Statutory Instruments
National Health Service, England
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).
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.
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
(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.
(This note is not part of the Order)
| Provision | Date of Commencement | S.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) | ||
| Section 4 | 1.7.2007 (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) | ||
| Section 9 | 1.7.2007 (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) | ||
| Section 13 | 1.7.2007 | 2007/1375 | |
| Sections 14 to 16 | 1.10.2006 | 2006/2603 | |
| Sections 17 to 25 | 1.1.2007 (partially) and 1.3.2007 (in relation to Scotland) | 2006/3125 | |
| Section 33 | 1.10. 2006 | 2006/2603 | |
| Sections 34 and 35 | 28.2.2007 (partially) | 2006/3125 | |
| Section 43 | 1.05.2008 | 2008/1147 | |
| Sections 44 to 55 | 1.2.2007 (in relation to Wales) | 2007/204 | |
| Sections 44 to 55 | 22.4.2008 (in relation to England) | 2008/1147 | |
| Section 56 | 1.10.2006 (partially) 1.2.2007 (in relation to Wales) | ||
| Section 57 | 1.10.2006 | 2006/2603 | |
| Sections 58 to 62 | 28.9.2006 (partially) and 1.10.206 (remainder) | 2006/2603 | |
| Sections 63 to 69 | 1.10.2006 | 2006/2603 | |
| Section 70 | 28.9.2006 (partially) and 1.10.2006 (remainder) | 2006/2603 | |
| Section 71 | 28.9.2006 (partially) and 1.10. 2006 (remainder) | 2006/2603 | |
| Section 72 | 28.4.2008 | 2008/1147 | |
| Section 73 | 29.1.2007 (partially) 29.1.2007 | ||
| 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 77 | 22.4.2008 (in relation to England and Scotland, so far as they relate to offences under Chapter 1 of Part 3) | 2008/1147 | |
| Section 78 | 22.4.2008 (in relation to England, so far as it relates to offences under Chapter 1 of Part 3) | 2008/1147 | |
| Section 78 | 2.4.2007 (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) | ||
| Section 80(2) | 1.10.2006 (partially) 1.2.2007 (in relation to Wales – partially) | ||
| Schedules 1 and 2 | 2.4.2007 (in relation to Wales) and 1.7.2007 (in relation to England) | ||
| Schedule 3 | 1.10.2006 (partially) 1.2.2007 (in relation to Wales) | ||
| Schedule 4 | 1.10.2006 | 2006/2603 | |
| Schedules 5 and 6 | 28.9.2006 (partially) and 1.10.2006 (remainder) | 2006/2603 | |
| Schedule 7 | 1.10.2006 | 2006/2603 | |
| Schedule 8 | |||
| paragraphs 1 to 5 | 1.10.2006 | 2006/2603 | |
| paragraph 24(a) | 1.10.2006 (partially) 1.2.2007 (in relation to Wales – partially) | ||
| paragraphs 26 to 28 | 1.10.2006 (partially) | 2006/2603 | |
| paragraph 31 | 1.10.2006 | 2006/2603 | |
| paragraph 35 | 1.10.2006 | 2006/2603 | |
| paragraphs 39 to 42 | 1.10.2006 (partially) | 2006/2603 | |
| paragraph 43 | 1.2.2007 (in relation to Wales – partially) | 2007/204 | |
| paragraph 44 | 1.10.2006 (partially) 1.2.2007 (in relation to Wales – partially) | ||
| paragraph 45(1) | 1.10.2006 (partially) | 2006/2603 | |
| paragraph 45(3) | 1.10.2006 | 2006/2603 | |
| paragraphs 47 and 48 | 1.10.2006 | 2006/2603 | |
| paragraph 49 | 1.10.2006 (partially) | 2006/2603 | |
| paragraphs 51 and 52 | 1.10.2006 | 2006/2603 | |
| paragraph 55 | 29.1.2007 (in relation to Scotland) | SSI 2007/9 | |
| paragraphs 56 to 61 | 1.10.2006 | 2006/2603 | |
| paragraph 62 | 1.2.2007 (in relation to Wales – partially) | 2007/204 | |
| Schedule 9 | 1.10.2006 (partially) 1.2.2007 (in relation to Wales – partially) | ||