- Welsh Statutory Instrument 2003 No. 713 (W.87) (C.36)
The Health and Social Care Act 2001 (Commencement No. 4) (Wales) Order 2003
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| Made | 12th March 2003 |
The National Assembly for Wales, in exercise of the powers conferred upon it by sections 64(6) and 70(2) of the Health and Social Care Act 2001[1] hereby makes the following Order:
Citation, interpretation and application
1. - (1) This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 4) (Wales) Order 2003.
(2) In this Order "the 2001 Act" ("Deddf 2001") means the Health and Social Care Act 2001.
(3) This Order applies to Wales only.
Appointed day in respect of section 13 of the 2001 Act
2. 17th March 2003 is the appointed day for the coming into force of section 13 of the 2001 Act.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[2]
John Marek
The Deputy Presiding Officer of the National Assembly for Wales.
12th March 2003
(This note is not part of the Order)
Article 2 of this Order appoints 17th March 2003 as the day on which section 13 of the 2001 Act is to come into force in relation to Wales. Section 13 of the Act relates to intervention orders and inserts new sections 84A and B into the National Health Service Act 1977.
Section 13, when commenced, will enable the Assembly to intervene in specified categories of NHS body where it has concerns about the management of that body, its ability to perform its functions adequately or where there has been a catastrophic event.
Section 84A will enable the Assembly to make an intervention order where a NHS body to which the section applies is not performing one or more of its functions adequately or at all, or where there are significant failings in the way the body is being run. Before making an intervention order the Assembly will have to be satisfied that it is appropriate for it to do so.
Section 84B sets out the effect of an intervention order and the various forms the intervention may take. An intervention order may provide for the removal or suspension of members of the NHS body in question and for new individuals to be appointed in their place; can require a NHS body to make arrangements for some other person or body to perform that body's functions; can disapply or modify any legislative provision relating to the membership or procedure of the body subject to intervention, and can include directions to give full effect to an intervention.
The following provisions of the Health and Social Care Act 2001 have been brought into force in relation to Wales by commencement order made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
| Section 3 | 1st July 2002 (partially) | 2002/1475 |
| Section 5 | 1st July 2002 | 2002/1475 |
| Section 11 | 1st December 2002 | 2002/1475 |
| Section 16 | 26th August 2002 | 2002/1919 |
| Section 19 | 1st July 2002 | 2002/1475 |
| Section 20 | 1st July 2002 | 2002/1475 |
| Section 21 | 1st July 2002 | 2002/1475 |
| Section 22 | 1st July 2002 | 2002/1475 |
| Section 23 | 1st July 2002 | 2002/1475 |
| Section 24 | 1st July 2002 | 2002/1475 |
| Section 25 | 1st July 2002 | 2002/1475 |
| Section 26 | 1st July 2002 | 2002/1475 |
| Section 27 | 26th August 2002 | 2002/1919 |
| Section 28 | 1st July 2002 | 2002/1475 |
| Section 29 | 1st July 2002 | 2002/1475 |
| Section 30 | 1st July 2002 | 2002/1475 |
| Section 31 | 1st July 2002 | 2002/1475 |
| Section 32 | 1st July 2002 | 2002/1475 |
| Section 33 | 1st July 2002 | 2002/1475 |
| Section 34 | 1st July 2002 | 2002/1475 |
| Section 35 | 1st July 2002 | 2002/1475 |
| Section 36 | 1st July 2002 | 2002/1475 |
| Section 37 | 1st July 2002 | 2002/1475 |
| Section 38 | 1st July 2002 | 2002/1475 |
| Section 39 | 1st July 2002 | 2002/1475 |
| Section 41 | 1st July 2002 | 2002/1475 |
| Section 42 | 1st July 2002 | 2002/1475 |
| Section 43 | 1st July 2002 | 2002/1475 |
| Section 49 | 3rd December 2001 (partially) | 2001/3807 |
| Section 50 | 8th April 2002 (partially) 19th December 2001 (remainder) | 2001/3752 and 2001/3807 |
| Section 51 | 8th November 2001 | 2001/3752 |
| Section 52 | 8th November 2001 | 2001/3752 |
| Section 67 | 1st July 2002 (partially) | 2002/1475 |
| Schedule 2 | 1st July 2002 | 2002/1475 |
| Schedule 3 | 1st July 2002 | 2002/1475 |
| Schedule 5 | 1st July 2002 (partially) | 2002/1475 |
| Schedule 6 | 1st July 2002 (partially) | 2002/1475 |
Various provisions of the 2001 Act have been brought into force in relation to England by the following Statutory Instruments: S.I. 2001/2804 (c.95), S.I. 2001/3167 (c.101), S.I.2001/3294 (c.107), S.I. 2001/3619 (c.117), S.I. 2001/3752 (c.122), S.I. 2001/3738 (c.121), S.I. 2001/4149 (c.133), S.I. 2002/1095 (c.26)(as amended by S.I. 2002/ 1170 (c.30)), S.I. 2002/1312 (c.36) and S.I. 2002/2363 (c.77).
Notes:
[1] 2001 c.15. The "relevant authority" is defined in section 66 of the Act.back
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