The National Health Service and Community Care Act 1990 (Commencement No. 7) Order 1991

Made: 28th February 1991

In exercise of powers conferred by section 67(2) of the National Health Service and Community Care Act 1990[^f00001] and of all other powers enabling me in that behalf, I hereby make the following Order:

1

This Order may be cited as the National Health Service and Community Care Act 1990 (Commencement No. 7) Order 1991.

2

6th March 1991 is the day appointed for the coming into force of the following provisions of section 4 of the National Health Service and Community Care Act 1990—

• (a) subsection (4),

• (b) subsections (1), (2), (5), (6) and (9) so far as they relate to a reference under subsection (4) of that section.

Signed

William Waldegrave — Secretary of State for Health — 28th February 1991

Explanatory note

(This note is not part of the Order)

This Order brings section 4 of the National Health Service and Community Care Act 1990 partially into force on 6th March 1991. Section 4 defines an NHS contract and specifies the health service bodies that can enter into such a contract. The provisions brought into force by the Order enable a health service body, in the course of negotiations intending to lead to an arrangement which will be an NHS contract, to refer the proposed arrangement to the Secretary of State for determination if it considers that the terms of the proposed arrangement cannot be agreed because of the unequal bargaining position as between the prospective parties.

Section 4 comes fully into force on 1st April 1991 by virtue of article 2(8) of and Schedule 3 to the National Health Service and Community Act 1990 (Commencement No. 1) Order 1990 (S.I. 1990/1329).

Footnotes

[^f00001]: 1990 c. 19.