The Health and Social Care Act 2001 (Commencement No. 3) (Wales) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order is the third Commencement Order for Wales made under the Health and Social Care Act 2001 (“the Act”).

Subject to Article 2(2) and (3), Article 2(1) brings into force for Wales, on 26th August 2002, provisions of the Act which abolish the NHS Tribunal constituted under section 46 of the National Health Service Act 1977 (“the 1977 Act”). Article 2(2) and (3) make special provision for the coming into force date for cases where proceedings in the case commenced before the NHS Tribunal before 1st July 2002 and also for any cases before the NHS Tribunal that relate to a person undertaking to provide pharmaceutical services under Part II of the 1977 Act.

Article 3(1) brings into force in Wales, on 26th August 2002, provisions of the Act which establish, and relate to, the Family Health Services Appeal Authority (“the FHSAA”).

Article 3(2) makes transitional provision in respect of amendments which would otherwise be made to the National Health Service Act 1977 (c. 49) by section 27(2) of, and paragraph 5(10)(b) of Schedule 5 to, the Act, to the National Health Service (Primary Care) Act 1997 by section 27(5)(b) of the Act and to the Tribunals and Inquiries Act 1992 (c. 53) by paragraph 10 of Schedule 5 to the Act.