The Health and Social Care Act 2012 (Commencement No. 7 and Transitory Provision) Order 2014

Made: 9th January 2014

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 304(10) and 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. 7 and Transitory Provision) Order 2014.

• (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 March 2014 is the day appointed for the coming into force of—

• section 124 (local modifications of prices agreements);

• section 125 (local modifications of prices: applications); and

• section 126 (applications under section 125: notification of commissioners).

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

• section 81(requirement for health service providers to be licensed);

• section 83 (exemption regulations);

• section 84 (exemption regulations: supplementary);

• section 87 (grant or refusal of licence);

• section 90 (right to make representations);

• section 91 (notice of decisions);

• section 92 (appeals to the Tribunal);

• section 96 (limits on Monitor’s functions to set or modify licence conditions);

• section 104(2)(c) and (d) (power to require documents and information), and (4)(b) insofar as it relates to Monitor’s functions under section 144(6) of the Act in respect of a review published pursuant to section 144(3)(b);

• section 105 (discretionary requirements);

• section 106 (enforcement undertakings);

• section 115 (price payable by commissioners for NHS services);

• section 117(4) and (5) (the national tariff: further provision);

• section 118 (consultation on proposals for the national tariff);

• section 119 (consultation: further provision);

• section 120 (responses to consultation);

• section 121 (determination on reference under section 120);

• section 122 (changes following determination on reference under section 120);

• section 123 (power to veto changes proposed under section 122);

• section 288 (Monitor: duty to co-operate with Care Quality Commission);

• section 289 (Care Quality Commission: duty to co-operate with Monitor); and

• Schedule 12 (procedure on references under section 120).

Transitory modification in respect of the commencement of sections 124 (local modifications of prices: agreements) and 125 (local modifications of prices: applications) of the Act

3

Until section 115 of the Act comes into force on 1st April 2014—

• (a) section 124(2) of the Act is to be read as if for the words “be earlier” to the end of that subsection, there is substituted “not be earlier than the date section 115(1) comes into force.”; and

• (b) section 125(5) of the Act is to be read as if for the words “be earlier” to the end of that subsection, there is substituted “not be earlier than the date section 115(1) comes into force.”.

Signed

Signed by authority of the Secretary of State for Health.

Daniel Poulter — Parliamentary Under-Secretary of State — Department of Health — 9th January 2014

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 seventh such Order to be made under the Act.

Article 2 (2) brings into force sections 124, 125 and 126 of the Act on 1st March 2014, which together concern Monitor’s powers where an agreement or where no agreement can be reached to a modification of prices payable in accordance with the national tariff.

Article 2 (3) also brings into force the following provisions of the Act on 1st April 2014—

• (a) the remainder of sections 81 and 87 and the whole of sections 83 and 84 which relate to Monitor’s regulatory functions in relation to the licensing of health service providers;

• (b) the remainder of sections 90, 91 and 92 which relate to representations, notice and appeals in respect of Monitor refusing or revoking a licence;

• (c) section 96 (remainder) which relates to Monitor’s powers to set or modify licence conditions;

• (d) section 104(2)(c) and (d), and (4)(b) (partially) which concern Monitor’s power to require documents from particular persons in the exercise of its regulatory functions;

• (e) sections 105 (remainder) and 106 (remainder) which relate to Monitor’s powers of enforcement of the licensing regime for providers of health care services for the purposes of the NHS;

• (f) section 115 which relates to how prices are to be determined for the provision of health care services for the purposes of the NHS;

• (g) sections 117(4) and (5), 118 (remainder) and 119 (remainder) which relate to Monitor’s functions in relation to pricing in the national health service;

• (h) sections 120 (remainder), 121(remainder), 122 (remainder) and 123 (remainder) and Schedule 12 (remainder) which relate to Monitor’s functions in relation to the pricing of health care services for the purposes of the NHS; and

• (i) sections 288 (remainder) and 289 (remainder) which make provision in relation to Monitor’s and the Care Quality Commission’s duties to co-operate.

Article 3 makes transitory modifications to sections 124 and 125 of the Act from 1st March 2014 to the time when section 115 comes into force, which is on 1st April 2014, as local modifications of prices cannot take effect until the national tariff which sets out the determined price payable for health care services is in force.

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 Act”) for the provisions which came into force on the day the Act was passed, and S.I. 2012/1319 (C. 47), 2012/1831 (C. 71), 2012/2657 (C. 107), 2013/160 (C. 9), 2013/671 (C. 28) and 2013/2896 (C.117) for provisions of the Act which came into force by Order on earlier dates.