The Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) (Wales) Order 2004
Citation and interpretation1.
(1)
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No.2) (Wales) Order 2004.
(2)
In this Order, “the 2003 Act” means the Health and Social Care (Community Health and Standards) Act 2003.
Appointed day2.
1st April 2004 is the day appointed for the following provisions of the 2003 Act to come into force—
(a)
section 47;
(b)
sections 70 to 75;
(c)
(d)
sections 109, and 142 to 145;
(e)
This is the second commencement order made by the National Assembly for Wales under the Health and Social Care (Community Health and Standards) Act 2003 (“the Act”). It brings certain provisions of the Act connected to Wales into force on 1st April 2004.
Article 2(a) brings into force section 47 of the Act which allows the Assembly to prepare and publish statements of standards in relation to the provision of health care by and for Welsh NHS bodies.
Article 2(b) commences Chapter 4 of Part 2 of the Act which provides for the Assembly to conduct reviews of and investigations into the provision of health care by and for Welsh NHS bodies and which confers upon the Assembly rights of entry and powers to require information and explanations in connection with such reviews and investigations.
Article 2(c) commences Chapter 6 of Part 2 of the Act, which provides for the National Assembly to conduct reviews, investigations and inspections into the way in which Welsh local authorities discharge their social services functions.
Article 2(d) commences other provisions of the Act concerning Wales. These are: (i) section 109, which requires the Assembly to have particular regard to the need to safeguard and promote children’s rights and welfare in the exercise of its social care regulatory and inspection functions; (ii) section 142, which requires the Assembly to publish annual reports about its social and health care regulatory and inspection functions; (iii) section 143, which empowers the Assembly to use information obtained in the exercise of one of its social or health care regulatory or inspection functions for the purposes of another of those functions; (iv) section 144 which makes provision about health or social care inquiries held under the Government of Wales Act 1998; and (v) section 145, which requires the Assembly and the Commission for Healthcare Audit and Inspection to co-operate with each other.
Article 2(e) commences certain provisions of the Act in relation to Wales. These are: (i) section 106, which clarifies the definition of “independent medical agency” in the Care Standards Act 2000; (ii) section 108, which amends the powers of inspection provisions of the Care Standards Act 2000; and (iii) section 111, which amends the Children Act 1989 so as to require reports to be published following inspections of boarding schools and colleges.
The provisions of the Health and Social Care (Community Health and Standards) Act 2003 listed in the table below have been brought into force by commencement orders made before the date of this Order. Except where indicated the provisions commenced by SI 2003/3346 and SI 2004/759 have been commenced in relation to England and Wales. The provisions commenced by SI 2004/288 have been commenced in relation to England. The provisions commenced by SI 2004/480 (W.49) have been commenced in relation to Wales.
Provision | Date of Commencement | S.I.No. |
|---|---|---|
Section 1 | 1.4.2004 | |
Sections 2 to 4 | 1.1.2004 | |
Sections 5 to 20 | 1.4.2004 | |
Sections 22 to 35 | 1.4.2004 | |
Section 36 | 1.1.2004 | |
Sections 37 to 39 | 1.4.2004 | |
Section 40 | 1.1.2004 | |
Section 41 | 8.1.2004 | |
Section 42 as to England | 1.1.2004 | |
Section 43 | 11.3.2004 | |
Section 44 | 1.4.2004 | |
Sections 45 and 46 | 1.4.2004 | |
Sections 48 and 49 | 1.4.2004 | |
Section 50(1) (partially) | 1.4.2004 | |
Section 50(1) (partially) | 1.4.2006 | |
Section 50(2) and (3) | 1.4.2005 | |
Section 50(4) | 1.4.2006 | |
Section 50(5) | 1.4.2004 | |
Section 51(1) to (3) and (6) | 1.4.2004 | |
Section 51(4) | 1.4.2005 | |
Section 52(1) to (4), (6) and (7) | 1.4.2004 | |
Section 52(5) | 1.4.2005 | |
Sections 53 to 57 | 1.4.2004 | |
Sections 60 and 61 | 1.4.2004 | |
Sections 64 to 68 | 1.4.2004 | |
Sections 76 to 84 as to England | 1.4.2004 | |
Sections 87 to 91 as to England | 1.4.2004 | |
Section 102 | 1.4.2004 | |
Section 103 | 1.4.2004 | |
Section 104 as to England | 1.4.2004 | |
Section 106 | 1.4.2004 | |
Section 108 | 1.4.2004 | |
Section 110 as to England | 1.4.2004 | |
Section 111 | 1.4.2004 | |
Section 112 as to England | 11.3.2004 | |
Sections 118 and 119 | 1.6.2004 | |
Section 120 and 121 | 1.4.2004 | |
Section 123 | 1.4.2004 | |
Section 124 | 1.4.2004 | |
Section 125 as to England | 1.4.2004 | |
Section 126 | 1.4.2004 | |
Section 127 as to England | 1.4.2004 | |
Section 128 | 1.4.2004 | |
Section 129 as to England | 1.4.2004 | |
Section 130 | 1.4.2004 | |
Section 131 as to England | 1.4.2004 | |
Section 132 | 1.4.2004 | |
Section 133 as to England | 1.4.2004 | |
Section 134 | 1.4.2004 | |
Section 135 as to England | 1.4.2004 | |
Section 136 to 138 | 1.4.2004 | |
Section 139 as to England | 1.4.2004 | |
Section 140 | 1.4.2004 | |
Section 141 as to England | 1.4.2004 | |
Section 146 | 1.4.2004 | |
Section 147 as to England (partially) | 1.1.2004 | |
Section 147 (partially) | 8.1.2004 | |
Section 147 as to England (partially) | 1.3.2004 | |
Section 147 as to England (partially) | 11.3.2004 | |
Section 147 as to England (partially) | 1.4.2004 | |
Section 147 as to England (partially) | 1.4.2004 | |
Section 147 (partially) | 1.4.2004 | |
Section 147 (partially) | 1.6.2004 | |
Section 148 | 1.1.2004 | |
Section 174 as to Wales (partially) | 28.2.2004 | |
Section 174 as to Wales (partially) | 1.4.2004 | |
Section 175(1) as to England (partially) | 3.2.2004 | |
Section 175(1) | 1.3.2004 | |
Section 175 as to Wales | 28.2.2004 | |
Section 175 as to England insofar as is not already in force | 1.4.2004 | |
Section 176 as to England | 3.2.2004 | |
Section 176 as to Wales | 28.2.2004 | |
Section 177(1) and (2) as to England | 3.2.2004 | |
Section 177(2) as to England insofar as is not already in force | 1.3.2004 | |
Section 177(3) to (11) as to England | 1.3.2004 | |
Section 177(12) as to England (partially) | 1.4.2004 | |
Section 178 as to England | 1.4.2004 | |
Section 179(1) as to England (partially) | 3.2.2004 | |
Section 179(1) as to Wales (partially) | 28.2.2004 | |
Section 179(2) as to England (partially) | 3.2.2004 | |
Section 179(2) as to Wales | 28.2.2004 | |
Section 180 as to Wales (partially) | 28.2.2004 | |
Section 180 as to England (partially) | 1.3.2004 | |
Section 184 as to England (partially) | 3.2.2004 | |
Section 184 as to Wales (partially) | 28.2.2004 | |
Section 184 as to England (partially) | 1.3.2004 | |
Section 184 as to England (partially) | 1.4.2004 | |
Section 184 as to Wales (partially) | 1.4.2004 | |
Section 189(1) | 1.4.2004 | |
Section 196 as to England (partially) | 1.3.2004 | |
Section 196 as to England (partially) | 1.4.2004 | |
Section 196 as to Wales (partially) | 1.4.2004 | |
Section 196 (partially) | 1.4.2004 | |
Schedule 1 | 1.4.2004 | |
Schedule 2 | 1.1.2004 | |
Schedules 3 to 5 | 1.4.2004 | |
Schedule 6 | 8.1.2004 | |
Schedule 7 as to England | 1.1.2004 | |
Schedule 8 | 11.3.2004 | |
Schedule 9 | ||
Paragraphs 1, 3, 5 to 8 and 31 as to England (partially) | 1.1.2004 | |
Paragraphs 1, 3, 5 to 8, 13 and 31 (partially) | 8.1.2004 | |
Paragraphs 16, 23(b) and 27 as to England | 11.3.2004 | |
Paragraphs 2,14,16 to 20, 22, 23(a), 25, 29 and 30 | 1.4.2004 | |
Paragraphs 9 and 11 | 1.6.2004 | |
Paragraphs 10, 21, 24, 26 to 28 and 32 as to England | 1.4.2004 | |
Paragraph 12 (partially) | 11.3.2004 | |
Schedule 11 | ||
Paragraph 1 as to England | 1.4.2004 | |
Paragraph 1 as to Wales | 1.4.2004 | |
Paragraph 2 as to England (partially) | 1.4.2004 | |
Paragraph 2 as to Wales (partially) | 1.4.2004 | |
Paragraphs 3(2)(a) and (3) to (5) and 3(1) as to England (partially) | 1.4.2004 | |
Paragraphs 3(2)(a) and (3) to (5) and 3(1) as to Wales (partially) | 1.4.2004 | |
Paragraphs 4 to 6 as to England | 1.4.2004 | |
Paragraphs 4 to 6 as to Wales | 1.4.2004 | |
Paragraph 7 as to England (partially) | 3.2.2004 | |
Paragraph 7 as to Wales (partially) | 28.2.2004 | |
Paragraph 7 as to England (partially) | 1.3.2004 | |
Paragraph 7 as to England (partially) | 1.4.2004 | |
Paragraph 7 as to Wales (partially) | 1.4.2004 | |
Paragraph 8 as to Wales (partially) | 1.4.2004 | |
Paragraph 9 as to England | 1.4.2004 | |
Paragraph 9 as to Wales | 1.4.2004 | |
Paragraph 10 as to Wales | 1.4.2004 | |
Paragraphs 12 and 13 as to England | 1.4.2004 | |
Paragraph 13 as to Wales | 1.4.2004 | |
Paragraphs 14 to 17 as to England | 1.3.2004 | |
Paragraph 20 as to England (partially) | 1.4.2004 | |
Paragraph 20 as to Wales (partially) | 1.4.2004 | |
Paragraph 21(2) and (3) as to Wales (partially) | 1.4.2004 | |
Paragraph 21(3) as to England (partially) | 1.4.2004 | |
Paragraph 22 as to England (partially) | 1.4.2004 | |
Paragraph 22(1) as to Wales (partially) | 1.4.2004 | |
Paragraph 22(2) and 22(3)(a), (5)(b) and (7) to (9) as to Wales | 1.4.2004 | |
Paragraph 22(8)(b) and (9) as to Wales (partially) | 1.4.2004 | |
Paragraph 23 as to Wales (partially) | 28.2.2004 | |
Paragraph 23 as to England (partially) | 3.2.2004 | |
Paragraph 23 as to England (partially) | 1.4.2004 | |
Paragraph 23 as to Wales (partially) | 1.4.2004 | |
Paragraph 24(a) as to England | 1.4.2004 | |
Paragraph 24(a) as to Wales | 1.4.2004 | |
Paragraphs 25 to 27 as to England | 1.4.2004 | |
Paragraphs 25 to 27 as to Wales | 1.4.2004 | |
Paragraph 26 as to England (partially) | 11.3.2004 | |
Paragraph 36(a) as to England | 1.4.2004 | |
Paragraph 36(a) as to Wales | 1.4.2004 | |
Paragraph 37 as to England | 1.4.2004 | |
Paragraph 37 as to Wales | 1.4.2004 | |
Paragraph 38 as to England | 3.2.2004 | |
Paragraph 38 as to Wales (partially) | 28.2.2004 | |
Paragraph 39 as to England (partially) | 3.2.2004 | |
Paragraph 39 as to Wales (partially) | 28.2.2004 | |
Paragraph 40 as to Wales | 1.4.2004 | |
Paragraph 41 as to Wales | 1.4.2004 | |
Paragraphs 42 to 44 as to England | 1.4.2004 | |
Paragraphs 42 to 44 as to Wales | 1.4.2004 | |
Paragraph 45 as to England (partially) | 1.4.2004 | |
Paragraph 45 as to Wales (partially) | 1.4.2004 | |
Paragraph 46 as to England (partially) | 1.4.2004 | |
Paragraph 46(1) as to Wales (partially) | 1.4.2004 | |
Paragraph 46(2)(a) and (3)(a) as to Wales | 1.4.2004 | |
Paragraphs 47 to 49 as to England | 1.4.2004 | |
Paragraphs 47 to 49 as to Wales | 1.4.2004 | |
Paragraphs 51 and 52 as to England | 1.4.2004 | |
Paragraph 51 to 52 as to Wales | 1.4.2004 | |
Paragraph 53 as to England (partially) | 1.4.2004 | |
Paragraph 53 as to Wales (partially) | 1.4.2004 | |
Paragraph 55 as to England | 1.4.2004 | |
Paragraph 55 as to Wales | 1.4.2004 | |
Paragraphs 56 to 59 as to England | 1.4.2004 | |
Paragraphs 56 to 59 as to Wales | 1.4.2004 | |
Paragraph 60 as to England (partially) | 1.4.2004 | |
Paragraph 60 as to Wales (partially) | 1.4.2004 | |
Paragraphs 61 to 64 as to Wales | 1.4.2004 | |
Paragraphs 62 and 63 as to England | 1.4.2004 | |
Paragraphs 65 and 67(a) as to England | 1.4.2004 | |
Paragraphs 65 and 67(a) as to Wales | 1.4.2004 | |
Paragraph 69 as to Wales (partially) | 1.4.2004 | |
Paragraphs 70 to 74 as to England (partially) | 1.4.2004 | |
Paragraphs 70 to 74 as to Wales | 1.4.2004 | |
Schedule 14 as to England (partially) | 1.4.2004 | |
Schedule 14 as to Wales (partially) | 1.4.2004 | |
Schedule 14 Part 1 | 1.4.2004 |