The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009
1Citation, commencement, extent, application and interpretation
2Appointed day for provisions relating to the dissolution of the CHAI, the CSCI and the MHAC and the functions of the Care Quality Commission
3Appointed day for provisions relating to public health protection
4Appointed day for provisions relating to the abolition of maintenance liability of relatives
5Appointed day for minor and consequential amendments relating to Part 5 of the Act
6Exercise by the Care Quality Commission of powers under section 113A of the 2000 Act
7Suspension of the offence of carrying on a regulated activity while unregistered
8Functions of the CHAI and the CSCI under the 2000 Act
9Functions of the CHAI and the CSCI under the 2003 Act
10Functions under the 1983 Act
11Provision for continuity in the exercise of functions
12Minor and consequential amendments
13Transitory provisions relating to the Health Protection Agency
14Transitory modification relating to section 156 of the Act
15Revocations
SCHEDULE 1Provisions of Part 1 of the Health and Social Care Act 2008 coming into force on 1st April 2009
1Section 1(2).
2Section 1(3) and Schedule 1 insofar as they are not...
3Section 2(2)(b) and (c).
4Section 10 insofar as it is not already in force....
5Section 16.
6Section 17(1), (3) and (4).
7Section 18.
8Section 19.
9Section 26(4) and (5).
10Section 28(4)(c) and (d).
11Sections 29 to 31.
12Section 33.
13Section 34(1) and (5).
14Section 36.
15Sections 38 to 40.
16Section 46 insofar as it is not already in force....
17Section 48.
18Section 50.
19Section 51 except insofar as it relates to a review...
20Sections 52 to 59.
21Section 66 insofar as it relates to the paragraphs of...
22Sections 67 to 71.
23Section 72 except insofar as it relates to a review...
24Section 73.
25Section 74.
26Section 75.
27Section 84.
28Sections 86 and 87.
29Section 89.
30Section 95 insofar as it relates to the paragraphs of...
31Section 96.
32Section 166 insofar as it relates to the repeals and...
33Schedule 3.
34In Schedule 4— (a) paragraph 2, (b) paragraph 4,
35In Schedule 5— (a) paragraph 1, (b) paragraph 7,
36The repeals and revocations in Part 1 of Schedule 15...
SCHEDULE 2Transitory provision in relation to functions of the CHAI and the CSCI under the 2000 Act
1In this Schedule, “the relevant date” means the date for...
2(1) Until the relevant date, the Care Quality Commission shall―...
3Until the relevant date, the 2000 Act and regulations made...
4(1) The 2000 Act will have effect subject to the...
5(1) The regulations specified in paragraph (2) will have effect...
6The Care Standards Act 2000 (Extension of the Application of...
7(1) The Adult Placement Schemes (England) Regulations 2004 will have...
8The Commission for Social Care Inspection (Fees and Frequency of...
9(1) The requirement in the regulations specified in sub-paragraph (2)...
SCHEDULE 3Transitory, transitional and saving provisions in relation to functions of the CHAI and the CSCI under the 2003 Act
1Interpretation etc.
2Annual reviews
3Other reviews and investigations
4Failings
5Studies
6Explanations and statements of action
7Provision of advice to the Secretary of State and Welsh Ministers
8Provision of information to the Comptroller and Auditor General, the Independent Regulator of NHS Foundation Trusts and the Auditor General for Wales
9Arrangements with the Secretary of State for Defence
10Annual accounts
11Reports relating to the exercise of functions during the relevant financial year
12Co-operation with the Auditor General for Wales
13Availability of reports
14Modification of provisions of the 2003 Act
15Section 66(1) of the 2003 Act (right of entry) is...
16Section 67(1) of the 2003 Act (right of entry: supplementary)...
17Section 68(1) of the 2003 Act (power to require documents...
18Section 69(3) of the 2003 Act (failure to comply with...
19Section 69A of the 2003 Act (provision of information by...
20Section 88 of the 2003 Act (right of entry) is...
21Section 89 of the 2003 Act (right of entry: supplementary)...
22Section 90 of the 2003 Act (power to require information,...
23Section 91(3) of the 2003 Act (failure to comply with...
SCHEDULE 4Transitional provision in relation to functions under the 1983 Act
1In this Schedule, “regulatory authority” means— (a) in relation to...
2(1) The appointment by the MHAC of—
3(1) Where a report required to be given to the...
4(1) Where a report required to be given to the...
5Provision made before the appointed day by the Secretary of...
6A review commenced by the MHAC under subsection (1) of...
7Where an arrangement has been made by the MHAC before...
8Where an arrangement was made by the MHAC before the...
9A requirement to produce any records under subsection (4)(b) of...
10(1) Provision made before the appointed day under subsection (6)...
11Where, immediately before the appointed day, a decision fell to...
12On and after the appointed day, a direction made before...
13(1) A report under subsection (10) of section 121 of...
14Section 134A of the 1983 Act shall apply in respect...
15Any direction given by the MHAC before the appointed day...
16It shall be the duty of the Care Quality Commission...
17(1) In this paragraph― “the 1993 Act” means the Health...
SCHEDULE 5Minor and Consequential Amendments
1The Merchant Shipping (Maintenance of Seamen’s Dependants) Regulations 1972
2The National Assistance (Assessment of Resources) Regulations 1992
3The Health Authorities (Membership and Procedure) Regulations 1996
4The National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 1996
5The Public Interest Disclosure (Prescribed Persons) Order 1999
6The Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999
7The Ionising Radiation (Medical Exposure) Regulations 2000
8The Welsh Language Schemes (Public Bodies) Order 2001
9The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002
10The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003
11The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004
12The Race Relations Act 1976 (Statutory Duties) Order 2004
13In Schedule 1 to that Order (bodies and other persons...
14The Health and Social Care Information Centre Regulations 2005
15The Children Act 2004 (Joint Area Reviews) Regulations 2005
16The Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005
17The National Health Service (General Dental Services Contracts) Regulations 2005
18The National Health Service (Personal Dental Services Agreements) Regulations 2005
19The National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006
20The National Health Service (General Dental Services Contracts) (Wales) Regulations 2006
21The Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Order 2006
22In the Schedule to that Order omit “The Commission for...
23The Controlled Drugs (Supervision of Management and Use) Regulations 2006
24The National Assembly for Wales (Disqualification) Order 2006
25The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008
SCHEDULE 6Revocations

This Statutory Instrument has been printed in substitution of the SI of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.

2009 No. 462 (C. 31)

Mental Health, England And Wales
National Health Service
Public Health
Social Care

The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009

Made

Laid before Parliament

Coming into force

for the purpose of article 6

for all other purposes except paragraphs 1 and 2 of Schedule 5

for the purposes of paragraphs 1 and 2 of Schedule 5

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 161(3) and (4), 167(1) and (3) and 170(3) and (4) of the Health and Social Care Act 20081.

In accordance with section 172(3) of the Health and Social Care Act 2008, the Secretary of State has consulted the Welsh Ministers.