Statutory Instruments
Mental Health, England
National Health Service, England
Made
3rd December 2012
Laid before Parliament
5th December 2012
Coming into force in accordance with regulation 1
The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by section 117(2E) and (2G) of the Mental Health Act 1983(1), sections 3(1B), 3A(3), 3B(1), 6E, 223E(3), 223J(3) and 272(7) and (8) of the National Health Service Act 2006(2) and section 75 of the Health and Social Care Act 2012(3).
Before deciding to make regulations under section 3B of the National Health Service Act 2006, the Secretary of State obtained appropriate advice and consulted the NHS Commissioning Board Authority in accordance with subsection (4) of that section(4).
1983 c.20. Subsections (2D) to (2G) were inserted by section 40(3) of the Health and Social Care Act 2012 (c. 7) (“the 2012 Act”).
2006 c. 41. Subsections (1A) to (1E) of section 3 of the National Health Service Act 2006 (“the 2006 Act”) were inserted by section 13(3) of the 2012 Act. Section 3A was inserted by section 14 of the 2012 Act, section 3B was inserted by section 15 of that Act, section 6E was inserted by section 20 of that Act and sections 223E and 223J were inserted by sections 24 and 27 respectively of that Act. By virtue of section 271(1) of the 2006 Act, the powers exercised in making these Regulations are exercisable by the Secretary of State only in relation to England. See section 275(1) of the 2006 Act for the definitions of “prescribed” and “regulations”.
See paragraph 2(1) of Schedule 6 to the 2012 Act which enables the requirement in section 3B(4) of the 2006 Act (as inserted by section 15 of the 2012 Act) for the Secretary of State to consult the National Health Service Commissioning Board (“the Board”) to be fulfilled if, before the commencement of section 9 of the 2012 Act, the Secretary of State consults a Special Health Authority. Before making these Regulations and the commencement of section 9 on 1st October 2012 (see S.I. 2012/1831), the Secretary of State consulted the NHS Commissioning Board Authority (“the Authority”), a Special Health Authority established under section 28 of the 2006 Act for the purpose of preparing for the establishment and operation of the Board. The Authority was established by the NHS Commissioning Board Authority (Establishment and Constitution) Order 2011 (S.I. 2011/2237) and is abolished by virtue of provision in Part 2 of the NHS Commissioning Board Authority (Abolition and Transfer of Staff, Property and Liabilities) and the Health and Social Care Act 2012 (Consequential Amendments) Order 2012 (S.I. 2012/1641).