2004 No. 1754 (W.187) (C.70)
SOCIAL SERVICES, WALES
NATIONAL HEALTH SERVICE, WALES

The Health and Social Care Act 2001 (Commencement No. 7) (Wales) Order 2004

Made
The National Assembly for Wales, in exercise of powers conferred by sections 64(6) and 70(2) of the Health and Social Care Act 20011, hereby makes the following Order:

Citation, application and interpretation1.

(1)

This Order may be cited as the Health and Social Care Act 2001 (Commencement No.7) (Wales) Order 2004 and applies in relation to Wales.

(2)

In this Order “the Act” (“y Ddeddf”) means the Health and Social Care Act 2001.

Appointed days2.

(1)

The day after that on which this Order is made is the day appointed for section 58 of the Act to come into force in so far as it confers powers to make regulations.

(2)

1 November 2004 is the day appointed for the following provisions of the Act to come into force—

(a)

section 48 and Schedule 4;

(b)

section 57 in so far as it is not already in force2;

(c)

section 58 in so far as it is not already in force;

(d)

section 67(1) and paragraph 15(1) of Schedule 5 to the extent that they relate to —

(i)

paragraph 15(2); and

(ii)

that part of paragraph 15(3) that inserts the words “making of direct payments to a person in respect of his securing provision of community care services or services to carers”, and the related references to Part 4 of the Act, into Schedule 1 to the Local Authority Social Services Act 19703;

(e)

section 67(2) and Part 3 of Schedule 6 in so far as they relate to the entries in Part 3 concerning—

(i)

the Community Care (Direct Payments) Act 19964;

(ii)

the Carers and Disabled Children Act 20005.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19986
D. Elis-Thomas
The Presiding Officer of the National Assembly
(This note is not part of the Order)

This Order is the seventh Commencement Order made under the Health and Social Care Act 2001 (“the 2001 Act”) solely in relation to Wales.

Article 2 of the Order appoints 1 November 2004 as the day on which section 48, and sections 57 and 58 (in so far as they are not already in force), of the 2001 Act come into force in relation to Wales.

Section 48 inserts provisions into the Health Act 1999 which provide for the National Assembly for Wales to make staff transfer orders in connection with partnership arrangements between Welsh local authorities and NHS bodies made under the 1999 Act.

Section 57 empowers the Assembly to make regulations authorising or requiring Welsh local authorities to make direct payments instead of the direct provision of community care services or services for carers, and makes provision as to the effect of such regulations.

Section 58 inserts a new section 17A into the Children Act 1989 which empowers the Assembly to make regulations authorising or requiring Welsh local authorities to make direct payments instead of the direct provision of services under section 17 of the 1989 Act, and makes provision as to the effect of such regulations.

Article 2 of the Order also brings into force provisions of the 2001 Act that make amendments to, and repeal, other provisions of primary legislation in consequence of sections 57 and 58 of the 2001 Act.

(This note is not part of the Order)

Provision of the 2001 Act

Commencement date

S.I.No.

Section 3

1st July 2002 (partially)

2002/1475 (W.147) (C.41)

Section 5

1st July 2002

2002/1475

Section 6(3)

24th January 2004

2004/103 (W.10) (C.6)

Section 11

1st December 2002

2002/1475

Section 12

31st January 2004

2004/103

Section 13

17th March 2003

2003/713 (W.87) (C.36)

Section 16

26th August 2002

2002/1919 (C.60)

Sections 19 to 26

1st July 2002

2002/1475

Section 27

26th August 2002

2002/1919

Sections 28 to 39

1st July 2002

2002/1475

Sections 41 to 43

1st July 2002

2002/1475

Section 49 Section 50(1)

3rd December 2001 (partially) and 1st April 2004 (remainder) 8th April 2002

2001/3807 (W.315) (C.124) and 2004/1032001/3752 (C.122)

Section 50(2) to (10)

19th December 2001

2001/3807

Sections 51 and 52

8th November 2001

2001/3752

Sections 53 to 55

1st April 2003

2003/939 (W.123) (C.50)

Section 67(1) and Schedule 5

1st April 2002, 1st July 2002 and 26th August 2002 (all partially)

2002/1095 (C.26),2002/1475 and 2002/1919

Section 67(2) and Schedule 6

1st April 2002, 15th April 2002, 1st July 2002 and 26th August 2002 (all partially)

2002/1095, 2002/1312 (C.36), 2002/1475 and 2002/1919

Schedules 2 and 3

1st July 2002

2002/1475

The following Orders have commenced provisions of the 2001 Act in relation to England alone: S.I. 2001/2804 (C.95); S.I. 2001/3167 (C.101); S.I. 2001/3294 (C.107); S.I. 2001/3619 (C.117); S.I. 2001/3752 (C.122); S.I. 2001/3738 (C.121); S.I. 2001/4149 (C.133); S.I. 2002/1095 (C.26); S.I. 2002/1312 (C.36); S.I. 2002/2363 (C.77); S.I. 2003/53 (C.3); S.I. 2003/850 (C.46) and S.I. 2003/2245 (C.87).