The Health and Social Care Act 2012 (Commencement No. 7 and Transitory Provision) Order 2014

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 seventh such Order to be made under the Act.

Article 2(2) brings into force sections 124, 125 and 126 of the Act on 1st March 2014, which together concern Monitor’s powers where an agreement or where no agreement can be reached to a modification of prices payable in accordance with the national tariff.

Article 2(3) also brings into force the following provisions of the Act on 1st April 2014—

(a) the remainder of sections 81 and 87 and the whole of sections 83 and 84 which relate to Monitor’s regulatory functions in relation to the licensing of health service providers;

(b) the remainder of sections 90, 91 and 92 which relate to representations, notice and appeals in respect of Monitor refusing or revoking a licence;

(c) section 96 (remainder) which relates to Monitor’s powers to set or modify licence conditions;

(d) section 104(2)(c) and (d), and (4)(b) (partially) which concern Monitor’s power to require documents from particular persons in the exercise of its regulatory functions;

(e) sections 105 (remainder) and 106 (remainder) which relate to Monitor’s powers of enforcement of the licensing regime for providers of health care services for the purposes of the NHS;

(f) section 115 which relates to how prices are to be determined for the provision of health care services for the purposes of the NHS;

(g) sections 117(4) and (5), 118 (remainder) and 119 (remainder) which relate to Monitor’s functions in relation to pricing in the national health service;

(h) sections 120 (remainder), 121(remainder), 122 (remainder) and 123 (remainder) and Schedule 12 (remainder) which relate to Monitor’s functions in relation to the pricing of health care services for the purposes of the NHS; and

(i) sections 288 (remainder) and 289 (remainder) which make provision in relation to Monitor’s and the Care Quality Commission’s duties to co-operate.

Article 3 makes transitory modifications to sections 124 and 125 of the Act from 1st March 2014 to the time when section 115 comes into force, which is on 1st April 2014, as local modifications of prices cannot take effect until the national tariff which sets out the determined price payable for health care services is in force.

A full impact assessment has not been produced for this instrument as this 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 this Order, and a copy is available at https://www.gov.uk/government/publications/health-and-social-care-bill-2011-combined-impact-assessments.