Health and Social Care Act 2008

171 The appropriate authority by whom commencement order is made U.K.

(1) This section has effect to determine who is the appropriate authority for the purposes of section 170(3).

(2) Except as provided by subsections (3) to (5), the appropriate authority is the Secretary of State.

(3) In relation to sections 119, 120 and 122 (responsible officers), so far as they relate to Northern Ireland, the appropriate authority is the Department of Health, Social Services and Public Safety in Northern Ireland.

(4) In relation to the following provisions—

[F1 (za) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(a) Part 3 (public health protection), including Schedule 11, and Part 3 of Schedule 15 so far as they relate to Wales (and section 166 so far as it relates to that Part of Schedule 15 in its application to Wales),

(b) section 140 (pharmaceutical services), so far as relating to Part 2 of Schedule 12, together with that Part of that Schedule,

(c) section 141(2) (remuneration for persons providing pharmaceutical services: appointment of determining authorities in relation to Wales),

(d) section 144 (weighing and measuring of children: Wales),

(e) subsections (1) to (7) of section 146 (direct payments in lieu of provision of care services), so far as they relate to Wales,

(f) subsection (8) of that section,

(g) section 147 (abolition of maintenance liability of relatives), Schedule 13 and Part 5 of Schedule 15, so far as they relate to local authorities in Wales (and section 166 so far as relating to Part 5 of Schedule 15 in its application to local authorities in Wales),

(h) section 148 (ordinary residence for certain purposes of National Assistance Act 1948 (c. 29) etc.), so far as relating to Wales, and

(i) the repeals in the National Health Service (Wales) Act 2006 (c. 42) in Part 4 of Schedule 15 (and section 166 so far as relating to those repeals),

the appropriate authority is the Welsh Ministers.

(5) In relation to Part 4 (health in pregnancy grant), the appropriate authority is the Treasury.

Textual Amendments

F1 S. 171(4)(za) inserted (E.W.) (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 48; S.I. 2012/1319, art. 2(4)

F2 S. 171(4)(za) repealed (E.W.) (3.4.2017) by virtue of Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 58(e); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)