Citation and interpretation

1. —(1) This Order may be cited as the Health and Social Care Act 2012 (Commencement No.3, Transitional, Savings and Transitory Provisions and Amendment) Order 2012.

(2) In this Order—

“the Act” means the Health and Social Care Act 2012;

“the 2006 Act” means the National Health Service Act 2006( 3 );

“the Second Commencement Order” means the Health and Social Care Act 2012 (Commencement No.2 and Transitional, Savings and Transitory Provisions) Order 2012( 4 ).

Commencement of provisions

2. —(1) Insofar as they are not already in force( 5 ), the following provisions of the Act shall come into force in accordance with this Order.

(2) 1st November 2012 is the day appointed for the coming into force of—

section 61(2) and Schedule 8 (Monitor);

section 62 (general duties of Monitor), except subsection (6)(b) and except insofar as it relates to Monitor’s functions under Chapter 5 of the 2006 Act;

section 63 (Secretary of State’s guidance on Monitor’s duty under section 62(9) of the Act);

section 64 (general duties of Monitor: supplementary provision);

section 66 (matters Monitor is to have regard to in exercise of its functions), except insofar as it relates to Monitor’s functions under Chapter 5 of the 2006 Act;

section 67 (conflicts between Monitor’s functions), except subsection (3);

section 68(1) to (3) (Monitor’s duty to review regulatory burdens), except insofar as it relates to Monitor’s functions under Chapter 5 of the 2006 Act;

section 70 (information obtained etc. by Monitor);

section 71 (Monitor’s failure to perform functions);

section 94(1) to (6) (standard conditions), only insofar as it relates to the preparation of, and consultation on, draft standard conditions under section 94(7), and publication of those conditions under section 94(9);

section 94(7) to (10) and (11)(b) and (c);

section 95 (special conditions), for the purpose only of enabling Monitor to take steps under section 95 to enable it to include a special condition in the licence of an NHS foundation trust from the date upon which section 81(1) (requirement for health service providers to be licensed) comes into force in relation to NHS foundation trusts;

section 96 (limits on Monitor’s functions to set or modify licence conditions), only insofar as—

section 97 (conditions: supplementary) only insofar as it relates to—

section 98(1) and (2) (conditions relating to the continuation of the provision of services etc.), only insofar as it relates to the preparation of, and consultation on, draft standard conditions under section 94(7) of the Act and publication of those conditions under section 94(9) of the Act, and special conditions;

section 98(4) and (7);

section 101(1) and (2) (modification references to the Competition Commission), except insofar as it relates to licence holders and the inclusion or modification of a special condition in their licence;

section 101(5) and (6) only insofar as it relates to references under section 101(2);

section 101(8);

section 103(1) and (2) (standard condition as to transparency of certain criteria), only insofar as it relates to the preparation of, and consultation on, draft standard conditions under section 94(7) of the Act, and publication of those conditions under section 94(9) of the Act;

section 104(1), (2)(a) and (f), (3) and (4)(a) and (d) (power to require documents and information);

section 108(1) to (4) (guidance as to use of enforcement powers), for the purposes only of enabling Monitor to prepare and consult upon the first draft guidance under that section;

section 144(3)(b) and (6) (investment principles and reviews);

section 148 (service of documents), except section 148(6)(a);

section 149 (electronic communications);

section 150(1) and (3) (interpretation and transitional provision in relation to Part 3);

section 156(1) and (2) (annual report and forward plan of NHS foundation trusts);

section 166 (information);

sections 173 to 178 (failure provisions in respect of NHS foundation trusts), except section 173(2);

Schedule 10 (references by Monitor to the Competition Commission);

in Schedule 13 (minor and consequential amendments related to Part 3 of the Act)—

and paragraph 8 and section 150(5) insofar as they relate to those paragraphs.

(3) 1st December 2012 is the day appointed for the coming into force of—

section 222 (the Professional Standards Authority for Health and Social Care);

section 226(2)(b) and (5), and section 226(1) insofar as it relates to those provisions (accountability and governance in relation to the Professional Standards Authority for Health and Social Care);

sections 228 and 229 (establishment and accreditation of voluntary registers); and

section 230(1) to (4) and (6) and Part 3 of Schedule 15 (consequential amendments and savings in relation to the Professional Standards Authority for Health and Social Care).

(4) 1st February 2013 is the day appointed for the coming into force of—

section 9 (the NHS Commissioning Board), only insofar as it inserts section 1H(3)(a) into the 2006 Act;

section 10 (clinical commissioning groups), only insofar as it inserts section 1I(2) into the 2006 Act, and only insofar as the function conferred by that subsection relates to the provision of services for the purposes of the health service in England on or after 1st April 2013;

section 13(2) to (5) (duties of clinical commissioning groups as to commissioning certain health services) and section 13(1) insofar as it relates to those subsections, only insofar as it relates to the provision of services for the purposes of the health service in England on or after 1st April 2013;

section 13(8);

section 14 (power of clinical commissioning groups to commission certain health services), only insofar as that function relates to the provision of services for the purposes of the health service in England on or after 1st April 2013;

section 15 (power to require Board to commission certain health services);

section 17(10) (provision of vehicles for disabled persons) only insofar as it relates to the provision of services for the purposes of the health service in England on or after 1st April 2013;

section 20 (regulations as to the exercise of functions by the Board or clinical commissioning groups);

section 23 (the NHS Commissioning Board: further provision), only insofar as it inserts sections 13O and 13Q into the 2006 Act;

section 26 (clinical commissioning groups: general duties etc.), only insofar as it inserts sections 14Z2 and 14Z7(1), (6) and (7) into the 2006 Act;

section 40(1) to (4) and (8), only insofar as it relates to the provision of after-care services for the purposes of the health service in England on or after 1st April 2013;

section 78 (guidance);

in Schedule 4 (amendments of the 2006 Act)—

and section 55(1) insofar as it relates to those paragraphs;

in Schedule 21 (amendments relating to relationships between the health services)—

and section 297 insofar as it relates to those paragraphs.

Transitory modification in respect of the commencement of section 64 of the Act (supplementary provision as to the general duties of Monitor)

3. Until section 9 of the Act (the National Health Service Commissioning Board) comes fully into force, section 64(4) of the Act is to be read as if the words “, except” to the end were omitted.

Transitory modification in respect of the commencement of section 67 of the Act (conflicts between Monitor’s functions)

4. Until the commencement of sections 111 and 113 of the Act (imposition of licence conditions on NHS foundations trusts during transitional period), section 67(2)(a) of the Act is to be read as if “or under sections 111 and 113 of this Act (imposition of licence conditions on NHS foundation trusts during transitional period)” were omitted.

Transitory modification in respect of the commencement of section 71 of the Act (Monitor’s failure to perform functions)

5. Until the commencement of sections 72 and 73 of the Act (functions under the Competition Act 1998 and Part 4 of the Enterprise Act 2002), section 71 of the Act is to be read as if “, other than a function it has by virtue of section 72 or 73,” were omitted.

Transitory modification in respect of the commencement of section 78 of the Act (guidance)

6. Until the commencement of section 72 of the Act, section 78(1) of the Act is to be read as if “may” is substituted for “must”.

Transitory modification in respect of the commencement of section 95 of the Act (special conditions)

7. Until section 95 of the Act comes fully into force, a reference in that section to “the applicant” is to be read as a reference to “the NHS foundation trust”.

Transitory modification in respect of the commencement of section 98 of the Act (conditions relating to the continuation of the provision of services etc.)

8. Until the commencement of section 81(1) of the Act (requirement for health service providers to be licensed), section 98(4) of the Act is to be read as if “may” is substituted for “must”.

Transitory modifications in respect of the commencement of sections 101 (power to require documents and information) and 104 (modification references to the Competition Commission) of the Act

9. Until the commencement of section 85 of the Act (application for licence) a reference in the following sections to “applicant” is to be read as a reference to “NHS foundation trust”—

(a) section 101(1)(b), (2) and (5); and

(b) section 104(2)(a).

Saving provision in respect of the commencement of section 166 of the Act (information)

10. Until section 81(1) of the Act (requirement for health service providers to be licensed) comes fully into force, section 48(1)(b) and (2) of the 2006 Act (information), as in force before the substitution made by section 166 of the Act, is to continue to have effect.

Transitory modification in respect of the commencement of paragraph 13 of Schedule 8 to the Act (Monitor)

11. Until the commencement of—

(a) section 145 of the Act (borrowing), paragraph 13 of Schedule 8 is to be read as if “section” were substituted for “sections”, and as if “145 and” and “power to borrow for exercising functions in relation to financial assistance and” were omitted; and

(b) section 146 of the Act (shortfall; or excess of available funds, etc.), paragraph 13 of Schedule 8 is to be read as if “section” were substituted for “sections”, and as if “and 146” and “and power of Secretary of State to lend etc.” were omitted.

Saving provision in respect of the commencement of paragraph 10 of Schedule 13 to the Act

12. Until section 62 of the Act (Monitor’s general duties) comes fully into force, and except where the saving provision in paragraph 10(2) of Schedule 13 applies, section 32 of the 2006 Act (Monitor’s general duties) continues to have effect in relation to Monitor’s functions under Chapter 5 of the 2006 Act (NHS foundation trusts).

Transitory modification in respect of the commencement of paragraph 38 of Schedule 21 to the Act

13. Until the commencement of section 33 of the Act (abolition of Strategic Health Authorities), the definition of “NHS body” in section 206(1) of the National Health Service (Wales) Act 2006( 7 ) is to be read as if it included a reference to a Strategic Health Authority.

Transitory modifications in respect of the commencement of paragraph 43(3) of Schedule 21 to the Act

14. From 1st February 2013 until commencement of—

(a) section 232 of the Act (the National Institute for Health and Care Excellence), article 8(10) of the Health and Personal Social Services (Northern Ireland) Order 1991( 8 ) has effect as if the reference to sub-paragraph (ia), as inserted by paragraph 43(2) of Schedule 21 to the Act, were omitted;

(b) section 252 of the Act (the Health and Social Care Information Centre), article 8(10) of the Health and Personal Social Services (Northern Ireland) Order 1991 has effect as if the reference to sub-paragraph (ib), as inserted by paragraph 43(2) of Schedule 21 to the Act, were omitted; and

(c) section 179 of the Act (abolition of NHS trusts in England), article 8(10) of the Health and Personal Social Services (Northern Ireland) Order 1991 has effect as if the reference to sub-paragraph (gf), as inserted by paragraph 43(2) of Schedule 21 to the Act, was a reference to sub-paragraph (ge), as inserted by that paragraph.

Amendment of article 10 of the Second Commencement Order

15. In article 10 of the Second Commencement Order (saving provision and transitory modification in relation to the commencement of paragraph 1 of Schedule 4 to the Act)—

(a) in paragraph (2), at the beginning insert “Subject to paragraph (2A)”;

(b) in paragraph (2)(b), at the end insert—

“ except insofar as—

(i) that contract is entered into on or after 1st February 2013, and

(ii) under that contract, the services are to be provided as part of the health service on or after 1st April 2013. ” ;

(c) at the end insert—

“ (2A) From 1st February 2013 until the commencement of section 34 of the Act, the power of a clinical commissioning group under section 2 of the 2006 Act includes the power to enter into a commissioning contract under which services are to be provided as part of the health service on or after 1st April 2013. ” .