2008 No. 2717 (C. 120)
The Health and Social Care Act 2008 (Commencement No. 3) Order 2008
Made
The Secretary of State makes the following Order in exercise of the powers conferred by section 170(3) and (4) of the Health and Social Care Act 20081.
The Secretary of State has consulted the Scottish Ministers in accordance with section 172(1)(b) of that Act.
Citation1
This Order may be cited as the Health and Social Care Act 2008 (Commencement No. 3) Order 2008.
Appointed day for provisions relating to standard of proof in fitness to practise proceedings2
1
3rd November 2008 is the appointed day for the coming into force of section 112 of the Health and Social Care Act 2008 (standard of proof in fitness to practise proceedings), but only for the purposes of new proceedings.
2
For the purposes of paragraph (1), “new proceedings” are all proceedings to which section 60A(1) of the Health Act 19992 applies, except –
a
proceedings under the General Optical Council (Fitness to Practise) Rules 20053 where the Presenting Officer addressed the Fitness to Practise Committee in relation to each allegation in accordance with rule 45 before 3rd November 2008;
b
proceedings under the General Medical Council (Fitness to Practise) Rules 20044 –
i
before a Fitness to Practise Panel where the allegation and the alleged facts were read out by the person acting as secretary in accordance with rule 17(2)(c) before 31st May 2008, or
ii
before the Investigation Committee where the Presenting Officer began to outline the allegation and the facts in accordance with rule 11(7) before 31st May 2008;
c
proceedings under the Nursing and Midwifery Council (Fitness to Practise) Rules 20045 where the Chair of the Committee asked for the charge to be read out in accordance with rule 24(2)(b) before 3rd November 2008;
d
proceedings under the Nurses, Midwives and Health Visitors (Professional Conduct) Rules 19936 where the charge was read in accordance with rule 15(2) before 3rd November 2008;
e
proceedings under the General Dental Council Professional Conduct Committee (Procedure) Rules 19847; and
f
proceedings under the General Dental Council Health Committee (Procedure) Rules 19848.
Signed by authority of the Secretary of State for Health.
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Health and Social Care Act 2008 have been or are being brought into force by commencement orders made before the date of this Order:
Provision | Date of Commencement | S.I.No. |
|---|---|---|
Section 1(1) | 1st October 2008 | |
Section 1(3) (partially) | 1st October 2008 | |
Section 2(1) | 1st October 2008 | |
Sections 3 to 7 | 1st October 2008 | |
Section 9 | 1st October 2008 | |
Section 46(4) to (8) | 1st October 2008 | |
Section 47 | 1st October 2008 | |
Section 66 (partially) | 1st October 2008 | |
Sections 76 to 83 | 1st October 2008 | |
Section 85 | 1st October 2008 | |
Section 88 | 1st October 2008 | |
Section 95 (partially) | 1st October 2008 | |
Section 97 | 1st October 2008 | |
Section 111 (partially) | 1st October 2008 | |
Section 123(3) to (6) | 1st October 2008 | |
Section 127 (partially) | 25th August 2008 | |
Section 142 | 1st October 2008 | |
Section 143 | 1st October 2008 | |
Section 157(1) (partially) | 1st October 2008 | |
Section 157 insofar as not already in force | 1st January 2009 | |
Section 158 | 1st January 2009 | |
Section 160 (partially) | 1st October 2008 | |
Section 160 (partially) | 1st January 2009 | |
Section 166 (partially) | 1st January 2009 | |
Paragraphs 1 to 5 of Schedule 1 | 1st October 2008 | |
Paragraph 6(3) of Schedule 1 | 1st October 2008 | |
Paragraph 6(4) of Schedule 1 (partially) | 1st October 2008 | |
Paragraph 6(6) to 6(8) of Schedule 1 | 1st October 2008 | |
Paragraph 7 of Schedule 1 (partially) | 1st October 2008 | |
Paragraphs 8 to 12 of Schedule 1 | 1st October 2008 | |
Schedule 2 | 1st October 2008 | |
Paragraph 1 of Schedule 4 | 1st October 2008 | |
Paragraph 3 of Schedule 4 | 1st October 2008 | |
Paragraph 5 of Schedule 4 (partially) | 1st October 2008 | |
Paragraphs 7 and 8 of Schedule 4 | 1st October 2008 | |
Paragraph 54(b) of Schedule 5 | 1st October 2008 | |
Paragraph 56(b) of Schedule 5 | 1st October 2008 | |
Paragraph 57(1) of Schedule 5 (partially) | 1st October 2008 | |
Paragraph 57(2)(b) of Schedule 5 | 1st October 2008 | |
Paragraph 58(b) of Schedule 5 | 1st October 2008 | |
Paragraph 59(1) of Schedule 5 (partially) | 1st October 2008 | |
Paragraph 59(2)(b) of Schedule 5 | 1st October 2008 | |
Paragraph 73(b) of Schedule 5 | 1st October 2008 | |
Paragraph 80(b) of Schedule 5 | 1st October 2008 | |
Paragraph 94 of Schedule 5 | 1st October 2008 | |
Paragraph 3 of Schedule 8 (partially) | 1st October 2008 | |
Paragraph 5(4) of Schedule 8 | 1st October 2008 | |
Paragraph 8(a) of Schedule 8 | 1st October 2008 | |
Paragraph 20 of Schedule 10 | 25th August 2008 | |
Paragraph 21 of Schedule 10 (partially) | 25th August 2008 | |
Paragraphs 2 to 4 of Schedule 14 | 1st October 2008 | |
Paragraph 5 of Schedule 14 | 1st January 2009 | |
Part 6 of Schedule 15 | 1st January 2009 |