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The Secretary of State for Health makes this Order in exercise of the powers conferred by sections 195(1) and 199(1) of the Health and Social Care (Community Health and Standards) Act 2003[1]. In accordance with section 199(2)(c)(i) of that Act she has consulted the National Assembly for Wales. Citation, interpretation and application 1. —(1) This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 (Commencement) (No. 11) Order 2006. (2) In this Order—
(3) This Order applies in relation to England and Wales, except for article 5 which applies in relation to England only.
(b) sections 166 to 168; and (c) Schedule 10.
Repeals relating to recovery of NHS charges
(b) the 1988 Act.
Saving provisions (This note is not part of the Order) This Order is the eleventh commencement order under the Health and Social Care (Community Health and Standards) Act 2003 ("the Act"). It provides for the coming into force of certain provisions of Part 3 of the Act providing for the NHS to recover the costs of hospital treatment and ambulance services where people receive compensation for injuries. Article 2(1) commences section 150 of the Act, which sets out the circumstances in which NHS costs can be recovered, on 28th January 2007. Section 150(13) of the Act provides that the scheme will apply only to injuries which take place after the date on which section 150 comes into force. Article 2(2) accordingly commences all other sections in Part 3 (except section 165 which contains the power to extend the scheme for the recovery of NHS costs to cases in which treatment has been provided at a non-health service hospital and section 169 which is dealt with in article 3) on 29th January 2007. The scheme provided for in Part 3 of the Act will thus apply to injuries which take place on or after 29th January 2007. Article 3 commences the repeal of the Road Traffic (NHS Charges) Act 1999 ("the 1999 Act") which contains the current scheme for the recovery of NHS charges for road traffic cases. Article 4 contains transitional provisions in relation to the 1999 Act which will continue to apply in respect of injuries which occur before 29th January 2007. This Order also commences, in article 5, from 15th January 2007, an amendment to the Local Government Act 1999 requiring the Commission for Social Care Inspection to have regard to guidance on co-ordination of inspections. (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.
Notes: [1] 2003 c. 43. Section 199(2) defines the "appropriate authority".back [4] Section 199(4) of the Health and Social Care (Community Health and Standards) Act 2003 (c.43) commenced section 150 of the Act on Royal Assent for the purpose of making regulations.back [5] Section 199(4) of the Health and Social Care (Community Health and Standards) Act 2003 commenced sections 151, 153, 156 to 158, 160, and 162 to 164 of the Act on Royal Assent for the purpose of making regulations.back [6] Section 153(9) is amended by section 73 of the Health Act 2006 (c.28). Section 73 of that Act was commenced by the Health Act 2006 (Commencement No.2) Order 2006 (S.I. 2006/3125).back [7] S.I.2004/759 is amended by S.I. 2006/836.back [8] S.I.2004/759 is amended by S.I. 2006/836.back [9] S.I.2005/2925 is amended by S.I. 2006/836.back [10] S.I.2004/288 is amended by S.I.2004/866.back
ISBN 0 11 075547 2
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