The Health and Social Care Act 2012 (Commencement No. 6) Order 2013

Made: 11th November 2013

The Secretary of State for Health makes the following Order in exercise of the powers conferred by section 306 of the Health and Social Care Act 2012[^f00001].

Citation and interpretation

1

• (1) This Order may be cited as the Health and Social Care Act 2012 (Commencement No. 6) Order 2013.

• (2) In this Order, “the Act” means the Health and Social Care Act 2012.

Commencement of provisions

2

• (1) Insofar as they are not already in force[^f00002], the following provisions of the Act are to come into force in accordance with this Order.

• (2) 1st December 2013 is the day appointed for the coming into force of—

• section 104(4)(b) (power to require documents and information) insofar as it relates to Monitor’s functions under section 144(3)(b) of the Act;

• section 116 (the national tariff);

• section 117(1) to (3) (the national tariff: further provision); and

• section 127 (correction of mistakes).

• (3) 1st January 2014 is the day appointed for the coming into force of—

• section 85 (application for licence); and

• section 86 (licensing criteria).

Signed

Signed by authority of the Secretary of State for Health.

Earl Howe — Parliamentary Under-Secretary of State, — Department of Health — 11th November 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force provisions of the Health and Social Care Act 2012 (c. 7) (“the Act”). It is the sixth such Order to be made under the Act. It commences provisions relating to Monitor’s regulatory functions in relation to the licensing of health service providers and the prices payable by commissioners for NHS services.

Article 2 brings into force sections 116, 117 (in part) and 127 of the Act on 1st December 2013, which together make provision for the national tariff, and the correction of mistakes in relation to the national tariff. It also brings into force section 104 (in part) which relates to Monitor’s powers to require documents and information for the purpose of its regulatory functions.

Article 2 also brings into force sections 85 and 86 of the Act on 1st January 2014, which provide for applications to be made to Monitor for a licence under Chapter 3 of Part 3 of the Act, and for Monitor to set and publish the criteria that must be met by a person in order to be granted such a licence.

A full impact assessment has not been produced for this instrument as this Order itself has no impact on the private sector or civil society organisations. A full Impact Assessment has been produced in relation to the provisions of the Act, including provisions that are commenced by this Order, and a copy is available at https://www.gov.uk/government/publications/health-and-social-care-bill-2011-combined-impact-assessments.

Footnotes

[^f00001]: 2012 c. 7.

[^f00002]: See section 306(1) of the Health and Social Care Act 2012 (c. 7) (“the 2012 Act”) for the provisions which came into force on the day the 2012 Act was passed, and S.I. 2012/1319 (C. 47), 2012/1831 (C. 71), 2012/2657 (C. 107), 2013/160 (C. 9) and 2013/671 (C. 28) for provisions of the 2012 Act which came into force by Order on earlier dates.