Statutory Instruments
2008 No. 2497 (C. 106)
Health Care And Associated Professions
Hearing Aid Council
National Health Service, England
Public Health, England
Social Care
The Health and Social Care Act 2008 (Commencement No.2) Order 2008
Made
19th September 2008
The Secretary of State for Health makes the following Order in exercise of the powers conferred by section 170(3) and (4) of the Health and Social Care Act 2008( 1 ). In accordance with section 172(1) of that Act he has consulted the Scottish Ministers.
Citation, interpretation and extent
1. โ(1) This Order may be cited as the Health and Social Care Act 2008 (Commencement No. 2) Order 2008.
(2) In this Order, โthe Actโ means the Health and Social Care Act 2008.
(3) Articles 2, 5, 6 and 7 of this Order extend to England and Wales except thatโ
(a) article 2(m) extends to England and Wales, Scotland and Northern Ireland; and
(b) insofar as article 2 or 7 bring into force an amendment, repeal or revocation of any enactment, it had the same extent as that enactment.
Appointed day for provisions relating to the Care Quality Commission
2. 1st October 2008 is the day appointed for the coming into force of the following provisions of the Actโ
(a) section 1(1);
(b) section 1(3) insofar as it relates to the paragraphs of Schedule 1 to the Act listed in paragraph (n);
(c) section 2(1);
(d) sections 3 to 7;
(e) section 9;
(f) section 46(4) to (8)
(g) section 47;
(h) section 66 insofar as it relates to the paragraphs of Schedule 4 to the Act listed in paragraph (p);
(i) sections 76 to 83;
(j) section 85;
(k) section 88;
(l) section 95 insofar as it relates to the paragraphs of Schedule 5 to the Act listed in paragraph (q);
(m) section 97;
(n) in Schedule 1โ
(i) paragraphs 1 to 5,
(ii) paragraph 6(3),
(iii) paragraph 6(4) except insofar as it relates to the advisory committee,
(iv) paragraph 6(6) to (8),
(v) paragraph 7 except sub-paragraph (3),
(vi) paragraphs 8 to 12;
(o) Schedule 2;
(p) in Schedule 4โ
(i) paragraph 1,
(ii) paragraph 3,
(iii) paragraph 5 insofar as it relates to the functions of inspecting and reporting under Part 1 of the Act,
(iv) paragraphs 7 and 8;
(q) in Schedule 5โ
(i) paragraph 54(b),
(ii) paragraph 56(b),
(iii) paragraph 57(1) to the extent that it relates to paragraph 57(2)(b),
(iv) paragraph 57(2)(b),
(v) paragraph 58(b),
(vi) paragraph 59(1) to the extent that it relates to paragraph 59(2)(b),
(vii) paragraph 59(2)(b),
(viii) paragraph 73(b),
(ix) paragraph 80(b),
(x) paragraph 94.
Appointed day for provisions relating to s. 60 of Health Act 1999
3. 1st October 2008 is the day appointed for the coming into force of the following provisions of the Actโ
(a) section 111 insofar as it relates to the provisions of Schedule 8 listed in paragraph (b);
(b) in Schedule 8โ
(i) paragraph 3 insofar as it relates to paragraphs 5(4) and 8(a),
(ii) paragraph 5(4),
(iii) paragraph 8(a).
Appointed day for provisions relating to dissolution of Hearing Aid Council
4. 1st October 2008 is the day appointed for the coming into force of section 123(3) to (6) of the Act.
Appointed day for provisions in relation to indemnity schemes in connection with provision of health services
5. 1st October 2008 is the day appointed for the coming into force of section 142 of the Act.
Appointed day for provisions relating to weighing and measuring children: England
6. 1st October 2008 is the day appointed for the coming into force of section 143 of the Act.
Appointed day for provisions in relation to the National Information Governance Board for Health and Social Care
7. โ(1) 1st October 2008 is the day appointed for the coming into force of the following provisions of the Actโ
(a) section 157(1) insofar as it relates to sections 250A(1) and 250C of the National Health Service Act 2006( 2 ); and
(b) paragraphs 2 to 4 of Schedule 14 and section 160 insofar as it relates to those paragraphs.
(2) 1st January 2009 is the day appointed for the coming into force of the following provisions of the Actโ
(a) section 157 insofar as it is not already in force;
(b) section 158;
(c) paragraph 5 of Schedule 14 and section 160 insofar as it relates to that paragraph; and
(d) Part 6 of Schedule 15 and section 166 insofar as it relates to that Part.
Signed by authority of the Secretary of State for Health
Ben Bradshaw
Minister of State,
Department of Health
19th September 2008
2008 c. 14 . See section 171(2) of that Act for the definition of โappropriate authorityโ.
2006 c.41 ; sections 250A and 250C are inserted by the Act.
1999 c.8 .