(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).