2002 No. 1095 (C.26)

MEDICINES
NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Health and Social Care Act 2001 (Commencement No. 8) Order 2002

Made

The Secretary of State for Health, in exercise of the powers conferred on him by sections 64(6) and (8) and 70(2) of the Health and Social Care Act 20011 and all other powers enabling him in that behalf, hereby makes the following Order:

Citation, interpretation and extent1

1

This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 8) Order 2002.

2

In this Order—

  • “the Act” means the Health and Social Care Act 2001;

  • “the 1977 Act” means the National Health Service Act 19772;

  • “the 1997 Act” means the National Health Service (Primary Care) Act 19973.

3

Article 2(1) extends to England, Wales, Scotland and Northern Ireland.

4

Article 2(2) extends to England and Wales.

5

Article 2(3) extends to England and, except where otherwise specified in the Schedule to this Order, to Wales.

6

Article 2(4) to (7) extends to England only.

Appointed days2

1

The day appointed for the coming into force of section 63 of the Act is—

a

for the purpose of making orders, 6th March 2002, and

b

for all other purposes, 1st April 2002.

2

The day appointed for the coming into force of section 15 of the Act is—

a

for the purpose of making regulations, 8th March 2002, and

b

for all other purposes, 1st April 2002.

3

The day appointed for the coming into force of each provision of the Act specified in column 1 of the Schedule to this Order is 1st April 2002.

4

The day appointed for the coming into force of sections 28 to 39, and 41 of, and Schedule 2 to, the Act is 8th March 2002.

5

The day appointed for the coming into force of section 42 of the Act is—

a

for the purpose of making regulations, 8th March 2002, and

b

for all other purposes, 1st April 2002.

6

The day appointed for the coming into force of section 43 of the Act is 1st April 2002.

7

The day appointed for the coming into force of section 26(2) of the Act is 31st May 2002.

Transitional Provisions for Certificates given under Schedule 10 to the 1977 Act3

Where before 1st April 2002 any person has asked the Medical Practices Committee for a certificate under paragraph 1(2) of Schedule 10 to the 1977 Act (prohibition, and certificate of Medical Practices Committee) and the application has not been determined by that date, that application shall have effect as if it were an application made to the Secretary of State.

Signed by authority of the Secretary of State for Health

John HuttonMinister of State,Department of Health

SCHEDULEPROVISIONS OF THE ACT COMING INTO FORCE ON 1st APRIL 2002 for ENGLAND AND, UNLESS OTHERWISE SPECIFIED, WALES

Article 2(3)

Column 1

Column 2

Provisions of the Act

Subject matter

Section 14

Abolition of Medical Practices Committee and amendment of Schedule 10 to the 1977 Act

Section 19, but not as respects Wales

Enhanced criminal records certificates

Section 67(1) in so far as it relates to the provisions of Schedule 5 specified below

Section 67(2) in so far as it relates to the provisions of Schedule 6 specified below

Paragraphs 2 (but not as respects Wales), 5(2), (5), (6), (7)(a) and (b) (but not as respects Wales), (7)(c), (9), (10)(a) and 11(3) (but not as respects Wales) of Schedule 5

Minor and consequential amendments

In Schedule 6, the repeals relating to—

  • sections 7, 33(1B), 34, 85(1)(d), 100(1)(c) and 102 of the 1977 Act;

  • Schedule 2 to the Parliamentary Commissioners Act 1967;

  • section 115 of the Police Act 1997.

Repeals

(This note is not part of the Order)

This Order is the eighth Commencement Order made under the Health and Social Care Act 2001 (“the 2001 Act”) and brings into force certain provisions of that Act.

Section 63 of the 2001 Act, which relates to the extension of prescribing rights, is brought into force partially on 6th March 2002 and fully on 1st April 2002 for England, Wales, Scotland and Northern Ireland.

Section 15 of the 2001 Act, which amends section 29B of the 1977 Act (which provides for regulations about the filling of GP vacancies), is brought into force partially on 8th March 2002 and fully on 1st April 2002 for England and Wales.

The provisions set out in Schedule 1, which relate to the abolition of the Medical Practices Committee and enhanced criminal record certificates, are brought into force on 1st April 2002 for England and, unless otherwise specified in that Schedule, Wales. Article 3 of this Order makes transitional provision for certificates given by the Medical Practices Committee under Schedule 10 to the 1977 Act.

Sections 28 to 39, 41 and 43 of, and Schedule 2 of the 2001 Act (which relate to local pharmaceutical schemes) are brought into force on 8th March 2002 for England only.

Section 42 of the 2001 Act, which substitutes a new section 41 in the National Health Service Act 1977 (arrangements for pharmaceutical services), is brought into force partially on 8th March and fully on 1st April 2002 for England only.

Section 43 of the 2001 Act, which makes amendments to the 1977 Act regarding the remote provision of pharmaceutical services, is brought into force on 1st April 2002 for England only.

Section 26(2) of the 2001 Act, which inserts a new section 8ZA into the National Health Service Act 1977 (lists of persons who may perform personal medical services or personal dental services), is brought into force on 31st May 2002 for England only.

(This note is not part of the Order)

Provision

Date of Commencement

S.I.No.

Section 1 (partially)

22nd October 2001

2001/3619

Section 3

1st August 2001

2001/2804

Section 4

1st August 2001

2001/2804

Section 6

1st October 2001

2001/3294

Section 13

1st August 2001

2001/2804

Section 16

Day referred to in article 2(4) and (5) of 2001/3738

2001/3738

Section 17

14th December 2001

2001/3738

Section 20(1) to (5) (partially)

22nd November 2001

2001/3738

Section 21

22nd November 2001

2001/3738

Section 22

22nd November 2001

2001/3738

Section 24

22nd November 2001

2001/3738

Section 25 (partially)

22nd November 2001

2001/2738

Section 27 (partially)

14th December 2001

2001/3738

Section 27 (partially)

1st October 2001

2001/3294

Section 27 (remainder)

1st December 2001

2001/3294

Section 45

19th December 2001

2001/4149

Section 46 (partially)

1st August 2001

2001/2804

Section 46 (remainder)

19th December 2001

2001/4149

Section 47

1st August 2001

2001/2804

Section 48

1st August 2001

2001/2804

Section 4

1st August 2001

2001/2804

Section 49 (partially)

1st October 2001

2001/3752

Section 50(1)

8th April 2002

2001/3752

Section 50(2) to (7), (8) (remainder), (10) in England

20th December 2001

2001/3752

Section 51

8th November 2001

2001/3752

Section 52

8th November 2001

2001/3752

Section 53

1st October 2001

2001/3167

Section 54 (partially)

1st October 2001

2001/3167

Section 55 (partially)

1st October 2001

2001/3167

Section 67(1) (partially)

1st October 2001

2001/3294