2. For paragraph (3) of article 3 of the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No.3) Order 2004(1) (appointed days for provisions relating to the Commission for Healthcare Audit and Inspection), substitute—
“(3) 1st April 2006 is the appointed day for the coming into force of—
(a)section 50(1) of the 2003 Act for the purpose of the conduct of a review and the award of a performance rating in relation to an excepted NHS trust; and
(b)section 50(4) of the 2003 Act.
(4) 1st April 2007 is the appointed day for the coming into force of section 50(1) of the 2003 Act for the purpose of the conduct of a review and the award of a performance rating in relation to a Special Health Authority performing functions only or mainly in respect of England.
(5) Subject to paragraph (6), 1st April 2008 is the appointed day for the coming into force of section 50(1) of the 2003 Act for the purpose of the conduct of a review and the award of a performance rating in relation to a cross-border SHA(2).
(6) Paragraph (5) shall not apply to the conduct of a review of and the award of a performance rating to—
(a)the Mental Health Act Commission(3); or
(b)NHS Blood and Transplant(4), insofar as it is performing functions in respect of Wales.”.
Under section 148 of the Health and Social Care (Community Health and Standards) Act 2003, a cross-border SHA is defined as a Special Health Authority not performing functions only or mainly in respect of England or only or mainly in respect of Wales.
See section 121of the Mental Health Act 1983 (c. 20).
As established by S.I. 2005/2529.