2005 No. 38 (C.1)
CHILDREN AND YOUNG PERSONS, ENGLAND
NATIONAL HEALTH SERVICE, ENGLAND

The Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 5) Order 2005

Made
The Secretary of State for Health, in exercise of the powers conferred upon him by sections 195(1)(b) and 199(1) and (3) of the Health and Social Care (Community Health and Standards) Act 20031, hereby makes the following Order:—

Citation1.

(1)

This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 5) Order 2005.

(2)

In this Order—

(a)

the Act” means the Health and Social Care (Community Health and Standards) Act 2003; and

(b)

“the 2000 Act” means the Freedom of Information Act 20002.

(3)

This Order applies to England only.

Appointed day2.

17th January 2005 is the appointed day for the coming into force of the following provisions of the Act

(a)

section 117(1) for the purpose only of the exercise of the power to make regulations;

(b)

section 117(2);

(c)

paragraph 68 of Schedule 11, and section 184 in so far as it relates to that provision; and

(d)

Part 4 of Schedule 14 in so far as it relates to—

(i)

paragraph 44 of Schedule 1 to the 2000 Act, and

(ii)

paragraph 45 of Schedule 1 to the 2000 Act in so far as that paragraph relates to personal medical services,

and section 196 in so far as it relates to those provisions.

Transitional provisions applying in respect of the 2000 Act until the coming into force of section 172(1) of the Act3.

Until the coming into force of section 172(1) of the Act in relation to general dental services contracts, the following transitional provisions shall apply in respect of Schedule 1 to the 2000 Act

(a)

paragraph 43A shall be read as if the words “or primary dental services” and “section 28K or” were omitted; and

(b)

paragraph 44 of Schedule 1 shall be read as if the words “general dental services,” were inserted before the words “general ophthalmic”.

Signed by authority of the Secretary of State for Health

Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
(This note is not part of the Order)

This Order is the fifth commencement order under the Health and Social Care (Community Health and Standards) Act 2003 (“the Act”).

Article 2 commences the following provisions of the Act with effect from 17th January 2005—

  • section 117(1), for the purpose only of making regulations;

  • section 117(2); and

  • consequential amendments and repeals to the Freedom of Information Act 2000 relating to information about the provision of primary and general medical services and, subject to article 3, dental services.

Article 3 makes transitional provision in respect of the Freedom of Information Act 2000, which will apply until the commencement of provisions in the Act relating to primary and general dental services.

(This note is not part of the Order)

The provisions of the Health and Social Care (Community Health and Standards) Act 2003 listed in the table below have been brought into force by a commencement order made before the date of this Order. Except where indicated, the provision has been commenced in relation to England and Wales.

Provision

Date of Commencement

S.I.No.

Section 1

1.4.2004

2004/759

Sections 2 to 4

1.1.2004

2003/3346

Sections 5 to 20

1.4.2004

2004/759

Sections 22 to 35

1.4.2004

2004/759

Section 36

1.1.2004

2003/3346

Sections 37 to 39

1.4.2004

2004/759

Section 40

1.1.2004

2003/3346

Section 41

8.1.2004

2003/3346

Section 42

1.1.2004

2003/3346

Section 43

11.3.2004

2004/759

Sections 44 to 46

1.4.2004

2004/759

Sections 48 and 49

1.4.2004

2004/759

Section 50(1)

1.4.2004 (partially) and 1.4.2006 (remainder)

2004/759

Section 50(2) and (3)

1.4.2005

2004/759

Section 50(4)

1.4.2006

2004/759

Section 50(5)

1.4.2004

2004/759

Section 51(1) to (3), (5) and (6)

1.4.2004

2004/759

Section 51(4)

1.4.2005

2004/759

Section 52(1) to (4), (6) and (7)

1.4.2004

2004/759

Section 52(5)

1.4.2005

2004/759

Section 53

1.4.2004 (remainder)

2004/759

Sections 54 to 56

1.4.2004

2004/759

Section 57

1.4.2004 (remainder)

2004/759

Sections 60 and 61

1.4.2004

2004/759

Sections 64 to 68

1.4.2004

2004/759

Sections 76 to 84

1.4.2004

2004/759

Sections 87 to 91

1.4.2004

2004/759

Sections 102 to 104

1.4.2004

2004/759

Section 106

1.4.2004

2004/759

Section 108

1.4.2004

2004/759

Sections 110 and 111

1.4.2004

2004/759

Section 112

11.3.2004

2004/759

Sections 118 and 119

1.6.2004

2004/759

Sections 120 and 121

1.4.2004

2004/759

Sections 123 to 141

1.4.2004

2004/759

Section 146

1.4.2004

2004/759

Section 147 as to England

1.1.2004 (partially)

2003/3346

Section 147

8.1.2004 (partially)

2003/3346

Section 147

11.3.2004 (partially), 1.4.2004 (partially) and 1.6.2004 (partially)

2004/759

Section 148

1.1.2004

2003/3346

Section 174 as to England

1.3.2004 (partially) and 1.4.2004 (remainder)

2004/288 as amended by 2004/866

Section 175(1) as to England

3.2.2004 (partially)

2004/288

Section 175(1)

1.3.2004

2004/288

Section 175 as to England

1.4.2004 (remainder)

2004/288

Section 176 as to England

3.2.2004

2004/288

Section 177(1) and (2) as to England

3.2.2004 (partially) and 1.3.2004 (partially)

2004/288

Section 177(3) to (11) as to England

1.3.2004 (partially)

2004/288

Section 177(12) as to England

1.4.2004 (partially)

2004/288

Section 178 as to England

1.4.2004 (partially)

2004/288

Section 179(1) as to England

3.2.2004 (partially)

2004/288

Section 179(2) as to England

3.2.2004

2004/288

Section 180 as to England

1.3.2004 (partially)

2004/288

Section 184 as to England

3.2.2004 (partially), 1.3.2004 (partially) and 1.4.2004 (partially)

2004/288

Section 187

19.10.04

2004/2626

Section 188

19.10.04

2004/2626

Section 189(1)

1.4.2004

2004/759

Section 196 as to England

1.3.2004 (partially) and 1.4.2004 (partially)

2004/288

Section 196

1.4.2004 (partially)

2004/759

Schedule 1

1.4.2004

2004/759

Schedule 2

1.1.2004

2003/3346

Schedules 3 to 5

1.4.2004

2004/759

Schedule 6

8.1.2004

2003/3346

Schedule 7

1.1.2004

2003/3346

Schedule 8

11.3.2004

2004/759

Schedule 9

Paragraph 1

1.1.2004 (partially) and 8.1.2004 (partially)

2003/3346

Paragraph 2

1.4.2004

2004/759

Paragraphs 3 and 5 to 8

1.1.2004 (partially) and 8.1.2004 (partially)

2003/3346

Paragraph 9

1.6.2004

2004/759

Paragraph 10

1.4.2004

2004/759

Paragraph 11

1.6.2004

2004/759

Paragraph 12

1.4.2004

2004/759

Paragraph 14

1.4.2004

2004/759

Paragraph 16

11.3.2004 (partially) and 1.4.2004 (remainder)

2004/759

Paragraphs 17 to 22

1.4.2004

2004/759

Paragraph 23(a)

1.4.2004

2004/759

Paragraph 23(b)

11.3.2004 (partially)

2004/759

Paragraphs 24 to 26

1.4.2004

2004/759

Paragraph 27

11.3.2004 (partially) and 1.4.2004 (remainder)

2004/759

Paragraphs 28 to 30

1.4.2004

2004/759

Paragraph 31

1.1.2004 (partially) and 8.1.2004 (partially)

2003/3346

Paragraph 32

1.4.2004

2004/759

Schedule 11

Paragraph 1 as to England

1.4.2004

2004/288

Paragraph 2 as to England

1.4.2004 (partially)

2004/288

Paragraph 3(1), (2)(a) and (3) to (5) as to England

1.4.2004 (partially)

2004/288

Paragraphs 4 to 6 as to England

1.4.2004

2004/288

Paragraph 7 as to England

3.2.2004 (partially), 1.3.2004 (partially) and 1.4.2004 (partially)

2004/288

Paragraph 9 as to England

1.4.2004

2004/288

Paragraphs 12 and 13 as to England

1.4.2004

2004/288

Paragraphs 14 to 17 as to England

1.3.2004 (partially)

2004/288

Paragraph 20 as to England

1.4.2004 (partially)

2004/288

Paragraph 21(1) and (3) as to England

1.4.2004 (partially)

2004/288

Paragraph 22 as to England

1.4.2004 (partially)

2004/288

Paragraph 23 as to England

3.2.2004 (partially) and 1.4.2004 (partially)

2004/288

Paragraph 24(a) as to England

1.4.2004

2004/288

Paragraph 25 as to England

1.4.2004

2004/288

Paragraph 26 as to England

11.3.2004 (partially)

2004/759

Paragraph 26 as to England

1.4.2004 (remainder)

2004/288

Paragraph 27 as to England

1.4.2004

2004/288

Paragraph 36(a) as to England

1.4.2004

2004/288

Paragraph 37 as to England

1.4.2004

2004/288

Paragraph 38 as to England

3.2.2004

2004/288

Paragraph 39 as to England

3.2.2004 (partially)

2004/288

Paragraphs 42 to 44 as to England

1.4.2004

2004/288

Paragraphs 45 and 46 as to England

1.4.2004 (partially)

2004/288

Paragraphs 47 to 49 as to England

1.4.2004

2004/288

Paragraphs 51 and 52 as to England

1.4.2004

2004/288

Paragraph 53 as to England

1.4.2004 (partially)

2004/288

Paragraphs 55 to 59 as to England

1.4.2004

2004/288

Paragraph 60 as to England

1.4.2004 (partially)

2004/288

Paragraphs 62 and 63 as to England

1.4.2004

2004/288

Paragraphs 65 and 67(a) as to England

1.4.2004

2004/288

Paragraph 69 as to England

1.4.2004 (partially)

2004/288

Paragraphs 70, 71, 73 and 74 as to England

1.4.2004

2004/288

Schedule 12

19.10.04

2004/2626

Schedule 14 as to England

1.3.2004 (partially) and 1.4.2004 (partially)

2004/288

Schedule 14

1.4.2004 (partially)

2004/759