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

Type Welsh-Statutory-Instrument
Publication 2004-02-26
Last updated 2023-04-01
State In force
Jurisdiction Wales
Department King's Printer of Acts of Parliament
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articles 7
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Made: 26th February 2004

The National Assembly for Wales, in exercise of the powers conferred on it by section 195(1)(b) and 199(1) of the Health and Social Care (Community Health and Standards) Act 2003[^f00001], hereby makes the following Order:

Citation, commencement, interpretation and application

1

Appointed days for provisions relating to primary medical services

2

Appointed days for provisions relating to the general medical services contract

3

Consequential amendments relating to primary medical services and general medical services coming into force on 1st April 2004

4

Repeals relating to primary medical services and general medical services

5

Transitional provisions applying until the coming into force of section 172(1) of the Act

6

and in the case of personal dental services shall also be construed as a reference to personal dental services under section 28C of the 1977 Act

, and

(bb) the provision or performance of personal dental services in accordance with arrangements made under section 28C of the 1977 Act;

(v) personal dental services provided in accordance with arrangements made under section 28C of the 1977 Act;

(c) performing personal dental services under an agreement made under section 28C below,

(cc) a dental practitioner whose name is included in a list prepared in accordance with regulations made under section 36(1)(a);

(bb) all lists under section 28X above, or any list corresponding to such a list, and

(bb) dental practitioner providing general dental services, or performing personal dental services under section 28C arrangements;

, and

(3) In this Act “worker” includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing personal dental services in accordance with arrangements made by a Strategic Health Authority or Primary Care Trust under section 28C of the National Health Service Act 1977.

(e) individuals undertaking to provide general dental services under Part 2 of the 1977 Act.

(d) individuals undertaking to provide general dental services under Part 2 of the 1977 Act.

; and

(12A) Information relating to a particular person who? (a) is or was formerly providing primary medical services under a contract under section 28Q of the 1977 Act, (b) is or was formerly included in, or is an applicant for inclusion in, a list under section 28X of the 1977Act.

; and

Transitional provisions applying until the coming into force of section 178 of the Act

7

(bb) personal dental services in accordance with arrangements made under section 28C of the 1977 Act

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00023]

D.Elis-Thomas — The Presiding Officer of the National Assembly — 26th February 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.

Footnotes

[^f00001]: 2003 c. 43.

[^f00002]: 1977 c. 49.

[^f00003]: 1997 c. 46.

[^f00004]: 2001 c. 15.

[^f00005]: 1949 c. 93.

[^f00006]: 1968 c. 46.

[^f00007]: 1977 c. 37

[^f00008]: 1983 c. 41.

[^f00009]: 1983 c. 54.

[^f00010]: 1988 c. 48.

[^f00011]: 1988 c. 49.

[^f00012]: 1990 c. 19.

[^f00013]: 1990 c. 23.

[^f00014]: 1992 c. 52.

[^f00015]: 1993 c. 46.

[^f00016]: 1995 c. 17.

[^f00017]: 1995 c. 51.

[^f00018]: 1996 c. 18.

[^f00019]: 1999 c. 8.

[^f00020]: 2002 c. 17.

[^f00021]: 1988 c. 49.

[^f00022]: 2001 c. 15.

[^f00023]: 1998 c. 38.

Editorial notes

[^key-61412adbace810b96f2a33816e8139b0]: Art. 1 in force at made date

[^key-bd596bce3a83d7cacc901fa192cd611d]: Art. 2 in force at made date

[^key-def68b46707597b5b15ffa79619c852e]: Art. 3 in force at made date

[^key-299a33d8d97035390bdf4a5c2944d31b]: Art. 4 in force at made date

[^key-27593f36589a717831599d0d57fe8067]: Art. 5 in force at made date

[^key-3565fc9dea5c6d1e735733d8a4adf3ab]: Art. 6 in force at 1.4.2004, see art. 1(2)

[^key-9234608dcfa4c39c0ed640beaf8c644f]: Art. 7 in force at 1.4.2004, see art. 1(2)

[^key-2568b0a7307ca52ffbff94460b11be26]: Words in art. 1(2) inserted (31.3.2004 at 6 p.m.) by The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) (Amendment) Order 2004 (S.I. 2004/1019), arts. 1(2), 2(1)

[^key-82777401363693eabc5900f8f17bf7a9]: Words in art. 2(2) revoked (31.3.2004 at 6 p.m.) by The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) (Amendment) Order 2004 (S.I. 2004/1019), arts. 1(2), 2(2)

[^key-d0b3d8111acd35cb5235f654d1e779d9]: Words in art. 4(2)(b) substituted (31.3.2004 at 6 p.m.) by The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) (Amendment) Order 2004 (S.I. 2004/1019), arts. 1(2), 2(3)(a)

[^key-112f2fb237255220a83cf715d5c07753]: Art. 4(2)(l) omitted (31.3.2004 at 6 p.m.) by virtue of The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) (Amendment) Order 2004 (S.I. 2004/1019), arts. 1(2), 2(3)(b)

[^key-81d8557bc13e74d614d7bdb03ab7c685]: Words in art. 5(1) substituted (31.3.2004 at 6 p.m.) by The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) (Amendment) Order 2004 (S.I. 2004/1019), arts. 1(2), 2(4)

[^key-ac7a3b8b452889a7c60011545a35226d]: Word in art. 5(2)(i) substituted (31.3.2004 at 6 p.m.) by The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) (Amendment) Order 2004 (S.I. 2004/1019), arts. 1(2), 2(5)(c)

[^key-b54274e783a3c7d0dd26b71bb454c660]: Words in art. 5(2)(m) substituted (31.3.2004 at 6 p.m.) by The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) (Amendment) Order 2004 (S.I. 2004/1019), arts. 1(2), 2(5)(d)

[^key-9aab3a8f81ffd132096d25ea5ff19cfb]: Art. 5(2)(p) substituted (31.3.2004 at 6 p.m.) by The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) (Amendment) Order 2004 (S.I. 2004/1019), arts. 1(2), 2(5)(e)

[^key-e2504a143413b957a48c320e84d96fc8]: Words in art. 5(2)(r) substituted (31.3.2004 at 6 p.m.) by The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) (Amendment) Order 2004 (S.I. 2004/1019), arts. 1(2), 2(5)(f)

[^key-01a3296cb712a632a205b4c29c791833]: Word in art. 5(2)(d)(e)(i)(l)(m)(o)(q)(r)(s) substituted (31.3.2004 at 6 p.m.) by The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) (Amendment) Order 2004 (S.I. 2004/1019), arts. 1(2), 2(5)(a)

[^key-86aed0b74d655cea7bcbe73bf3628020]: Words in art. 5(2)(d) revoked (31.3.2004 at 6 p.m.) by The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) (Amendment) Order 2004 (S.I. 2004/1019), arts. 1(2), 2(5)(b)

[^key-dbde231dafb8be52badf0bd3c1054752]: Words in art. 5(2)(d) substituted (31.3.2004 at 6 p.m.) by The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) (Amendment) Order 2004 (S.I. 2004/1019), arts. 1(2), 2(5)(b)

[^key-663e790fdda58621d6f4f2314def081f]: Words in art. 6(4)(i)(ii) substituted (31.3.2004 at 6 p.m.) by The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) (Amendment) Order 2004 (S.I. 2004/1019), arts. 1(2), 2(7)(a)

[^key-549691afe11e22857a60b1e808d0459c]: Words in art. 6(4)(i)(iii) substituted (31.3.2004 at 6 p.m.) by The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) (Amendment) Order 2004 (S.I. 2004/1019), arts. 1(2), 2(7)(b)

[^key-f7d4c134a8f9b2527e8fa679bcbb4f8f]: Art. 6(4)(p) substituted (31.3.2004 at 6 p.m.) by The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) (Amendment) Order 2004 (S.I. 2004/1019), arts. 1(2), 2(8)

[^key-c7dea5370a03c97d449a86c08ec98c9c]: Art. 6(9) substituted (31.3.2004 at 6 p.m.) by The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) (Amendment) Order 2004 (S.I. 2004/1019), arts. 1(2), 2(9)

[^key-c80920c8d5f80fa00040cf8efdbe112e]: Art. 6(4)(ee)(f) substituted for art. 6(4)(f) (31.3.2004 at 6 p.m.) by The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) (Amendment) Order 2004 (S.I. 2004/1019), arts. 1(2), 2(6)

[^key-d3aaa467be9c8415ef6ba7e8d2a7482f]: Words in art. 6(4)(i)(iii) inserted (31.3.2004 at 6 p.m.) by The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) (Amendment) Order 2004 (S.I. 2004/1019), arts. 1(2), 2(7)(b)

[^key-595d5b434d5560a634e89462a07c591b]: Art. 6(1) substituted (14.2.2006) by The Health and Social Care (Community Health and Standards) Act 2003 Commencement (Wales) (No. 4) Order 2006 (S.I. 2006/345), art. 8

[^key-786f649c5e9a97b2878c05f45a3b03b5]: Art. 6(6) revoked (1.4.2023) by The Health and Social Care (Quality and Engagement) (Wales) Act 2020 (Consequential, Supplementary and Incidental Amendments and Revocations) (Secondary Legislation) Regulations 2023 (S.I. 2023/299), reg. 1(2), Sch. para. 9

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