Statutory Instruments
NATIONAL HEALTH SERVICE
HEALTH CARE AND ASSOCIATED PROFESSIONS
Made
7th May 2001
The Secretary of State for Health, in exercise of the powers conferred on him by section 67(1) and (2) of the Health Act 1999(1), and of all other powers enabling him in that behalf, hereby makes the following Order:
1.—(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.
2.—(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 1997(2);
(b)the following provisions in the Professions Supplementary to Medicine Act 1960(3)—
(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
7th May 2001
(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 |