The Health and Social Care Act 2012 (Commencement No. 5, Transitional, Savings and Transitory Provisions) Order 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Health and Social Care Act 2012 (c. 7) (“the Act”). It is the fifth such Order to be made under the Act.

Article 2(2) brings into force section 172(4) and (5)(b) immediately before the coming into force of section 173 of the 2012 Act (which is commenced on 1st April 2013 by article 2(3)).

Article 2(2) brings into force the following provisions of the Act on 1st April 2013—

(a) the remainder of section 66, which prescribes matters which Monitor is to have regard to in the exercise of its functions;

(b) the remainder of sections 67 and 68 and the whole of section 69, which impose obligations on Monitor in relation to managing conflicts between its general duties and between certain of its functions, reviewing regulatory burdens and carrying out impact assessments;

(c) the remainder of section 74, which makes supplementary provision in relation to the competition functions of Monitor;

(d) sections 81 (partially), 82, 85 to 87 (partially), 88 (partially), 89, 90 (partially), 91 (partially), 92 (partially) and 93 which relate to the licensing of NHS foundation trusts to provide health care services for the purposes of the NHS;

(e) sections 94 (remainder), 95 (partially), 97 (remainder), 98 (remainder), 99, 102 and 103 (partially) which relate to the conditions of licences to provide health care services for the purposes of the NHS;

(f) section 104 (partially) which relates to Monitor’s power to require documents and information;

(g) sections 105 (partially), 106 (partially), 108, 109 and 110 and Schedule 11 (partially) which relate to Monitor’s powers of enforcement of the licensing regime for providers of health care services for the purposes of the NHS;

(h) sections 111 to 114 which make transitional provision in relation to the introduction of the licensing regime for providers of health care services for the purposes of the NHS as it applies to NHS foundation trusts;

(i) the remainder of section 148 which relates to the service of documents under Part 3 of the Act;

(j) sections 156 (partially), 159 (partially), 163 (partially), 164 (remainder), 168 to 171, 172 (remainder) and 173 (remainder) which relate to NHS foundation trusts; and

(k) section 289 (partially), which amends section 70 of the Health and Social Care Act 2008 (c. 14) to make changes to the duty of co-operation between the Care Quality Commission and Monitor.

Article 2(4) brings into force the following provisions of the Act on 1st July 2013—

(a) sections 95 (remainder), 96 (partially), 100 (remainder), 101 (remainder) and 103 (remainder) which relate to the conditions of licences to provide health care services for the purposes of the NHS; and

(b) section 105 (partially) and the remainder of section 107 and Schedule 11 which relate to Monitor’s powers of enforcement of the licensing regime for providers of health care services for the purposes of the NHS.

Article 2(5) brings into force, on 1st September 2013, sections 120 to 123 of the Act and Schedule 12 to the Act, which relate to Monitor’s functions in relation to the pricing of health care services for the purposes of the NHS, insofar as they relate to consultation on a tariff to be published by Monitor under section 116 of the Act.

Article 3 makes transitory modification to section 32 of the National Health Service Act 2006 (c. 41), which by virtue of paragraph 10(2) of Schedule 13 to the Act continues to have effect until the commencement of section 179 of the Act (abolition of NHS trusts in England), as from 1st April 2013 section 3 of the National Health Service Act 2006 (relating to the provision of certain health services) will place duties on clinical commissioning groups instead of the Secretary of State.

Article 4 makes transitory modification to section 91(2) of the Act in order to omit references to “applicant” until section 85 of the Act (application for licence) comes fully into force.

Article 5 makes transitory modifications to section 95 of the Act (special conditions) from 1st April 2013 to the time that it comes fully into force, as the power to modify a special condition of a licence will not apply until section 95 comes fully into force.

A full impact assessment has not been produced for this instrument as this Order itself has no impact on the private sector or civil society organisations. A full Impact Assessment has been produced in relation to the provisions of the Act, including provisions that are commenced by this Order, and a copy is available at http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/DH_123583.