Statutory Instruments
1999 No. 2793 (C. 69)
NATIONAL HEALTH SERVICE, ENGLAND
NATIONAL HEALTH SERVICE, WALES
NATIONAL HEALTH SERVICE, SCOTLAND
NATIONAL HEALTH SERVICE, NORTHERN IRELAND
The Health Act 1999 (Commencement No. 5) Order 1999
Made
9th October 1999
The Secretary of State for Health, in exercise of the powers conferred upon him by section 67(1) and (2) of the Health Act 1999(1), and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and interpretation
1.—(1) This Order may be cited as the Health Act 1999 (Commencement No. 5) Order 1999.
(2) In this Order—
“the Act” means the Health Act 1999;
“the 1977 Act” means the National Health Service Act 1977(2).
(3) Subject to paragraphs (4) and (5), this Order extends to England.
(4) Article 2(1)(b) to (d) and (3)(a) extends also to Wales.
(5) Article 2(1)(c) and (d) extends also to Scotland and Northern Ireland.
Appointed days
2.—(1) 1st November 1999 is the day appointed for the coming into force of—
(a)to the extent there specified, each provision of the Act specified in column 1 of Schedule 1 to this Order;
(b)to the extent there specified, each provision of the Act specified in column 1 of Schedule 2 to this Order;
(c)section 25 of the Act;
(d)in Schedule 5 to the Act, the repeal related to section 62 of the National Health Service and Community Care Act 1990(3), and section 65(2) in so far as it relates to that repeal.
(2) 4th January 2000 is the day appointed for the coming into force of sections 18 and 20 of the Act, in so far as they are not already in force, and section 21 of the Act.
(3) 1st April 2000 is the day appointed for the coming into force of—
(a)each provision of the Act specified in column 1 of Schedule 3 to this Order;
(b)sections 9, 26 to 28, 29, in so far as it is not already in force, and 30 to 32 of the Act;
(c)the following paragraphs of Schedule 4 to the Act (amendments of enactments) and section 65(1) of the Act in so far as it relates to those paragraphs—
(i)paragraph 14, in so far as it is not already in force, and paragraph 4 in so far as it relates to that paragraph,
(ii)paragraph 72.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
9th October 1999
Article 2(1)(a)
SCHEDULE 1PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST NOVEMBER 1999 IN RELATION ONLY TO ENGLAND
| (1) | (2) |
|---|---|
| Provisions of the Act | Subject matter |
| Section 18 (except in so far as it relates to Primary Care Trusts) | Duty of quality |
| Section 29(2)(a) and (3) and section 29(1) in so far as it relates to it | Payments by NHS bodies to local authorities |
| Section 39 | Evasion of charges |
| Section 65(1) (in so far as it relates to the paragraphs of Schedule 4 specified below) Schedule 4—
| Amendments of enactments |
Article 2(1)(b)
SCHEDULE 2PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST NOVEMBER 1999 IN RELATION TO ENGLAND AND WALES
| (1) | (2) |
|---|---|
| Provisions of the Act | Subject matter |
| Section 19 | The Commission for Health Improvement |
| Section 20 (except in so far as it relates to Primary Care Trusts) | Functions of the Commission |
| Section 23 | Obtaining of information by the Commission |
| Section 24 | Restrictions on disclosure of information by the Commission |
| Schedule 65(1) (in so far as it relates to the provisions of Schedule 4 specified below) | |
| Schedule 65(2) (in so far as it relates to the provisions of Schedule 5 specified below) | |
| Schedule 2 | The Commission for Health Improvement |
Schedule 4—
| Amendments of enactments |
| In Schedule 5, the repeals related to section 15 of the Health Service Commissioners Act 1993(5) | Repeals |
Article 2(3)(a)
SCHEDULE 3PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST APRIL 2000 IN RELATION TO ENGLAND AND WALES
| (1) | (2) |
|---|---|
| Provisions of the Act | Subject matter |
| Section 41 | High security psychiatric services |
| Section 65(1) (in so far as it relates to the provisions of Schedule 4 specified below) | |
| Section 65(2) (in so far as it relates to the provisions of Schedule 5 specified below) | |
Schedule 4—
| Amendments of enactments |
In Schedule 5, the repeals related to—
| Repeals |
| the Mental Health Act 1983(6) |
Explanatory Note
(This note is not part of the Order)
This Order brings into force further provisions of the Health Act 1999.
Provisions which are brought into force on 1st November 1999 in relation only to England relate to the duty of quality, payments by NHS bodies to local authorities, evasion of charges, and the Health Service Commissioners. Provisions which are brought into force on 1st November 1999 in relation to England and Wales relate to the Commission for Health Improvement. Section 25 (abolition of the Clinical Standards Advisory Group) and related provisions are brought into force on that date in relation to England, Wales, Scotland and Northern Ireland.
Sections 18 (duty of quality) and 20 (functions of the Commission for Health Improvement), in so far as they relate to Primary Care Trusts, and section 21 (arrangements between the Commission for Health Improvement and the Audit Commission) are brought into force in relation to England on 4th January 2000.
Provisions which are brought into force on 1st April 2000 in relation to England and Wales relate to high security psychiatric services. Provisions which are brought into force on that date in relation only to England relate to indemnity cover for services provided under Part II of the National Health Service Act 1977, and partnership between NHS bodies and local authorities (including plans for improving health, payments or arrangements between NHS bodies and local authorities, and the repeal of provisions relating to Joint Consultative Committees).
Note as to Earlier Commencement Orders
(This note is not part of the Order)
The following provisions of the Health Act 1999 have been, or are to be, brought into force by commencement order made before the date of this Order. In addition to the provisions listed below, various provisions of Part II of, and Schedules 4 and 5 to, the Act that extend only to Scotland have been brought into force on 1st October 1999 by the Health Act 1999 (Commencement No. 4) Order 1999, S.S.I. 1999/90 (C. 66).
| Provision | Date of Commencement | S.I. No |
|---|---|---|
| s. 1 as to England | 1.10.99 | 1999/2342 |
| s. 2 as to England | ||
| (partially) | 8.9.99 | 1999/2342 |
| (remainder) | 4.1.00 | 1999/2342 |
| s. 3 as to England | 1.4.00 | 1999/2342 |
| s. 4 as to England | ||
| (partially) | 1.9.99 | 1999/2342 |
| (remainder) | 1.4.00 | 1999/2342 |
| s. 5 as to England (partially) | 4.1.00 | 1999/2342 |
| s. 6(1) as to England | 4.1.00 | 1999/2342 |
| s. 7 as to England | 4.1.00 | 1999/2342 |
| s. 8 as to England | 1.9.99 | 1999/2342 |
| s. 11 as to England | 1.9.99 | 1999/2342 |
| s. 12 as to England | ||
| (partially) | 1.9.99 | 1999/2342 |
| (remainder) | 4.1.00 | 1999/2342 |
| ss. 13 and 14 as to England | 1.10.99 | 1999/2540 |
| ss. 15 to 17 as to England | 1.9.99 | 1999/2342 |
| s. 33(1) to (6) (partially) | 1.9.99 | 1999/2177 |
| s. 34 (partially) | 3.8.99 | 1999/2177 |
| (remainder) | 1.11.99 | 1999/2177 |
| s. 36 (partially) | 3.8.99 | 1999/2177 |
| s. 37 (partially) | 3.8.99 | 1999/2177 |
| s. 37(1) to (9) (remainder) | 1.11.99 | 1999/2177 |
| s. 38 (partially) | 3.8.99 | 1999/2177 |
| (partially) | 1.9.99 | 1999/2177 |
| (partially) | 1.11.99 | 1999/2177 |
| ss. 42 to 44 as to England and Wales | 1.10.99 | 1999/2540 |
| s. 62 | 3.8.99 | 1999/2177 |
| s. 63 | 3.8.99 | 1999/2177 |
| s. 64 | 3.8.99 | 1999/2177 |
| s. 65(1) | ||
| as to England (partially) | 1.9.99 | 1999/2342 |
| as to England (partially) | 1.10.99 | 1999/2540 |
| as to England and Wales (partially) | 4.1.00 | 1999/2342 |
| as to England and Wales (partially) | 1.4.00 | 1999/2342 |
| s.65(2) as to England (partially) | 1.10.99 | 1999/2540 |
| Schedule 1 | ||
| as to England (partially) | 8.9.99 | 1999/2342 |
| as to England (partially) | 4.1.00 | 1999/2342 |
| as to England (remainder) | 1.4.00 | 1999/2342 |
| Schedule 4 (as to England unless otherwise specified)— | ||
| paragraphs 1 and 3 | 4.1.00 | 1999/2342 |
| paragraph 4 (partially) | 1.9.99 | 1999/2342 |
| (partially) | 4.1.00 | 1999/2342 |
| (partially) | 1.4.00 | 1999/2342 |
| paragraph 5 | 4.1.00 | 1999/2342 |
| paragraph 6 | 1.9.99 | 1999/2342 |
| paragraph 7 | 4.1.00 | 1999/2342 |
| paragraph 8 (partially) | 1.10.99 | 1999/2540 |
| paragraph 9 (partially) | 1.9.99 | 1999/2342 |
| (remainder) | 4.1.00 | 1999/2342 |
| paragraphs 10 and 11 | 4.1.00 | 1999/2342 |
| paragraph 12 (partially) | 1.9.99 | 1999/2342 |
| (remainder) | 4.1.00 | 1999/2342 |
| paragraph 13 | 4.1.00 | 1999/2342 |
| paragraph 15 | 1.10.99 | 1999/2540 |
| paragraph 23 | 4.1.00 | 1999/2342 |
| paragraph 24 | 1.9.99 | 1999/2342 |
| paragraph 25 | 4.1.00 | 1999/2342 |
| paragraph 26 | 1.9.99 | 1999/2342 |
| paragraph 27 (partially) | 1.10.99 | 1999/2549 |
| (partially) | 4.1.00 | 1999/2342 |
| paragraphs 28 and 29 | 4.1.00 | 1999/2342 |
| paragraph 30 (partially) | 1.9.99 | 1999/2342 |
| (remainder) | 4.1.00 | 1999/2342 |
| paragraph 31 (partially) | 1.9.99 | 1999/2342 |
| (remainder) | 1.4.00 | 1999/2342 |
| paragraph 32 | 1.9.99 | 1999/2342 |
| paragraph 33 | 1.4.00 | 1999/2342 |
| paragraph 34 (partially) | 1.9.99 | 1999/2342 |
| (remainder) | 4.1.00 | 1999/2342 |
| paragraph 35 | 1.4.00 | 1999/2342 |
| paragraph 37 (partially) | 1.9.99 | 1999/2342 |
| (remainder) | 4.1.00 | 1999/2342 |
| paragraph 38 (partially) | 1.9.99 | 1999/2342 |
| (partially) | 4.1.00 | 1999/2342 |
| paragraph 39 | 1.9.99 | 1999/2342 |
| paragraph 40 | 4.1.00 | 1999/2342 |
| paragraph 71 (partially) | 1.10.99 | 1999/2540 |
| (remainder) | 4.1.00 | 1999/2342 |
| paragraph 73 as to England and Wales | 1.4.00 | 1999/2342 |
| paragraph 74 (partially) | 1.9.99 | 1999/2342 |
| as to England and Wales (partially) | 4.1.00 | 1999/2342 |
| as to England and Wales (partially) | 1.4.00 | 1999/2342 |
| paragraph 75 | 1.9.99 | 1999/2342 |
| paragraph 76 (partially) | 1.9.99 | 1999/2342 |
| as to England and Wales (partially) | 4.1.00 | 1999/2342 |
| paragraphs 77, 78 and 79 | 4.1.00 | 1999/2342 |
| paragraph 81 (partially) | 4.1.00 | 1999/2342 |
| paragraph 82 as to England and Wales | 1.4.00 | 1999/2342 |
| paragraph 83 (partially) | 1.9.99 | 1999/2342 |
| (partially) | 1.10.99 | 1999/2540 |
| (remainder) | 4.1.00 | 1999/2342 |
| paragraph 84 | 1.9.99 | 1999/2342 |
| paragraph 85 (partially) | 1.10.99 | 1999/2540 |
| as to England and Wales (partially) | 4.1.00 | 1999/2342 |
| paragraph 86 as to England and Wales | 1.4.00 | 1999/2342 |
| paragraph 87 | 4.1.00 | 1999/2342 |
| paragraph 88 (partially) | 1.9.99 | 1999/2342 |
| (partially) | 1.10.99 | 1999/2540 |
| (remainder) | 4.1.00 | 1999/2342 |
| paragraph 89 | 4.1.00 | 1999/2342 |
| paragraph 90 (partially) | 1.10.99 | 1999/2540 |
| Schedule 5 as to England (partially) | 1.10.99 | 1999/2540 |
1999 c. 8. The power of the Secretary of State under section 67 of the Act to appoint a day for the coming into force in relation to Wales of any of the provisions referred to in section 66(2) of the Act is exercisable instead by the National Assembly for Wales by virtue of that subsection.
1990 c. 19. Section 62 was amended by article 7(7) of the Health and Personal Social Services (Northern Ireland Consequential Amendments) Order 1991 (S.I. 1991/195 (N.I.)), so as to extend the Clinical Standards Advisory Group’s functions to Northern Ireland.
Subsection (2A) is inserted by section 29(3) of the Health Act 1999 (c. 8), which is brought into force by article 2(1)(d) of this Order.
1993 c. 46. Section 15 was amended by section 11 of the Health Service Commissioners (Amendment) Act 1996 (c. 5).