The Health and Social Care (Community Health and Standards) Act 2003 Commencement (Wales) (No. 4) Order 2006

Explanatory Note

(This note is not part of the Order)

This Order is the fourth commencement order made by the National Assembly for Wales under the Health and Social Care (Community Health and Standards) Act 2003 (“the Act”).

Article 2 relates to primary dental services. Article 2(1) commences from 15 February 2006 section 179(1) of the Act in relation to new section 28X of the National Health Service Act 1977 (“the 1977 Act”) in so far as that section concerns lists of persons performing primary dental services.

Article 2(1) commences from 15 February 2006 section 170 of the Act in relation to new section 16CA(2) and (4) of the 1977 Act which empowers Local Health Boards to provide primary dental services or secure their provision. It also commences from 15 February 2006 a regulation making power in new section 16CB of the 1977 Act in respect of prescribing the dental public health functions of Local Health Boards. It also commences on that date section 180 of the Act in so far as it is not in force, namely as it relates to financial assistance and support to persons proposing or providing primary dental services under a general dental services contract or under section 28C arrangements.

Article 2(2) commences from 1 April 2006 section 170 of the Act in so far as not in force, in particular in relation to the duty on Local Health Boards in the new section 16CA(1) of the 1977 Act to provide or secure the provision of primary dental services in their areas. It also commences from that date the remainder of section 171 in so far as it inserts the new section 16CB(2), (3) and (5) of the 1977 Act which relate to dental public health functions, and in so far as it repeals section 5(1A) of the 1977 Act.

Article 3 relates to general dental services contracts. Article 3(1)(a) commences section 172(1) of the Act fully from 15 February 2006. Article 3(1)(b) commences the power in section 173 of the Act to make transitional provision in respect of dental practitioners who were providing general dental services under section 35 of the 1977 Act.

Article 3(2) commences from 1 April 2006 section 172(2) which repeals sections 35 and 36 of the 1977 Act concerning general dental services.

Article 4 relates to arrangements for primary dental services which may be made under section 28C of the 1977 Act. It commences from 15 February 2006 amendments to section 28D and 28E of the 1977 Act by section 177(1) to (11) of the Act in their application to dental services. It also commences from 1 April 2006 section 178 of the Act in relation to the repeal of personal dental services pilot schemes made under Part 1 of the National Health Service (Primary Care) Act 1997. It also commences the remainder of section 177 in so far as it relates to dental services, namely the repeal of section 28G of the 1977 Act (choice of dental practitioner).

Article 5(1) commences on 15 February 2006 section 183 of the Act which inserts a new section 79 and Schedule 12ZA (which relate to charges for primary dental services) into the 1977 Act, but only for the purposes of making regulations. Article 5(2) fully commences section 183 on 1 April 2006.

Article 6 commences on 1 April 2006 various consequential amendments relating to primary dental services, general dental services and section 28C arrangements contained in Schedule 11 to the Act.

Article 7 commences on 1 April 2006 various repeals relating to primary dental services, general dental services and section 28C arrangements.

Article 8 amends the Health and Social Care (Community Health and Standards) Act 2003 (Commencement No.1) (Wales) Order 2004 in order to provide that certain transitional provisions contained in that order continue in force until 1 April 2006 rather than upon the coming into force of section 172(1) of the Act.