2003 No. 1580 (C.65)

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service Reform and Health Care Professions Act 2002 (Commencement No. 5) Order 2003

Made

The Secretary of State for Health, in exercise of the powers conferred upon him by sections 38(5) and 42(3) of the National Health Service Reform and Health Care Professions Act 20021 and all other powers enabling him in that behalf, after consulting the National Assembly for Wales in relation to sections 12 to 14 of that Act in accordance with section 42(4) thereof, hereby makes the following Order:

Citation, interpretation and extent1

1

This Order may be cited as the National Health Service Reform and Health Care Professions Act 2002 (Commencement No. 5) Order 2003.

2

In this Order “the Act” means the National Health Service Reform and Health Care Professions Act 2002.

3

This Order extends to England and Wales apart from article 3 which extends to England only.

Appointed days for provisions relating to the Commission for Health Improvement2

1

The day appointed for the coming into force of sections 12(4) and 13(2) of the Act is—

a

18th June 2003 for the purpose of making regulations; and

b

11th July 2003 for all other purposes.

2

11th July 2003 is the day appointed for the coming into force of—

a

sections 12(1) to (3) and (5) (further functions of the Commission for Health Improvement), 13(1) (Commission for Health Improvement: inspections and investigations) and 14 (Commission for Health Improvement: constitution) of the Act;

b

paragraph 30 of Schedule 8 to the Act (minor and consequential amendments) and, in so far as they relate to that paragraph, paragraph 28 of that Schedule and section 37(1) of the Act;

c

the entries in Part 1 of Schedule 9 to the Act (repeals) relating to sections 20(1) and 23(6) of, and Schedule 2 to, the 1999 Act and, in so far as it relates to those entries, section 37(2) of the Act.

Appointed day for section 23(1)3

18th June 2003 is the day appointed for the coming into force of section 23(1) of the Act (joint working with the prison service).

Signed by authority of the Secretary of State for Health

WarnerParliamentary Under Secretary of State,Department of Health

(This note is not part of the Order)

This Order is the fifth commencement order made by the Secretary of State under the National Health Service Reform and Health Care Professions Act 2002 (“the Act”). One Order has also been made by the National Assembly for Wales.

Article 2 brings into force sections 12 to 14 of the Act, and minor and consequential amendments and repeals, which are concerned with the Commission for Health Improvement. Sections 12(4) and 13(2)—which amend powers to make regulations in sections 20 and 23 of the Health Act 1999—are brought into force on 18th June 2003 for the purpose of making regulations. Otherwise, the provisions are brought into force on 11th July 2003.

Article 3 brings into force on 18th June 2003 section 23(1) of the Act which imposes a duty of co-operation on NHS bodies and the prison service.

(This note is not part of the Order)

Provision

Date of Commencement

S.I.No.

Section 1 (partially)

2nd September 2002

2002/2202

(remainder)

1st October 2002

2002/2478

Section 2 (partially)

2nd September 2002

2002/2202

(remainder)

1st October 2002

2002/2478

Section 3(1) (partially)

2nd September 2002

2002/2202

(partially)

1st October 2002

2002/2478

Section 3(2)

2nd September 2002

2002/2202

Section 3(3) (partially)

2nd September 2002

2002/2202

(remainder)

1st October 2002

2002/2478

Section 3(4)

1st October 2002

2002/2478

Section 3(5)(a) and (b)

2nd September 2002

2002/2202

Sections 4 and 5

1st October 2002

2002/2478

Section 6

10th October 2002

2002/2532

Sections 7 and 8

1st October 2002

2002/2478

Section 9

10th October 2002

2002/2532

Section 10 as to England

1st October 2002

2002/2478

as to Wales

10th October 2002

2002/2532

Section 20 as to England

1st January 2003

2002/3190

Section 21 as to England

1st January 2003

2002/3190

Section 23 as to Wales

10th October 2002

2002/2532

Section 24

10th October 2002

2002/2532

Section 25 (partially)

27th August 2002

2002/2202

Section 25 (partially)

1st December 2002

2002/2202

Section 25 (remainder)

1st April 2003

2002/2202

Section 26

1st April 2003

2002/2202

Section 27

1st April 2003

2002/2202

Section 29

1st April 2003

2002/2202

Sections 30 to 34

1st April 2003

2003/833

Section 35

1st October 2002

2002/2478

Schedule 1, paragraphs 1 (partially), 3, 4, 6, 7 and 19

2nd September 2002

2002/2202

Schedule 1 (remainder)

1st October 2002

2002/2478

Schedule 2, paragraphs 31 and 32

2nd September 2002

2002/2202

Schedule 2, remainder apart from paragraphs 16(6) and 17(4) and (5) and paragraph 1 in so far as it relates to those paragraphs

1st October 2002

2002/2478

Schedule 2, paragraph 16(6) and paragraph 1 in so far as it relates to that paragraph

1st April 2003

2003/833

Schedule 3

1st October 2002

2002/2478

Schedule 4

10th October 2002

2002/2532

Schedule 5

10th October 2002

2002/2532

Schedule 6 as to England

1st January 2003

2002/3190

Schedule 7, paragraphs 4–6, 22 and 23

27th August 2002

2002/2202

Schedule 7, paragraphs 1–3, 7–15, 16(1) and (2), 17–21 and 24

1st December 2002

2002/2202

Schedule 7 (remainder)

1st April 2003

2002/2202

Schedule 8 (and section 37(1) in so far as it relates to the paragraphs specified below)

Paragraphs 1 (partially), 4 to 7, 12, 18, 20, 21, 22 (partially), 23 to 27, 28 (partially), 29 and 31 to 37

1st October 2002

2002/2478

Paragraphs 1 (partially), 3, 8, 9 and 22 (remainder) as to England

1st October 2002

2002/2478

Paragraphs 1 (partially), 2, 3, 8, 9 and 22 (remainder) as to Wales

10th October 2002

2002/2532

Paragraphs 1 (partially) and 2 as to England

1st January 2003

2002/3190

Paragraphs 13 to 17

1st April 2003

2003/833

Schedule 9 (and section 37(2) in so far as it relates to the items commenced in the orders specified below)

(partially)

1st October 2002

2002/2478

(partially as to England)

1st October 2002

2002/2478

(partially as to Wales)

10th October 2002

2002/2532

(partially)

1st January 2003

2002/3190

(partially)

1st April 2003

2003/833