The Health and Social Care Act 2001 (Commencement No. 9) Order 2002

Statutory Instruments

2002 No. 1312 (C. 36)

CHRONICALLY SICK AND DISABLED PERSONS

SOCIAL CARE

The Health and Social Care Act 2001 (Commencement No. 9) Order 2002

Made

14th April 2002

The Secretary of State for Health, in exercise of the powers conferred upon him by section 70(2) of the Health and Social Care Act 2001(1), hereby makes the following Order:

Citation, interpretation and extent

1.—(1) This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 9) Order 2002.

(2) In this Order—

“the Act” means the Health and Social Care Act 2001.

(3) Article 2 of this Order extends to England and Scotland only(2).

(4) Article 3(a) and (c) of this Order extend to England and Wales only(3).

(5) Article 3(b) and (d) of this Order extend to Scotland only.

(6) Article 3(e) of this Order extends to England, Scotland and Wales.

Appointed day in respect of section 62 of the Act

2.  15th April 2002 is the appointed day for the coming into force of section 62 of the Act.

Appointed day in respect of section 67(2) of, and Schedule 6, to the Act

3.  15th April 2002 is the appointed day for the coming into force of subsection (2) of section 67 of, and Part 3 of Schedule 6 to, the Act in respect of the repeal of—

(a) section 26A of the National Assistance Act 1948(4);

(b) section 86A of the Social Work (Scotland) Act 1968(5);

(c) section 43 of the National Health Service and Community Care Act 1990(6);

(d) section 57 of the National Health Service and Community Care Act 1990; and

(e) section 135(3) and (4) of the Social Security Contributions and Benefits Act 1992(7).

Signed by authority of the Secretary of State for Health

Jacqui Smith

Minister of State,

Department of Health

14th April 2002

Explanatory Note

(This note is not part of the Order)

This Order is the ninth Commencement Order under the Health and Social Care Act 2001 (“the Act”).

Article 2 brings into force, in relation to England and Scotland, section 62 of the Act.

Article 3 brings into force the provisions effecting the repeal of certain enactments specified in Schedule 6 to the Act.

Note as to Earlier Commencement Orders

(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 14	1st April 2002	2002/1095
Section 15 (partially)	8th March 2002	2002/1095
Section 15	1st April 2002	2002/1095
Section 16	Day referred to in article 2(4) and (5) of 2001/3738	2001/3738
Section 17	14th December 2001	2001/3738
Section 19	1st April 2002	2002/1095
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	2001/3738
Section 27 (partially)	14th December 2001	2001/3738
Section 27 (partially)	1st October 2001	2001/3294
Section 27	1st December 2001	2001/3294
Section 45	19th December 2001	2001/4149
Section 46 (partially)	1st August 2001	2001/2804
Section 46	19th December 2001	2001/4149
Section 47	1st August 2001	2001/2804
Section 48, Schedule 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), (10)	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 63 (partially)	6th March 2002	2002/1095
Section 63	1st April 2002	2002/1095
Section 67(1) (partially), Schedule 5, paragraphs 3, 5 (partially), and 10	1st October 2001	2001/3294
Section 67(1) (partially), Schedule 5, paragraphs 5 (partially), and 15 (partially)	22nd October 2001	2001/3619
Section 67(1) (partially), Schedule 5 (partially)	1st December 2001	2001/3294
Section 67(1) (partially), Schedule 5, paragraphs 5(4) and (14) (partially) and 12(1) and (2)	14th December 2001	2001/3738
Section 67(1) (partially), Schedule 5, paragraph 5(4) and (14) (partially)	22nd December 2001	2001/3738
Section 67(1) (partially), Schedule 5, paragraphs 2, 5(2), (5), (6), (7)(a) and (b), (7)(c), (9), (10)(a) and 11(3)	1st April 2002	2002/1095
Section 67(1) (partially), Schedule 5, paragraph 5(8) and (16)	Day referred to in article 2(4) and (5) of S.I. 2001/3738	2001/3738
Section 67(2) (partially), Schedule 6 (partially)	14th December 2001	2001/3738
Section 67(2) (partially), Schedule 6 (partially)	Day referred to in article 2(4) and (5) of S.I. 2001/3738	2001/3738
Section 67(2) (partially), Schedule 6 (partially)	1st April 2002	2002/1095

(1)

2001 c. 15.

(2)

See the Health and Social Care Act 2001 (“the 2001 Act”), section 70(3)(c) for the definition of “relevant authority” in relation to, and section 70(8) for the extent of, section 62 of that Act.

(3)

See the 2001 Act, section 70(3) for the definition of relevant authority in relation to, and section 70(8) for the extent of the repeals made by section 67(2) of and Schedule 6 to the 2001 Act.

(4)

1948 c. 29; section 26A was inserted by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”).

(5)

1968 c. 49; section 86A was inserted by section 57 of the 1990 Act.

(6)

1990 c. 19.

(7)

1992 c. 4.