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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Part 6 — Final provisions

109

 

194     

Interpretation

In this Act—

“the 1977 Act” means the National Health Service Act 1977 (c. 49);

“the Assembly” means the National Assembly for Wales.

195     

Orders and regulations

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(1)   

Any order or regulations under this Act—

(a)   

may make different provision for different purposes; and

(b)   

may make incidental, supplementary, consequential, transitory or

transitional or saving provision.

(2)   

Any power to make regulations conferred by this Act (as well as being

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exercisable in relation to all cases to which it extends) may be exercised in

relation to all those cases subject to exceptions or in relation to any particular

case or class of case.

(3)   

Before making any regulations under Part 3 the Secretary of State must consult

the Assembly.

15

(4)   

Any power to make an order or regulations under this Act is exercisable by

statutory instrument.

(5)   

The Secretary of State may not make a statutory instrument containing—

(a)   

regulations under section 150(12),

(b)   

the first regulations made under section 35 or 153(2), or

20

(c)   

an order or regulations under this Act making, by virtue of subsection

(1)(b) or section 200 or 201, provision which amends or repeals any part

of the text of an Act (including an Act of the Scottish Parliament),

   

unless a draft of the instrument has been laid before, and approved by

resolution of, each House of Parliament.

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(6)   

A statutory instrument containing any other order or regulations under this

Act made by the Secretary of State (apart from an order under section 22, 25(3),

28 or 199) is subject to annulment in pursuance of a resolution of either House

of Parliament.

(7)   

The Scottish Ministers may not make a statutory instrument containing—

30

(a)   

regulations under section 150(12),

(b)   

the first regulations made under section 153(2), or

(c)   

an order or regulations under this Act making, by virtue of subsection

(1)(b) or section 200 or 201, provision which amends or repeals any part

of the text of an Act (including an Act of the Scottish Parliament),

35

   

unless a draft of the instrument has been laid before, and approved by

resolution of, the Scottish Parliament.

(8)   

A statutory instrument containing any other order or regulations under this

Act made by the Scottish Ministers (apart from an order under section 199) is

subject to annulment in pursuance of a resolution of the Scottish Parliament.

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196     

Repeals and revocations

The enactments mentioned in Schedule 13 (which include provisions of Acts of

the Scottish Parliament) are repealed or revoked to the extent specified.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 6 — Final provisions

110

 

197     

Wales

(1)   

In Schedule 1 to the National Assembly for Wales (Transfer of Functions)

Order 1999 (S.I. 1999/672), any reference to an Act which is amended by this

Act shall (as from the time when the Act is so amended) be treated as referring

to that Act as amended by this Act.

5

(2)   

Subsection (1) does not affect the power to make further Orders varying or

omitting any reference to an Act which is amended by this Act.

198     

Isles of Scilly

The Secretary of State may by order provide that this Act, in its application to

the Isles of Scilly, is to have effect with such modifications as may be specified

10

in the order.

199     

Commencement

(1)   

Subject to this section—

(a)   

the provisions of Parts 1 to 5, and

(b)   

section 196 and Schedule 13,

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shall come into force on such day as the appropriate authority may by order

appoint.

(2)   

The appropriate authority is—

(a)   

in relation to Part 1, and section 196 and Schedule 13 so far as relating

to that Part, the Secretary of State;

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(b)   

in relation to Part 2—

(i)   

for section 42 and Schedule 6, section 57, Chapter 5, sections 102

to 105, 110, 112, 116(1), 124, 125, 127, 129, 131, 133, 135 and 139,

section 147 and Schedule 8 so far as relating to the Commission

for Social Care Inspection, and section 196 and Schedule 13 so

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far as relating to those provisions, the Secretary of State;

(ii)   

for sections 47 and 63, Chapters 4 and 6, sections 109, 116(2), 142

to 145 and section 196 and Schedule 13 so far as relating to those

provisions, the Assembly;

(iii)   

for sections 106 to 108, 111, 113, 114, 115, 116(3), 117, section 147

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and paragraph 4 of Schedule 8 and section 196 and Schedule 13

so far as relating to those provisions, the Secretary of State, in

relation to England, and the Assembly, in relation to Wales; and

(iv)   

for the other provisions of the Part, and section 196 and

Schedule 13 so far as relating to those provisions, the Secretary

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of State after consulting the Assembly;

(c)   

in relation to Part 3, and section 196 and Schedule 13 so far as relating

to that Part—

(i)   

in relation to England and Wales, the Secretary of State after

consulting the Assembly; and

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(ii)   

in relation to Scotland, the Scottish Ministers with the consent

of the Secretary of State;

(d)   

in relation to section 181, and section 196 and Schedule 13 so far as

relating to section 181, the Secretary of State;

(e)   

in relation to the other provisions of Part 4, and section 196 and

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Schedule 13 so far as relating to those provisions—

 

 

Health and Social Care (Community Health and Standards) Bill
Part 6 — Final provisions

111

 

(i)   

in relation to England, the Secretary of State; and

(ii)   

in relation to Wales, the Assembly;

(f)   

in relation to Part 5, and section 196 and Schedule 13 so far as relating

to that Part, the Secretary of State.

(3)   

Different days may be appointed for different purposes.

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(4)   

Subsection (1) does not apply in relation to any provision of this Act so far as it

confers power to make an order or regulations, or to section 167, 186 or 192.

200     

Transitional or transitory provision and savings

(1)   

The appropriate authority may by order make such transitional or transitory

provisions and savings as the authority considers appropriate in connection

10

with the coming into force of any provision of this Act.

(2)   

For the purposes of this section “appropriate authority”, in relation to any

provision of this Act, means the authority which is the appropriate authority

in relation to that provision for the purposes of section 199.

(3)   

An order under this section may modify any Act (including an Act of the

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Scottish Parliament) or subordinate legislation.

(4)   

Nothing in any transitional or transitory provisions and savings contained in

this Act restricts the power under this section to make other transitional

provisions and savings.

201     

Supplementary and consequential provision

20

(1)   

The appropriate authority may by order make such supplementary, incidental

or consequential provision as he or it thinks appropriate for the purposes of, in

consequence of or for giving full effect to any provision of this Act.

(2)   

For the purposes of this section “appropriate authority”, in relation to any

provision of this Act, means the authority which is the appropriate authority

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in relation to that provision for the purposes of section 199.

(3)   

An order under this section may modify any Act (including an Act of the

Scottish Parliament) or subordinate legislation.

(4)   

The power under this section is not restricted by any other provision of this

Act.

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202     

Extent

(1)   

The amendment or repeal of any provision by this Act has the same extent as

the provision being amended or repealed (subject to any express limitation

contained in this Act).

(2)   

Subject to that and except as provided below this Act extends to England and

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Wales only.

(3)   

The following provisions also extend to Scotland—

(a)   

sections 124 and 125;

(b)   

Part 3, except for section 163(3);

(c)   

sections 185, 187 and 188 and Schedule 11;

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(d)   

this Part.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 6 — Final provisions

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(4)   

The following provisions also extend to Northern Ireland—

(a)   

sections 124 and 125;

(b)   

section 186;

(c)   

sections 187, 188 and Schedule 11;

(d)   

this Part.

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203     

Short title

This Act may be cited as the Health and Social Care (Community Health and

Standards) Act 2003.

 

 

 
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Revised 13 November 2003