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Statutory Instrument 2004 No. 288 (C. 12)The Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) Order 2004(The document as of February, 2008) STATUTORY INSTRUMENTS2004 No. 288 (C. 12)NATIONAL HEALTH SERVICE, ENGLANDThe Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) Order 2004
The Secretary of State for Health, in exercise of the powers conferred on him by section 195(1)(b) and 199(1) of the Health and Social Care (Community Health and Standards) Act 2003[1] and of all other powers enabling him in that behalf, hereby makes the following Order: Citation, commencement, interpretation and application 1. - (1) This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) Order 2004. (2) Article 4(2) shall come into force immediately after the commencement of the provisions referred to in article 2(1) of the National Health Service (Primary Care) Act 1997 (Commencement No. 9) Order 2004[2]. (3) Articles 7 and 8 which make transitional provision shall come into force immediately after the commencement of the provisions referred to in articles 5 and 6. (4) In this Order -
(5) This Order applies to England only.
(b) for the purposes of making regulations, paragraph 23 of Schedule 11 to the extent that it inserts section 45A(9) of the 1977 Act and section 184 and paragraph 7 of that Schedule in so far as they relate to that section; and (c) in Schedule 11, paragraph 38 and paragraph 39 in so far as it inserts the definition of "primary medical services" into section 128(1) of the 1977 Act and section 184 and paragraph 7 of that Schedule as they relate to those paragraphs. (2) 1st March 2004 is the appointed day for the coming into force of -
(b) section 180 in so far as it relates to the new section 28Y of the 1977 Act in its application to primary medical services; and (c) paragraph 8 of Schedule 11 and section 184 and paragraph 7 of that Schedule in so far as they relate to that paragraph. (3) 1st April 2004 is the appointed day for the coming into force of section 174 in so far as it relates to new section 16CC(1) of the 1977 Act.
(b) section 175(1) in so far as it relates to new sections 28R and 28T of the 1977 Act; (c) section 176; and (d) paragraph 39 of Schedule 11 in so far as it inserts the definition of "general medical services contract" into section 128(1) of the 1977 Act and section 184 and paragraph 7 of that Schedule in so far as they relate to that paragraph. (2) 1st March 2004 is the day appointed for the coming into force of section 175(1) of the Act in so far as it is not in force.
(b) paragraphs 14 to 17 of Schedule 11 and section 184 and paragraph 7 of that Schedule in so far as it relates to those paragraphs; and (c) the entries in Schedule 14 relating to sections 28C(3)(a) and (7), 28D(2), 28DA, 28E(2)(b) and the words following that paragraph, 28E(3)(f), (g) and (k) and (5) to (7) of the 1977 Act and section 196 in so far as it relates to those entries. (3) 1st April 2004 is the day appointed for the coming into force of the following provisions of the Act as they relate to primary medical services or personal medical services only -
(b) section 178. Consequential amendments relating to primary medical services, general medical services and section 28C arrangements coming into force on 1st April 2004
(b) paragraph 2 in so far as it relates to the provisions commenced by sub-paragraphs (c) and (d) below; (c) paragraph 3(2)(a) and (3) to (5) and 3(1) in so far as it relates to that paragraph; (d) paragraphs 4 to 6; (e) paragraph 7 in so far as it relates to the provisions commenced by sub-paragraphs (f) to (q) below and in so far they are not in force; (f) paragraph 9; (g) paragraphs 12 and 13; (h) paragraph 20 in so far as it omits section 43D(10)(a) of the 1977 Act; (i) paragraph 21(3) in so far as it omits section 44(ZA1) and (A1) of the 1977 Act, (5) in so far as it omits section 44(3)(a) and (b) and paragraph 21(1) in so far as it relates to that paragraph; (j) paragraph 22(8)(b) and (9) and paragraph 22(1) in so far as it relates to that paragraph; (k) paragraph 23 in so far as it inserts new section 45A into the 1977 Act; (l) paragraph 24(a); (m) paragraphs 25 to 27; (n) paragraph 36(a); (o) paragraph 37; (p) paragraphs 42 to 44; (q) paragraph 45 in so far as it relates to paragraphs 1(2)(b), 2(2)(a), 4(2)(aa) and 5(2)(a) of Schedule 12A to the 1977 Act; (r) paragraph 46(2)(a) and (3)(a) and paragraph 46(1) in so far as it relates to that paragraph; (s) paragraphs 47 to 49; (t) paragraphs 51 and 52; (u) paragraph 55 and paragraph 53 in so far as it relates to that paragraph; (v) paragraphs 56 to 59; (w) paragraphs 62 and 63 and paragraph 60 in so far as it relates to that paragraph; (x) paragraphs 65 and 67(a); (y) paragraphs 70, 71 and 73 and paragraph 69 in so far as it relates to those paragraphs; and (z) paragraph 74. Repeals relating to primary medical services, general medical services and section 28C arrangements
(b) the Health Services and Public Health Act 1968[7]; (c) the Patents Act 1977[8]; (d) in the 1977 Act, sections 3(3), 18A(3)(a), 26(2)(a) and (4)(a), 28F, 28H, 29 to 34A, 43ZA(3)(a), 43C(3), 43D(1) and (10)(a), 44(ZA1), (A1) and (3)(a) to (b), 45(3), 49F(1)(a), 52, 53, 56(a), 102(1)(a)(iii) and (2)(b), 126(4) and 128(1) in so far as it relates to the definitions of "medical list", "personal medical services" and "terms of service"; (e) in the Health and Social Services and Social Security Adjudications Act 1983[9], section 14(1) and Schedule 6, paragraph 2; (f) the Medical Act 1983[10]; (g) the Copyright, Designs and Patents Act 1988[11]; (h) in the Health and Medicines Act 1988[12], sections 2(1)(a) and 8(1)(a) and section 17(1) in so far as it relates to section 29 of the 1977 Act; (i) in the National Health Service and Community Care Act 1990[13], sections 18(7) and 23; (j) the Access to Health Records Act 1990[14]; (k) the Trade Union and Labour Relations (Consolidation) Act 1992[15]; (l) in the Health Service Commissioners Act 1993[16], section 6(5); (m) in the Health Authorities Act 1995[17], paragraphs 18 to 24 of Schedule 1; (n) the Medical (Professional Performance) Act 1995[18]; (o) in the Employment Rights Act 1996[19], section 43K(1)(c)(i); (p) in the 1997 Act, Part 1 in so far as it relates to personal medical services, sections 23(1), 25(1) and 32 and Schedule 1 and Schedule 2, paragraphs 6, 8 to 11, 71, 80 and 81; (q) in the Health Act 1999[20], sections 9(2) and 11(2) in so far as it inserted section 44(A1) into the 1977 Act, Schedule 3, paragraph 11(3) and Schedule 4, paragraphs 2 and 17; (r) in the 2001 Act, sections 15, 17, 18, 20(2) and (3), 23(2) and 27(5)(b) and section 27(5)(a) in so far as it relates to personal medical services and Schedule 5, paragraph 11(3); and (s) in the National Health Service Reform and Health Care Professions Act 2002[21], sections 5(2) and (6)(b) and Schedule 2, paragraphs 3 to 8 and 72, Schedule 3, paragraphs 5, 6 and 10 and Schedule 8, paragraph 2. Transitional provisions applying until the coming into force of section 172(1) of the Act
(ii) in subsection (2A), the following words were inserted at the end -
(b) section 63(2) (provision of instruction of officers etc) shall be read as if -
(ii) the following paragraph were inserted after paragraph (ba) -
(3) In relation to the Patents Act 1977, section 56(4)(a) (interpretation etc, of provisions about Crown use) shall be read as if -
(b) in sub-paragraph (ai) the words "or primary dental services" were omitted; and (c) the following sub-paragraph were inserted after sub-paragraph (iv) -
(4) In relation to the 1977 Act -
(b) section 18A(3) (provision of services etc) shall be read as if -
(ii) in paragraph (b) the words "or primary dental services" were omitted, and (iii) the following paragraph were inserted after paragraph (b) -
(c) section 26 (supply of goods and services by the Secretary of State) shall be read as if -
(ii) in subsections (2)(b) and (4)(b) the words "or a general dental services contract" were omitted; (d) section 28D shall be read as if -
(bb) in paragraph (bc)(iii) there were inserted after the word "under", "section 35 of this Act,", and (ii) in subsection (2) in the definition of "NHS employee" -
(bb) a new paragraph (cc) were inserted as follows -
(e) section 43(1) (persons authorised to provide pharmaceutical services) shall be read as if for the words "general medical services" there were substituted the words "primary medical services";
(ii) in subsection (1ZA)(b) -
(bb) the words "personal medical or" were omitted, (iii) in subsection (1C) -
(bb) paragraphs (za) to (b) were omitted, (iv) in subsection (3), the words "general dental services" were inserted before the words "general ophthalmic services", and (i) section 49N(1) (national disqualification) shall be read as if the word "and" were inserted at the end of paragraph (b) and the following paragraph was inserted after that paragraph -
(j) section 52 (use of accommodation) shall be read as if the words "general dental services" were inserted before the words "general ophthalmic services";
(5) In relation to section 1(6) of the Community Health Councils (Access to Information) Act 1988[22] (access to meetings and documents of Community Health Councils), paragraph (ab) shall be read as if the words "section 28K or" were omitted.
(b) paragraph (a)(i) shall be read as if after the words "in the case of pharmaceutical services" there were inserted the words "and general dental services". (7) In relation to section 17 of the Health and Medicines Act 1988 (arrangements for the provision of general medical services etc), subsection (1) shall be read as if the number "35" were inserted before the number "38".
(b) in subsection (2) -
(ii) for the words "section 28K or 28Q" there were substituted the words "section 28Q"; and (c) a new subsection (3) were added at the end as follows -
(10) In relation to of the Health Service Commissioners Act 1993 -
(ii) in paragraph (c), as if for the words "primary dental services" there were substituted the words "personal dental services", (iii) a new paragraph (e) were inserted after paragraph (d) as follows -
(b) section 2A(2) shall be read as if -
(ii) in paragraph (c), for the words "primary dental services" there were substituted the words "personal dental services", and (iii) new paragraph (d) were inserted after paragraph (c) as follows -
(c) section 6(5) (general health services and service committees) shall be read as if the number "35" were inserted before the number "38". (11) In relation to the Employment Rights Act 1996, section 43K(1) (extension of meaning of "maker" etc.) shall be read as if -
(b) in paragraph (c)(i), the number "35" were inserted before the number "38". (12) In relation to the 2001 Act, Schedule 1 (exempt information relating to health services) shall be read as if -
(b) in paragraph 12, the words "personal medical services or" were omitted; (c) the following paragraph were inserted after paragraph 12 -
(b) is or was formerly included in, or is an applicant for inclusion in, a list under section 28X of the 1977 Act."; and (d) in paragraph 13, for "11, or 12" there were substituted "11, 12 or 12A". (13) In relation to section 17 of the National Health Service Reform and Health Care Professions Act 2002[24] (additional functions of PCT Patients' Forums), subsection (1)(fa) shall be read as if the words "or primary dental services" were omitted.
(5) In relation to the 2001 Act, section 28(4) (pilot schemes) shall be read as if -
(b) there were inserted at the end the words "or personal dental services under any provision of, or made under, the 1977 Act or the National Health Service (Primary Care) Act 1997".
(This note is not part of the Order) This Order is the second Commencement Order made under the Health and Social Care (Community Health and Standards) Act 2003 ("the Act"). Article 2 relates to primary medical services. Article 2(1) commences section 179 of the Act in relation to new section 28X of the National Health Service Act 1977 ("the 1977 Act") concerning lists of persons performing primary medical services. It also commences from 3rd February 2004 a regulation making power in section 45A(9) of the 1977 Act concerning Local Medical Committees. Article 2(2) commences from 1st March 2004 section 174 of the Act in relation to new section 16CC(2) and (4) of the 1977 Act which empowers Primary Care Trusts to provide primary medical services or make arrangements for their provision. It also commences section 180 of the Act concerning financial assistance and support to persons proposing or providing primary medical services under a general medical services contract or under section 28C arrangements. Article 2(3) commences from 1st April 2004 section 174 of the Act in relation to the duty on Primary Care Trusts to provide or secure the provision of primary medical services in their areas. Article 3 relates to general medical services contracts. Article 3(1) commences from 3rd February 2004 the regulation and direction making powers inserted into the 1977 Act by section 175(1) of the Act. Article 3(1)(c) commences the power in section 176 of the Act to make transitional provision in respect of medical practitioners who were providing general medical services under section 29 of the 1977 Act. Article 3(2) commences section 175(1) of the Act fully from 1st March 2004. Article 3(3) commences from 1st April 2004 section 175(2) which repeals sections 29 to 34A of the 1977 Act concerning general medical services. It also commences various consequential and minor amendments contained in Schedule 11 to the Act relating to general medical services. Article 4 relates to arrangements for primary medical services which may be made under section 28C of the 1977 Act. Article 4(1) commences from 3rd February 2004 a regulation making power inserted into section 28D of the 1977 Act (persons with whom arrangements under section 28C of the Act may be made) by section 177(1) and (2) of the Act. Article 4(2) commences from 1st March 2004 amendments to sections 28D and 28E (Regulation) of the 1977 Act by section 177(2) to (11) of the Act. Article 4(3) commences from 1st April 2004 section 178 of the Act in relation to the repeal of personal medical services pilot schemes made under Part 1 of the National Health Service (Primary Care) Act 1997. It also commences section 177(12) of the Act in relation to the repeal sections 28F (choice of medical practitioner) and 28H (immunisations) of the 1977 Act. Article 5 commences various consequential amendments relating to primary medical services, general medical services and section 28C arrangements. Article 6 commences various repeals relating to primary medical services, general medical services and section 28C arrangements. Article 7 makes transitional provision applying until the commencement of the provisions relating to general dental services contracts and article 8 makes transitional provision applying until commencement of the repeal of section 178 of the Act relating to the abolition of pilot schemes for personal dental services. (This note is not part of the Order) The provisions of the Health and Social Care (Community Health and Standards) Act 2003 listed in the table below have been brought into force by a commencement order made before the date of this Order. Except where indicated the provision has been commenced in relation to England and Wales.
Notes: [1]2003 c. 43; see section 199(2) for the definition of the appropriate authority in relation to commencement orders.back [2]2004/287 (C. 11).back [3]1977 c. 49.back [4]1997 c. 46.back [5]2001 c. 15.back [6]1949 c. 93.back [7]1968 c. 46.back [8]1977 c. 37.back [9]1983 c. 41.back [10]1983 c. 54.back [11]1988 c. 48.back [12]1988 c. 49.back [13]1990 c. 19.back [14]1990 c. 23.back [15]1992 c. 52.back [16]1993 c. 46.back [17]1995 c. 17.back [18]1995 c. 51.back [19]1996 c. 18.back [20]1999 c. 8.back [21]2002 c. 17.back [22]1988 c. 24.back [23]1999 c. 56.back [24]2002 c. 17.back [25]1988 c. 48.back ISBN0 11 048653 6 -- Back --
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