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

• Citation: S.I. 2014/39
• Sections: 3

Section 1 Citation and interpretation

(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.

Section 2 Commencement of provisions

(1) Insofar as they are not already in force , 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).

Section 3 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

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.”.