The Health and Social Care Act 2012 (Commencement No.3, Transitional, Savings and Transitory Provisions and Amendment) Order 2012

Statutory Instruments

2012 No. 2657 (C. 107)

Healthcare And Associated Professions

National Health Service

Social Care

The Health and Social Care Act 2012 (Commencement No.3, Transitional, Savings and Transitory Provisions and Amendment) Order 2012

Made

22nd October 2012

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 304(10) and 306 of the Health and Social Care Act 2012(1).

In accordance with section 307 of that Act(2), the Secretary of State has consulted the Scottish Ministers.

Citation and interpretation

1.—(1) This Order may be cited as the Health and Social Care Act 2012 (Commencement No.3, Transitional, Savings and Transitory Provisions and Amendment) Order 2012.

(2) In this Order—

“the Act” means the Health and Social Care Act 2012;

“the 2006 Act” means the National Health Service Act 2006(3);

“the Second Commencement Order” means the Health and Social Care Act 2012 (Commencement No.2 and Transitional, Savings and Transitory Provisions) Order 2012(4).

Commencement of provisions

2.—(1) Insofar as they are not already in force(5), the following provisions of the Act shall come into force in accordance with this Order.

(2) 1st November 2012 is the day appointed for the coming into force of—

section 61(2) and Schedule 8 (Monitor);

section 62 (general duties of Monitor), except subsection (6)(b) and except insofar as it relates to Monitor’s functions under Chapter 5 of the 2006 Act;

section 63 (Secretary of State’s guidance on Monitor’s duty under section 62(9) of the Act);

section 64 (general duties of Monitor: supplementary provision);

section 66 (matters Monitor is to have regard to in exercise of its functions), except insofar as it relates to Monitor’s functions under Chapter 5 of the 2006 Act;

section 67 (conflicts between Monitor’s functions), except subsection (3);

section 68(1) to (3) (Monitor’s duty to review regulatory burdens), except insofar as it relates to Monitor’s functions under Chapter 5 of the 2006 Act;

section 70 (information obtained etc. by Monitor);

section 71 (Monitor’s failure to perform functions);

section 94(1) to (6) (standard conditions), only insofar as it relates to the preparation of, and consultation on, draft standard conditions under section 94(7), and publication of those conditions under section 94(9);

section 94(7) to (10) and (11)(b) and (c);

section 95 (special conditions), for the purpose only of enabling Monitor to take steps under section 95 to enable it to include a special condition in the licence of an NHS foundation trust from the date upon which section 81(1) (requirement for health service providers to be licensed) comes into force in relation to NHS foundation trusts;

section 96 (limits on Monitor’s functions to set or modify licence conditions), only insofar as—

(a)

it relates to functions under section 96(1)(a) and (b), and

(b)

in the case of section 96(2)(a), only insofar as that paragraph applies for the purpose of regulating the price payable for the provision of healthcare services for the purpose of the NHS in accordance with the national tariff to be published by Monitor under section 116(1) of the Act (the national tariff);

section 97 (conditions: supplementary) only insofar as it relates to—

(a)

the preparation of, and consultation on, draft standard conditions under section 94(7) of the Act, and publication of those conditions under section 94(9) of the Act, and

(b)

special conditions under section 95 of the Act;

section 98(1) and (2) (conditions relating to the continuation of the provision of services etc.), only insofar as it relates to the preparation of, and consultation on, draft standard conditions under section 94(7) of the Act and publication of those conditions under section 94(9) of the Act, and special conditions;

section 98(4) and (7);

section 101(1) and (2) (modification references to the Competition Commission), except insofar as it relates to licence holders and the inclusion or modification of a special condition in their licence;

section 101(5) and (6) only insofar as it relates to references under section 101(2);

section 101(8);

section 103(1) and (2) (standard condition as to transparency of certain criteria), only insofar as it relates to the preparation of, and consultation on, draft standard conditions under section 94(7) of the Act, and publication of those conditions under section 94(9) of the Act;

section 104(1), (2)(a) and (f), (3) and (4)(a) and (d) (power to require documents and information);

section 108(1) to (4) (guidance as to use of enforcement powers), for the purposes only of enabling Monitor to prepare and consult upon the first draft guidance under that section;

section 144(3)(b) and (6) (investment principles and reviews);

section 148 (service of documents), except section 148(6)(a);

section 149 (electronic communications);

section 150(1) and (3) (interpretation and transitional provision in relation to Part 3);

section 156(1) and (2) (annual report and forward plan of NHS foundation trusts);

section 166 (information);

sections 173 to 178 (failure provisions in respect of NHS foundation trusts), except section 173(2);

Schedule 10 (references by Monitor to the Competition Commission);

in Schedule 13 (minor and consequential amendments related to Part 3 of the Act)—

(a)

paragraph 9, and

(b)

paragraph 10,

and paragraph 8 and section 150(5) insofar as they relate to those paragraphs.

(3) 1st December 2012 is the day appointed for the coming into force of—

section 222 (the Professional Standards Authority for Health and Social Care);

section 226(2)(b) and (5), and section 226(1) insofar as it relates to those provisions (accountability and governance in relation to the Professional Standards Authority for Health and Social Care);

sections 228 and 229 (establishment and accreditation of voluntary registers); and

section 230(1) to (4) and (6) and Part 3 of Schedule 15 (consequential amendments and savings in relation to the Professional Standards Authority for Health and Social Care).

(4) 1st February 2013 is the day appointed for the coming into force of—

section 9 (the NHS Commissioning Board), only insofar as it inserts section 1H(3)(a) into the 2006 Act;

section 10 (clinical commissioning groups), only insofar as it inserts section 1I(2) into the 2006 Act, and only insofar as the function conferred by that subsection relates to the provision of services for the purposes of the health service in England on or after 1st April 2013;

section 13(2) to (5) (duties of clinical commissioning groups as to commissioning certain health services) and section 13(1) insofar as it relates to those subsections, only insofar as it relates to the provision of services for the purposes of the health service in England on or after 1st April 2013;

section 13(8);

section 14 (power of clinical commissioning groups to commission certain health services), only insofar as that function relates to the provision of services for the purposes of the health service in England on or after 1st April 2013;

section 15 (power to require Board to commission certain health services);

section 17(10) (provision of vehicles for disabled persons) only insofar as it relates to the provision of services for the purposes of the health service in England on or after 1st April 2013;

section 20 (regulations as to the exercise of functions by the Board or clinical commissioning groups);

section 23 (the NHS Commissioning Board: further provision), only insofar as it inserts sections 13O and 13Q into the 2006 Act;

section 26 (clinical commissioning groups: general duties etc.), only insofar as it inserts sections 14Z2 and 14Z7(1), (6) and (7) into the 2006 Act;

section 40(1) to (4) and (8), only insofar as it relates to the provision of after-care services for the purposes of the health service in England on or after 1st April 2013;

section 78 (guidance);

in Schedule 4 (amendments of the 2006 Act)—

(a)

paragraph 2(3), and paragraph 2(1) insofar as it relates to that provision;

(b)

paragraph 9, only insofar as it relates to commissioning arrangements that are to take effect on or after 1st April 2013,

and section 55(1) insofar as it relates to those paragraphs;

in Schedule 21 (amendments relating to relationships between the health services)—

(a)

paragraph 2(3)(a) to (c), (e) and (h) (amendment of the National Health Service (Scotland) Act 1978), and paragraph 1 insofar as it relates to those provisions,

(b)

paragraph 6 (amendment of the National Health Service Act 2006), and paragraph 5 insofar as it relates to that paragraph,

(c)

paragraph 12 (amendment of the National Health Service (Wales) Act 2006) insofar as it relates to paragraphs 13(c) to (f), 18 to 21, 33 and 38(1)(a) and (b) and (2),

(d)

paragraphs 13(c) to (f),

(e)

paragraphs 18 to 21,

(f)

paragraph 33,

(g)

paragraph 38(1)(a) and (b) and (2),

(h)

paragraph 43(2)(b) (amendment of the Health and Personal Social Services (Northern Ireland) Order 1991), except insofar as it inserts sub-paragraph (gf) into article 8(2) of the Health and Personal Social Services (Northern Ireland) Order 1991(6), and paragraph 43(1) insofar as it relates to that provision,

(i)

paragraph 43(2)(c) to (e) and (3), and paragraph 43(1) insofar as it relates to that provision,

and section 297 insofar as it relates to those paragraphs.

Transitory modification in respect of the commencement of section 64 of the Act (supplementary provision as to the general duties of Monitor)

3.  Until section 9 of the Act (the National Health Service Commissioning Board) comes fully into force, section 64(4) of the Act is to be read as if the words “, except” to the end were omitted.

Transitory modification in respect of the commencement of section 67 of the Act (conflicts between Monitor’s functions)

4.  Until the commencement of sections 111 and 113 of the Act (imposition of licence conditions on NHS foundations trusts during transitional period), section 67(2)(a) of the Act is to be read as if “or under sections 111 and 113 of this Act (imposition of licence conditions on NHS foundation trusts during transitional period)” were omitted.

Transitory modification in respect of the commencement of section 71 of the Act (Monitor’s failure to perform functions)

5.  Until the commencement of sections 72 and 73 of the Act (functions under the Competition Act 1998 and Part 4 of the Enterprise Act 2002), section 71 of the Act is to be read as if “, other than a function it has by virtue of section 72 or 73,” were omitted.

Transitory modification in respect of the commencement of section 78 of the Act (guidance)

6.  Until the commencement of section 72 of the Act, section 78(1) of the Act is to be read as if “may” is substituted for “must”.

Transitory modification in respect of the commencement of section 95 of the Act (special conditions)

7.  Until section 95 of the Act comes fully into force, a reference in that section to “the applicant” is to be read as a reference to “the NHS foundation trust”.

Transitory modification in respect of the commencement of section 98 of the Act (conditions relating to the continuation of the provision of services etc.)

8.  Until the commencement of section 81(1) of the Act (requirement for health service providers to be licensed), section 98(4) of the Act is to be read as if “may” is substituted for “must”.

Transitory modifications in respect of the commencement of sections 101 (power to require documents and information) and 104 (modification references to the Competition Commission) of the Act

9.  Until the commencement of section 85 of the Act (application for licence) a reference in the following sections to “applicant” is to be read as a reference to “NHS foundation trust”—

(a) section 101(1)(b), (2) and (5); and

(b) section 104(2)(a).

Saving provision in respect of the commencement of section 166 of the Act (information)

10.  Until section 81(1) of the Act (requirement for health service providers to be licensed) comes fully into force, section 48(1)(b) and (2) of the 2006 Act (information), as in force before the substitution made by section 166 of the Act, is to continue to have effect.

Transitory modification in respect of the commencement of paragraph 13 of Schedule 8 to the Act (Monitor)

11.  Until the commencement of—

(a) section 145 of the Act (borrowing), paragraph 13 of Schedule 8 is to be read as if “section” were substituted for “sections”, and as if “145 and” and “power to borrow for exercising functions in relation to financial assistance and” were omitted; and

(b) section 146 of the Act (shortfall; or excess of available funds, etc.), paragraph 13 of Schedule 8 is to be read as if “section” were substituted for “sections”, and as if “and 146” and “and power of Secretary of State to lend etc.” were omitted.

Saving provision in respect of the commencement of paragraph 10 of Schedule 13 to the Act

12.  Until section 62 of the Act (Monitor’s general duties) comes fully into force, and except where the saving provision in paragraph 10(2) of Schedule 13 applies, section 32 of the 2006 Act (Monitor’s general duties) continues to have effect in relation to Monitor’s functions under Chapter 5 of the 2006 Act (NHS foundation trusts).

Transitory modification in respect of the commencement of paragraph 38 of Schedule 21 to the Act

13.  Until the commencement of section 33 of the Act (abolition of Strategic Health Authorities), the definition of “NHS body” in section 206(1) of the National Health Service (Wales) Act 2006(7) is to be read as if it included a reference to a Strategic Health Authority.

Transitory modifications in respect of the commencement of paragraph 43(3) of Schedule 21 to the Act

14.  From 1st February 2013 until commencement of—

(a) section 232 of the Act (the National Institute for Health and Care Excellence), article 8(10) of the Health and Personal Social Services (Northern Ireland) Order 1991(8) has effect as if the reference to sub-paragraph (ia), as inserted by paragraph 43(2) of Schedule 21 to the Act, were omitted;

(b) section 252 of the Act (the Health and Social Care Information Centre), article 8(10) of the Health and Personal Social Services (Northern Ireland) Order 1991 has effect as if the reference to sub-paragraph (ib), as inserted by paragraph 43(2) of Schedule 21 to the Act, were omitted; and

(c) section 179 of the Act (abolition of NHS trusts in England), article 8(10) of the Health and Personal Social Services (Northern Ireland) Order 1991 has effect as if the reference to sub-paragraph (gf), as inserted by paragraph 43(2) of Schedule 21 to the Act, was a reference to sub-paragraph (ge), as inserted by that paragraph.

Amendment of article 10 of the Second Commencement Order

15.  In article 10 of the Second Commencement Order (saving provision and transitory modification in relation to the commencement of paragraph 1 of Schedule 4 to the Act)—

(a) in paragraph (2), at the beginning insert “Subject to paragraph (2A)”;

(b) in paragraph (2)(b), at the end insert—

“except insofar as—

(i) that contract is entered into on or after 1st February 2013, and

(ii) under that contract, the services are to be provided as part of the health service on or after 1st April 2013.”;

(c) at the end insert—

“(2A) From 1st February 2013 until the commencement of section 34 of the Act, the power of a clinical commissioning group under section 2 of the 2006 Act includes the power to enter into a commissioning contract under which services are to be provided as part of the health service on or after 1st April 2013.”.

Signed by authority of the Secretary of State for Health.

Anna Soubry

Parliamentary Under-Secretary of State,

Department of Health

22nd October 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Health and Social Care Act 2012 (c. 7) (“the Act”). It is the third such Order to be made under the Act. It also amends the Health and Social Care Act 2012 (Commencement No.2 and Transitional, Savings and Transitory Provisions) Order 2012 (S.I. 2012/1831 (C. 71)).

Article 2(2) brings into force the following provisions of the Act on 1st November 2012—

(a) section 61(2) and Schedule 8 (in part), which make general provision about Monitor as to membership, staff, superannuation, committees etc and other matters relating to its status as a body corporate;

(b) sections 62 (in part) and 64 which impose a number of over-arching general duties on Monitor in the exercise of its functions;

(c) section 63 which empowers the Secretary of State to publish guidance on Monitor’s duty to exercise its functions in a manner consistent with the performance by the Secretary of State of the duty under section 1(1) of the National Health Service Act 2006 (c. 41) (“the 2006 Act”);

(d) section 66 (in part) which prescribes matters Monitor is to have regard to in the exercise of its functions;

(e) section 67 (in part) which makes provision in relation to conflicts between Monitor’s functions and section 68 (in part) which imposes a duty on Monitor to review regulatory burdens;

(f) sections 70 and 71 which concern the use of information obtained by Monitor or produced to Monitor in the course of exercising its functions and the powers of the Secretary of State where he considers that Monitor is failing to exercise its functions.

(g) sections 94 to 98 and 103 (in part), which relate to standard and special licence conditions, are partially commenced to enable Monitor to prepare draft standard conditions for consultation, and to take preparatory steps in relation to special conditions insofar as they are relevant to NHS foundation trusts;

(h) section 101 (in part) (which is modified by article 9 of the Order), and Schedule 10, which make provision as to the procedure to be followed in respect of referring a matter to the Competition Commission where a NHS foundation trust has refused consent to the inclusion of a special condition in a licence;

(i) section 104 (in part) which concerns Monitor’s powers to require documents from particular bodies or persons in the exercise of its regulatory functions;

(j) section 108 (in part) to enable Monitor to prepare and consult on guidance on the use of its enforcement powers;

(k) section 144 (in part) which requires Monitor to undertake and publish a review of the operation during a financial year of the procedure for trust special administration for NHS foundation trusts under Chapter 5A of Part 2 of the 2006 Act;

(l) sections 148 (in part) and 149 which relate to the service of documents and electronic communication under Part 3 of the Act;

(m) section 150 (in part) and Schedule 13 (in part) which contains definitions, transitional provision and minor and consequential amendments relevant to the provisions in Part 3 of the Act being commenced by this Order;

(n) section 156 (in part) which amends Schedule 7 to the 2006 Act to amend provision in respect of a an NHS foundation trust’s annual report and forward plan;

(o) section 166 which substitutes section 48 of the 2006 Act as regards the Secretary of State’s power to require information from NHS foundation trusts; and

(p) section 173 (partially) and sections 174 to 178 which contain provisions related to the failure of an NHS foundation trust, including the repeal of de-authorisation provisions in the 2006 Act, and the appointment of trust special administrators.

Article 2(3) brings into force the following provisions on 1st December 2012—

(a) section 222 of the Act which changes the name of the Council for Healthcare Regulatory Excellence to the Professional Standards Authority for Health and Social Care, and makes related amendments to the National Health Service Reform and Healthcare Professions Act 2002 (c. 17) (“the 2002 Act”);

(b) section 226 (in part) which makes changes to the membership of the Professional Standards Authority for Health and Social Care;

(c) sections 228 and 229 which amend the 2002 Actto make provision in respect of the establishment of voluntary registers for health and social care professionals who are currently not part of a mandatory registration scheme, and also makes provision for the accreditation of such registers; and

(d) section 230 (partially) and Part 3 of Schedule 15, which together make consequential amendments and savings in relation to the Professional Standards Authority for Health and Social Care.

Article 2(4) brings into force the following provisions on 1st February 2013—

(a) sections 9 (in part), 10 (in part), 13 and 14 (in part), 15, 17 (in part), 23 (in part), 26 (in part), 40 (in part), 55 (in part) and paragraphs 2 and 9 of Schedule 4 (in part) both to enable the National Health Service Commissioning Board and clinical commissioning groups to enter into commissioning contracts under which services are to be provided as part of the health service on or after 1st April 2013, and because they are relevant to the exercise of that function by the Board or those groups;

(b) section 20 which inserts a new section 6E in to the 2006 Act which contains a power to make regulations as to the exercise of functions by the Board or clinical commissioning groups (known as “standing rules”);

(c) section 78 of the Act which, pursuant to the transitory modification of section 78 in article 6 of the Order, empowers (rather than requires) Monitor to publish guidance about compliance with requirements imposed by regulations under section 75 of the Act and how it will exercise powers conferred by such regulations; and

(d) Schedule 21 and section 297 (in part) which make amendments to legislation that applies in Wales, Scotland and Northern Ireland that are relevant to the relationships between the health services of England, Wales, Scotland and Northern Ireland.

Article 3 makes a transitory modification to section 64(4) of the Act to modify the meaning of “the NHS” contained in that provision until section 9(1) of the Act comes fully into force. The effect of the modification is to remove the reference to the exclusion of the public health functions of the Secretary of State and local authorities from the definition of “the NHS” as they will not have those functions until section 9(1) comes fully into force.

Articles 4, 5 and 11 make transitory modifications in respect of the commencement of sections 67 and 71 of, and paragraph 13 of Schedule 8 to, the Act to omit references to other sections of the Act that have not yet been commenced, until those other sections come into force.

Articles 7 and 9 make transitory modification to sections 95, 101 and 104 in order to modify references to “applicant” to “NHS foundation trust”.

Article 8 makes a transitory modification of section 98(4) of the Act which means that, until the commencement of section 81(1) of the Act, Monitor may produce guidance on matters in respect of conditions relating to the continuation of the provision of services etc. rather than being under a duty to do so. Section 81(1) of the Act concerns the requirement for health service providers to be licensed.

Article 10 makes a saving provision in respect of section 48(1)(b) and (2) of the 2006 Act, prior to any amendment made by section 166 of the Act, to ensure that Monitor continues to have sufficient powers to require information until the provisions relating to licensing requirements in section 81(1) of the Act are brought fully into force.

Article 12 makes a saving provision in respect of section 32 of the 2006 Act as regards Monitor’s general duties so that they continue to apply to its functions relating to NHS foundation trusts.

Article 13 makes a transitory modification of section 206(1) of the National Health Service (Wales) Act 2006 (2006 c. 42) in order to preserve a reference to Strategic Health Authorities in the definition of “NHS body” pending the coming into force of section 33 of the Act, which abolishes Strategic Health Authorities.

Article 14 makes transitory modifications in respect of the commencement of paragraph 43(3) of Schedule 21 to the Act to modify references in article 8(1) of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)) pending the coming into force of other provisions in the Act relating to the establishment of the National Institute for Health and Care Excellence and the Health and Social Care Information Centre, and the abolition of NHS trusts.

Article 15 amends the Health and Social Care Act 2012 (Commencement No.2 and Transitional, Savings and Transitory Provisions) Order 2012 (S.I. 2012/1831 (C. 71)) to remove a restriction on the powers of clinical commissioning groups and the Board to enter into commissioning contracts: the effect of this is to enable them, from 1st February 2013, to enter into commissioning contracts under which services are to be provided as part of the health service on or after 1st April 2013.

A full impact assessment has not been produced for this instrument as the Order itself has no impact on the private sector or civil society organisations. A full Impact Assessment has been produced in relation to the provisions of the Act, including provisions that are commenced by the Order, and a copy is available at http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/ PublicationsLegislation/DH_123583 .

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision	Date of Commencement	S.I. No.
Section 1 (partially)	1st October 2012	S.I. 2012/1831
Section 8	1st June 2012	S.I. 2012/1319
Section 9 (partially)	1st October 2012	S.I. 2012/1831
Section 10 (partially)	1st October 2012	S.I. 2012/1831
Section 17(13) (partially)	1st October 2012	S.I. 2012/1831
Section 21	1st October 2012	S.I. 2012/1831
Section 22 (partially)	1st October 2012	S.I. 2012/1831
Section 23 (partially)	1st October 2012	S.I. 2012/1831
Section 24 (partially)	1st October 2012	S.I. 2012/1831
Section 25 (partially)	1st October 2012	S.I. 2012/1831
Section 26 (partially)	1st October 2012	S.I. 2012/1831
Section 27 (partially)	1st October 2012	S.I. 2012/1831
Section 39	1st July 2012	S.I. 2012/1319
Section 42	1st July 2012	S.I. 2012/1319
Section 44	1st July 2012	S.I. 2012/1319
Section 55 (partially)	1st July 2012	S.I. 2012/1319
	1st October 2012	S.I. 2012/1831
Section 59	1st July 2012	S.I. 2012/1319
Section 61(1)	1st July 2012	S.I. 2012/1319
Section 64 (partially)	1st June 2012	S.I. 2012/1319
Section 64 (partially)	1st July 2012	S.I. 2012/1319
Section 79	1st July 2012	S.I. 2012/1319
Section 147 (partially)	1st October 2012	S.I. 2012/1831
Section 150(5) (partially)	1st July 2012	S.I. 2012/1319
Section 151(1) and (9)	1st October 2012	S.I. 2012/1831
Section 154	1st October 2012	S.I. 2012/1831
Section 158	1st October 2012	S.I. 2012/1831
Section 160	1st July 2012	S.I. 2012/1319
Section 164(1) to (3) and (6)	1st October 2012	S.I. 2012/1831
Section 165	1st October 2012	S.I. 2012/1831
Section 181 (partially)	1st October 2012	S.I. 2012/1831
Section 201	1st July 2012	S.I. 2012/1319
Section 207(8) and (10)	1st July 2012	S.I. 2012/1319
Sections 209 to 211	1st August 2012	S.I. 2012/1319
Section 212(1)	1st October 2012	S.I. 2012/1831
Section 212(2) and (3)	1st August 2012	S.I. 2012/1319
Sections 213 to 218	1st August 2012	S.I. 2012/1319
Sections 220 and 221	1st August 2012	S.I. 2012/1319
Section 223(1), (2), (5), (9), (10) and (14)	1st August 2012	S.I. 2012/1319
Section 223(3) and (6)	1st October 2012	S.I. 2012/1831
Section 227	1st July 2012	S.I. 2012/1319
Section 230 (partially)	1st August 2012	S.I. 2012/1319
Section 231	1st July 2012	S.I. 2012/1319
Section 278	1st July 2012	S.I. 2012/1319
Section 279	31st October 2012	S.I. 2012/1831
Section 281	1st October 2012	S.I. 2012/1831
Section 283	1st July 2012	S.I. 2012/1319
Section 288(1) and (2)(a)	1st July 2012	S.I. 2012/1319
Section 289 (partially)	1st July 2012	S.I. 2012/1319
Section 290(1), (2), (3)(a) and (d) and (4) to (8)	1st October 2012	S.I. 2012/1831
Section 291	1st October 2012	S.I. 2012/1831
Section 294	1st October 2012	S.I. 2012/1831
Sections 295 and 296 (partially)	1st October 2012	S.I. 2012/1831
Section 298	1st October 2012	S.I. 2012/1831
Section 299	1st June 2012	S.I. 2012/1319
Sections 300 to 302 (partially)	1st July 2012	S.I. 2012/1319
	1st October 2012	S.I. 2012/1831
Schedule 2 (partially)	1st October 2012	S.I. 2012/1831
Schedule 4 (partially)	1st July 2012	S.I. 2012/1319
	1st October 2012	S.I. 2012/1831
Schedule 5 (partially)	1st October 2012	S.I. 2012/1831
Schedule 6 (partially)	1st July 2012	S.I. 2012/1319
	1st October 2012	S.I. 2012/1831
Schedule 13 (partially)	1st July 2012	S.I. 2012/1319
Schedule 15, Parts 1 and 2	1st August 2012	S.I. 2012/1319
Schedule 15, Part 4	1st July 2012	S.I. 2012/1319
Schedule 20, Part 1	1st July 2012	S.I. 2012/1319
Schedule 20, Part 2	31st October 2012	S.I. 2012/1831
Schedules 22 and 23 (partially)	1st July 2012	S.I. 2012/1319
	1st October 2012	S.I. 2012/1831

(1)

2012 c. 7.

(2)

Consultation with Scottish Ministers is required by section 307(1)(i) to (l) of the Health and Social Care Act 2012 (c. 7) (“the Act”) by virtue of the commencement of sections 228 and 229 of, and Part 3 of Schedule 15 to, the Act in article 2(3) of this Order and paragraph 2 of Schedule 21 to the Act, and section 297 so far as relating to that paragraph, in article 2(4) of this Order.

(3)

2006 c. 41.

(4)

S.I. 2012/1831 (C. 71).

(5)

See section 306(1) of the Act for the provisions which came into force on the day the Act was passed, and S.I. 2012/1319 (C. 47) and 2012/1831 (C. 71) for provisions of the Act which came into force by Order on earlier dates.

(6)

S.I. 1991/194 (N.I. 1).

(7)

2006 c. 42.

(8)

S.I. 1991/194 (N.I. 1).