The Health and Social Care Act 2001 (Commencement No. 3) (England) Order 2001

Citation, interpretation and extent

1.—(1) This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 3) (England) Order 2001.

(2) In this Order—

“the 1948 Act” means the National Assistance Act 1948(1);

“the 1977 Act” means the National Health Service Act 1977(2);

“the 2001 Act” means the Health and Social Care Act 2001; and

“the standard rate” has the same meaning as in section 22(2) of the 1948 Act(3).

(3) This Order extends to England only.

Appointed day in respect of section 6 of the 2001 Act

2.  1st October 2001 is the day appointed for the coming into force of section 6 of the 2001 Act.

Appointed day in respect of section 49 of the 2001 Act

3.—(1) 1st October 2001 is the day appointed for the coming into force of section 49 of the 2001 Act in so far as it relates to any person—

(a) who is provided with accommodation by a local authority under section 21(1)(4) of the 1948 Act (duties of local authorities to provide accommodation), and

(b) who, if the authority were also to provide the nursing care in connection with that accommodation, would be liable to make a payment under section 22(3)(5) (charges to be made for accommodation) or section 26(3)(6) (provision of accommodation in premises maintained by voluntary organisations) of the 1948 Act either at the standard rate or at a lower rate which is not less than the standard rate minus £110.

(2) Notwithstanding that a person ceases to satisfy sub-paragraph (b) of paragraph (1) above, section 49 of the 2001 Act shall continue to apply to him.

Appointed days in respect of the Family Health Services Appeal Authority

4.—(1) Subject to paragraph (2), the day appointed for the coming into force of each provision of the 2001 Act specified in column 1 of Part I of the Schedule to this Order is—

(a) for the purpose of constituting the Family Health Services Appeal Authority and for making rules or regulations in respect of it, 1st October 2001, and

(b) for all other purposes, 1st December 2001.

(2) Until section 16 of the 2001 Act is commenced fully in relation to England, each provision of that Act specified in column 1 of Part II of the Schedule to this Order shall take effect subject to the amendment specified in respect of it in column 2 of that Part.

Signed by authority of the Secretary of State for Health.

John Hutton

Minister of State,

Department of Health

30th September 2001