The Health and Social Care Act 2012 (Commencement No. 9) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force sections 224 and 225 of the Health and Social Care Act 2012 (c.7) (“the Act”). It is the ninth such Order to be made under the Act.

Article 2 brings into force the following provisions of sections 224 and 225 of the Act—

(a) Section 224(1), which inserts a new section 25A into the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”) to require the Privy Council to impose on the regulatory bodies overseen by the Professional Standards Authority for Health and Social Care (“the Authority”) such periodic fees as the Privy Council determines in accordance with that section;

(b) Section 224(2), which amends the definition of “group of sections” in section 25(5) of the 2002 Act to reflect the insertion of the new section 25A;

(c) Section 224(3), which inserts new provisions into section 38 of the 2002 Act subjecting regulations made by the Privy Council under section 25A to parliamentary control under the negative resolution procedure in the Westminster Parliament and, where they contain matters which fall within the legislative competence of the Scottish Parliament, the Scottish Parliament;

(d) Section 224(4), which amends paragraph 14 of Schedule 7 to the 2002 Act, enabling the Authority to borrow money in connection with its functions;

(e) Section 225(1), which inserts a new section 25B into the 2002 Act, giving the Authority the power to provide advice or auditing services to regulatory bodies and requiring payment by them of such fee as the Authority may determine;

(f) Section 225(2), which confers on the Privy Council the power vested in the Secretary of State under section 28(1) of the 2002 Act to make regulations about investigations by the Authority of complaints made to it; and

(g) Section 225(3), which modifies section 38(2) of the 2002 Act with the effect that any regulations made under section 28 of the 2002 Act may be subject to annulment by way of a resolution of either House of Parliament.

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.