The Health and Social Care Act 2012 (Commencement No.3, Transitional, Savings and Transitory Provisions and Amendment) Order 2012 No. 2657 (C. 107)

Amendment of article 10 of the Second Commencement Order

15.  In article 10 of the Second Commencement Order (saving provision and transitory modification in relation to the commencement of paragraph 1 of Schedule 4 to the Act)—

(a) in paragraph (2), at the beginning insert “Subject to paragraph (2A)”;

(b) in paragraph (2)(b), at the end insert—

“except insofar as—

(i) that contract is entered into on or after 1st February 2013, and

(ii) under that contract, the services are to be provided as part of the health service on or after 1st April 2013.”;

(c) at the end insert—

“(2A) From 1st February 2013 until the commencement of section 34 of the Act, the power of a clinical commissioning group under section 2 of the 2006 Act includes the power to enter into a commissioning contract under which services are to be provided as part of the health service on or after 1st April 2013.”.