The Health and Social Care Act 2012 (Commencement No. 11 and Saving Provision) Order 2018
In accordance with section 307(1)(g) of that Act, the Secretary of State has consulted the Scottish Ministers.
Citation1.
This Order may be cited as the Health and Social Care Act 2012 (Commencement No. 11 and Saving Provision) Order 2018.
Commencement of provisions2.
(a)
section 223 (functions of the Authority);
(b)
section 226 (accountability and governance).
Saving Provision3.
Notwithstanding the coming into force of section 226 of the Health and Social Care Act 2012 by article 2(b)—
(a)
(b)
determinations made under paragraph 10 of Schedule 7 to the 2002 Act continue to have effect as if made by the Professional Standards Authority for Health and Social Care;
(c)
determinations made under paragraph 15 of Schedule 7 to the 2002 Act continue to have effect as if made by the Privy Council.
Signed by authority of the Secretary of State for Health and Social Care.
This Order brings into force sections 223 and 226 of the Health and Social Care Act 2012 (c. 7) (“the Act”) insofar as they are not already in force. It is the eleventh such Order to be made under the Act.
Article 2 brings into force section 223(7), (8), (11), (12) and (13) and section 226(3), (4), (6), (7), (8) and (9) of the Act. These provisions amend the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”) in connection with the Professional Standards Authority for Health and Social Care (“the Authority”).
Section 223(7) of the Act amends section 27(5) and (13) of the 2002 Act. Section 27(5) is amended to substitute the Privy Council as the “relevant authority” to which any directions that the Authority gives to a regulatory body under section 27(2) of the 2002 Act must be sent (except in the case of the Pharmaceutical Society of Northern Ireland). Section 27(13) provides that the Privy Council must make provision in regulations as to the procedure to be followed in relation to the giving of such directions. Section 223(13) of the Act inserts subsection (3E) to section 38 of the 2002 Act to provide for the Parliamentary procedure for any such regulations. Section 223(8) of the Act amends section 27(7) of the 2002 Act to provide that, where the Privy Council receives such directions given by the Authority under section 27(2) of the 2002 Act, it must lay a draft of an order setting out the directions, and the date on which these are to come into force, before both Houses of Parliament. Section 223(11) and (12) of the Act make consequential amendments to section 38(2) and (3) of the 2002 Act.
Section 226(3) of the Act amends paragraph 6 of Schedule 7 to the 2002 Act to provide that the Privy Council, rather than the Secretary of State, may make regulations in connection with appointments to the Authority. Section 226(9) of the Act inserts subsection (3F) to section 38 of the 2002 Act to provide for the Parliamentary procedure for such regulations.
Section 226(4) of the Act amends paragraph 10 of Schedule 7 to the 2002 Act giving the Authority, rather than the Secretary of State, powers in connection with remuneration, allowances and pension for members and former members of the Authority.
Section 226(6) of the Act amends paragraph 15 of Schedule 7 to the 2002 Act to provide that is the Privy Council which will determine the form in which the Authority must keep and prepare its accounts and the period within which the Authority must send its accounts to the Comptroller and Auditor General.
Section 226(7) of the Act inserts paragraph 16(1B) into Schedule 7 to the 2002 Act. This places a duty on the Authority to publish a strategic plan for the coming financial year by a date determined by the Privy Council and paragraph 16(2) of Schedule 7 is amended by section 226(8) of the Act to provide that the Authority must lay a copy of that strategic plan before Parliament, the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly.
Article 3 makes saving provision to ensure the continued application of Regulations made under the 2002 Act and the continued application of determinations made prior to the amendment of the 2002 Act by the Act.
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. A hard copy of this impact assessment can be obtained from Professional Regulation Branch, Acute Care and Workforce Directorate, Department of Health and Social Care, Quarry House, Quarry Hill, Leeds, LS2 7UE.
Provision | Date of Commencement | S.I.No. |
|---|---|---|
Section 1 (partially) | 1st October 2012 | |
Section 1 (remainder) | 1st April 2013 | |
Sections 2 to 7 | 1st April 2013 | |
Section 8 | 1st June 2012 | |
Section 9 (partially) | 1st October 2012 | |
1st February 2013 | ||
Section 9 (remainder) | 1st April 2013 | |
Section 10 (partially) | 1st October 2012 | |
1st February 2013 | ||
Section 10 (remainder) | 1st April 2013 | |
Sections 11 and 12 | 1st April 2013 | |
Section 13 (partially) | 1st February 2013 | |
Section 13 (remainder) | 1st April 2013 | |
Section 14 (partially) | 1st February 2013 | |
Section 14 (remainder) | 1st April 2013 | |
Section 15 | 1st February 2013 | |
Section 16 | 1st April 2013 | |
Section 17 (partially) | 1st October 2012 | |
1st February 2013 | ||
Section 17 (remainder) | 1st April 2013 | |
Sections 18 and 19 | 1st April 2013 | |
Section 20 | 1st February 2013 | |
Section 21 | 1st October 2012 | |
Section 22 (partially) | 1st October 2012 | |
Section 22 (remainder) | 1st April 2013 | |
Section 23 (partially) | 1st October 2012 | |
1st February 2013 | ||
Section 23 (remainder) | 1st April 2013 | |
Section 24 (partially) | 1st October 2012 | |
Section 24 (remainder) | 1st April 2013 | |
Section 25 (partially) | 1st October 2012 | |
Section 25 (remainder) | 1st April 2013 | |
Section 26 (partially) | 1st October 2012 | |
1st February 2013 | ||
Section 26 (remainder) | 1st April 2013 | |
Section 27 (partially) | 1st October 2012 | |
Section 27 (remainder) | 1st April 2013 | |
Section 28 | 1st April 2013 | |
Sections 29 to 34 | 1st April 2013 | |
Section 35 (partially), in relation to England only | 1st April 2013 | |
Section 36 in relation to England only | 1st April 2013 | |
Section 37 in relation to England only | 1st April 2013 | |
Section 38 | 1st April 2013 | |
Section 39 | 1st July 2012 | |
Section 40 (partially) | 1st February 2013 | |
Section 40 (remainder) | 1st April 2013 | |
Section 41 | 1st April 2013 | |
Section 42 | 1st July 2012 | |
Section 43 | 1st April 2013 | |
Section 44 | 1st July 2012 | |
Section 45 to 54 | 1st April 2013 | |
Section 55 (partially) | 1st July 2012 | |
1st October 2012 | ||
1st February 2013 | ||
1st April 2013 | ||
Sections 56 to 58 | 1st April 2013 | |
Section 59 | 1st July 2012 | |
Section 60 | 1st April 2013 | |
Section 61 (partially) | 1st July 2012 | |
Section 61 (remainder) | 1st November 2012 | |
Section 62 (partially) | 1st November 2012 | |
Section 62 (remainder) | 1st April 2013 | |
Section 63 | 1st November 2012 | |
Section 64 (partially) | 1st June 2012 | |
1st July 2012 | ||
Section 64 (remainder) | 1st November 2012 | |
Section 66 (partially) | 1st November 2012 | |
Section 66 (remainder) | 1st April 2013 | |
Section 67 (partially) | 1st November 2012 | |
Section 67 (remainder) | 1st April 2013 | |
Section 68 (partially) | 1st November 2012 | |
Section 68 (remainder) | 1st April 2013 | |
Section 69 | 1st April 2013 | |
Section 70 | 1st November 2012 | |
Section 71 | 1st November 2012 | |
Sections 72 and 73 | 1st April 2013 | |
Section 74 (partially) | 1st April 2013 | |
Section 74 (remainder) | 1st April 2013 | |
Sections 75 to 77 | 1st April 2013 | |
Section 78 | 1st February 2013 | |
Section 79 | 1st July 2012 | |
Section 80 | 1st April 2013 | |
Section 81 (partially) | 1st April 2013 | |
Section 81 (remainder) | 1st April 2014 | |
Section 82 | 1st April 2013 | |
Sections 83 and 84 | 1st April 2014 | |
Sections 85 to 87 (partially) | 1st April 2013 | |
Section 85 (remainder) | 1st January 2014 | |
Section 86 (remainder) | 1st January 2014 | |
Section 87 (remainder) | 1st April 2014 | |
Sections 88 and 89 | 1st April 2013 | |
Sections 90 to 92 (partially) | 1st April 2013 | |
Sections 90 to 92 (remainder) | 1st April 2014 | |
Section 93 | 1st April 2013 | |
Section 94 (partially) | 1st November 2012 | |
Section 94 (remainder) | 1st April 2013 | |
Section 95 (partially) | 1st November 2012 | |
1st April 2013 | ||
Section 95 (remainder) | 1st July 2013 | |
Section 96 (partially) | 1st November 2012 | |
1st July 2013 | ||
Section 96 (remainder) | 1st April 2014 | |
Section 97 (partially) | 1st November 2012 | |
Section 97 (remainder) | 1st April 2013 | |
Section 98 (partially) | 1st November 2012 | |
Section 98 (remainder) | 1st April 2013 | |
Section 99 | 1st April 2013 | |
Section 100 | 1st July 2013 | |
Section 101 (partially) | 1st November 2012 | |
Section 101 (remainder) | 1st July 2013 | |
Section 102 | 1st April 2013 | |
Section 103 (partially) | 1st November 2012 | |
1st April 2013 | ||
Section 103 (remainder) | 1st July 2013 | |
Section 104 (partially) | 1st November 2012 | |
1st April 2013 | ||
1st April 2013 | ||
1st December 2013 | ||
1st April 2014 | ||
Section 105 (partially) | 1st April 2013 | |
1st July 2013 | ||
Section 105 (remainder) | 1st April 2014 | |
Section 106 (partially) | 1st April 2013 | |
Section 106 (remainder) | 1st April 2014 | |
Section 107 (partially) | 1st April 2013 | |
Section 107 (remainder) | 1st July 2013 | |
Section 108 (partially) | 1st November 2012 | |
Section 108 (remainder) | 1st April 2013 | |
Sections 109 to 114 | 1st April 2013 | |
Section 115 | 1st April 2014 | |
Section 116 (partially) | 1st April 2013 | |
Section 116 (remainder) | 1st December 2013 | |
Section 117 (partially) | 1st April 2013 | |
1st December 2013 | ||
1st April 2014 | ||
Section 118 (partially) | 1st April 2013 | |
Section 118 (remainder) | 1st April 2014 | |
Section 119 (partially) | 1st April 2013 | |
Section 119 (remainder) | 1st April 2014 | |
Sections 120 to 123 (partially) | 1st September 2013 | |
Sections 120 to 123 (remainder) | 1st April 2014 | |
Sections 124 to 126 | 1st March 2014 | |
Section 127 | 1st December 2013 | |
Section 144 (partially) | 1st November 2012 | |
Section 147 (partially) | 1st October 2012 | |
Section 147 (remainder) | 1st April 2013 | |
Section 148 (partially) | 1st November 2012 | |
Section 148 (remainder) | 1st April 2013 | |
Section 149 | 1st November 2012 | |
Section 150 (partially) | 1st July 2012 | |
1st November 2012 | ||
1st April 2013 | ||
Section 151 (partially) | 1st October 2012 | |
1st April 2013 | ||
Sections 152 and 153 | 1st April 2013 | |
Section 154 | 1st October 2012 | |
Section 156 (partially) | 1st November 2012 | |
1st April 2013 | ||
Section 157 | 1st April 2013 | |
Section 158 | 1st October 2012 | |
Section 159 (partially) | 1st April 2013 | |
Section 160 | 1st July 2012 | |
Sections 161 and 162 | 1st April 2013 | |
Section 163 (partially) | 1st April 2013 | |
1st April 2013 | ||
Section 164 (partially) | 1st October 2012 | |
Section 164 (remainder) | 1st April 2013 | |
Section 165 | 1st October 2012 | |
Section 166 | 1st November 2012 | |
Section 167 | 1st April 2013 | |
Sections 168 to 172 | 1st April 2013 | |
Section 173 (partially) | 1st November 2012 | |
Section 173 (remainder) | 1st April 2013 | |
Sections 174 to 178 | 1st November 2012 | |
Section 181 (partially) | 1st October 2012 | |
Section 181 (remainder) | 1st April 2013 | |
Sections 182 to 189 | 1st April 2013 | |
Section 190(1) to (8) and (10) | 1st April 2013 | |
Sections 191 to 200 | 1st April 2013 | |
Section 201 | 1st July 2012 | |
Sections 202 to 206 | 1st April 2013 | |
Section 207 (partially) | 1st July 2012 | |
Section 207 (remainder) | 1st April 2013 | |
Sections 209 to 211 | 1st August 2012 | |
Section 212 (partially) | 1st October 2012 | |
Section 212 (remainder) | 1st August 2012 | |
Sections 213 to 218 | 1st August 2012 | |
Sections 220 and 221 | 1st August 2012 | |
Section 222 | 1st December 2012 | |
Section 223 (partially) | 1st August 2012 | |
1st October 2012 | ||
1st February 2016 | ||
Section 224 | 16th March 2015 | |
Section 225 | 16th March 2015 | |
Section 226 (partially) | 1st December 2012 | |
9th June 2014 | ||
Section 227 | 1st July 2012 | |
Sections 228 and 229 | 1st December 2012 | |
Section 230 (partially) | 1st August 2012 | |
Section 230 (remainder) | 1st December 2012 | |
Section 231 | 1st July 2012 | |
Sections 232 to 277 | 1st April 2013 | |
Section 278 | 1st July 2012 | |
Section 279 | 31st October 2012 | |
Section 280 | 1st April 2013 | |
Section 281 | 1st October 2012 | |
Section 282 | 1st April 2013 | |
Section 283 | 1st July 2012 | |
Sections 284 to 287 | 1st April 2013 | |
Section 288 (partially) | 1st July 2012 | |
1st April 2013 | ||
Section 288 (remainder) | 1st April 2014 | |
Section 289 (partially) | 1st July 2012 | |
1st April 2013 | ||
1st April 2014 | ||
Section 290 (partially) | 1st October 2012 | |
Section 290 (remainder) | 1st April 2013 | |
Section 291 | 1st October 2012 | |
Sections 292 and 293 | 1st April 2013 | |
Section 294 | 1st October 2012 | |
Section 295 and 296 (partially) | 1st October 2012 | |
Sections 295 and 296 (remainder) | 1st April 2013 | |
Section 297 (partially) | 1st February 2013 | |
1st April 2013 | ||
Section 298 | 1st October 2012 | |
Section 299 | 1st June 2012 | |
Sections 300 to 302 (partially) | 1st July 2012 | |
1st October 2012 | ||
Sections 300 to 302 (remainder) | 1st April 2013 | |
Schedule 1 (partially) | 1st October 2012 | |
Schedule 1 (remainder) | 1st April 2013 | |
Schedule 2 (partially) | 1st October 2012 | |
Schedule 2 (remainder) | 1st April 2013 | |
Schedule 3 | 1st April 2013 | |
Schedule 4 (partially) | 1st July 2012 | |
1st October 2012 | ||
1st February 2013 | ||
Schedule 4 (remainder) | 1st April 2013 | |
Schedule 5 (partially) | 1st October 2012 | |
1st April 2013 | ||
Schedule 6 (partially) | 1st July 2012 | |
Schedule 6 (remainder) | 1st October 2012 | |
Schedule 7 | 1st April 2013 | |
Schedule 8 | 1st November 2012 | |
Schedule 9 | 1st April 2013 | |
Schedule 10 | 1st November 2012 | |
Schedule 11 (partially) | 1st April 2013 | |
Schedule 11 (remainder) | 1st July 2013 | |
Schedule 12 (partially) | 1st September 2013 | |
Schedule 12 (remainder) | 1st April 2014 | |
Schedule 13 (partially) | 1st July 2012 | |
1st November 2012 | ||
1st April 2013 | ||
Schedule 15 (partially) | 1st July 2012 | |
1st August 2012 | ||
Schedule 15 (remainder) | 1st December 2012 | |
Schedules 16, 17, 18 and 19 | 1st April 2013 | |
Schedule 20, Part 1 | 1st July 2012 | |
Schedule 20, Part 2 | 31st October 2012 | |
Schedule 20, Part 3 | 1st April 2013 | |
Schedule 21 (partially) | 1st February 2013 | |
1st April 2013 | ||
Schedules 22 and 23 (partially) | 1st July 2012 | |
1st October 2012 | ||
Schedules 22 and 23 (remainder) | 1st April 2013 |