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

section 179(1) as it relates to new section 28X(1) and (3) to (7) of the 1977 Act and section 179(2);

for the purposes of making regulations, paragraph 23 of Schedule 11 to the extent that it inserts section 45A(9) of the 1977 Act and section 184 and paragraph 7 of that Schedule in so far as they relate to those paragraphs; and

in Schedule 11, paragraph 38 and paragraph 39 in so far as it inserts the definition of “primary medical services” into section 128(1) the 1977 Act and section 184 and paragraph 7 of that Schedule as they relate to those paragraphs.

section 174 in so far as it relates to new section 16CC(2) and (4) of the 1977 Act;

section 180 in so far as it relates to the new section 28Y of the 1977 Act and primary medical services; and

paragraph 8 of Schedule 11 and section 184 and paragraph 7 of that Schedule in so far as they relate to that paragraph.

section 175;

section 176; and

paragraph 39 of Schedule 11 in so far as it inserts the definition of “general medical services contract” into section 128(1) the 1977 Act and section 184 and paragraph 7 of that Schedule in so far as they relate to that paragraph.

paragraph 1;

paragraph 2 in so far as it relates to the provisions commenced by F1paragraphs (c) and (d) below;

paragraph 3(2)(a) and (3) to (5) and 3(1) in so far as it relates to those provisions,

paragraphs 4 to 6;

paragraph 7 in so far as it relates to the provisions commenced by sub-paragraphs (f) to (q) below and in so far they are not in force;

paragraph 9;

paragraph 10;

paragraph 13;

paragraph 20 in so far as it omits section 43D(10)(a) of the 1977 Act;

paragraph 21(2), 21(3) in so far as it omits section 44 (A1) and (B1) of the 1977 Act, 21(4) and 21(5) in so far as it omits section 44(3)(a) and (b) and paragraph 21(1) in so far as it relates to those provisions;

paragraph 22(2), 22(3)(a), (5)(b) and (7) to (9) and paragraph 22(1) in so far as it relates to those provisions;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

paragraph 23 in so far as it inserts new sections 45A and 45B into the 1977 Act;

paragraph 24(a);

paragraphs 25 to 27;

paragraph 36(a);

paragraph 37;

paragraph 40;

paragraph 41;

paragraphs 42 to 44;

paragraph 45 in relation to paragraphs 1(2)(b), 2(2)(a), 4(2)(aa) and 6B(2)(a) and 6B(2)(a) of Schedule 12A to the 1977 Act;

paragraph 46(2)(a) and (3)(a) and paragraph 46(1) in so far as it relates to those provisions;

paragraphs 47 to 49;

paragraphs 51 and 52;

paragraph 55 and 53 in so far as it relates to paragraph 55;

paragraphs 56 to 59;

the National Health Service (Amendment) Act 1949^f1;

the Health Services and Public Health Act 1968^f2;

the Patents Act 1977^f3;

the 1977 Act in F2relation to sections 3(3), 26(2)(a) and (4)(a), 28H, 28F, 29 to 34A, 43ZA(3)(a), 43C(3), 43D(1) and (10)(a), 44 (A1), (B1)) and (3)(a) to (b), 45(3), 49F(1)(a), 52, 53, 56(a), 102(1)(a)(iii) and (2)(b), 126(4) and 128(1) in relation to the definitions of “medical list”, “personal medical services” and “terms of service”, Schedule 7A, F3... and Schedule 12A in relation to F4paragraphs 1(2)(d), 2(2)(c), 6A and 6B;

the Health and Social Services and Social Security Adjudications Act 1983^f4 in relation to section 14(1) and Schedule 6, paragraph 2;

the Medical Act 1983^f5;

the Copyright, Designs and Patents Act 1988^f6;

the Health and Medicines Act 1988^f7 in relation to section 2(1)(a) and 8(1)(a) and section 17(1) in so far as it relates to section 29 of the 1977 Act;

F5the National Health Service and Community Care Act 1990^f8 in so far as it relates to sections 18(7) and 23;

the Access to Health Records Act 1990^f9;

the Trade Union and Labour Relations (Consolidation) Act 1992^f10;

the Health Service Commissioners Act 1993^f11 in relation to section 6(5);

Health Authorities Act 1995^f12 in relation to F6paragraphs 18 to 23 of Schedule 1;

the Medical (Professional Performance) Act 1995^f13;

the Employment Rights Act 1996^f14 in relation to section 43K(1)(c)(i);

in relation to the 1997 Act, Part 1 and section 40(3), in so far as they relate to personal medical services, and sections 23(1), 25(1) and 32, Schedule 1 and Schedule 2, paragraphs 6, 8 to 11, 71, 80 and 81;

the Health Act 1999^f15 in relation to sections 9(2) and 11(2) in so far as it inserted section 44(A1) into the 1977 Act, Schedule 3, paragraph 11(3) and Schedule 4, paragraphs 2 and 17;

the 2001 Act in relation to sections 15, 17 , 18, 20(2) and (3), 23(2) and 27(5) and Schedule 5, F8paragraphs 5(4) to (6) and 11(3); and

the National Health Service Reform and Health Care Professions Act 2002^f16 in relation to sections 5(2) and (6)(b) and Schedule 2, paragraphs 3 to 8 and 72, Schedule 3, paragraphs 5, 6 and 10 and Schedule 8, paragraph 2.

section 59 (extension of power of user by Crown of patented invention to user for certain health services) shall be read as if—

section 63(2) (provision of instruction of officers etc) shall be read as if —

after the words “in the case of pharmaceutical services” there were inserted the words “and general dental services”;

in sub-paragraph (ai) the words “or primary dental services” were omitted; and

the following sub-paragraph were inserted after sub-paragraph (iv)—

“(v)

personal dental services provided in accordance with arrangements made under section 28C of the 1977 Act;”.

in section 15(1)(a) (duty of Health Authority in relation to family health services) the reference to “primary dental services” shall be read as if it were a reference to “general dental services”;

section 18A(3) (provision of services etc) shall be read as if—

section 26 (supply of goods and services by the Secretary of State) shall be read as if—

section 28D shall be read as if—

section 43(1) (persons authorised to provide pharmaceutical services) shall be read as if for the words “general medical services” there were substituted the words “primary medical services”;

section 43C(3) (indemnity cover) shall be read as if in the definition of “Part II services”, the words “general dental services,” were inserted before the words “general ophthalmic services”;

section 43D (supplementary lists) shall be read as if—

section 44(5)(a) (recognition of local representative committees) shall be read as if the words “ medical practitioner or” were omitted;

section 45 (functions of local representative committees) shall be read as if—

Section 45B (Local Dental Committees) shall be read as if—

section 49N(1) (national disqualification) shall be read as if the word “and” were inserted at the end and the following paragraph was inserted after paragraph (b)—

“(bb)

all lists under section 28X above, or any list corresponding to such a list, and”;

section 52 (use of accommodation) shall be read as if the words “general dental services” were inserted before the words “general ophthalmic services”;

section 72(5)(d) (permission for use of facilities in private practice) shall be read as if the words “or primary dental services” and “or a general dental services contract” were omitted;

section 103(1)(a) (special arrangements as to payment of remuneration) shall be read as if the words “or primary dental services” were omitted;

section 128(1) (interpretation and construction) shall be read as if in the definition of “terms of service” the words “general dental services” were inserted before the words “general ophthalmic services”;

paragraph 1(5) of Schedule 8A (local pharmaceutical services schemes) shall be read as if for the words “personal medical services” there were substituted the words “primary medical services”; and

Schedule 9A (the Family Health Services Appeal Authority) shall be read as if—

paragraph (za) shall be read as if the words “or primary dental services” were omitted; and

paragraph (a)(i) shall be read as after the words “in the case of pharmaceutical services” there were inserted the words “and general dental services”.

in subsection (1) the number “35” were inserted before the number “38”

in subsection (2)—

a new subsection (3) were added at the end as follows—

“(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.”.

section 2A(1) (health service providers subject to investigation) shall be read as if—

section 2A(2) shall be read as if—

section 6(5) (general health services and service committees) shall be read as if the number “35” were inserted before the number “38”.

in paragraph (ba), for the words “section 28K or 28Q” there were substituted the words “section 28Q”; and

in paragraph (c)(i), the number “35” were inserted before the number “38”.

in paragraph 11 before the word “services” in each place it appears, the words “personal dental” were inserted;

in paragraph 12 the words “personal medical services or” were omitted;

the following paragraph were inserted after paragraph 12?

“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

in paragraph 13, for “11, or 12” there were substituted “11, 12 or 12A”

there were omitted the words “or primary dental services”; and

there were inserted at the end the words “or personal dental services under any provision of, or made under, the 1977 Act or the National Health Service (Primary Care) Act 1997”.