Statutory Instruments
NATIONAL HEALTH SERVICE
OPTICIANS, ENGLAND
Made
2nd March 2005
Laid before Parliament
10th March 2005
Coming into force
except as provided in regulation 1(2),
1st April 2005
The Secretary of State for Health, in exercise of the powers conferred upon him by sections 38, 39, 43ZA, 43D, 49F, 49I, 49M, 49N, 49O, 49P, 49Q, 49R and 126(4) of the National Health Service Act 1977(1), section 26 of the Opticians Act 1989(2) and section 65 of the Health and Social Care Act 2001(3), and all other powers enabling him in that behalf, hereby makes the following Regulations:
1977 c. 49 (“the 1977 Act”); see section 128(1), as amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 26(2)(g) and (i), for the definitions of “prescribed” and “regulations”. Section 38 was amended by the Health and Social Security Act 1984 (c. 48) (“the 1984 Act”), s. 1(3); the Health and Medicines Act 1988 (c. 49), s. 13; S.I. 1985/39, art. 7(11); the Health Authorities Act 1995 (c. 17) (“the 1995 Act”), Schedule, paragraphs 1 and 27 and by the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”), Schedule 2, paragraphs 1 and 11. Section 39 was amended by the Health Services Act 1980 (c. 53), ss 1, 2 and Schedule 1, paragraph 52; the 1984 Act, s. 1, Schedule 1, paragraph 1, and Schedule 8, Part I; the 1995 Act, s. 2 and Schedule 1, paragraph 28; the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraphs 70 and 75; the Health Act 1999 (c. 8) (“the 1999 Act”), s. 9(4); by the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”), ss 20 and 23 and by the 2002 Act, Schedule 2, paragraphs 1 and 12. Sections 43ZA and 43D were inserted by the 2001 Act, ss 21 and 24 and amended by the 2002 Act, Schedule 2, paragraphs 1, 18 and 20. Sections 49F, 49I, 49L, 49M, 49N, 490, 49P and 49Q were inserted by the 2001 Act, s. 25 and amended by the 2002 Act, Schedule 2, paragraphs 1, 21, 23, 24, 25, 26, 27 and 28. Section 126(4) was amended by the 1990 Act, s. 65(2); by the 1999 Act, Schedule 4, paragraph 37(6) and by the 2001 Act, Schedule 5, paragraph 5(13)(b). As regards Wales, the functions of the Secretary of State under ss 29 and 126(4) of the 1977 Act are transferred to the National Assembly for Wales under article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672; section 68 of the 2001 Act provides that Schedule 1 shall be construed so as to include the amendments made by that Act to the 1977 Act; these Regulations therefore extend only to England.