Statutory Instruments
2002 No. 1919 (C. 60)
NATIONAL HEALTH SERVICE, WALES
The Health and Social Care Act 2001 (Commencement No. 3) (Wales) Order 2002
Made
22nd July 2002
The Secretary of State for Health, in exercise of the power 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 application
1. —(1) This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 3) (Wales) 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 );
“concluded” in relation to a case falling within article 2(2) means that the NHS Tribunal has given its decision and—
any period within which an appeal may be made has expired,
an appeal is withdrawn, or
all rights of appeal have been exhausted
as the case may be;
“pharmacist case” means a case before the NHS Tribunal in relation to a person undertaking to provide pharmaceutical services under Part II of the 1977 Act; and
“the NHS Tribunal” means the tribunal constituted under section 46 of the 1977 Act.
(3) This Order applies to Wales only.
Appointed days in respect of the abolition of the NHS Tribunal
2. —(1) Subject to paragraph (2), 26th August 2002 is the day appointed for the coming into force of each provision of the Act specified in Part I of the Schedule to this Order.
(2) The day appointed for the coming into force of each provision of the Act specified in Part I of the Schedule to this Order in relation to cases falling within paragraph (3) is the date 14 days after the date on which the last such case is concluded.
(3) For the purposes of paragraph (2) the cases are those—
(a) where proceedings in the case (other than a pharmacist case) commenced before the NHS Tribunal under the 1977 Act before 1st July 2002 but the case is not concluded until after 26th August 2002, or
(b) in a pharmacist case, where proceedings in the case commenced before the NHS Tribunal before the coming into force of the first regulations made under section 42 of the 1977 Act after the commencement of section 20(6) of the Act.
Appointed day in respect of the Family Health Services Appeal Authority
3. —(1) Subject to paragraph (2), the day appointed for the coming into force of each provision of the Act specified in Part II of the Schedule to this Order is 26th August 2002.
(2) Until section 16 of the Act is commenced fully in relation to Wales, each provision of the Act specified in column 1 of Part III of the Schedule to this Order shall take effect subject to the amendment specified in respect of it in column 2 of that Part.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
22nd July 2002
SCHEDULE
Article 2(1) and (2)
PART I PROVISIONS OF THE ACT COMING INTO FORCE IN RESPECT OF THE ABOLITION OF THE NHS TRIBUNAL
Section 16 (abolition of the NHS Tribunal)
Section 67 (minor and consequential amendments and repeals) in so far as it relates to—
paragraph 5(8) and (16) of Schedule 5;
the entry in Schedule 6 repealing sections 46 to 49E of, and Schedule 9 to, the 1977 Act and sections 2(1), 4 to 6 and 14(5) of the National Health Service (Amendment) Act 1995.
Article 3(1)
PART II PROVISIONS OF THE ACT COMING INTO FORCE ON 26TH AUGUST 2002 IN RESPECT OF THE FHSAA
Section 27 (The Family Health Services Appeal Authority)
Section 67(1) (minor and consequential amendments) in so far as it relates to—
paragraph 3 of Schedule 5 (The House of Commons Disqualification Act 1975 (c. 24) );
paragraph 5(10)(b) and (13)(a), (b) and (d) of Schedule 5 (The National Health Service Act 1977 (c. 49) );
paragraph 10 of Schedule 5 (The Tribunal and Inquiries Act 1992 (c. 53) ).
Article 3(2)
PART III PROVISIONS OF THE ACT AMENDED UNTIL SECTION 16 OF THE ACT IS COMMENCED FULLY IN RELATION TO WALES
| Column 1 | Column 2 |
|---|---|
| Provision of the Act | Amendment |
| Section 27(2) (which amends section 102 of the 1977 Act (allowances and remuneration for members of certain bodies)) | In section 27(2)— (a) for “for” in the second place where it occurs, substitute “after” and (b) for “substituted “the FHSAA”” substitute “added “and the FHSAA””. |
| Section 27(5)(b) (which amends paragraph 9(a) of Schedule 1 to the National Health Service (Primary Care) Act 1997 (preferential treatment on transferring to medical lists)) | In section 27(5)(b)— (a) for “for” substitute “after”, (b) after “section 46” insert “of the 1977 Act”, (c) from “substituted” to the end, substitute “added “where representations were made under paragraph 3 before 1st July 2002 or where representations are made under that paragraph on or after that date, the Family Health Services Appeal Authority constituted under section 49S””. |
| Schedule 5, paragraph 5(10)(b) (which amends section 100 of the 1977 Act (payments of expenses of certain bodies)) | In Schedule 5—
|
| Paragraph 10 (which amends paragraph 33(b) of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under the supervision of the Council on Tribunals)) | In paragraph 10— (a) for “substitute” substitute “add” and (b) for “(b)” substitute “(bb)”. |