The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order is the first Commencement Order in relation to Wales 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, with effect from 28th February 2004, 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 a regulation making power in section 45A(9) of the 1977 concerning Local Medical Committees.

Article 2(2) commences from 28th February 2004 section 174 of the Act in relation to new section 16CCof the 1977 Act which empowers Local Health boards 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 Local Health 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 28th February 2004 section 175 which includes the regulation and direction making powers inserted into the 1977 Act by section 175 of the Act and repeals sections 29 to 34A of the 1977 Act concnering general medical services. Article 3 also 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 4 commences various consequential amendments relating to primary medical services, and general medical services.

Article 5 commences various repeals relating to primary medical services and general medical services.

Article 6 makes transitional provision applying until the commencement of the provisions relating to general dental services contracts and article 7 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.