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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The National Health Service and Community Care Act 1990 (Commencement No. 4 and Transitional Provision) Order 1990 No. 2218 (C. 56) URL: http://www.bailii.org/uk/legis/num_reg/1990/uksi_19902218_en.html |
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Statutory Instruments
SOCIAL SERVICES, ENGLAND AND WALES
Made
7th November 1990
The Secretary of State for Health, in exercise of the powers conferred by section 67(2) and (3) of the National Health Service and Community Care Act 1990(1) and of all other powers enabling him in that behalf hereby makes the following Order:
1.-(1) This Order may be cited as the National Health Service and Community Care Act 1990 (Commencement No. 4 and Transitional Provision) Order 1990.
(2) In this Order -
(a)"the Act" means the National Health Service and Community Care Act 1990, and
(b)"the 1948 Act" means the National Assistance Act 1948(2).
2. 1st April 1991 is the day appointed for the coming into force of each provision of the Act specified in Column 1 of the Schedule to this Order.
3. Section 54 of the 1948 Act (inquiries for the purposes of that Act) shall continue to apply so far as the purposes of that Act relate to persons under the age of eighteen until section 81 of the Children Act 1989(3) comes into force.
William Waldegrave
Secretary of State for Health
7th November 1990
Article 2
| Column 1 | Column 2 |
|---|---|
| Provision of the Act | Subject Matter |
| Section 42 | Amendment of section 30(1) of the 1948 Act under which a local authority may employ certain voluntary organisations as their agents for the provision of welfare services for disabled persons |
| Section 42 | Amendment of section 45(3) of the Health Services and Public Health Act 1968(4) under which a local authority may employ certain voluntary organisations as their agents for promoting the welfare of old people |
| Section 46 | Local authority plans for community care services |
| Section 48 | Inspection of premises used for provision of community care services |
| Section 50 | Amendment of the Local Authority Social Services Act 1970(5) inserting new sections 7A to E (directions by Secretary of State as to exercise of social services functions, complaints procedure, inquiries, default powers of Secretary of State as respects social services functions of local authorities and grants to local authorities in respect of certain social services functions and payments to voluntary organisations providing certain services) |
| Section 66 and Schedule 9 so far as they relate to the following provisions of that Schedule - | |
| paragraphs 5(6), and (8) | Cessation of effect of subsections (2) and (3) of section 35 of the 1948 Act (duty of local authorities to exercise functions under Part III of that Act) in accordance with regulations), section 36 of that Act (default powers of Minister), and section 54 of that Act (inquiries for the purposes of that Act) so far as it relates to England and Wales |
| paragraph 11 and (c) (so far as sub-paragraph (c) relates to section 46 of the 1990 Act) | Amendment of Schedule 1 to the Local Authority Social Services Act1970 (enactments conferring social services functions assigned to socialservices committee) |
| paragraph 12 | Amendment of section 2 of the Chronically Sick and Disabled Persons Act 1970(6) (provision of welfare services) so far as it relates to England and Wales |
| Section 66 and Schedule 10 so far as they relate to the following enactments - | |
| Sections 35 and (3), 36 and 54 (so far as it relates to England and Wales) of the 1948 Act, section 45 of the Health Services and Public Health Act 1968, section 2(1) of the Chronically Sick and Disabled Persons Act 1970 (so far as it relates to England and Wales) | Repeals |
(This note is not part of the Order)
This Order brings into force on 1st April 1991 the provisions of Part III (Community Care: England and Wales) and Part V (Miscellaneous and General) of the National Health Service and Community Care Act 1990 specified in the Schedule to this Order and makes a transitional provision in respect of inquiries under the National Assistance Act 1948.
(This note is not part of the Order)
This Order has been preceded by three earlier Orders entitled respectively The National Health Service and Community Care Act 1990 (Commencement No. 1) Order 1990 (S.I. 1990/1329) commencing provisions of Parts I and V of the Act relating to England and Wales; The National Health Service and Community Care Act 1990 (Commencement No. 2) (Scotland) Order 1990 (S.I. 1990/1520) commencing certain provisions of Parts II and V of, and Schedules 6, 9 and 10 to, the Act relating to Scotland and The National Health Service and Community Care Act 1990 (Commencement No. 3 and Transitional Provisions) (Scotland) Order 1990 (S.I. 1990/1793) commencing certain provisions of Parts II and V of, and Schedules 5, 9 and 10 to, the Act relating to Scotland.
These Orders made respectively on 2nd and 18th July 1990 and 28th August 1990, brought into force at various dates, both before and after the date of this Order, provisions of Parts I, II and V of, and of Schedules 1 to 6 and 8 to 10 to, the National Health Service and Community Care Act 1990.
The following Tables of this Note set out in chronological order the provisions of the Act, the subject matter of the provisions, the dates of coming into force and the number of the Order bringing the provisions into force, as provided in those earlier Commencement Orders. In the Tables references to "the 1977 Act" are to the National Health Service Act 1977(7), and to "the 1978 Act" are to the National Health Service (Scotland) Act 1978(8).
| Column 1 | Column 2 |
|---|---|
| Provision of the Act | Subject Matter |
| In section 1 - subsection (1)(c) | Regional and District Health Authorities |
| In section 2 - subsection (3)(b) | Family Health Services Authorities |
| Section 5 | NHS trusts |
| Section 6 | Transfer of staff to NHS trusts |
| Section 7 | Supplementary provisions as to transfer of staff |
| Section 8 | Transfer of property, rights and liabilities to NHS trusts |
| Section 9 | Originating capital debt of, and other financial provisions relating to NHS trusts |
| Section 10 | Financial obligations of NHS trusts |
| Section 11 | Trust-funds and trustees for NHS trusts |
| In section 20 - subsection (1) so far as it relates to paragraph 4 of Schedule 4 and subsections (4), (5), (6) and (7) | Extension of functions etc. of Audit Commission to cover the health service |
| In section 26 - subsection (1) and in subsection (2) paragraphs (a), (c), (d) so far as it relates to the definition of "National Health Service trust", (e), (g) and (i) | Interpretation of Part I of the Act |
| In section 59 - subsection (2) | Parliamentary disqualification |
| Section 64 | Financial provisions |
| Section 65 | Regulations, orders and directions |
| Section 66(1) and Schedule 9 so far as relating to the following provisions of that Schedule:- paragraphs 2, 5(4), 6, 7, 8, 9, 13, 17, 18(1)(b) and (3)to (13), 20, 21(a) and (b), 22, 23, 24(1), (2), (3)(a) and (b), (4), (5) and (7) to (9), 26, 27, 29, 30(1)(a) and (2), 31, 32, 33, 35, 36 and 37 | Minor and consequential amendments |
| Section 66(2) and Schedule 10 so far as relating to the following enactments:-sections 8(5) and 10(7) of the 1977 Act | Repeals |
| Schedule 2 | National Health Service trusts |
| Schedule 3 | Financial provisions relating to NHS trusts |
| In Schedule 4 - paragraph 4 | Amendment of section 14 of the Local Government Finance Act 1982(9) |
| Column 1 | Column 2 |
|---|---|
| Provision of the Act | Subject Matter |
| In section 29, sub-section (3)(a), (b) and (4) | Local health councils and University Liaison Committees |
| Section 31 | National Health Service trusts |
| Section 32 | Further provisions relating to NHS trusts |
| Section 33 | Trust property of NHS trusts |
| Section 66(1) so far as it relates to the following provisions of Schedule 9:- paragraphs 1, 3, 4, 10(12) and (14)(b), 14, 19(4), (5), (7)(a)(ii), (9) to (14), (16) to (19), (21), (22)(b), (c) (so far as it relates to the definition of "National Health Service trust") and (d) and (24), 21(c) and 28 | Minor and consequential amendments |
| Schedule 6 | Schedules about NHS trusts to be inserted after Schedule 7 to the 1978 Act. |
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provision of the Act | Subject Matter | Date brought into force |
| In section 1 - subsections (4)(a) and (5) | Members of health authorities to cease to be members (so far as relating to Regional Health Authorities) | 25th July 1990 |
| In section 1 - subsection (1)(a) | Regional and District Health Authorities (so far as relating to Regional Health Authorities) | 26th July 1990 |
| In section 1 - subsection (2) | Membership of health authorities (so far as relating to paragraph 1 of Schedule 1 and to paragraph 1 of Schedule 5 to the 1977 Act) | 26th July 1990 |
| In section 1 - subsection (3) | Supplementary provisions as to health authorities (so far as relating to paragraphs 6, 8 and 9 of Schedule 1 to the Act and paragraphs 7 and 10 of that Schedule so far as relating to Regional Health Authorities) | 26th July 1990 |
| In section 59 - subsection 1 | Parliamentary disqualification (so far as relating to Regional Health Authorities) | 26th July 1990 |
| In Schedule 1 - | Health authorities and Family Health Services Authorities | |
| paragraph 1 | Membership of Regional Health Authorities | 26th July 1990 |
| paragraphs 6, 8 and 9, and, so far as relating to Regional Health Authorities, paragraphs 7 and 10 | Amendments of Part III of Schedule 5 to the 1977 Act | 26th July 1990 |
| In section 1 - subsections (4) and (5) so far as not already in force | Membership of health authorities | 16th September 1990 |
| In section 2 - subsection (5) | Members of Family Practitioner Committees ceasing to be members | 16th September 1990 |
| Column 1 | Column 2 |
|---|---|
| Provision of the Act | Subject Matter |
| Section 1 | Regional and District Health Authorities |
| Section 2 | Family Health Services Authorities |
| In section 3 - subsections (3) and (4) | Exercise of functions by health authorities etc. |
| In section 12 - subsections (1), (2), (3) and (4) | Functions of Family Health Services Authorities |
| Section 14 | Recognition of fund-holding practices of doctors |
| Section 21 | Schemes for meeting losses and liabilities etc. |
| Section 24 | Limitations on right to be included on list of dental practitioners |
| In section 26 - subsection (2)(b) and (f) | Interpretation of Part I of the Act |
| In section 59 - subsection (1) | Parliamentary disqualification |
| Section 61 | Health service bodies: taxation |
| Section 62 | Clinical Standards Advisory Group |
| Section 66(1) so far as it relates to paragraphs 18(1)(a) and (c) and (2), 24(3)(c) and 34 of Schedule 9 | Minor and consequential amendments |
| Schedule 1 | Health authorities and Family Health Services Authorities |
| Section 66(2) and Schedule 10 so far as they relate to the following enactments - | Repeals |
| Sections 8(1) to (3), 11(1), 12(a), 13(1), 14, 16, 18(3), 41(b), 55, 91(3)(b), 97(6) and 99(1)(b) of and paragraph 8 of Schedule 5 to the 1977 Act | |
| Section 22 of and Schedule 1 to the Health Services Act 1980(10) | |
| The Public Health (Control of Disease) Act 1984(11) |
| Column 1 | Column 2 |
|---|---|
| Provision of the Act | Subject Matter |
| In Section 27 - subsection (3) | Health Boards, the Common Services Agency and state hospitals |
| Section 28 | Special Health Boards |
| Section 29 so far as not already in force | Abolition of Scottish Health Service Planning Council and amendments in relation to local consultation committees |
| Section 34 in relation to the provisions of section 87A and of section 87B(1) (so far as section 87B(1) provides for the meaning of "recognised fund -� holding practice" and "allotted sum"), to be inserted into the 1978 Act | Fund-holding practices - recognition |
| In section 36, subsection (2) to (8) | Accounts and audit of NHS trust and fund-holding practices |
| Section 37 | Relationship of Health Boards and medical practitioners (references to "relevant Health Board") |
| Section 40 | Limitations on the right to be included in the list of dental practitioners |
| Section 41 | Schemes for meeting losses and liabilities etc. of certain health service bodies |
| Section 66(1) so far as it relates to the provisions of Schedule 9 to the Act referred to in this Table | Minor and consequential amendments |
| Section 66(2) so far as it relates to repeal of those enactments specified in Schedule 10 to the Act referred to in this Table | Repeals |
| Schedule 5 | Amendments in relation to Health Boards, the Common Services Agency and state hospitals |
| Schedule 9 so far as it relates to provisions of paragraph 19:- sub-paragraphs (1) to (3), (6), (7) (so far as not already in force), (8), (15), (20) and (22)(a) and (e) | Minor and consequential amendments |
| Schedule 10 so far as it relates to the following enactments - | Repeals |
| In the 1978 Act, sections 5 and 6, 10(4), 85(1)(a), 108(1), and Schedule 3 | |
| In the Health and Medicines Act 1988(12) Schedule 2, paragraph 11 |
| Column 1 | Column 2 |
|---|---|
| Provision of the Act | Subject Matter |
| Section 20 | Extension of functions of the Audit Commission |
| Section 66 and Schedule 10 | Repeals |
| Sections 98(1)(b) and (3) of the 1977 Act and the Local Government and Housing Act 1989(13) | |
| Schedule 4 | Amendments of Part III of the Local Government Finance Act 1982 |
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provision of the Act | Subject Matter | Date coming into Force |
| In section 12 - subsection 4 | Recognition of certain local committees | 1st January 1991 |
| Section 22 | Medical Practices Committee | 1st January 1991 |
| Section 23 | Distribution of general medical services | 1st January 1991 |
| Section 66 and Schedule 0 so far as relating to section 33(7) of the 1977 Act | Repeals | 1st January 1991 |
| In section 3 - subsections (1), (2)and (5) to (8) | Primary and other functions of health authorities etc. | 1st April 1991 |
| Section 4 | NHS contracts | |
| Section 13 | Financial duties in relation to Family Health Services Authorities | 1st April 1991 |
| Section 15 | Payments to recognised fund-holding practices | 1st April 1991 |
| Section 16 | Renunciation and removal of recognition as a fund-holding practice and withholding of funds | 1st April 1991 |
| Section 17 | Transfer of functions relating to recognised fund-holding practices | 1st April 1991 |
| Section 18 | Indicative amounts for doctors' practices | 1st April 1991 |
| Section 19 | Amendments relating to funding of health authorities etc. | 1st April 1991 |
| Section 25 | Transfer to DHA of certain functions relating to private patients | 1st April 1991 |
| Section 26 | Interpretation of Part I, so far as not already in force | 1st April 1991 |
| Section 60 | Removal of Crown immunities | 1st April 1991 |
| Section 63 | Repeal of remaining provisions of Health Services Act 1976(14) | 1st April 1991 |
| Section 66 and Schedule 10 so far as they relate to the following enactments - | Repeals | 1st April 1991 |
| The Nursing Homes Registration (Scotland) Act 1938(15) | 1st April 1991 | |
| The Fire Precautions Act 1971(16) | 1st April 1991 | |
| The Health Services Act 1976 | 1st April 1991 | |
| Paragraph 15(2) of Schedule 5 to the 1977 Act | 1st April 1991 | |
| Sections 2(9) and 10(9) of the 1978 Act | 1st April 1991 | |
| The Employment Protection (Consolidation) Act 1978(17) | 1st April 1991 | |
| Sections 12 to 15 of and Schedules 2, 3 and 4 to the Health Services Act 1980 | 1st April 1991 | |
| The Registered Homes Act 1984(18) | 1st April 1991 | |
| The National Health Service (Amendment) Act 1986(19) | 1st April 1991 | |
| Schedule 8 | Provisions arising out of removal of Crown immunities from health service bodies | 1st April 1991 |
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provision of the Act | Subject Matter | Date coming into force |
| Section 38 | Scottish Medical Practices Committee | 1st January 1991 |
| Section 39 (subject to transitional provision) | Distribution of general medical services | 1st January 1991 |
| Section 66(2) and Schedule 10 so far as they relate to section 23(7) of the 1978 Act | Repeals | 1st January 1991 |
| Section 27(1) and (2) (in relation to members of a Health Board or the management committee of the Common Services Agency) | Health Boards, the Common Services Agency and state hospitals | 31st March 1991 |
| Section 30 | NHS contracts | 1st April 1991 |
| Section 34, so far as not already in force | Fund-holding practices of general medical practitioners | 1st April 1991 |
| Section 66(1) and Schedule 9 so far as they relate to paragraph 19(22)(c) (so far as not already in force) and (23) | Minor and consequential amendments | 1st April 1991 |
| Section 66(2) and Schedule 19 so far as they relate to sections 7(2) and 57(3) of the 1978 Act | Repeals | 1st April 1991 |
| Section 27(1) and (2) (so far as not already in force) | Health Boards, the Common Services Agency and state hospitals | 31st March 1992 |
| Section 35 | Indicative amounts for doctors, practices | 1st April 1992 |
1989 c. 41. At the time of the making of this Order, no day had been appointed for the coming into force of section 81.
1938 c. 73 (1 and 2 Geo. 6).
