

1999/2540

as to England (partially)

1st November 1999

1999/2793

as to England and Wales (partially)

1st November 1999

1999/2793

as to England and Wales (partially)

1st April 2000

1999/2793

as to the United Kingdom (partially)

1st November 1999

1999/2793

as to England and Wales (partially)

1st April 2000

2000/1041

as to England and Wales (partially)

9th February 2001

2001/270