Citation and interpretation

1.-(1) This Order may be cited as the Health Act 1999 (Commencement No. 5) Order 1999.

(2) In this Order-

"the Act" means the Health Act 1999;

"the 1977 Act" means the National Health Service Act 1977(2).

(3) Subject to paragraphs (4) and (5), this Order extends to England.

(4) Article 2(1)(b) to (d) and (3)(a) extends also to Wales.

(5) Article 2(1)(c) and (d) extends also to Scotland and Northern Ireland.

Appointed days

2.-(1) 1st November 1999 is the day appointed for the coming into force of-

(a)to the extent there specified, each provision of the Act specified in column 1 of Schedule 1 to this Order;

(b)to the extent there specified, each provision of the Act specified in column 1 of Schedule 2 to this Order;

(c)section 25 of the Act;

(d)in Schedule 5 to the Act, the repeal related to section 62 of the National Health Service and Community Care Act 1990(3), and section 65(2) in so far as it relates to that repeal.

(2) 4th January 2000 is the day appointed for the coming into force of sections 18 and 20 of the Act, in so far as they are not already in force, and section 21 of the Act.

(3) 1st April 2000 is the day appointed for the coming into force of-

(a)each provision of the Act specified in column 1 of Schedule 3 to this Order;

(b)sections 9, 26 to 28, 29, in so far as it is not already in force, and 30 to 32 of the Act;

(c)the following paragraphs of Schedule 4 to the Act (amendments of enactments) and section 65(1) of the Act in so far as it relates to those paragraphs-

(i)paragraph 14, in so far as it is not already in force, and paragraph 4 in so far as it relates to that paragraph,

(ii)paragraph 72.

Article 2(1)(a)

SCHEDULE 1PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST NOVEMBER 1999 IN RELATION ONLY TO ENGLAND

Article 2(1)(b)

SCHEDULE 2PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST NOVEMBER 1999 IN RELATION TO ENGLAND AND WALES

Article 2(3)(a)

SCHEDULE 3PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST APRIL 2000 IN RELATION TO ENGLAND AND WALES

Explanatory Note

(This note is not part of the Order)

This Order brings into force further provisions of the Health Act 1999.

Provisions which are brought into force on 1st November 1999 in relation only to England relate to the duty of quality, payments by NHS bodies to local authorities, evasion of charges, and the Health Service Commissioners. Provisions which are brought into force on 1st November 1999 in relation to England and Wales relate to the Commission for Health Improvement. Section 25 (abolition of the Clinical Standards Advisory Group) and related provisions are brought into force on that date in relation to England, Wales, Scotland and Northern Ireland.

Sections 18 (duty of quality) and 20 (functions of the Commission for Health Improvement), in so far as they relate to Primary Care Trusts, and section 21 (arrangements between the Commission for Health Improvement and the Audit Commission) are brought into force in relation to England on 4th January 2000.

Provisions which are brought into force on 1st April 2000 in relation to England and Wales relate to high security psychiatric services. Provisions which are brought into force on that date in relation only to England relate to indemnity cover for services provided under Part II of the National Health Service Act 1977, and partnership between NHS bodies and local authorities (including plans for improving health, payments or arrangements between NHS bodies and local authorities, and the repeal of provisions relating to Joint Consultative Committees).

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Health Act 1999 have been, or are to be, brought into force by commencement order made before the date of this Order. In addition to the provisions listed below, various provisions of Part II of, and Schedules 4 and 5 to, the Act that extend only to Scotland have been brought into force on 1st October 1999 by the Health Act 1999 (Commencement No. 4) Order 1999, S.S.I. 1999/90 (C. 66).