Welsh Statutory Instruments
NATIONAL HEALTH SERVICE, WALES
PUBLIC HEATH, WALES
SOCIAL CARE, WALES
Made
29 November 2005
Coming into force
30 December 2005
The National Assembly for Wales, in exercise of the powers conferred upon it by section 199(1) of the Health and Social Care (Community Health and Standards) Act 2003(1) hereby makes the following Order:
1.—(1) The title of this Order is the Health and Social Care (Community Health and Standards) Act 2003 Commencement (Wales) (No. 3) Order 2005.
(2) In this Order, “the 2003 Act” means the Health and Social Care (Community Health and Standards) Act 2003.
2.—(1) In relation to Wales 30 December 2005 is the day appointed for section 117 of the Act to come into force.
(2) 1 April 2006 is the day appointed for the following provisions of the 2003 Act to come into force—
(a)sections 114(3) and (4) in relation to Wales and in so far as they are not already in force(2);
(b)section 116(2); and
(c)sections 107, 114(5), 115(1), (2), (4), (5) and (6) and 116(3) in relation to Wales.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3)
D. Elis-Thomas
The Presiding Officer of the National Assembly
29 November 2005
(This note is not part of the Order)
This is the third commencement order made by the National Assembly for Wales under the Health and Social Care (Community Health and Standards) Act 2003 (“the Act”). It brings certain provisions of the Act connected to Wales into force on either 30 December 2005 or 1 April 2006, as specified.
Article 2(1) brings into force on 30 December section 117 of the Act which extends the duty on local authorities in respect of consideration of representations to those made about special guardianship support services.
Article 2(2)(a) brings into force parts of sections 114 and 115 which make provision in relation to regulations which may be made by the Assembly about the handling and consideration of complaints about social services.
Article 2(2)(b) commences section 116(2) which inserts section 26ZB into the Children Act 1989.
Article 2(c) commences in relation to Wales, section 107, which inserts a children’s home providing secure accommodation into the definition of establishments in the Care Standards Act 2000. It also commences, in relation to Wales, section 116(3) which inserts section 26(2A) into the Children Act 1989 extending the requirement on local authorities to provide assistance for persons making representations under section 24D or 26 of that Act to further consideration of those representations.
(This note is not part of the Order)
The provisions of the Health and Social Care (Community Health and Standards) Act 2003 listed in the table below have been brought into force in Wales by commencement orders made before the date of this Order. The provisions commenced by SI 2003/3346 and SI 2004/759 have been commenced in relation to England and Wales. The provisions commenced by SI 2004/480 (W.49) and 2004/873 (W.88) have been commenced in relation to Wales.
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 1 | 1.4.2004 | 2004/759 |
| Sections 2 to 4 | 1.1.2004 | 2003/3346 |
| Sections 5 to 20 | 1.4.2004 | 2004/759 |
| Sections 22 to 35 | 1.4.2004 | 2004/759 |
| Section 36 | 1.1.2004 | 2003/3346 |
| Sections 37 to 39 | 1.4.2004 | 2004/759 |
| Section 40 | 1.1.2004 | 2003/3346 |
| Section 41 | 8.1.2004 | 2003/3346 |
| Section 43 | 11.3.2004 | 2004/759 |
| Section 44 | 1.4.2004 | 2004/759 |
| Sections 45 and 46 | 1.4.2004 | 2004/759 |
| Section 47 as to Wales | 1.4.2004 | 2004/873 (W.88) |
| Sections 48 and 49 | 1.4.2004 | 2004/759 |
| Section 50(1) (partially) | 1.4.2004 | 2004/759 |
| Section 50(1) (partially) | 1.4.2006 | 2004/759 |
| Section 50(2) and (3) | 1.4.2005 | 2004/759 |
| Section 50(4) | 1.4.2006 | 2004/759 |
| Section 50(5) | 1.4.2004 | 2004/759 |
| Section 51(1) to (3) and (6) | 1.4.2004 | 2004/759 |
| Section 51(4) | 1.4.2005 | 2004/759 |
| Section 52(1) to (4), (6) and (7) | 1.4.2005 | 2004/759 |
| Section 52(5) | 1.4.2005 | 2004/759 |
| Sections 53 to 57 | 1.4.2004 | 2004/759 |
| Sections 60 and 61 | 1.4.2004 | 2004/759 |
| Sections 64 to 68 | 1.4.2004 | 2004/759 |
| Sections 70—75 as to Wales | 1.4.2004 | 2004/873 (W.88) |
| Sections 92—101, as to Wales (partially) | 1.4.2004 | 2004/873 (W.88) |
| Section 102 | 1.4.2004 | 2004/759 |
| Section 103 | 1.4.2004 | 2004/759 |
| Section 106 | 1.4.2004 | 2004/759 |
| Section 108 | 1.4.2004 | 2004/759 |
| Section 109 as to Wales | 1.4.2004 | 2004/873 (W.88) |
| Section 111 | 1.4.2004 | 2004/759 |
| Sections 118 and 119 | 1.6.2004 | 2004/759 |
| Section 120 and 121 | 1.4.2004 | 2004/759 |
| Section 123 | 1.4.2004 | 2004/759 |
| Section 124 | 1.4.2004 | 2004/759 |
| Section 126 | 1.4.2004 | 2004/759 |
| Section 128 | 1.4.2004 | 2004/759 |
| Section 130 | 1.4.2004 | 2004/759 |
| Section 132 | 1.4.2004 | 2004/759 |
| Section 134 | 1.4.2004 | 2004/759 |
| Section 136 to 138 | 1.4.2004 | 2004/759 |
| Section 140 | 1.4.2004 | 2004/759 |
| Sections 142 to 145 as to Wales | 1.4.2004 | 2004/873 (W.88) |
| Section 146 | 1.4.2004 | 2004/759 |
| Section 147 (partially) | 8.1.2004 | 2003/3346 |
| Section 147 as to England (partially) | 11.3.2004 | 2004/759 |
| Section 147 (partially) | 1.4.2004 | 2004/759 |
| Section 147 (partially) | 1.6.2004 | 2004/759 |
| Section 148 | 1.1.2004 | 2003/3346 |
| Section 174 as to Wales (partially) | 28.2.2004 | 2004/480 |
| Section 174 as to Wales (partially) | 1.4.2004 | 2004/480 |
| Section 175 as to Wales | 28.2.2004 | 2004/480 |
| Section 176 as to Wales | 28.2.2004 | 2004/480 |
| Section 179(1) as to Wales (partially) | 28.2.2004 | 2004/480 |
| Section 179(2) as to Wales | 28.2.2004 | 2004/480 |
| Section 180 as to Wales (partially) | 28.2.2004 | 2004/480 |
| Section 184 as to Wales (partially) | 28.2.2004 | 2004/480 |
| Section 184 as to Wales (partially) | 1.4.2004 | 2004/480 |
| Section 189(1) | 1.4.2004 | 2004/759 |
| Section 196 as to Wales (partially) | 1.4.2004 | 2004/480 |
| Section 196 (partially) | 1.4.2004 | 2004/759 |
| Schedule 1 | 1.4.2004 | 2004/759 |
| Schedule 2 | 1.1.2004 | 2003/3346 |
| Schedules 3 to 5 | 1.4.2004 | 2004/759 |
| Schedule 6 | 8.1.2004 | 2003/3346 |
| Schedule 8 | 11.3.2004 | 2004/759 |
| Schedule 9 | ||
| Paragraphs 1, 3, 5 to 8, 13 and 31 (partially) | 8.1.2004 | 2003/3346 |
| Paragraphs 2, 14, 16 to 20, 22, 23(a), 25, 29 and 30 | 1.4.2004 | 2004/759 |
| Paragraphs 9 and 11 | 1.6.2004 | 2004/759 |
| Paragraphs 10, 21, 24, 26 to 28 and 32 as to England | 1.4.2004 | 2004/759 |
| Paragraph 12 (partially) | 11.3.2004 | 2004/759 |
| Schedule 11 | ||
| Paragraph 1 as to Wales | 1.4.2004 | 2004/480 |
| Paragraph 2 as to Wales (partially) | 1.4.2004 | 2004/480 |
| Paragraphs 3(2)(a) and (3) to (5) and 3(1) as to Wales (partially) | 1.4.2004 | 2004/480 |
| Paragraphs 4 to 6 to Wales | 1.4.2004 | 2004/480 |
| Paragraph 7 as to Wales (partially) | 28.2.2004 | 2004/480 |
| Paragraph 7 as to Wales (partially) | 1.4.2004 | 2004/480 |
| Paragraph 8 as to Wales (partially) | 1.4.2004 | 2004/480 |
| Paragraph 9 as to Wales | 1.4.2004 | 2004/480 |
| Paragraph 10 as to Wales | 1.4.2004 | 2004/480 |
| Paragraph 13 as to Wales | 1.4.2004 | 2004/480 |
| Paragraph 20 as to Wales (partially) | 1.4.2004 | 2004/480 |
| Paragraphs 21(2) as to Wales (partially) | 1.4.2004 | 2004/480 |
| Paragraph 22(1) as to Wales (partially) | 1.4.2004 | 2004/480 |
| Paragraphs 22(2) and 22(3)(a), (5)(b) and (7) to (9) as to Wales | 1.4.2004 | 2004/480 |
| Paragraphs 22(8)(b) and (9) as to Wales (partially) | 1.4.2004 | 2004/480 |
| Paragraph 23 as to Wales (partially) | 28.2.2004 | 2004/480 |
| Paragraph 23 as to Wales (partially) | 1.4.2004 | 2004/480 |
| Paragraph 24(a) as to Wales | 1.4.2004 | 2004/480 |
| Paragraphs 25 to 27 as to Wales | 1.4.2004 | 2004/480 |
| Paragraph 36(a) as to Wales | 1.4.2004 | 2004/480 |
| Paragraph 37 as to Wales | 1.4.2004 | 2004/480 |
| Paragraph 38 as to Wales (partially) | 28.2.2004 | 2004/480 |
| Paragraph 39 as to Wales (partially) | 28.2.2004 | 2004/480 |
| Paragraph 40 as to Wales | 1.4.2004 | 2004/480 |
| Paragraph 41 as to Wales | 1.4.2004 | 2004/480 |
| Paragraphs 42 to 44 as to Wales | 1.4.2004 | 2004/480 |
| Paragraph 45 as to Wales (partially) | 1.4.2004 | 2004/480 |
| Paragraph 46(1) as to Wales (partially) | 1.4.2004 | 2004/480 |
| Paragraph 46(2)(a) and (3)(a) as to Wales | 1.4.2004 | 2004/480 |
| Paragraphs 47 to 49 as to Wales | 1.4.2004 | 2004/480 |
| Paragraph 51 to 52 as to Wales | 1.4.2004 | 2004/480 |
| Paragraph 53 as to Wales (partially) | 1.4.2004 | 2004/480 |
| Paragraph 55 as to Wales | 1.4.2004 | 2004/480 |
| Paragraphs 56 to 59 as to Wales | 1.4.2004 | 2004/480 |
| Paragraph 60 as to Wales (partially) | 1.4.2004 | 2004/480 |
| Paragraphs 61 to 64 as to Wales | 1.4.2004 | 2004/480 |
| Paragraphs 65 and 67(a) as to Wales | 1.4.2004 | 2004/480 |
| Paragraph 69 as to Wales (partially) | 1.4.2004 | 2004/480 |
| Paragraphs 70 to 74 as to Wales | 1.4.2004 | 2004//480 |
| Schedule 14 as to Wales (partially) | 1.4.2004 | 2004/480 |
| Schedule 14 Part 1 | 1.4.2004 | 2004/759 |
2003 c. 43. The powers are conferred upon the appropriate authority. See section 199(2) for the definition of “appropriate authority” for the purposes of section 199(1).
See section 199(4) of the 2003 Act.