Citation, interpretation and application1

1

This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 3) (Wales) 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;

  • “concluded” in relation to a case falling within article 2(2) means that the NHS Tribunal has given its decision and—

    1. a

      any period within which an appeal may be made has expired,

    2. b

      an appeal is withdrawn, or

    3. c

      all rights of appeal have been exhausted

    as the case may be;

  • “pharmacist case” means a case before the NHS Tribunal in relation to a person undertaking to provide pharmaceutical services under Part II of the 1977 Act; and

  • “the NHS Tribunal” means the tribunal constituted under section 46 of the 1977 Act.

3

This Order applies to Wales only.

Appointed days in respect of the abolition of the NHS Tribunal2

1

Subject to paragraph (2), 26th August 2002 is the day appointed for the coming into force of each provision of the Act specified in Part I of the Schedule to this Order.

2

The day appointed for the coming into force of each provision of the Act specified in Part I of the Schedule to this Order in relation to cases falling within paragraph (3) is the date 14 days after the date on which the last such case is concluded.

3

For the purposes of paragraph (2) the cases are those—

a

where proceedings in the case (other than a pharmacist case) commenced before the NHS Tribunal under the 1977 Act before 1st July 2002 but the case is not concluded until after 26th August 2002, or

b

in a pharmacist case, where proceedings in the case commenced before the NHS Tribunal before the coming into force of the first regulations made under section 42 of the 1977 Act after the commencement of section 20(6) of the Act.

Appointed day in respect of the Family Health Services Appeal Authority3

1

Subject to paragraph (2), the day appointed for the coming into force of each provision of the Act specified in Part II of the Schedule to this Order is 26th August 2002.

2

Until section 16 of the Act is commenced fully in relation to Wales, each provision of the Act specified in column 1 of Part III of the Schedule to this Order shall take effect subject to the amendment specified in respect of it in column 2 of that Part.

Signed by authority of the Secretary of State for Health

John HuttonMinister of State,Department of Health