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United Kingdom Statutory Instruments
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URL: http://www.bailii.org/uk/legis/num_reg/2001/20013752.html

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STATUTORY INSTRUMENTS

2001 No. 3752 (C. 122)

SOCIAL CARE, ENGLAND AND WALES

SOCIAL CARE, SCOTLAND

The Health and Social Care Act 2001 (Commencement No. 5) Order 2001

  Made 7th November 2001 

The Secretary of State for Health, in exercise of the powers conferred upon him by sections 64(6) and 70(2) of the Health and Social Care Act 2001[1], hereby makes the following Order:

Citation, interpretation and extent
     1.  - (1) This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 5) Order 2001.

    (2) In this Order - 

    (3) Article 2(1) and article 3 of this Order extend to England, Wales and Scotland[2].

    (4) Article 2(2) of this Order extends to England only.

Appointed days in respect of section 50 of the Act
     2.  - (1) 8th April 2002 is the appointed day for the coming into force of subsection (1) of section 50 of the Act.

    (2) 20th December 2001 is the appointed day for the coming into force of - 

Appointed day in respect of sections 51 and 52 of the Act
     3. 8th November 2001 is the appointed day for the coming into force of sections 51 and 52 of the Act.



Signed by authority of the Secretary of State for Health


Jacqui Smith
Minister of State, Department of Health

7th November 2001


EXPLANATORY NOTE

(This note is not part of the Order)


This Order is the fifth Commencement Order made under the Health and Social Care Act 2001 ("the Act").

Article 2(1) brings into force in England, Wales and Scotland, on 8th April 2002, subsection (1) of section 50 of the Act, which provides that section 26A of the National Assistance Act 1948 (c. 29) ("the 1948 Act") and section 86A of The Social Work (Scotland) Act 1968 (c. 49) shall cease to have effect. Sections 26A and 86A prevent local authorities from providing residential accommodation for persons who were in such accommodation on 31st March 1993.

Article 2(2) brings into force in England, on 20th December 2001, subsections (2) to (7) and (10) of section 50 of the Act and subsection (8) of that section in so far as it has not been brought into force by section 70(2) of the Act. The provisions commenced provide for the transfer to local authorities in England of responsibilities as to accommodation for persons to whom section 26A(1) of the 1948 Act applies.

Article 3 brings into force in England, Wales and Scotland, on 7th November 2001 sections 51 and 52 of the Act. Those sections provide for the disclosure of information and the alignment of social security benefits.


NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)


The following provisions of the Health and Social Care Act 2001 have been brought into force in relation to England by commencement order made before the date of this Order:

Provision Date of Commencement S.I. No
section 1 (partially) 22nd October 2001 2001/3619
section 3 1st August 2001 2001/2804
section 4 1st August 2001 2001/2804
section 6 1st October 2001 2001/3294
section 13 1st August 2001 2001/2804
section 27 (partially) 1st October 2001 2001/3294
section 27 (remainder) 1st December 2001 2001/3294
section 46 (partially) 1st August 2001 2001/2804
section 47 1st August 2001 2001/2804
section 48 1st August 2001 2001/2804
Schedule 4 1st August 2001 2001/2804
section 49 (partially) 1st October 2001 2001/3294
section 53 1st October 2001 2001/3167
section 54 (partially) 1st October 2001 2001/3167
section 55 (partially) 1st October 2001 2001/3167
section 67(1) (partially) 1st October 2001 2001/3294
section 67(1) (partially) 22nd October 2001 2001/3619
Schedule 5, paragraph 5 (partially), paragraph 15 (partially) 22nd October 2001 2001/3619
section 67(1) (partially) 1st December 2001 2001/3294
Schedule 5, paragraphs 3, 5 (partially) and 10 1st October 2001 2001/3294
Schedule 5 (partially) 1st December 2001 2001/3294

Notes:

 [1] 2001 c. 15.back

[2] See the Health and Social Care Act 2001, section 70(3)(b) and (4)(b) for the definition of "relevant authority" in relation to, and section 70(5) and (6) for the extent of, sections 50 to 52 of that Act.back


ISBN 0 11 038887 9


 © Crown copyright 2001

Prepared 28 November 2001

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