Statutory Instruments

2006 No. 1680 (C.57)

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

SOCIAL CARE, ENGLAND

The Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 9) Order 2006

Made

26th June 2006

The Secretary of State for Health, in exercise of the powers conferred on her by sections 195(1) and 199(1) of the Health and Social Care (Community Health and Standards) Act 2003( 1 ), makes the following Order:

Citation, interpretation and application

1. —(1) This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No.9) Order 2006.

(2) In this Order—

“the 2000 Act” means the Care Standards Act 2000 ( 2 ); and

“the Act” means the Health and Social Care (Community Health and Standards) Act 2003 .

(3) This Order applies in relation to England only, apart from article 2(2) which applies in relation to England and Wales.

Appointed day for provisions relating to fees

2. —(1) 27th June 2006 is the appointed day for the coming into force of section 105(6) of the Act for the purpose of making regulations, and section 105(1) of the Act in so far as it relates to that provision.

(2) 1st August 2006 is the appointed day for the coming into force of—

(a) section 105(3) to (5) and (7) of the Act; and

(b) sections 105(1) and (6) of the Act for all remaining purposes.

Appointed day for provisions relating to complaints

3. 1st September 2006 is the appointed day for the coming into force of the following provisions of the Act in so far as they are not already in force( 3 )—

(a) section 113(1), (3) and (4) (complaints about health care);

(b) section 114(1), (2), (5) and (6) (complaints about social services);

(d) in Schedule 14, the repeal in Part 2 relating to section 7B of the Local Authority Social Services Act 1970( 4 ) (complaints procedure) and section 196 insofar as it relates to that repeal.

Transitional provisions pending section 105(2) of the Act coming into force in relation to the CSCI

4. —(1) Pending the coming into force of section 105(2) of the Act in relation to the determination of fees by the CSCI( 5 ), the following transitional provisions shall apply.

(2) Sections 12(2), 15(3), 16(3) and 22(7)(i) of the 2000 Act shall be read as if—

(i) “or the CSCI” were omitted; and

(ii) after “the Assembly” there were inserted “or the CSCI”.

(3) Section 15(5) of the 2000 Act shall be read as if after “the Assembly” there were inserted “or the CSCI”.

Signed by authority of the Secretary of State

Ivan Lewis

Parliamentary Under Secretary of State

Department of Health

26th June 2006

( 1 )

2003 c. 43 . See section 199(2) for the definition of the appropriate appointing authority in relation to commencement orders.

( 2 )

2000 c. 14 .

( 3 )

Section 199(4) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) commenced sections 113 to 115 of the Act on Royal Assent for the purpose of making regulations.

( 4 )

1970 c. 42 ; section 7B was inserted by the National Health Service and Community Care Act 1990 (c. 19) , section 50 and amended by the Health and Social Care Act 2001 (c. 15) , Schedule 5, paragraph 15(2).

( 5 )

“The CSCI” means the Commission for Social Care Inspection. See section 5B of the 2000 Act as inserted by section 103 of the Act.

( 6 )

S.I.2004/759 is amended by S.I. 2006/836 .

( 7 )

S.I.2005/2925 is amended by S.I. 2006/836 .

( 8 )

S.I.2004/288 is amended by S.I.2004/866 .

in force	Provision is in force
in force*	In force only for specified purposes (see footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
defined term	Defined term
_dfn	Defined term (alternative style)

footnote	commentary	transitional and savings	in force status	related provisions	geo extent	insert/omit	source count	in force adj

Defined Term	Section/Article	ID	Scope of Application
the 2000 Act	art. 1.	def_7dea8688fb
the Act	art. 1.	def_5c85332130