2003 No. 53 (C. 3)
NATIONAL HEALTH SERVICE, ENGLAND

The Health and Social Care Act 2001 (Commencement No. 11) (England) Order 2002

Made
The Secretary of State for Health, in exercise of the powers conferred upon him by sections 64(6) and 70(2) of the Health and Social Care Act 20011, hereby makes the following Order:

Citation, interpretation and application1.

(1)

This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 11) (England) Order 2002.

(2)

In this Order “the Act” means the Health and Social Care Act 2001.

(3)

This Order applies to England only.

Appointed day for provisions relating to local pharmaceutical services2.

1st January 2003 is the day appointed for the coming into force of—

(a)

paragraphs 1, 4, 5(17), 7, 92, 11(2)(a) and 14 of Schedule 5 to the Act;

(b)

section 67(1) of the Act, in so far as it relates to those paragraphs; and

(c)

paragraphs 5(1) and 11(1) of Schedule 5 to the Act, in so far as they relate to paragraphs 5(17) and 11(2)(a) respectively of that Schedule.

Appointed day for provisions relating to local authority scrutiny of health service provision and public involvement and consultation3.

1st January 2003 is the day appointed for the coming into force of—

(a)

sections 7 to 113 of the Act;

(b)

Schedule 14 to the Act; and

(c)

paragraph 13 of Schedule 5 to the Act, and section 67(1) of the Act in so far as it relates to that paragraph.

Appointed day for provisions relating to pharmaceutical services4.

1st February 2003 is the day appointed for the coming into force of—

(a)

subsection (6) of section 205 of the Act, and subsection (1) of that section in so far as it relates to subsection (6);

(b)

section 25 of the Act, in so far as that section is not already in force6;

(c)

section 67(2) of the Act, in so far as it relates to the entry in Schedule 6 to the Act repealing the “and” at the end of section 42(3)(d) of the National Health Service Act 19777; and

(d)

sub-paragraph (14) of paragraph 5 of Schedule 5 to the Act, in so far as that sub-paragraph is not already in force8, and section 67(1) of, and paragraph 5(1) of Schedule 5 to, the Act, in so far as they relate to that sub-paragraph.

Signed by authority of the Secretary of State for Health

David Lammy
Parliamentary Under Secretary of State for Health
Department of Health
(This note is not part of the Order)

This Order is the 11th Commencement Order made under the Health and Social Care Act 2001 (“the Act”), and applies to England only.

Article 2 brings into force, on 1st January 2003, certain provisions in connection with the introduction of pilot schemes for the provision of local pharmaceutical services under section 28 of the Act.

Article 3 brings into force, on 1st January 2003, sections 7 to 11 of the Act (overview and scrutiny committees, and public involvement and consultation), Schedule 1 to the Act (exempt information relating to health services), and paragraph 13 of Schedule 5 to the Act, which relates to the power to make regulations in respect of review and scrutiny committees.

Article 4 brings into force, on 1st February 2003, section 20(6) of the Act, which amends section 42 of the National Health Service Act 1977 concerning the provision of pharmaceutical services under Part II of that Act. It also brings fully into force section 25 of the Act, which had not hitherto been brought into force in relation to the provision of pharmaceutical services. Finally it brings into force as respects pharmaceutical services paragraph 5(14) of Schedule 5 to the Act.

(This note is not part of the Order)

The provisions of the Health and Social Care Act 2001 listed in the table below have been brought into force in England by Commencement Orders made before the date of this Order. Certain provisions of Commencement Orders S.I. 2001/3752, 2002/1095, 1170 and 1312 have effect in Northern Ireland, Scotland and Wales. The following Commencement Orders have been made in relation to Wales: S.I. 2001/3807, 2002/1475 and 1919.

Provision

Date of Commencement

S.I.No.

Section 1 (partially)

22nd October 2001

2001/3619

Section 2 (partially)

30th September 2002

2002/2363

Section 3

1st August 2001

2001/2804

Section 4

1st August 2001

2001/2804

Section 5

12th September 2002

2002/2363

Section 6

1st October 2001

2001/3294

Section 13

1st August 2001

2001/2804

Section 14

1st April 2002

2002/1095

Section 15 (partially)

8th March 2002

2002/1095

Section 15

1st April 2002

2002/1095

Section 16

Day referred to in article 2(4) and (5) of 2001/3738

2001/3738

Section 17

14th December 2001

2001/3738

Section 18

12th September 2002

2002/2363

Section 19

1st April 2002

2002/1095

Section 20(1) to (5) (partially)

22nd November 2001

2001/3738

Section 20(1) to (5)

14th December 2001

2001/3738

Section 21

22nd November 2001

2001/3738

Section 22

22nd November 2001

2001/3738

Section 24

22nd November 2001

2001/3738

Section 25 (partially)

22nd November 2001

2001/3738

Section 25 (partially)

14th December 2001

2001/3738

Section 26(2)

31st May 2002

2002/1095

Section 27 (partially)

1st October 2001

2001/3294

Section 27 (partially)

1st December 2001

2001/3294

Section 28

8th March 2002

2002/1095

Section 29 and Schedule 2

8th March 2002

2002/1095

Section 30

8th March 2002

2002/1095

Section 31

8th March 2002

2002/1095

Section 32

8th March 2002

2002/1095

Section 33

8th March 2002

2002/1095

Section 34

8th March 2002

2002/1095

Section 35

8th March 2002

2002/1095

Section 36

8th March 2002

2002/1095

Section 37

8th March 2002

2002/1095

Section 38

8th March 2002

2002/1095

Section 39

8th March 2002

2002/1095

Section 41

8th March 2002

2002/1095

Section 42 (partially)

8th March 2002

2002/1095

Section 42

1st April 2002

2002/1095

Section 43

1st April 2002

2002/1095

Section 45

19th December 2001

2001/4149

Section 46

1st August 2001

2001/2804

Section 47 (partially)

1st August 2001

2001/2804

Section 47(5), (6)

19th December 2001

2001/4149

Section 48, Schedule 4

1st August 2001

2001/2804

Section 49 (partially)

1st October 2001

2001/3294

Section 50(1)

8th April 2002

2001/3752

Section 50(2) to (7), (8), (10)

20th December 2001

2001/3752

Section 51

8th November 2001

2001/3752

Section 52

8th November 2001

2001/3752

Section 53

1st October 2001

2001/3167

Section 54

1st October 2001

2001/3167

Section 55 (partially)

1st October 2001

2001/3167

Section 62

15th April 2002

2002/1312

Section 63 (partially)

6th March 2002

2002/1095

Section 63

1st April 2002

2002/1095

Section 67(1) (partially), Schedule 5, paragraphs 3, 5(10)(b), 13(a), (b), (d) (partially), and 10 (partially)

1st October 2001

2001/3294

Section 67(1) (partially), Schedule 5, paragraphs 5 (partially), and 15 (partially)

22nd October 2001

2001/3619

Section 67(1), Schedule 5, paragraphs 3, 5(10)(b), 13(a), (b), (d) and 10 (partially)

1st December 2001

2001/3294

Section 67(1) (partially), Schedule 5, paragraph 5(4) and (14) (partially)

22nd November 2001

2001/3738

Section 67(1)(partially), Schedule 5, paragraphs 5(4) and (14) (partially) and 12(1) and (2)

14th December 2001

2001/3738

Section 67(1)(partially), Schedule 5, paragraphs 2, 5(2), (5), (6), (7)(a) and (b), 7(c), (9), (10)(a) and 11(3)

1st April 2002

2002/1095

Section 67(1) (partially), Schedule 5, paragraphs 5(8) and (16)

Day referred to in article 2(4) and (5) of S.I. 2001/3738

2001/3738

Section 67(2) (partially), Schedule 6 (partially)

14th December 2001

2001/3738

Section 67(2) (partially), Schedule 6 (partially)

14th December 2001

2001/3738

Section 67(2) (partially) Schedule 6 (partially)

15th April 2002

2002/1312