Search Legislation

The Health Act 2006 (Commencement No. 5) Order 2008

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2008 No. 1972 (C. 96)

National Health Service, England

The Health Act 2006 (Commencement No. 5) Order 2008

Made

22nd July 2008

The Secretary of State for Health makes this Order in exercise of the powers conferred by section 83(7) and (8) of the Health Act 2006(1).

Citation and interpretation

1.  (1)  This Order may be cited as the Health Act 2006 (Commencement No.5) Order 2008.

(2) In this Order references to sections and Schedules are references to sections of and Schedules to the Health Act 2006.

Appointed day for provisions in respect of ophthalmic services

2.  1st August 2008 is the day appointed for the coming into force of the following provisions of the Act—

(a)sections 37 to 42;

(b)in Schedule 8, paragraphs 6 to 23, 24 (in so far as not already in force), 25, 29, 32 to 34, 45 (in so far as not already in force), 46 and 50 and section 80(1) in so far as it relates to those paragraphs;

(c)in Schedule 9 the repeals of the National Health Service Act 1977 and section 80(2) in so far as it relates to those repeals.

Signed by authority of the Secretary of State for Health

Ann Keen

Parliamentary Under Secretary of State

Department for Health

22nd July 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the fifth commencement order under the Health Act 2006 (c.28)(“the 2006 Act”).

Article 2 commences sections 37 to 42 of the 2006 Act, which amend the National Health Service Act 1977 (c.49) (“the 1977 Act”). The effect of sections 37 and 38 is to create a duty upon Primary Care Trusts (“PCTs”) to secure the provision of primary ophthalmic services within their area and to enter into contracts with persons who will provide such services. The effect of section 39 is to provide for regulations as to who may perform those services. The effect of section 40 is to permit PCTs to provide assistance and support for providers of primary ophthalmic services. The effect of section 41 is to permit PCTs to recognise local committees representative of those providing and performing the services. The effect of section 42 is to make provision for regulations to stop payments that would otherwise be made to certain persons from being made and for a right of appeal against this.

Article 2 also commences some minor and consequential amendments to and repeals certain provisions of the 1977 Act.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

ProvisionDate of CommencementS.I. No.
Sections 1 to 3, 5 (other than section 5(4) and 10 to 12

2.4.2007 (in relation to Wales) and

1.7.2007 (in relation to England)

2007/204

2007/1375

Section 41.7.2007 (in relation to England)2007/1375
Section 5(4)

2.4.2007 (in relation to Wales)

1.7.2007 (in relation to England, Scotland and Northern Ireland)

2007/204

2007/1375

Section 91.7.2007 (in relation to England)2007/1375
Sections 10 to 12

2.4.2007 (in relation to Wales) and

1.7.2007 (in relation to England)

2007/204

2007/1375

Section 131.7.20072007/1375
Sections 14 to 161.10.20062006/2603
Sections 17 to 251.1.2007 (partially) and 1.3.2007 (in relation to Scotland)2006/3125
Section 331.10. 20062006/2603
Sections 34 and 3528.2.2007 (partially)2006/3125
Section 431.05.20082008/1147
Sections 44 to 551.2.2007 (in relation to Wales)2007/204
Sections 44 to 5522.4.2008 (in relation to England)2008/1147
Section 561.10.2006 (partially) 1.2.2007 (in relation to Wales)

2006/2603

2007/204

Section 571.10.20062006/2603
Sections 58 to 6228.9.2006 (partially) and 1.10.206 (remainder)2006/2603
Sections 63 to 691.10.20062006/2603
Section 7028.9.2006 (partially) and 1.10.2006 (remainder)2006/2603
Section 7128.9.2006 (partially) and 1.10. 2006 (remainder)2006/2603
Section 7228.4.20082008/1147
Section 73

29.1.2007 (partially)

29.1.2007

2006/3125

SSI 2007/9

Sections 76 to 77

1.2.2007 (in relation to Wales – partially) and

2.4.2007 (in relation to Wales – partially)

2007/204
Sections 76 and 7722.4.2008 (in relation to England and Scotland, so far as they relate to offences under Chapter 1 of Part 3)2008/1147
Section 7822.4.2008 (in relation to England, so far as it relates to offences under Chapter 1 of Part 3)2008/1147
Section 782.4.2007 (in relation to Wales – partially)2007/204
Section 80(1)

1.10.2006 (partially)

29.1.2007 (in relation to Scotland – partially)

1.2.2007 (in relation to Wales – partially)

2006/2603

SSI 2007/9

2007/204

Section 80(2)

1.10.2006 (partially)

1.2.2007 (in relation to Wales – partially)

2006/2603

2007/204

Schedules 1 and 2

2.4.2007 (in relation to Wales) and

1.7.2007 (in relation to England)

2007/204

2007/1375

Schedule 3

1.10.2006 (partially)

1.2.2007 (in relation to Wales)

2006/2603

2007/204

Schedule 41.10.20062006/2603
Schedules 5 and 6

28.9.2006 (partially) and

1.10.2006 (remainder)

2006/2603
Schedule 71.10.20062006/2603
Schedule 8
paragraphs 1 to 51.10.20062006/2603
paragraph 24(a)

1.10.2006 (partially)

1.2.2007 (in relation to Wales – partially)

2006/2603

2007/204

paragraphs 26 to 281.10.2006 (partially)2006/2603
paragraph 311.10.20062006/2603
paragraph 351.10.20062006/2603
paragraphs 39 to 421.10.2006 (partially)2006/2603
paragraph 431.2.2007 (in relation to Wales – partially)2007/204
paragraph 44

1.10.2006 (partially)

1.2.2007 (in relation to Wales – partially)

2006/2603

2007/204

paragraph 45(1)1.10.2006 (partially)2006/2603
paragraph 45(3)1.10.20062006/2603
paragraphs 47 and 481.10.20062006/2603
paragraph 491.10.2006 (partially)2006/2603
paragraphs 51 and 521.10.20062006/2603
paragraph 5529.1.2007 (in relation to Scotland)SSI 2007/9
paragraphs 56 to 611.10.20062006/2603
paragraph 621.2.2007 (in relation to Wales – partially)2007/204
Schedule 9

1.10.2006 (partially)

1.2.2007 (in relation to Wales – partially)

2006/2603

2007/204

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources