Statutory Instruments
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
Made
18th August 1999
The Secretary of State for Health, in exercise of powers conferred on him by section 67(1) and (2) of the Health Act 1999(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 Health Act 1999 (Commencement No. 2) 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) This Order extends to England and article 2(3)(b) and (4)(b) extends also to Wales.
2.-(1) 1st September 1999 is the day appointed for the coming into force, to the extent there specified, of each provision of the Act specified in column 1 of Schedule 1 to this Order.
(2) 8th September 1999 is the day appointed for the coming into force of-“
(a)section 2(1) of the Act in so far as it relates to section 16A(4) and (5) of the 1977 Act (consultation requirements);
(b)section 2(1) and (2) of, and Schedule 1 to, the Act in so far as they relate to paragraphs 20(2) and (3) and 23(3) of Schedule 5A to the 1977 Act (further consultation requirements) and section 16A(6) of the 1977 Act in so far as it relates to those paragraphs.
(3) 4th January 2000 is the appointed day for the coming into force-“
(a)to the extent there specified, of each provision of the Act specified in column 1 of Schedule 2 to this Order; and
(b)of 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 76(a)(i) and paragraph 74 in so far as it relates to that paragraph,
(ii)paragraph 85(2)(a) and paragraph 85(1) in so far as it relates to that paragraph.
(4) 1st April 2000 is the appointed day for the coming into force-“
(a)to the extent there specified, of each provision of the Act specified in column 1 of Schedule 3 to this Order;
(b)of 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 73,
(ii)paragraph 82 and paragraph 74 in so far as it relates to that paragraph,
(iii)paragraph 86.
Signed by authority of the Secretary of State for Health
John Hutton
Parliamentary Under Secretary of State,
Department of Health
18th August 1999
Article 2(1)
Column (1) | Column (2) |
---|---|
Provision of the Act | Subject matter |
Section 4-“ | Expenditure of Health Authorities |
| |
| Expenditure of Health Authorities |
| Expenditure of Health Authorities |
| Expenditure of Health Authorities |
Section 8 | Payments to Health Authorities relating to their past performance |
Section 11 (except that the references in subsection (3) of section 44 of the 1977 Act inserted by subsection (4), to arrangements made under section 28C of the 1977 Act are brought into force for the purposes only of pilot schemes under Part I of the National Health Service (Primary Care) Act 1997) | Local representative committees |
Section 12-“ | Directions to Health Authorities, Special Health Authorities and NHS trusts |
| |
| |
| |
| |
Section 15 | Public dividend capital of NHS trusts |
Section 16 | Conversion of initial loans of existing NHS trusts |
Section 17 | Borrowing by NHS trusts |
Section 65(1) (in so far as it relates to the provisions of Schedule 4 specified below) | Amendments of enactments |
Schedule 4-“ | Amendments of enactments |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
|
Article 2(3)
Column (1) | Column (2) |
---|---|
Provision of the Act | Subject matter |
Section 2 (in so far as it is not already in force) | Primary Care Trusts |
Section 5 (except that the references in section 18A as inserted by section 5 to arrangements made under section 28C of the 1977 Act are brought into force for the purposes only of pilot schemes under Part I of the National Health Service (Primary Care) Act 1997) | Primary Care Trusts: provision of services |
Section 6(1) | Delegation of Health Authority functions in relation to pilot schemes under the National Health Service (Primary Care) Act 1997 |
Section 7 | Primary Care Trusts: trust-funds and trustees |
Section 12 (in so far as it is not already in force) | Directions |
Section 65(1) (in so far as it relates to the provisions of Schedule 4 specified below) | Amendments of enactments |
Schedule 1 (in so far as it is not already in force except in so far as it inserts paragraphs 16 and 17 of Schedule 5A to the 1977 Act) | Primary Care Trusts |
Schedule 4-“ | |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
|
Article 2(4)
Column (1) | Column (2) |
---|---|
Provision of the Act | Subject matter |
Section 3 (but only for the purposes of the financial year 2000-“2001 and subsequent financial years) | Primary Care Trusts: finance |
Section 4 (in so far as it is not already in force except that the provisions of Schedule 12A to the 1977 Act relating to Primary Care Trusts are brought into force only for the purposes of the financial year 2000-“2001 and subsequent financial years) | Expenditure of Primary Care Trusts |
Section 65(1) (in so far as it relates to the provisions of Schedule 4 specified below) | Amendments of enactments |
Schedule 1 (in so far as it is not already in force except that paragraphs 16 and 17 of Schedule 5A to the 1977 Act are brought into force only for the purposes of the financial year 2000-“2001 and subsequent financial years) | Primary Care Trusts |
Schedule 4-“ | Amendments of enactments |
| |
| |
| |
|
(This note is not part of the Order)
This Order brings into force further provisions of the Health Act 1999 ("the 1999 Act").
Provisions which are brought into force on 1st September 1999 relate to the funding and expenditure of Health Authorities and directions to Health Authorities, Special Health Authorities and NHS trusts. Provisions are also brought into force on that date relating to local representative committees and NHS trust finance.
Provisions concerning consultation requirements which apply before orders establishing or dissolving Primary Care Trusts, transferring staff to a Primary Care Trust and transferring the property, rights and liabilities of a dissolving Primary Trust are brought into force on 8th September 1999.
Provisions brought into force on 4th January 2000 relate to the establishment and functions of Primary Care Trusts.
The provisions which are brought into force on 1st April 2000 relate to the funding of Primary Care Trusts and their accounts.
(This note is not part of the Order)
The following provisions of the Health Act 1999 have been brought into force by commencement order made before the date of this Order:
Provision | Date of Commencement | S.I. No. |
---|---|---|
s. 33 (1) to (6) (partially) | 1.9.99 | 1999/2177 |
s. 34 (partially) | 3.8.99 | 1999/2177 |
(remainder) | 1.11.99 | 1999/2177 |
s. 36 (partially) | 3.8.99 | 1999/2177 |
s. 37 (partially) | 3.8.99 | 1999/2177 |
(1) to (9) (remainder) | 1.11.99 | 1999/2177 |
s. 38 (6) (partially) | 3.8.99 | 1999/2177 |
(partially) | 1.9.99 | 1999/2177 |
(partially) | 1.11.99 | 1999/2177 |
s. 62 | 3.8.99 | 1999/2177 |
s. 63 | 3.8.99 | 1999/2177 |
s. 64 | 3.8.99 | 1999/2177 |
1999 c. 8. The power of the Secretary of State under section 67 of the Act to appoint a day for the coming into force in relation to Wales of any of the provisions listed in section 66(2)(a) to (c) of the Act are exercisable instead by the National Assembly for Wales by virtue of section 66(2) of the Act.