Statutory Instruments

2003 No. 53 (C. 3)

NATIONAL HEALTH SERVICE, ENGLAND

The Health and Social Care Act 2001 (Commencement No. 11) (England) Order 2002

Made

30th December 2002

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

Citation, interpretation and application

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

(3) This Order applies to England only.

Appointed day for provisions relating to local pharmaceutical services

2. 1st January 2003 is the day appointed for the coming into force of—

(a) paragraphs 1, 4, 5(17), 7, 9( 2 ), 11(2)(a) and 14 of Schedule 5 to the Act;

(b) section 67(1) of the Act, in so far as it relates to those paragraphs; and

(c) paragraphs 5(1) and 11(1) of Schedule 5 to the Act, in so far as they relate to paragraphs 5(17) and 11(2)(a) respectively of that Schedule.

Appointed day for provisions relating to local authority scrutiny of health service provision and public involvement and consultation

3. 1st January 2003 is the day appointed for the coming into force of—

(a) sections 7 to 11( 3 ) of the Act;

(b) Schedule 1( 4 ) to the Act; and

Appointed day for provisions relating to pharmaceutical services

4. 1st February 2003 is the day appointed for the coming into force of—

(a) subsection (6) of section 20( 5 ) of the Act, and subsection (1) of that section in so far as it relates to subsection (6);

(b) section 25 of the Act, in so far as that section is not already in force( 6 );

(c) section 67(2) of the Act, in so far as it relates to the entry in Schedule 6 to the Act repealing the “and” at the end of section 42(3)(d) of the National Health Service Act 1977( 7 ); and

(d) sub-paragraph (14) of paragraph 5 of Schedule 5 to the Act, in so far as that sub-paragraph is not already in force( 8 ), and section 67(1) of, and paragraph 5(1) of Schedule 5 to, the Act, in so far as they relate to that sub-paragraph.

Signed by authority of the Secretary of State for Health

David Lammy

Parliamentary Under Secretary of State for Health

Department of Health

30th December 2002

( 1 )

2001 c. 15 . See section 66 of the Act for the definition of “relevant authority”, which is relevant to the powers being exercised in the making of this Order.

( 2 )

Paragraph 9 of Schedule 5 to the Act was amended by the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”), Schedule 2, paragraph 82.

( 3 )

Section 7 of the Act was amended by the 2002 Act, section 21 and Schedule 1, paragraph 55(2); and section 11 of the Act was amended by the 2002 Act, Schedule 8, paragraph 35.

( 4 )

Schedule 1 to the Act was amended by the 2002 Act, Schedule 2, paragraph 79, and Schedule 3, paragraph 17.

( 5 )

Section 20(6) was amended by S.I. 2002/2469 , Schedule 1, Part 1, paragraph 30.

( 6 )

See S.I. 2001/3738 .

( 7 )

1977 c. 49 . Section 42(3)(d) was amended by the National Health Service and Community Care Act 1990 (c. 19) , section 12(3)(a), and by the Health Authorities Act 1995 (c. 17) , section 2(1) and Schedule 1, paragraph 30.

( 8 )