LegalizeThe National Health Service and Community Care Act 1990 (Commencement No. 10) Order 1992
Made: 30th November 1992
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:—
Citation and interpretation
1
- (1) This Order may be cited as the National Health Service and Community Care Act 1990 (Commencement No. 10) Order 1992.
- (2) In this Order, “the Act” means the National Health Service and Community Care Act 1990.
Days appointed
2
- (1) 10th December 1992 is the day appointed for the coming into force of—
- (a) section 49 of the Act (transfer of staff from health service to local authorities);
- (b) in Schedule 9 to the Act (minor and consequential amendments) paragraph 16 (amendment of section 99(1)(b) of the Children Act 1975[^f00002]—inquiries in Scotland), and section 66(1) of the Act so far as it relates to that paragraph; and
- (c) section 66(2) of and Schedule 10 to the Act (repeals) so far as they relate to section 99(1)(b) of the Children Act 1975.
- (2) 1st April 1993 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 (which relate to the matters specified in the second column of that Schedule) and of section 66(1) and (2) of the Act so far as they relate to the provisions of Schedules 9 and 10 to the Act respectively, specified in that column.
- (3) 12th April 1993 is the day appointed for the coming into force of—
- (a) section 45 of the Act (recovery of charges due to local authorities for accommodation; and
- (b) in Schedule 9 to the Act (minor and consequential amendments) paragraph 25(2) (recovery of sums due to local authority where persons in residential accommodation have disposed of assets), and section 66(1) so far as it relates to that paragraph.
SCHEDULE — PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST APRIL 1993
| Column 1 Provision of the Act | Column 2 Subject matter |
|---|---|
| Section 42(1) to (5) | Provision of accommodation and welfare services: agency arrangements |
| Section 43 | Exclusion of powers to provide accommodation in certain cases |
| Section 44 | Charges for accommodation provided by local authorities |
| Section 47 | Assessment of needs for community care services |
| Section 55 | Duty of local authority to make assessment of needs |
| Section 56 (so far as not already in force) | Residential accommodation with nursing |
| Section 57 | Exclusion of powers to provide accommodation in certain cases |
| In Schedule 9— 5(1), (2), (3) and (5) | Amendments of sections 21 and 26 of the National Assistance Act 1948[^f00003] (duties of local authorities to provide accommodation and provision of accommodation in premises maintained by voluntary organisations) |
| paragraph 5(9)(a) | Amendment of section 65 of the National Assistance Act 1948 (application to Scotland) |
| paragraph 10(7) and (8) | Amendments of sections 59(1) and 61(1A) of the Social Work (Scotland) Act 1968[^f00004] (provision of residential and other establishments, and definition of “establishment”) |
| paragraph 11(a) and (c) (so far as not already in force) | Amendments of Schedule 1 to the Local Authority Social Services Act 1970[^f00005] (enactments conferring social services functions assigned to social services committee) |
| paragraph 15 | Amendment of section 3(1)(c) of the Child Benefit Act 1975[^f00006] (meaning of “person responsible for child”, certain days of absence disregarded) |
| paragraph 18(14) | Amendments of Schedule 8 to the National Health Service Act 1977[^f00007] (local social services authorities) |
| paragraph 25(1) | Amendment of section 17(2) of the Health and Social Services and Social Security Adjudications Act 1983[^f00008] (charges for local authority services in England and Wales) |
| In Schedule 10 the references to the following enactments— | |
| Sections 21(8) and 26 of the National Assistance Act 1948, paragraph 2 of Schedule 8 to the National Health Service Act 1977, sections 124 and 135(6) of the Mental Health Act 1983[^f00009], paragraph 32(2) of Schedule 10 of the Act Subject matter to the Social Security Act 1986[^f00010], paragraph 2(4)(b) of Schedule 1 to the Local Government Act 1988[^f00011] and paragraph 9(2)(b) of Schedule 1 to the Local Government Finance Act 1988[^f00012]. | Repeals |
Signed
Virginia Bottomley — One of Her Majesty’s Principal Secretaries of State — 30th November 1992
Explanatory note
(This note is not part of the Order)
This Order brings into force on 10th December 1992 section 49 of the National Health Service and Community Care Act 1990 (“the 1990 Act”) and certain amendments to section 99(1)(b) of the Children Act 1975 (the latter amendments in relation to Scotland). It also brings into force, on 1st April 1993, all the remaining provisions not yet in force, except for section 45, in Parts III and IV of the 1990 Act (Community Care: England, Wales and Scotland), and certain amendments and repeals in Part V of and Schedules 9 and 10 to the 1990 Act (Miscellaneous and General) connected with those provisions. Section 45 of the 1990 Act, together with an amendment to section 21 of the Health and Social Services and Social Security Adjudications Act 1983, are brought into force on 12th April 1993.
Footnotes
[^f00001]: 1990 c. 19.
[^f00002]: 1975 c. 72.
[^f00003]: 11 & 12 Geo. 6, c.29.
[^f00004]: 1968 c. 49.
[^f00005]: 1970 c. 42.
[^f00006]: 1975 c. 61.
[^f00007]: 1977 c. 49.
[^f00008]: 1983 c. 41.
[^f00009]: 1983 c. 20.
[^f00010]: 1986 c. 50.
[^f00011]: 1988 c. 9.
[^f00012]: 1988 c. 41.
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