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Statutory Instruments

2002 No. 1170 (C.30)

MEDICINES

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

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

Made

26th March 2002

The Secretary of State for Health, in exercise of 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. β€”(1) This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 8) (Amendment) Order 2002.

(2) In this Order, the β€œprincipal Order” means the Health and Social Care Act 2001 (Commencement No. 8) Order 2002( 2 ).

(3) Article 2 extends to England and Wales.

(4) Article 3 extends to England only.

Amendment of the principal Order

2. In article 2(2) of the principal Order, after β€œsection 15 of the Act” insert β€œ, except for sub-section (3) thereof in so far as it applies to Wales,”.

3. After article 3 of the principal Order addβ€”

β€œ Transitional Provisions for vacancy appeals

4. Where before 1st April 2002 any person has appealed to the Secretary of State under regulations made under section 29B(3)(b) ( 3 ) of the 1977 Act, and the appeal has not been determined by that date, that appeal shall have effect as if it were an appeal to the FHSAA ( 4 ) and shall be dealt with in accordance with the Family Health Services Appeal Authority (Procedure) Rules 2001 ( 5 ) . ” .

Signed by authority of the Secretary of State for Health

John Hutton

Minister of State,

Department of Health

26th March 2002

( 1 )

2001 c. 15 .

( 2 )

S.I. 2002/1095 (c. 26) .

( 3 )

Section 29B(3)(b) is amended by section 15(3) of the Health and Social Care Act 2001. Regulations made under it are S.I. 1998/2838 , 2000/220 and 2001/3742 which all amend S.I. 1992/635 .

( 4 )

The FHSAA is constituted under section 49S of the 1977 Act which was inserted by section 27(1) of the Health and Social Care Act 2001.

( 5 )

S.I. 2001/3750 .

Status: This is the original version (as it was originally made).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) (Amendment) Order 2002 (2002/1170)

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