The National Health Service and Community Care Act 1990 (Commencement No. 6—Amendment, and Transitional and Saving Provisions) Order 1990

Explanatory Note

(This note is not part of the Order)

This Order amends the National Health Service and Community Care Act 1990 (Commencement No. 1) Order 1990 to postpone from 1st January 1991 to 1st October 1991 the coming into force of section 12(4) of the National Health Service and Community Care Act 1990 (“the 1990 Act”) (articles 2(1)(a) and 3), and to defer the coming into force of section 23(4) of the 1990 Act in so far as that subsection repeals words in section 33(5) of the National Health Service Act 1977 which preclude a right of appeal to the Secretary of State where an application for inclusion in a medical list is refused on the ground that the applicant is not suitably experienced or is over the age at which doctors must retire (article 2(1)(b)).

This Order also revokes an earlier transitional provision (article 2(2)), and makes new transitional provision, in connection with the coming into force of section 23 of the 1990 Act as it relates to the determination of applications for inclusion in a medical list and of appeals from such determinations (article 4). Saving provisions are made in connection with the coming into force of section 12(4) of that Act as it relates to the recognition of certain local committees and the approval of the delegation of their functions (article 5).