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Statutory Instruments

2008 No. 2994 (C. 129)

Human Rights

National Health Service, England

Public Health, England

Social Care

The Health and Social Care Act 2008 (Commencement No. 4) Order 2008

Made

15th November 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 ).

Citation and interpretation

1. โ€”(1) This Order may be cited as the Health and Social Care Act 2008 (Commencement No. 4) Order 2008.

(2) In this Order, โ€œthe Actโ€ means the Health and Social Care Act 2008.

Appointed day for provisions relating to the Human Rights Act 1998

2. โ€”(1) Except as provided in paragraph (2), 1st December 2008 is the appointed day for the coming into force of section 145 of the Act (Human Rights Act 1998: provision of certain social care to be public function).

(2) Paragraph (1) does not apply to a person who is an adult placement carer within the meaning of regulation 46 of the Care Homes (Wales) Regulations 2002 ( Rheoliadau Cartrefi Gofal (Cymru) 2002 )( 2 ).

3. โ€”(1) 1st December 2008 is the appointed day for the coming into force of the following provisions of the Actโ€”

(a) section 155 (power to form company);

(b) the following provisions of section 156 (interpretation of group of sections)โ€”

(i) subsection (1);

(ii) subsection (2), insofar as it defines โ€œcompanyโ€.

(2) 1st April 2009 is the appointed day for the coming into force of the following provisions of the Actโ€”

(a) section 149 (power of the Secretary of State to give financial assistance);

(b) section 150 (qualifying bodies);

(c) section 151 (forms of assistance under s. 149);

(d) section 152 (terms on which assistance under s. 149 is given);

(e) section 153 (directions to certain NHS bodies);

(f) section 154 (arrangements with other third parties);

(g) section 156 (interpretation of group of sections), subsection (2), insofar as it is not already in force.

Signed by authority of the Secretary of State for Health.

Phil Hope

Minister of State,

Department of Health

15th November 2008

( 1 )

2008 c. 14 . See section 171(2) of that Act for the definition of โ€œappropriate authorityโ€.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Health and Social Care Act 2008 (Commencement No. 4) Order 2008 (2008/2994)

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footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
companyart. 3.company_rt8opft
the Actart. 1.the_Act_rtwuhpM

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