LegalizeThe National Health Service and Community Care Act 1990 (Commencement No. 4 and Transitional Provision) Order 1990
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[^f00001] and of all other powers enabling him in that behalf hereby makes the following Order:
Citation and interpretation
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[^f00002].
Day appointed
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.
Transitional provision
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[^f00003] comes into force.
SCHEDULE — PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST APRIL 1991
| 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[^f00004] 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[^f00005] 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[^f00006] (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 |
Signed
William Waldegrave — Secretary of State for Health — 7th November 1990
Explanatory note
(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.
Footnotes
[^f00001]: 1990 c. 19.
[^f00002]: 1948 c. 29.
[^f00003]: 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.
[^f00004]: 1968 c. 46.
[^f00005]: 1970 c. 42.
[^f00006]: 1970 c. 44.
[^f00007]: 1977 c. 49.
[^f00008]: 1978 c. 29.
[^f00009]: 1982 c. 32.
[^f00010]: 1980 c. 53.
[^f00011]: 1984 c. 22.
[^f00012]: 1988 c. 49.
[^f00013]: 1989 c. 42.
[^f00014]: 1976 c. 83
[^f00015]: 1938 c. 73 (1 and 2 Geo. 6).
[^f00016]: 1971 c. 40.
[^f00017]: 1978 c. 44
[^f00018]: 1984 c. 23.
[^f00019]: 1986 c. 66.
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