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Statutory Instruments
National Health Service, England And Wales
Made
12th February 2013
Laid before Parliament
19th February 2013
Coming into force
1st April 2013
The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 28(1), (2) and (4), 272(7) and (8) and 273(1) of the National Health Service Act 2006(1), and section 4 of, and paragraph 8 of Schedule 2 to, the National Health Service (Consequential Provisions) Act 2006(2).
In accordance with section 28(7) of that Act, the Secretary of State has consulted such bodies as the Secretary of State recognises as representing officers who in the Secretary of State’s opinion are likely to be transferred or affected by transfers in pursuance of this Order.
2006 c.41. Section 28 was amended by section 55(1) of, and paragraph 13 of Schedule 4 to, the Health and Social Care Act 2012 (c.7), with effect from 1st October 2012 (see S.I. 2012/1831).
2006 c. 43. The powers of the Secretary of State under the provisions of the National Health Service Act 2006 under which this Order is made are exercisable only in relation to England by virtue of section 271(1) of that Act. However paragraph 8 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006 specifically saves the effect of article 2 of the National Assembly of Wales (Transfer of Functions) Order 1999, so that for a function relating to a cross border Special Health Authority which cannot be exercised specifically for Wales, the Secretary of State or Welsh Ministers can exercise the function concurrently.
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