Statutory Instrument 2005 No. 2278 (C.95)

      The Health and Social Care (Community Health and Standards) Act 2003 (Commencement) (No. 7) Order 2005


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      STATUTORY INSTRUMENTS


      2005 No. 2278 (C.95)

      FOOD

      The Health and Social Care (Community Health and Standards) Act 2003 (Commencement) (No. 7) Order 2005

        Made 11th August 2005 

      The Secretary of State for Health, in exercise of the powers conferred upon her by section 199(1)(a) and (3) of the Health and Social Care (Community Health and Standards) Act 2003[1] and of all other powers enabling her in that behalf, hereby makes the following Order:

      Citation and interpretation
           1. —(1) This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 (Commencement) (No. 7) Order 2005.

          (2) In this Order "the Act" means the Health and Social Care (Community Health and Standards) Act 2003.

          (3) In article 2 any reference to a section or a schedule is a reference to a section of or a schedule to the Act.

      Appointed day
          
      2. —(1) 12th August 2005 shall be the day appointed for the coming into force of section 185(1) (replacement of the Welfare Food Schemes: Great Britain) for the purpose only of consultation by the Secretary of State of the Scottish Ministers and the National Assembly for Wales before establishing, or varying, a scheme.

          (2) 7th October 2005 shall be the day appointed for the coming into force of—

        (a) section 185 for all other purposes except for the purposes of the Assembly—

          (i) exercising by regulations the power to prescribe descriptions of food in relation to the operation of a scheme in Wales;

          (ii) giving directions with the agreement of the Secretary of State—

            (aa) to a body administering a scheme (or part of a scheme),

            (bb) in relation to matters relating to the operation of a scheme (or that part of the scheme) in Wales; and

        (b) section 196 (repeals and revocations) in so far as it relates to Part 5 of Schedule 14.



      Signed by authority of the Secretary of State for Health


      Warner
      Minister of State Department of Health

      11th August 2005



      EXPLANATORY NOTE

      (This note is not part of the Order)


      This Order is the seventh commencement order under the Health and Social Care (Community Health and Standards) Act 2003[
      2] ("the Act").

      Article 2(1) brings into force on 12th August 2005 section 185(1) of the Act (replacement of the Welfare Food Schemes: Great Britain) only for the purpose of consultation by the Secretary of State of the Scottish Ministers and the National Assembly for Wales ("the Assembly") before the Secretary of State establishes or varies a scheme.

      Article 2(2)(a) brings into force on 7th October 2005 section 185 of the Act for most other purposes. The section is not commenced in so far as it provides powers for the Assembly to make regulations and give directions. Article 2(2)(b) brings into force on that date section 196 of the Act (repeals and revocations) in order to effect the repeal relating to the replacement of the welfare food schemes set out in Part 5 of Schedule 14 to the Act.



      NOTE AS TO EARLIER COMMENCEMENT ORDERS

      (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 by a commencement order made before the date of this Order. Except where indicated, the provision has been commenced in relation to England and 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 42 1.1.2004 2003/3346
      Section 43 11.3.2004 2004/759
      Sections 44 to 46 1.4.2004 2004/759
      Sections 48 and 49 1.4.2004 2004/759
      Section 50(1) 1.4.2004 (partially) and 2004/759
                 1.4.2006 (remainder)           
      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), (5) and (6) 1.4.2004 2004/759
      Section 51(4) 1.4.2004 2004/759
      Section 52(1) to (4), (6) and (7) 1.4.2004 2004/759
      Section 52(5) 1.4.2004 2004/759
      Section 53 1.4.2004 (remainder) 2004/759
      Sections 54 to 56 1.4.2004 2004/759
      Section 57 1.4.2004 (remainder) 2004/759
      Sections 60 and 61 1.4.2004 2004/759
      Sections 64 to 68 1.4.2004 2004/759
      Sections 76 to 84 1.4.2004 2004/759
      Section 85 1.4.2005 2005/457
      Sections 87 to 91 1.4.2004 2004/759
      Sections 102 to 104 1.4.2004 2004/759
      Section 106 1.4.2004 2004/759
      Section 108 1.4.2004 2004/759
      Sections 110 and 111 1.4.2004 2004/759
      Section 112 11.3.2004 2004/759
      Section 117(1) as to England 17.1.2005 (partially) 2005/38
      Section 117(2) as to England 17.1.2005 2005/38
      Sections 118 and 119 1.6.2004 2004/759
      Sections 120 and 121 1.4.2004 2004/759
      Sections 123 to 141 1.4.2004 2004/759
      Section 146 1.4.2004 2004/759
      Section 147 as to England 1.1.2004 (partially) 2003/3346
      Section 147 8.1.2004 (partially) 2003/3346
      Section 147 11.3.2004 (partially), 2004/759
                 1.4.2004 (partially) and           
                 1.6.2004 (partially)           
      Section 148 1.1.2004 2003/3346
      Section 174 as to England 1.3.2004 (partially) and 2004/288 as amended by 2004/866
                 1.4.2004 (remainder)           
      Section 175(1) as to England 3.2.2004 (partially) 2004/288
      Section 175(1) 1.3.2004 2004/288
      Section 175 as to England 1.4.2004 2004/288
      Section 176 as to England 3.2.2004 (partially) and 2004/288
                 1.3.2004 (partially)           
      Section 177(3) to (11) as to England 1.3.2004 (partially) 2004/288
      Section 177(12) as to England 1.4.2004 (partially) 2004/288
      Section 178 as to England 1.4.2004 (partially) 2004/288
      Section 179(1) as to England 3.2.2004 (partially) 2004/288
      Section 179(2) as to England 3.2.2004 2004/288
      Section 180 as to England 1.3.2004 (partially) 2004/288
      Section 184 as to England 3.2.2004 (partially), 2004/288
                 1.3.2004 (partially),           
                 1.4.2004 (partially) and 2005/38
                 17.1.2005 (partially)           
      Section 187 19.10.2004 2004/2626
      Section 188 19.10.2004 2004/2626
      Section 189(1) 1.4.2004 2004/759
      Section 190 1.4.2005 2005/457
      Section 196 as to England 1.3.2004 (partially) 2004/288
                 1.4.2004 (partially)           
                 17.1.2005 (partially) 2005/38
      Section 196 1.4.2004 (partially) and 2004/759
                 1.4.2005 (partially) 2005/457
      Schedule 1 1.4.2004 2004/759
      Schedule 2 1.1.2004 2003/3346
      Schedules 3 to 5 1.4.2004 2003/3346
      Schedule 6 8.1.2004 2003/3346
      Schedule 7 1.1.2004 2003/3346
      Schedule 8 11.3.2004 2004/759
      Schedule 9                      
      Paragraph 1 1.1.2004 (partially) and 2003/3346
                 8.1.2004 (partially)           
      Paragraph 2 1.4.2004 2004/759
      Paragraphs 3 and 5 to 8 1.1.2004 (partially) and 2003/3346
                 8.1.2004 (partially)           
      Paragraph 9 1.6.2004 2004/759
      Paragraph 10 1.4.2004 2004/759
      Paragraph 11 1.4.2004 2004/759
      Paragraph 12 1.4.2004 2004/759
      Paragraph 14 1.4.2004 2004/759
      Paragraph 16 11.3.2004 (partially) and 2004/759
                 1.4.2004 (remainder)           
      Paragraphs 17 to 22 1.4.2004 2004/759
      Paragraph 23(a) 1.4.2004 2004/759
      Paragraph 23(b) 11.3.2004 (partially) 2004/759
      Paragraphs 24 to 26 1.4.2004 2004/759
      Paragraph 27 11.3.2004 (partially) and 2004/759
                 1.4.2004 (partially)           
      Paragraphs 28 to 30 1.4.2004 2004/759
      Paragraph 31 1.4.2004 (partially) and 2003/3346
                 8.1.2004 (partially)           
      Paragraph 32 1.4.2004 2004/288
      Schedule 11                      
      Paragraph 1 as to England 1.4.2004 2004/288
      Paragraph 2 as to England 1.4.2004 (partially) 2004/288
      Paragraphs 3(1), (2)(a) and (3) to (5) as to England 1.4.2004 (partially) 2004/288
      Paragraphs 4 to 6 as to England 1.4.2004 2004/288
      Paragraph 7 as to England 3.2.2004 (partially), 2004/288
                 1.3.2004 (partially) and           
                 1.4.2004 (partially)           
      Paragraph 9 as to England 1.4.2004 2004/288
      Paragraphs 12 and 13 as to England 1.4.2004 2004/288
      Paragraphs 14 to 17 as to England 1.3.2004 (partially) 2004/288
      Paragraph 20 as to England 1.4.2004 (partially) 2004/288
      Paragraph 21(1) and (3) as to England 1.4.2004 (partially) 2004/288
      Paragraph 22 as to England 1.4.2004 (partially) 2004/288
      Paragraph 23 as to England 3.2.2004 (partially) and 2004/288
                 1.4.2004 (partially)           
      Paragraph 24(a) as to England 1.4.2004 2004/288
      Paragraph 25 as to England 1.4.2004 2004/288
      Paragraph 26 as to England 1.4.2004 (partially) 2004/288
      Paragraph 26 as to England 1.4.2004 (remainder) 2004/288
      Paragraph 27 as to England 1.4.2004 2004/288
      Paragraph 36(a) as to England 1.4.2004 2004/288
      Paragraph 37 as to England 1.4.2004 2004/288
      Paragraph 38 as to England 3.2.2004 2004/288
      Paragraph 39 as to England 3.2.2004 (partially) 2004/288
      Paragraphs 42 to 44 as to England 1.4.2004 2004/288
      Paragraphs 45 and 46 as to England 1.4.2004 2004/288
      Paragraphs 47 to 49 as to England 1.4.2004 2004/288
      Paragraphs 51 and 52 as to England 1.4.2004 2004/288
      Paragraph 53 as to England 1.4.2004 (partially) 2004/288
      Paragraphs 55 to 59 as to England 1.4.2004 2004/288
      Paragraph 60 as to England 1.4.2004 (partially) 2004/288
      Paragraphs 62 and 63 as to England 1.4.2004 2004/288
      Paragraphs 65 and 67(a) as to England 1.4.2004 2004/288
      Paragraph 68 as to England 17.1.2005 2005/38
      Paragraph 69 as to England 1.4.2004 (partially) 2004/288
      Paragraphs 70, 71, 73 and 74 as to England 1.4.2004 2004/288
      Schedule 12 19.10.2004 2004/2626
      Schedule 14 as to England 1.3.2004 (partially), 2004/288
                 1.4.2004 (partially) and           
                 17.1.2005 (partially) 2005/38
      Schedule 14 1.4.2004 (partially) and 2004/759
                 1.4.2005 (partially) 2005/457


      Notes:

      [1] 2003 c. 43. Section 199(2) defines the "appropriate authority".back

      [2] 2003 c. 43.back



      ISBN 0 11 073245 6


 

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Prepared 18 August 2005