http://www.legislation.gov.uk/uksi/2014/39/madeThe Health and Social Care Act 2012 (Commencement No. 7 and Transitory Provision) Order 2014enKing's Printer of Acts of Parliament2015-07-03NATIONAL HEALTH SERVICE, ENGLANDThis Order brings into force provisions of the Health and Social Care Act 2012 (c. 7) (“the Act”). It is the seventh such Order to be made under the Act.Statutory Instruments2014 No. 39 (C. 2)National Health Service, EnglandThe Health and Social Care Act 2012 (Commencement No. 7 and Transitory Provision) Order 2014Made9th January 2014

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 304(10) and 306 of the Health and Social Care Act 2012

2012 c. 7.

.

Citation and interpretation1.(1)

This Order may be cited as the Health and Social Care Act 2012 (Commencement No. 7 and Transitory Provision) Order 2014.

(2)

In this Order, “the Act” means the Health and Social Care Act 2012.

Commencement of provisions2.(1)

Insofar as they are not already in force

See section 306(1) of the Health and Social Care Act 2012 (c. 7) (“the Act”) for the provisions which came into force on the day the Act was passed, and S.I. 2012/1319 (C. 47), 2012/1831 (C. 71), 2012/2657 (C. 107), 2013/160 (C. 9), 2013/671 (C. 28) and 2013/2896 (C.117) for provisions of the Act which came into force by Order on earlier dates.

, the following provisions of the Act are to come into force in accordance with this Order.

(2)

1st March 2014 is the day appointed for the coming into force of—

section 124 (local modifications of prices agreements);

section 125 (local modifications of prices: applications); and

section 126 (applications under section 125: notification of commissioners).

(3)

1st April 2014 is the day appointed for the coming into force of—

section 81(requirement for health service providers to be licensed);

section 83 (exemption regulations);

section 84 (exemption regulations: supplementary);

section 87 (grant or refusal of licence);

section 90 (right to make representations);

section 91 (notice of decisions);

section 92 (appeals to the Tribunal);

section 96 (limits on Monitor’s functions to set or modify licence conditions);

section 104(2)(c) and (d) (power to require documents and information), and (4)(b) insofar as it relates to Monitor’s functions under section 144(6) of the Act in respect of a review published pursuant to section 144(3)(b);

section 105 (discretionary requirements);

section 106 (enforcement undertakings);

section 115 (price payable by commissioners for NHS services);

section 117(4) and (5) (the national tariff: further provision);

section 118 (consultation on proposals for the national tariff);

section 119 (consultation: further provision);

section 120 (responses to consultation);

section 121 (determination on reference under section 120);

section 122 (changes following determination on reference under section 120);

section 123 (power to veto changes proposed under section 122);

section 288 (Monitor: duty to co-operate with Care Quality Commission);

section 289 (Care Quality Commission: duty to co-operate with Monitor); and

Schedule 12 (procedure on references under section 120).

Transitory modification in respect of the commencement of sections 124 (local modifications of prices: agreements) and 125 (local modifications of prices: applications) of the Act3.

Until section 115 of the Act comes into force on 1st April 2014—

(a)

section 124(2) of the Act is to be read as if for the words “be earlier” to the end of that subsection, there is substituted “not be earlier than the date section 115(1) comes into force.”; and

(b)

section 125(5) of the Act is to be read as if for the words “be earlier” to the end of that subsection, there is substituted “not be earlier than the date section 115(1) comes into force.”.

Signed by authority of the Secretary of State for Health.

Daniel PoulterParliamentary Under-Secretary of StateDepartment of Health9th January 2014EXPLANATORY NOTE(This note is not part of the Order)

This Order brings into force provisions of the Health and Social Care Act 2012 (c. 7) (“the Act”). It is the seventh such Order to be made under the Act.

Article 2(2) brings into force sections 124, 125 and 126 of the Act on 1st March 2014, which together concern Monitor’s powers where an agreement or where no agreement can be reached to a modification of prices payable in accordance with the national tariff.

Article 2(3) also brings into force the following provisions of the Act on 1st April 2014—

(a)

the remainder of sections 81 and 87 and the whole of sections 83 and 84 which relate to Monitor’s regulatory functions in relation to the licensing of health service providers;

(b)

the remainder of sections 90, 91 and 92 which relate to representations, notice and appeals in respect of Monitor refusing or revoking a licence;

(c)

section 96 (remainder) which relates to Monitor’s powers to set or modify licence conditions;

(d)

section 104(2)(c) and (d), and (4)(b) (partially) which concern Monitor’s power to require documents from particular persons in the exercise of its regulatory functions;

(e)

sections 105 (remainder) and 106 (remainder) which relate to Monitor’s powers of enforcement of the licensing regime for providers of health care services for the purposes of the NHS;

(f)

section 115 which relates to how prices are to be determined for the provision of health care services for the purposes of the NHS;

(g)

sections 117(4) and (5), 118 (remainder) and 119 (remainder) which relate to Monitor’s functions in relation to pricing in the national health service;

(h)

sections 120 (remainder), 121(remainder), 122 (remainder) and 123 (remainder) and Schedule 12 (remainder) which relate to Monitor’s functions in relation to the pricing of health care services for the purposes of the NHS; and

(i)

sections 288 (remainder) and 289 (remainder) which make provision in relation to Monitor’s and the Care Quality Commission’s duties to co-operate.

Article 3 makes transitory modifications to sections 124 and 125 of the Act from 1st March 2014 to the time when section 115 comes into force, which is on 1st April 2014, as local modifications of prices cannot take effect until the national tariff which sets out the determined price payable for health care services is in force.

A full impact assessment has not been produced for this instrument as this Order itself has no impact on the private sector or civil society organisations. A full Impact Assessment has been produced in relation to the provisions of the Act, including provisions that are commenced by this Order, and a copy is available at https://www.gov.uk/government/publications/health-and-social-care-bill-2011-combined-impact-assessments.

NOTE AS TO EARLIER COMMENCEMENT ORDERS(This note is not part of the Order)

The following provisions of the Health and Social Care Act 2012 have been brought into force by commencement orders made before the date of this Order:

Provision

Date of Commencement

S.I. No.

Section 1 (partially)

1st October 2012

S.I. 2012/1831

Section 1 (remainder)

1st April 2013

S.I. 2013/160

Sections 2 to 7

1st April 2013

S.I. 2013/160

Section 8

1st June 2012

S.I. 2012/1319

Section 9 (partially)

1st October 2012

S.I. 2012/1831

1st February 2013

S.I. 2012/2657

Section 9 (remainder)

1st April 2013

S.I. 2013/160

Section 10 (partially)

1st October 2012

S.I. 2012/1831

1st February 2013

S.I. 2012/2657

Section 10 (remainder)

1st April 2013

S.I. 2013/160

Sections 11 and 12

1st April 2013

S.I. 2013/160

Section 13 (partially)

1st February 2013

S.I. 2012/2657

Section 13 (remainder)

1st April 2013

S.I. 2013/160

Section 14 (partially)

1st February 2013

S.I. 2012/2657

Section 14 (remainder)

1st April 2013

S.I. 2013/160

Section 15

1st February 2013

S.I. 2012/2657

Section 16

1st April 2013

S.I. 2013/160

Section 17 (partially)

1st October 2012

S.I. 2012/1831

1st February 2013

S.I. 2012/2657

Section 17 (remainder)

1st April 2013

S.I. 2013/160

Sections 18 and 19

1st April 2013

S.I. 2013/160

Section 20

1st February 2013

S.I. 2012/2657

Section 21

1st October 2012

S.I. 2012/1831

Section 22 (partially)

1st October 2012

S.I. 2012/1831

Section 22 (remainder)

1st April 2013

S.I. 2013/160

Section 23 (partially)

1st October 2012

S.I. 2012/1831

1st February 2013

S.I. 2012/2657

Section 23 (remainder)

1st April 2013

S.I. 2013/160

Section 24 (partially)

1st October 2012

S.I. 2012/1831

Section 24 (remainder)

1st April 2013

S.I. 2013/160

Section 25 (partially)

1st October 2012

S.I. 2012/1831

Section 25 (remainder)

1st April 2013

S.I. 2013/160

Section 26 (partially)

1st October 2012

S.I. 2012/1831

1st February 2013

S.I. 2012/2657

Section 26 (remainder)

1st April 2013

S.I. 2013/160

Section 27 (partially)

1st October 2012

S.I. 2012/1831

Section 27 (remainder)

1st April 2013

S.I. 2013/160

Section 28

1st April 2013

S.I. 2013/160

Section 29 to 34

1st April 2013

S.I. 2013/160

Section 35 (partially), in relation to England only

1st April 2013

S.I. 2013/160

Section 36 in relation to England only

1st April 2013

S.I. 2013/160

Section 37 in relation to England only

1st April 2013

S.I. 2013/160

Section 38

1st April 2013

S.I. 2013/160

Section 39

1st July 2012

S.I. 2012/1319

Section 40 (partially)

1st February 2013

S.I. 2012/2657

Section 40 (remainder)

1st April 2013

S.I. 2013/160

Section 41

1st April 2013

S.I. 2013/160

Section 42

1st July 2012

S.I. 2012/1319

Section 43

1st April 2013

S.I. 2013/160

Section 44

1st July 2012

S.I. 2012/1319

Sections 45 to 54

1st April 2013

S.I. 2013/160

Section 55 (partially)

1st July 2012

S.I. 2012/1319

1st October 2012

S.I. 2012/1831

1st February 2013

S.I. 2012/2657

1st April 2013

S.I. 2013/160

Section 56 to 58

1st April 2013

S.I. 2013/160

Section 59

1st July 2012

S.I. 2012/1319

Section 60

1st April 2013

S.I. 2013/160

Section 61(partially)

1st July 2012

S.I. 2012/1319

Section 61 (remainder)

1st November 2012

S.I. 2012/2657

Section 62 (partially)

1st November 2012

S.I. 2012/2657

Section 62 (remainder)

1st April 2013

S.I. 2013/160

Section 63

1st November 2012

S.I. 2012/2657

Section 64 (partially)

1st June 2012

S.I. 2012/1319

1st July 2012

S.I. 2012/1319

Section 64 (remainder)

1st November 2012

S.I. 2012/2657

Section 66 (partially)

1st November 2012

S.I. 2012/2657

Section 66 (remainder)

1st April 2013

S.I. 2013/671

Section 67 (partially)

1st November 2012

S.I. 2012/2657

Section 67 (remainder)

1st April 2013

S.I. 2013/671

Section 68 (partially)

1st November 2012

S.I. 2012/2657

Section 68 (remainder)

1st April 2013

S.I. 2013/671

Section 69

1st April 2013

S.I. 2013/671

Section 70

1st November 2012

S.I. 2012/2657

Section 71

1st November 2012

S.I. 2012/2657

Sections 72 and 73

1st April 2013

S.I. 2013/160

Section 74 (partially)

1st April 2013

S.I. 2013/160

Section 74 (remainder)

1st April 2013

S.I. 2013/671

Sections 75 to 77

1st April 2013

S.I. 2013/160

Section 78

1st February 2013

S.I. 2012/2657

Section 79

1st July 2012

S.I. 2012/1319

Section 80

1st April 2013

S.I. 2013/160

Section 81 (partially)

1st April 2013

S.I. 2013/671

Section 82

1st April 2013

S.I. 2013/671

Sections 85 to 87 (partially)

1st April 2013

S.I. 2013/671

Section 85 (remainder)

1st January 2014

S.I. 2013/2896

Section 86 (remainder)

1st January 2014

S.I. 2013/2896

Sections 88 and 89

1st April 2013

S.I. 2013/671

Sections 90 to 92 (partially)

1st April 2013

S.I. 2013/671

Section 93

1st April 2013

S.I. 2013/671

Section 94 (partially)

1st November 2012

S.I. 2012/2657

Section 94 (remainder)

1st April 2013

S.I. 2013/671

Section 95 (partially)

1st November 2012

S.I. 2012/2657

1st April 2013

S.I. 2013/671

Section 95 (remainder)

1st July 2013

S.I. 2013/671

Section 96 (partially)

1st November 2012

S.I. 2012/2657

1st July 2013

S.I. 2013/671

Section 97 (partially)

1st November 2012

S.I. 2012/2657

Section 97 (remainder)

1st April 2013

S.I. 2013/671

Section 98 (partially)

1st November 2012

S.I. 2012/2657

Section 98 (remainder)

1st April 2013

S.I. 2013/671

Section 99

1st April 2013

S.I. 2013/671

Section 100

1st July 2013

S.I. 2013/671

Section 101 (partially)

1st November 2012

S.I. 2012/2657

Section 101 (remainder)

1st July 2013

S.I. 2013/671

Section 102

1st April 2013

S.I. 2013/671

Section 103 (partially)

1st November 2012

S.I. 2012/2657

1st April 2013

S.I. 2013/671

Section 103 (remainder)

1st July 2013

S.I. 2013/671

Section 104 (partially)

1st November 2012

S.I. 2012/2657

1st April 2013

S.I. 2013/160

1st April 2013

S.I. 2013/671

1st December 2013

S.I. 2013/2896

Section 105 (partially)

1st April 2013

S.I. 2013/671

1st July 2013

S.I. 2013/671

Section 106 (partially)

1st April 2013

S.I. 2013/671

Section 107 (partially)

1st April 2013

S.I. 2013/671

Section 107 (remainder)

1st July 2013

S.I. 2013/671

Section 108 (partially)

1st November 2012

S.I. 2012/2657

Section 108 (remainder)

1st April 2013

S.I. 2013/671

Sections 109 to 114

1st April 2013

S.I. 2013/671

Section 116 (partially)

1st April 2013

S.I. 2013/160

Section 116 (remainder)

1st December 2013

S.I. 2013/2896

Section 117 (partially)

1st April 2013

S.I. 2013/160

1st December 2013

S.I. 2013/2896

Section 118 (partially)

1st April 2013

S.I. 2013/160

Section 119 (partially)

1st April 2013

S.I. 2013/160

Sections 120 to 123 (partially)

1st September 2013

S.I. 2013/671

Section 127

1st December 2013

S.I. 2013/2896

Section 144 (partially)

1st November 2012

S.I. 2012/2657

Section 147 (partially)

1st October 2012

S.I. 2012/1831

Section 147 (remainder)

1st April 2013

S.I. 2013/160

Section 148 (partially)

1st November 2012

S.I. 2012/2657

Section 148 (remainder)

1st April 2013

S.I. 2013/671

Section 149

1st November 2012

S.I. 2012/2657

Section 150 (partially)

1st July 2012

S.I. 2012/1319

1st November 2012

S.I. 2012/2657

1st April 2013

S.I. 2013/160

Section 151 (partially)

1st October 2012

S.I. 2012/1831

1st April 2013

S.I. 2013/160

Sections 152 and 153

1st April 2013

S.I. 2013/160

Section 154

1st October 2012

S.I. 2012/1831

Section 156 (partially)

1st November 2012

S.I. 2012/2657

1st April 2013

S.I. 2013/671

Section 157

1st April 2013

S.I. 2013/160

Section 158

1st October 2012

S.I. 2012/1831

Section 159 (partially)

1st April 2013

S.I. 2013/671

Section 160

1st July 2012

S.I. 2012/1319

Sections 161 and 162

1st April 2013

S.I. 2013/160

Section 163 (partially)

1st April 2013

S.I. 2013/160

1st April 2013

S.I. 2013/671

Section 164 (partially)

1st October 2012

S.I. 2012/1831

Section 164 (remainder)

1st April 2013

S.I. 2013/671

Section 165

1st October 2012

S.I. 2012/1831

Section 166

1st November 2012

S.I. 2012/2657

Section 167

1st April 2013

S.I. 2013/160

Sections 168 to 172

1st April 2013

S.I. 2013/671

Section 173 (partially)

1st November 2012

S.I. 2012/2657

Section 173 (remainder)

1st April 2013

S.I. 2013/671

Sections 174 to 178

1st November 2012

S.I. 2012/2657

Section 181 (partially)

1st October 2012

S.I. 2012/1831

Section 181 (remainder)

1st April 2013

S.I. 2013/160

Sections 182 to 189

1st April 2013

S.I. 2013/160

Section 190(1) to (8) and (10)

1st April 2013

S.I. 2013/160

Sections 191 to 200

1st April 2013

S.I. 2013/160

Section 201

1st July 2012

S.I. 2012/1319

Sections 202 to 206

1st April 2013

S.I. 2013/160

Section 207 (partially)

1st July 2012

S.I. 2012/1319

Section 207 (remainder)

1st April 2013

S.I. 2013/160

Sections 209 to 211

1st August 2012

S.I. 2012/1319

Section 212 (partially)

1st October 2012

S.I. 2012/1831

Section 212 (remainder)

1st August 2012

S.I. 2012/1319

Sections 213 to 218

1st August 2012

S.I. 2012/1319

Sections 220 and 221

1st August 2012

S.I. 2012/1319

Section 222

1st December 2012

S.I. 2012/2657

Section 223 (partially)

1st August 2012

S.I. 2012/1319

1st October 2012

S.I. 2012/1831

Section 226 (partially)

1st December 2012

S.I. 2012/2657

Section 227

1st July 2012

S.I. 2012/1319

Sections 228 and 229

1st December 2012

S.I. 2012/2657

Section 230 (partially)

1st August 2012

S.I. 2012/1319

Section 230 (remainder)

1st December 2012

S.I. 2012/2657

Section 231

1st July 2012

S.I. 2012/1319

Sections 232 to 277

1st April 2013

S.I. 2013/160

Section 278

1st July 2012

S.I. 2012/1319

Section 279

31st October 2012

S.I. 2012/1831

Section 280

1st April 2013

S.I. 2013/160

Section 281

1st October 2012

S.I. 2012/1831

Section 282

1st April 2013

S.I. 2013/160

Section 283

1st July 2012

S.I. 2012/1319

Sections 284 to 287

1st April 2013

S.I. 2013/160

Section 288 (partially)

1st July 2012

S.I. 2012/1319

1st April 2013

S.I. 2013/160

Section 289 (partially)

1st July 2012

S.I. 2012/1319

1st April 2013

S.I. 2013/671

Section 290 (partially)

1st October 2012

S.I. 2012/1831

Section 290 (remainder)

1st April 2013

S.I. 2013/160

Section 291

1st October 2012

S.I. 2012/1831

Sections 292 and 293

1st April 2013

S.I. 2013/160

Section 294

1st October 2012

S.I. 2012/1831

Sections 295 and 296 (partially)

1st October 2012

S.I. 2012/1831

Sections 295 and 296 (remainder)

1st April 2013

S.I. 2013/160

Section 297 (partially)

1st February 2013

S.I. 2012/2657

1st April 2013

S.I. 2013/160

Section 298

1st October 2012

S.I. 2012/1831

Section 299

1st June 2012

S.I. 2012/1319

Sections 300 to 302 (partially)

1st July 2012

S.I. 2012/1319

1st October 2012

S.I. 2012/1831

Sections 300 to 302 (remainder)

1st April 2013

S.I. 2013/160

Schedule 1 (partially)

1st October 2012

S.I. 2012/1831

Schedule 1 (remainder)

1st April 2013

S.I. 2013/160

Schedule 2 (partially)

1st October 2012

S.I. 2012/1831

Schedule 2 (remainder)

1st April 2013

S.I. 2013/160

Schedule 3

1st April 2013

S.I. 2013/160

Schedule 4 (partially)

1st July 2012

S.I. 2012/1319

1st October 2012

S.I. 2012/1831

1st February 2013

S.I. 2012/2657

Schedule 4 (remainder)

1st April 2013

S.I. 2013/160

Schedule 5 (partially)

1st October 2012

S.I. 2012/1831

1st April 2013

S.I. 2013/160

Schedule 6 (partially)

1st July 2012

S.I. 2012/1319

Schedule 6 (remainder)

1st October 2012

S.I. 2012/1831

Schedule 7

1st April 2013

S.I. 2013/160

Schedule 8

1st November 2012

S.I. 2012/2657

Schedule 9

1st April 2013

S.I. 2013/160

Schedule 10

1st November 2012

S.I. 2012/2657

Schedule 11 (partially)

1st April 2013

S.I. 2013/671

Schedule 11 (remainder)

1st July 2013

S.I. 2013/671

Schedule 12 (partially)

1st September 2013

S.I. 2013/671

Schedule 13 (partially)

1st July 2012

S.I. 2012/1319

1st November 2012

S.I. 2012/2657

1st April 2013

S.I. 2013/160

Schedule 15 (partially)

1st July 2012

S.I. 2012/1319

1st August 2012

S.I. 2012/1319

Schedule 15 (remainder)

1st December 2012

S.I. 2012/2657

Schedules 16, 17, 18 and 19

1st April 2013

S.I. 2013/160

Schedule 20, Part 1

1st July 2012

S.I. 2012/1319

Schedule 20, Part 2

31st October 2012

S.I. 2012/1831

Schedule 20, Part 3

1st April 2013

S.I. 2013/160

Schedule 21 (partially)

1st February 2013

S.I. 2012/2657

1st April 2013

S.I. 2013/160

Schedules 22 and 23 (partially)

1st July 2012

S.I. 2012/1319

1st October 2012

S.I. 2012/1831

Schedules 22 and 23 (remainder)

1st April 2013

S.I. 2013/160