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Welsh Statutory Instruments

2013 No. 1112 (W.118) (C.48)

NATIONAL HEALTH SERVICE, WALES

The Health Act 2006 (Commencement No. 3) (Wales) Order 2013

Made

7 May 2013

The Welsh Ministers make the following Order in exercise of the powers contained in section 83(5)(b) of the Health Act 2006(1).

Title, application and interpretation

1.—(1) The title of this Order is the Health Act 2006 (Commencement No. 3) (Wales) Order 2013.

(2) This Order applies in relation to Wales.

(3) In this Order, “the Act” (“y Ddeddf”) means the Health Act 2006.

Appointed day for provisions relating to power to charge

2.  9 May 2013 is the appointed day for the coming into force of section 34 of the Act in so far as it applies in relation to Wales.

Mark Drakeford

Minister for Health and Social Services, one of the Welsh Ministers.

7 May 2013

Explanatory Note

(This note is not part of the Order)

This Order is the third commencement order made by the Welsh Ministers under the Health Act 2006 (“the Act”).

This Order brings into force in Wales section 34 of the Act insofar as section 34 applies in relation to Wales. Section 34 applies in relation to England and Wales. It inserts section 42A (Power to charge: England) and section 42B (Power to Charge: Wales) into the National Health Service Act 1977 (c. 49). Section 34 has already been commenced in relation to England by S.I. 2006/3125 (which specifically provided that the functions of the National Assembly for Wales under section 42B of the National Health Service Act 1977 were not brought into force by that Order).

Section 34 contains a power enabling charges to be made for applications for inclusion in or amendment to a pharmaceutical list.

In accordance with section 208(4) and (5) of the National Health Service (Wales) Act 2006 (c. 42), the effect of commencing section 34 of the Act, will be to commence section 85 of the National Health Service (Wales) Act 2006 ( Power to charge).

Note as to Earlier Commencement Orders

(This note is not part of the Order)

ProvisionDate of CommencementS.I. No
Sections 1 to 3 and 5 to 122.4.2007 (in relation to Wales)O.S. 2007/204 (W.18)
Sections 1 to 12 (other than section 5(4))1.7.2007 (in relation to England)2007/1375 (C.57)
Section 5(4)1.7.2007 (in relation to England, Scotland and Northern Ireland)2007/1375 (C.57)
Section 131.7.2007 (in relation to England and Wales)2007/1375 (C.57)
Sections 14 to 161.10.20062006/2603 (C.88)
Sections 17 to 251.1.2007 (in relation to England) and 1.3.2007 (in relation to Scotland)2006/3125 (C.108)
Sections 17 to 2513.12.2008 (in relation to Wales in so far as they are not already in force).O.S. 2008/3171 (W.288) (C.144)
Section 331.10.20062006/2603 (C.88)
Sections 34 and 3528.2.2007 (partially)2006/3125 (C.108)
Sections 37 to 421.8.20082008/1972 (C.96)
Section 431.5.20082008/1147 (C.50)
Sections 44 to 551.2.2007 (in relation to Wales)O.S. 2007/204 (W.18)
Sections 44 to 5522.4.2008 (in relation to England)2008/1147 (C.50)
Section 561.10.2006 (partially)2006/2603 (C.88)
1.2.2007 (in relation to WalesO.S. 2007/204 (W.18)
Section 571.10.20062006/2603 (C.88)
Sections 58 to 6228.9.2006 (partially) and 1.10.2006 (remainder)2006/2603 (C.88)
Sections 63 to 691.10.20062006/2603 (C.88)
Section 7028.9.2006 (partially) and 1.10.2006 (remainder)2006/2603 (C.88)
Section 7128.9.2006 (partially) and 1.10.2006 (remainder)2006/2603 (C.88)
Section 7228.4.20082008/1147 (C.50)
Section 7329.1.2007 (except in so far as it extends to Scotland)2006/3125 (C.108)
Section 7329.1.2007 (in relation to Scotland)SSI 2007/9 (C.1)
Sections 76 to 782.4.2007 (in relation to Wales so far as they relate to offences under Chapter 1 of Part 1)O.S. 2007/204 (W.18)(C.9)
Sections 76, 77 and 7813.12.2008 (in relation to Wales so far as they relate to offences under Chapter 1 of Part 3)O.S. 2008/3171 (W.288) (C.144)
Sections 76 and 771.7.2007 (in relation to England so far as they relate to offences under Part 1)2007/1375 (C.57)
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 (C.50)
Section 7822.4.2008 (in relation to England, so far as it relates to offences under Chapter 1 of Part 3)2008/1147 (C.50)
Section 80(1)1.10.2006 (partially)2006/2603 (C.88)
29.1.2007 (in relation to Scotland — partially)SSI 2007/9 (C.1)
1.2.2007 (in relation to Wales — partially)O.S. 2007/204 (W.18)
1.8.2008 (partially)2008/1972 (C.96)
Section 80(2)1.10.2006 (partially)2006/2603 (C.88)
1.2.2007 (in relation to Wales — partially)O.S. 2007/204 (W.18)
1.8.2008 (partially)2008/1972 (C.96)
Schedules 1 and 22.4.2007 (in relation to Wales)O.S. 2007/204 (W.18)
1.7.2007 (in relation to England)2007/1375 (C.57)
Schedule 31.10.2006 (partially)2006/2603 (C.88)
1.2.2007 (in relation to Wales)O.S. 2007/204 (W.18)
Schedule 41.10.20062006/2603 (C.88)
Schedules 5 and 628.9.2006 (partially) and2006/2603 (C.88)
1.10.2006 (remainder)2006/2603 (C.88)
Schedule 71.10.2006
Schedule 8
paragraphs 1 to 51.10.20062006/2603 (C.88)
paragraphs 6 to 231.8.20082008/1972 (C.96)
paragraph 241.10.2006 (partially)2006/2603 (C.88)
1.2.2007 (in relation to Wales — partially)O.S. 2007/204 (W.18)
1.8.2008 (remainder)2008/1972 (C.96)
paragraph 251.8.20082008/1972 (C.96)
paragraphs 26 to 281.10.20062006/2603 (C.88)
paragraph 291.8.20082008/1972 (C.96)
paragraph 311.10.20062006/2603 (C.88)
paragraphs 32 to 341.8.20082008/1972 (C.96)
paragraph 351.10.20062006/2603 (C.88)
paragraphs 39 to 421.10.2006 (partially)2006/2603 (C.88)
paragraph 431.2.2007 (in relation to Wales — partially)O.S. 2007/204 (W.18)
paragraph 441.10.2006 (partially)2006/2603 (C.88)
1.2.2007 (in relation to Wales — partially)O.S. 2007/204 (W.18)
paragraph 45(1) and (2)1.10.2006 (partially)2006/2603 (C.88)
1.8.2008 (remainder)2008/1972 (C.96)
paragraph 45(3)1.10.20062006/2603 (C.88)
paragraph 461.8.20082008/1972 (C.96)
paragraphs 47 and 481.10.20062006/2603 (C.88)
paragraph 491.10.2006 (partially)2006/2603 (C.88)
paragraph 501.8.20082008/1972 (C.96)
paragraphs 51 and 521.10.20062006/2603 (C.88)
paragraph 5529.1.2007 (in relation to Scotland)SSI 2007/9 (C.1)
paragraphs 56 to 611.10.20062006/2603 (C.88)
paragraph 621.2.2007 (in relation to Wales — partially)O.S. 2007/204 (W.18)
Schedule 91.10.2006 (partially)2006/2603 (C.88)
1.2.2007 (in relation to Wales — partially)O.S. 2007/204 (W.18)(C.9)
1.8.2008 (partially)2008/1972 (C.96)