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Statutory Instruments

2002 No. 1095 (C.26)

MEDICINES

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Health and Social Care Act 2001 (Commencement No. 8) Order 2002

Made

5th March 2002

The Secretary of State for Health, in exercise of the powers conferred on him by sections 64(6) and (8) and 70(2) of the Health and Social Care Act 2001( 1 ) and all other powers enabling him in that behalf, hereby makes the following Order:

Citation, interpretation and extent

1. —(1) This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 8) Order 2002.

(2) In this Order—

the Act” means the Health and Social Care Act 2001;

the 1977 Act” means the National Health Service Act 1977( 2 );

the 1997 Act” means the National Health Service (Primary Care) Act 1997( 3 ).

(3) Article 2(1) extends to England, Wales, Scotland and Northern Ireland.

(4) Article 2(2) extends to England and Wales.

(5) Article 2(3) extends to England and, except where otherwise specified in the Schedule to this Order, to Wales.

(6) Article 2(4) to (7) extends to England only.

Appointed days

2. —(1) The day appointed for the coming into force of section 63 of the Act is—

(a) for the purpose of making orders, 6th March 2002, and

(b) for all other purposes, 1st April 2002.

(2) The day appointed for the coming into force of section 15 of the Act is—

(a) for the purpose of making regulations, 8th March 2002, and

(b) for all other purposes, 1st April 2002.

(3) The day appointed for the coming into force of each provision of the Act specified in column 1 of the Schedule to this Order is 1st April 2002.

(4) The day appointed for the coming into force of sections 28 to 39, and 41 of, and Schedule 2 to, the Act is 8th March 2002.

(5) The day appointed for the coming into force of section 42 of the Act is—

(a) for the purpose of making regulations, 8th March 2002, and

(b) for all other purposes, 1st April 2002.

(6) The day appointed for the coming into force of section 43 of the Act is 1st April 2002.

(7) The day appointed for the coming into force of section 26(2) of the Act is 31st May 2002.

Transitional Provisions for Certificates given under Schedule 10 to the 1977 Act

3. Where before 1st April 2002 any person has asked the Medical Practices Committee for a certificate under paragraph 1(2) of Schedule 10 to the 1977 Act (prohibition, and certificate of Medical Practices Committee) and the application has not been determined by that date, that application shall have effect as if it were an application made to the Secretary of State.

Signed by authority of the Secretary of State for Health

John Hutton

Minister of State,

Department of Health

5th March 2002

Article 2(3)

SCHEDULE PROVISIONS OF THE ACT COMING INTO FORCE ON 1st APRIL 2002 for ENGLAND AND, UNLESS OTHERWISE SPECIFIED, WALES

Column 1 Column 2
Provisions of the Act Subject matter
Section 14 Abolition of Medical Practices Committee and amendment of Schedule 10 to the 1977 Act
Section 19, but not as respects Wales Enhanced criminal records certificates
Section 67(1) in so far as it relates to the provisions of Schedule 5 specified below
Section 67(2) in so far as it relates to the provisions of Schedule 6 specified below
Paragraphs 2 (but not as respects Wales), 5(2), (5), (6), (7)(a) and (b) (but not as respects Wales), (7)(c), (9), (10)(a) and 11(3) (but not as respects Wales) of Schedule 5 Minor and consequential amendments

In Schedule 6, the repeals relating to—

  • sections 7, 33(1B), 34, 85(1)(d), 100(1)(c) and 102 of the 1977 Act;

  • Schedule 2 to the Parliamentary Commissioners Act 1967;

  • section 115 of the Police Act 1997.

Repeals
Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Health and Social Care Act 2001 (Commencement No. 8) Order 2002 (2002/1095)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
the 1977 Actart. 1.the_1977_A_rt5LVJC
the 1997 Actart. 1.the_1997_A_rtb0E4K
the Actart. 1.the_Act_rtYUeCm
Changes that affect Made by
Sort descending by Changed Legislation Sort descending by Year and Number Changed Provision Type of effect Sort descending by Affecting Legislation Title Sort descending by Year and Number Affecting Provision Sort descending by Changes made to website text Note
The Health and Social Care Act 2001 (Commencement No. 8) Order 2002 2002 No. 1095 art. 2(2) words inserted The Health and Social Care Act 2001 (Commencement No. 8) (Amendment) Order 2002 2002 No. 1170 art. 2 Not yet
The Health and Social Care Act 2001 (Commencement No. 8) Order 2002 2002 No. 1095 art. 4 added The Health and Social Care Act 2001 (Commencement No. 8) (Amendment) Order 2002 2002 No. 1170 art. 3 Not yet

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.