xmlns:atom="http://www.w3.org/2005/Atom"
Statutory Instruments
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
Made
20th October 2005
The Secretary of State for Health, in exercise of the powers conferred upon her by section 41(3) and (4) of the National Health Service (Primary Care) Act 1997(1), makes the following Order:
1.—(1) This Order may be cited as the National Health Service (Primary Care) Act 1997 (Commencement No.10) Order 2005.
(2) Article 2 applies in relation to England only.
(3) Articles 3 and 4(1) apply in relation to Wales only.
(4) Article 4(2) applies in relation to England and Wales.
(5) In this Order, “the Act” means the National Health Service (Primary Care) Act 1997.
2. 1st December 2005 is the day appointed for the coming into force of the following provisions of the Act—
(a)section 21(1) and (3) (provision of personal medical or dental services) in so far as not already in force; and
(b)in Schedule 2, paragraph 65(1) and (2) (amendments) in so far as not already in force.
3. 1st December 2005 is the day appointed for the coming into force of the following provisions of the Act only in so far as they relate to personal dental services—
(a)section 21(1) and (3) (provision of personal medical or dental services);
(b)section 22(1) (supplementary regulations); and
(c)in Schedule 2, paragraph 65(1) and (2) (amendments).
4.—(1) Article 3 of the National Health Service (Primary Care) Act 1997 (Commencement No. 4) Order 1998(2) (references to certain terms) and article 3(1) and (2) of the National Health Service (Primary Care) Act 1997 (Commencement No. 5) Order 1998(3) (references to certain terms) are revoked from 1st April 2006 in so far as they relate to personal dental services.
(2) In the National Heath Service (Primary Care) Act 1997 (Commencement No. 6) Order 1998(4)—
(a)article 2(2); and
(b)the words “Subject to paragraph (2),” in article 2(1),
are revoked from 1st April 2006.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
20th October 2005
(This note is not part of the Order)
This Order is the tenth commencement Order under the National Health Service (Primary Care) Act 1997 (“the 1997 Act”): it brings into force certain provisions of that Act on 1st December 2005. Some of the provisions apply to England only, some to Wales only and some to England and Wales.
Article 2(a) of the Order brings into force section 21(1) and (3) of the 1997 Act for all remaining purposes in relation to England, namely in respect of personal dental services. Section 21(1) inserts new sections 28C and 28D into the National Health Service Act 1977 (“the 1977 Act”). These sections allow for arrangements to be made between specified persons for the provision of personal dental services. Article 3(a) brings the same provisions into force in relation to Wales but only in so far as they relate to personal dental services.
Article 2(b) brings into force paragraph 65(1) and (2) of Schedule 2 to the 1997 Act for remaining purposes, namely in respect of personal dental services: that paragraph makes a minor consequential amendment to the National Health Service and Community Care Act 1990 relating to the functions of an NHS Trust and arrangements under section 28C of the 1977 Act. Article 3(c) brings the same provisions into force in relation to Wales but only in so far as they relate to personal dental services.
Article 3 of the National Health Service (Primary Care) Act 1997 (Commencement No. 4) Order 1998 and article 3(1) and (2) of the National Health Service (Primary Care) Act 1997 (Commencement No. 5) Order 1998 modified references to arrangements under section 28C of 1977 Act to read as references to pilot schemes under Part 1 of the 1997 Act. Those provisions are revoked by article 4(1) of this Order in relation to Wales in so far as those provisions relate to personal dental services. These provisions have already been revoked in relation to England for both personal medical services and personal dental services by virtue of the National Health Service (Primary Care) Act 1997 (Commencement No. 9) Order 2004 (S.I. 2004/287).
The National Health Service (Primary Care) Act 1997 (Commencement No. 6) Order 1998 restricted the interpretation of references to section 28C in the Dentists Act 1984 as references to pilot schemes. Article 4(2) of this Order removes this restrictive interpretation from 1st April 2006 in relation to both England and Wales.
(This note is not part of the Order)
The following provisions of the 1997 Act have been brought into force by commencement order made by One of Her Majesty’s Principal Secretaries of State before the date of this Order:
Provision | Date of Commencement | S.I. No. |
---|---|---|
* A limitation on the purposes for which these paragraphs were brought into force was removed by article 3(3) of S.I.1998/1998. | ||
s.1 | 28.11.97 | 1997/2620 |
s.2 | 28.11.97 | 1997/2620 |
s.3 | 14.8.98 | 1998/1998 |
s.4 (partially) | 22.8.97 | 1997/1780 |
(remainder) | 30.10.97 | 1997/2620 |
s.5 (partially) | 28.11.97 | 1997/2620 |
(remainder) | 1.4.98 | 1998/631 |
s.6 (partially) | 28.11.97 | 1997/2620 |
(remainder) | 1.4.98 | 1998/631 |
s.7 (partially) | 1.4.98 | 1998/631 |
(remainder) | 1.10.98 | 1998/1998 |
s.8 (partially) | 1.4.98 | 1998/631 |
(remainder) | 1.10.98 | 1998/1998 |
s.9, subsections (1) and (2) | 15.8.97 | 1997/1780 |
subsection (3) (partially) | 1.4.98 | 1998/631 |
(remainder) | 1.10.98 | 1998/1998 |
s.10 | 15.8.97 | 1997/1780 |
s.11 | 1.4.98 | 1998/631 |
s.12 | 1.4.98 | 1998/631 |
s.13, subsections (1) and (3) to (8) | 15.8.97 | 1997/1780 |
(remainder) | 1.4.98 | 1998/631 |
s.15 | 1.4.98 | 1998/631 |
s.16 (partially) | 30.10.97 | 1997/2620 |
(remainder) | 11.5.98 | 1998/631 |
s.17 | 1.10.98 | 1998/1998 |
s.18, subsections (1), (2) (partially) and (3) | 15.8.97 | 1997/1780 |
subsection (2) (partially) | 28.11.97 | 1997/2620 |
(remainder) | 1.4.98 | 1998/631 |
s.19 | 1.4.98 | 1998/631 |
s.20 | 1.10.98 | 1998/1998 |
s.21(1) and (3) (partially) | 1.3.04 | 2004/287 |
(remainder) | 1.4.04 | 2004/287 |
s.22(1) | 1.3.04 | 2004/287 |
s.23 | 1.4.98 | 1998/631 |
s.24 | 1.10.98 | 1998/1998 |
s.27 | 15.8.97 | 1997/1780 |
s.28 | 15.8.97 | 1997/1780 |
s.29 | 1.4.98 | 1998/631 |
s.30 | 15.8.97 | 1997/1780 |
s.31 | 1.9.97 | 1997/1780 |
s.32 | 10.12.98 | 1998/2840 |
s.34 | 1.4.98 | 1998/631 |
s.35 | 1.4.98 | 1998/631 |
s.36 | 14.10.97 | 1997/2457 |
s.37 | 1.4.98 | 1998/631 |
s.41(10) (partially) | 15.8.97 | 1997/1780 |
(partially) | 1.4.98 | 1998/631 |
(partially) | 1.10.98 | 1998/1998 |
(partially) | 18.11.98 | 1998/2840 |
(partially) | 10.12.98 | 1998/2840 |
(partially) | 24.6.02 | 2002/1616 |
(partially) | 1.4.04 | 2004/287 |
s.41(12) (partially) | 1.4.98 | 1998/631 |
(partially) | 1.10.98 | 1998/1998 |
(partially) | 10.12.98 | 1998/2840 |
Schedule 1 | 1.4.98 | 1998/631 |
In Part 1 of Schedule 2, paragraphs 1* and 2* | 1.4.98 | 1998/631 |
paragraph 3 (partially) | 1.4.98 | 1998/631 |
(partially) | 1.10.98 | 1998/1998 |
(partially) | 10.12.98 | 1998/2840 |
paragraphs 4 to 8* | 1.4.98 | 1998/631 |
paragraphs 9 to 11 | 10.12.98 | 1998/2840 |
paragraph 12 | 1.10.98 | 1998/1998 |
paragraphs 13 and 14 | 15.8.97 | 1997/1780 |
paragraphs 15 to 18 | 1.10.98 | 1998/1998 |
paragraph 20 | 15.8.97 | 1997/1780 |
paragraph 21 (partially) | 1.4.98 | 1998/631 |
(remainder) | 1.10.98 | 1998/1998 |
paragraphs 22 to 26 | 1.4.98 | 1998/631 |
paragraph 27 | 15.8.97 | 1997/1780 |
paragraph 28 (partially) | 1.4.98 | 1998/631 |
(partially) | 10.12.98 | 1998/2840 |
(partially) | 24.6.02 | 2002/1616 |
(partially) | 1.4.04 | 2004/287 |
paragraphs 29 to 31 | 1.4.98 | 1998/631 |
paragraph 32 (partially) | 1.4.98 | 1998/631 |
(partially) | 1.10.98 | 1998/1998 |
paragraphs 35 to 39* | 1.4.98 | 1998/631 |
paragraph 43 | 1.10.98 | 1998/1998 |
paragraphs 44 and 45 | 15.8.97 | 1997/1780 |
paragraphs 47 to 50 | 1.10.98 | 1998/1998 |
paragraph 51 | 15.8.97 | 1997/1780 |
paragraph 52 | 1.10.98 | 1998/1998 |
paragraphs 53 and 54 | 1.4.98 | 1998/631 |
paragraph 57 (partially) | 1.4.98 | 1998/631 |
paragraph 58 to 61 | 1.4.98 | 1998/631 |
paragraph 62 | 18.11.98 | 1998/2840 |
Paragraph 63* | 1.4.98 | 1998/631 |
Paragraph 64 (partially) | 1.4.98 | 1998/631 |
Paragraph 65 (partially) | 1.4.98 | 1998/631 |
(partially) | 1.4.04 | 2004/287 |
paragraphs 66, 67* and 68* | 1.4.98 | 1998/631 |
Schedule 3, Part I (partially) | 1.4.98 | 1998/631 |
(partially) | 1.10.98 | 1998/1998 |
(partially) | 10.12.98 | 1998/2840 |
Part III | 10.12.98 | 1998/2840 |
The following provisions of the 1997 Act have been brought into force by commencement order made by the Scottish Ministers before the date of this Order.
S.I. 1998/631. Article 3 was revoked in relation to England by S.I. 2004/287.
S.I. 1998/1998. Article 3(1) and (2) was revoked in relation to England by S.I. 2004/287.