2004 No. 1859 (C.77)

HEALTH CARE AND ASSOCIATED PROFESSIONS

The Health Act 1999 (Commencement No.15) Order 2004

Made

The Secretary of State for Health, in exercise of the powers conferred on him by section 67(1) and (2) of the Health Act 19991, and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, interpretation and application1

1

This Order may be cited as the Health Act 1999 (Commencement No.15) Order 2004.

2

In this Order, “the Act” means the Health Act 1999.

3

Articles 4, 5(b) and 6 of this Order apply to England only.

Appointed day

2

1st August 2004 is the day appointed for the coming into force of the provisions mentioned in articles 3 to 6.

3

Section 60(3) of the Act (regulation of health care and associated professions) in so far as it is not already in force.

4

Paragraph 8 of Schedule 4 to the Act (amendments of enactments) in so far as it is not already in force and, in so far as they relate to that paragraph, paragraph 4 of that Schedule and section 65(1) of the Act (amendments and repeals).

5

In Schedule 5 to the Act (repeals)—

a

the entries relating to the Professions Supplementary to Medicine Act 1960 and the Nurses, Midwives and Health Visitors Act 1997 in so far as they are not already in force;

b

the entry relating to section 15(1B) to (1D) of the National Health Service Act 19772.

6

In so far as it relates to the entries specified in article 5, section 65(2) of the Act.

Signed by authority of the Secretary of State for Health

John HuttonMinister of State,Department of Health

(This note is not part of the Order)

This Order brings into force on 1st August 2004:

section 60(3) of the Health Act 1999 in so far as it has not already been brought into force and, in relation to that, section 65(2) and the entries in Schedule 5 to the Act for the Professions Supplementary to Medicine Act 1960 and the Nurses, Midwives and Health Visitors Act 1997. The effect is that the repeal of the Nurses, Midwives and Health Visitors Act 1997 in consequence of the coming into force of the Nursing and Midwifery Order 2001 (S.I.2002/253) is completed. Other provisions in that Act were repealed by virtue of S.I.2001/1985 and S.I.2002/1167. The repeal of the Professions Supplementary to Medicine Act 1960 in consequence of the coming into force of the Health Professions Order 2001 (S.I.2002/254) is also completed. Other provisions in that Act were repealed by virtue of S.I.2001/1985, 2002/1167 and 2003/1689; and

paragraph 8 of Schedule 4 to the Health Act 1999 which repeals the now redundant definition of “relevant Primary Care Trust” in section 15(1B) to (1D) of the National Health Service Act 1977.

(This note is not part of the Order)

The following provisions of the Health Act 1999 have been 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

1.10.99

1999/2540

as to Wales

1.4.00

2000/1026

s. 2 as to England

(partially)

8.9.99

1999/2342

(remainder)

4.1.00

1999/2342

s. 3 as to England

1.4.00

1999/2342

s. 4 as to England

(partially)

1.9.99

1999/2342

(remainder)

1.4.00

1999/2342

s. 5 as to England (partially)

4.1.00

1999/2342

s. 6(1) as to England

4.1.00

1999/2342

s.6(2) as to England

1.4.04

2004/289

s. 7 as to England

4.1.00

1999/2342

s. 8 as to England

1.9.99

1999/2342

s. 9 as to England

1.4.00

1999/2793

as to Wales

1.4.00

2000/1041

s. 11 as to England

1.9.99

1999/2342

as to Wales

1.4.00

2000/1026

s.12 as to England

(partially)

1.9.99

1999/2342

(remainder)

4.1.00

1999/2342

as to Wales (partially)

1.12.99

1999/3184

ss. 13 and 14 as to England

1.10.99

1999/2540

as to Wales

1.11.99

1999/3184

ss. 15 to 17 as to England

1.9.99

1999/2342

as to Wales

1.11.99

1999/3184

s. 18 as to England

(partially)

1.11.99

1999/2793

(remainder)

4.1.00

1999/2793

as to Wales (partially)

1.11.99

1999/3184

s. 19

1.11.99

1999/2793

s. 20 as to England and Wales (partially)

1.11.99

1999/2793

as to England (remainder)

4.1.00

1999/2793

s. 21 as to England

4.1.00

1999/2793

as to Wales

1.4.00

2000/1041

ss. 23 to 25

1.11.99

1999/2793

ss. 26 to 27 as to England

1.4.00

1999/2793

as to Wales (partially)

1.12.00

2000/2991

s.28 as to England

1.4.00

1999/2793

as to Wales (partially)

1.11.99

1999/3184

s. 29 as to England

(partially)

1.11.99

1999/2793

(remainder)

1.4.00

1999/2793

as to Wales (partially)

1.12.00

2000/2991

ss. 30 to 32 as to England

1.4.00

1999/2793

ss. 30 and 31 as to Wales (partially)

1.12.00

2000/2991

s. 32 as to Wales

1.1.01

2000/2991

s. 33(1) to (6) (partially)

1.9.99

1999/2177

s. 34 (partially)

3.8.99

1999/2177

(remainder)

1.11.99

1999/2177

s. 36 (partially)

3.8.99

1999/2177

s. 37 (partially)

3.8.99

1999/2177

s. 37(1) to (9) (remainder)

1.11.99

1999/2177

s. 38 (partially)

3.8.99

1999/2177

(partially)

1.9.99

1999/2177

(partially)

1.11.99

1999/2177

s. 39 as to England

1.11.99

1999/2793

as to Wales

9.2.01

2001/270

s. 41

1.4.00

1999/2793

ss. 42 to 44

1.10.99

1999/2540

s. 60 (partially)

15.3.00

2000/779

(partially)

11.5.01

2001/1985

(partially)

1.4.02

2002/1167

(partially)

9.7.03

2003/1689

s. 62

3.8.99

1999/2177

s. 63

3.8.99

1999/2177

s. 64

3.8.99

1999/2177

Schedule 1

as to England (partially)

8.9.99

1999/2342

as to England (partially)

4.1.00

1999/2342

as to England (remainder)

1.4.00

1999/2342

Schedule 2

as to England and Wales;

1.11.99

1999/2793

paragraphs 15 to 19 as to Scotland

11.5.01

2001/1985

paragraphs 17 to 19 as to Northern Ireland

11.5.01

2001/1985

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

1.9.99

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

1.10.99

1999/2540

paragraphs 4 (partially), 14(1), (3) and (4) (partially), 14(2) and paragraph 36 as to England

1.11.99

1999/2793

paragraphs 74 (partially), 76(a)(ii), 81(1) (partially) and 81(2)(b) as to England and Wales

1.11.99

1999/2793

paragraphs 4 (partially), 37(1) (partially), 37(5) and (6), 79(1) (partially) and 79(2)(a) and (c) as to Wales

1.11.99

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

1.12.99

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

4.1.00

1999/2342

paragraphs 74 (partially), 76(a)(i), 85(1) (partially) and 85(2)(a) as to England and Wales

4.1.00

1999/2342

paragraphs 4 (partially) and 16 as to England

4.1.00

1999/2540

paragraphs 4 (partially), 31 (remainder), 33 and 35 as to England

1.4.00

1999/2342

paragraphs 4 (partially), 14 (remainder) and 72 as to England

1.4.00

1999/2793

paragraphs 73, 74 (partially), 82 and 86 as to England and Wales

1.4.00

1999/2342

paragraphs 4 (partially), 27(b), 38(1) (partially), 38(2)(b) and (d) and 65 to 69 as to England and Wales

1.4.00

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

1.4.00

2000/1026

paragraphs 4 (partially) and 14 (partially) as to Wales

1.12.00

2000/2991

paragraphs 4 (partially), 14 (partially) and 72 as to Wales

1.1.01

2000/2991

paragraphs 73 and 86 (as to Scotland and Northern Ireland)

11.5.01

2001/1985

Schedule 5 (and s. 65(2))—

as to England (partially)

1.10.99

1999/2540

as to England (partially)

1.11.99

1999/2793

as to England and Wales (partially)

1.11.99

1999/2793

as to England and Wales (partially)

1.4.00

1999/2793

as to the United Kingdom (partially)

1.11.99

1999/2793

as to England and Wales (partially)

1.4.00

2000/1041

as to England and Wales (partially)

9.2.01

2001/270

as to the United Kingdom (partially)

11.5.01

2001/1985

as to the United Kingdom (partially)

1.4.02

2002/1167

as to the United Kingdom (partially)

9.7.03

2003/1689