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The Health Act 2009 (Commencement No. 4) Order 2010

Type Statutory-Instrument
Publication 2010-07-20
State In force
Department Queen's Printer of Acts of Parliament
Source legislation.gov.uk
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Made: 20th July 2010

The Secretary of State for Health makes the following Order in exercise of the powers conferred by section 40(1) of the Health Act 2009[^f00001].

Citation

1

This Order may be cited as the Health Act 2009 (Commencement No. 4) Order 2010.

Appointed day for provisions relating to adult social care

2

1st October 2010 is the day appointed for the coming into force of section 35 of, and Schedule 5 to, the Health Act 2009 (which relate to the investigation of complaints about privately arranged or funded adult social care).

Signed

Signed by authority of the Secretary of State for Health.

Paul Burstow — Minister of State, — Department of Health — 20th July 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force section 35 of, and Schedule 5 to, the Health Act 2009 which insert provisions into the Local Government Act 1974[^f00002] to give the Commission for Local Administration in England, commonly known as the Local Government Ombudsman, powers to investigate complaints about privately arranged or funded adult social care.

The Local Government Ombudsman can only investigate matters which relate to action taken by an ‘adult social care provider’. An ‘adult social care provider’ means a person who carries on an activity which involves, or is connected with, the provision of adult social care and which is a regulated activity within the meaning of Part 1 of the Health and Social Care Act 2008[^f00003]. An activity may only be ‘regulated’ if it involves, or is connected with, the provision of social care in, or in relation to, England.

Footnotes

[^f00001]: 2009 c. 21.

[^f00002]: 1974 c. 7.

[^f00003]: 2008 c. 14.

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