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, โthe 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 ).
Appointed days for provisions relating to financial assistance related to provision of health and social care services
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 โcompanyโ.
(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
2008 c. 14 . See section 171(2) of that Act for the definition of โappropriate authorityโ.