Statutory Instruments
2006 No. 3397 (C. 125)
National Health Service, England and Wales
The Health and Social Care (Community Health and Standards) Act 2003 (Commencement) (No. 11) Order 2006
Made
12th December 2006
The Secretary of State for Health makes this Order in exercise of the powers conferred by sections 195(1) and 199(1) of the Health and Social Care (Community Health and Standards) Act 2003( 1 ).
In accordance with section 199(2)(c)(i) of that Act she has consulted the National Assembly for Wales.
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. 11) Order 2006.
(2) In this Order—
“the 1988 Act” means the Road Traffic Act 1988( 2 );
“the 1999 Act” means the Road Traffic (NHS Charges) Act 1999( 3 ); and
“the Act” means the Health and Social Care (Community Health and Standards) Act 2003.
(3) This Order applies in relation to England and Wales, except for article 5 which applies in relation to England only.
Appointed day for provisions relating to recovery of NHS charges
2. —(1) 28th January 2007 is the appointed day for the coming into force of section 150(1) to (7) and (10) to (14) of the Act in so far as it is not already in force( 4 ).
(2) 29th January 2007 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( 5 )–
(a) sections 151 to 164( 6 );
(b) sections 166 to 168; and
(c) Schedule 10.
Repeals relating to recovery of NHS charges
3. —(1) Subject to article 4, 29th January 2007 is the day appointed for the coming into force of the repeals relating to the enactments mentioned in Part 3 of Schedule 14 to the Act which are referred to in paragraph (2), and sections 169 and 196 of the Act in so far as it relates to those enactments.
(2) The enactments specified for the purposes of paragraph (1) are—
(a) the 1999 Act; and
(b) the 1988 Act.
Saving provisions
4. —(1) Notwithstanding article 3 above, the 1999 Act, as it stood on 28th January 2007, shall continue to have effect in relation to injuries to which it applied which occurred before 29th January 2007.
(2) Where the 1999 Act continues to apply in accordance with paragraph (1), section 145(6) of the 1988 Act shall be read as if the repeals relating to that section in Part 3 of Schedule 14 to the Act had not been made.
Appointed day for provisions relating to the Commission for Social Care Inspection
5. 15th January 2007 is the appointed day for the coming into force of paragraph 15 of Schedule 9 to the Act and section 147 of the Act insofar as it relates to that paragraph of the Schedule.
Signed by authority of the Secretary of State for Health
Lord Warner
Minister of State
Department of Health
12th December 2006
2003 c. 43 . Section 199(2) defines the “appropriate authority”.
1999 c.3 .
Section 199(4) of the Health and Social Care (Community Health and Standards) Act 2003 (c.43) commenced section 150 of the Act on Royal Assent for the purpose of making regulations.
Section 199(4) of the Health and Social Care (Community Health and Standards) Act 2003 commenced sections 151, 153, 156 to 158, 160, and 162 to 164 of the Act on Royal Assent for the purpose of making regulations.
Section 153(9) is amended by section 73 of the Health Act 2006 (c.28) . Section 73 of that Act was commenced by the Health Act 2006 (Commencement No.2) Order 2006 ( S.I. 2006/3125 ).
S.I.2004/759 is amended by S.I. 2006/836 .
S.I.2004/759 is amended by S.I. 2006/836 .
S.I.2005/2925 is amended by S.I. 2006/836 .
S.I.2004/288 is amended by S.I.2004/866 .