The Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) (Amendment) Order 2004

Amendments to the Order

2.—(1) For article 1(5) of the Order (citation, commencement, interpretation and application), there shall be substituted as follows—

“(5) This Order applies to England and shall not apply to Wales, but subject to that and to any express limitation to the extent of an enactment contained in the Act—

(a)in so far as article 5 or 6 commences an amendment or repeal of an enactment, it has the same extent as that enactment; or

(b)in so far as article 7 or 8 modifies any enactment pending the coming into force of section 172(1) or 178(1) of the Act, it has the same extent as that enactment.”.

(2) In article 2(3) of the Order (appointed days for provisions relating to primary medical services), for the words “it relates to new section 16CC(1) of the 1977 Act” there shall be substituted the words “it is not in force”.

(3) In article 6(2) of the Order (repeals relating to primary medical services, general medical services and section 28C arrangements)—

(a)in sub-paragraph (d), at the end there shall be inserted “and Schedule 12A in so far as it relates to paragraphs 1(2)(d), 2(2)(c), 4(2)(b) and 5(2)(b)”;

(b)in sub-paragraph (m), for “paragraphs 18 to 24” there shall be substituted “paragraphs 18 to 23”;

(c)in sub-paragraph (p), for “and 32” there shall be substituted “, 32 and 40(3)”; and

(d)in sub-paragraph (r), for “paragraph 11(3)” there shall be substituted “paragraphs 5(4) to (6) and 11(3)”.

(4) For article 7(4)(f) of the Order (transitional provisions applying until the coming into force of section 172(1) of the Act), there shall be substituted

“(ee)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;

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

(i)in subsection (1), after the words “general ophthalmic services” there were inserted “, general dental services,”, and

(ii)in subsection (10), for the words “paragraphs (a) to (e), a supplementary list” there were substituted “paragraphs (b) to (e), a supplementary list, a list under section 28X””;.

(5) In article 7(4)(o)(ii) of the Order, for “paragraph 6(b)” there shall be substituted “paragraph 6(bb)”.

(6) For article 7(8) of the Order, there shall be substituted—

“(8) In relation to Schedule 4A to the Water Industry Act 1991(1) (premises that are not to be disconnected for non-payment of charges), paragraph 7 shall be read as if the words “or primary dental services” were omitted and as if there were inserted at the end “or personal dental services under a pilot scheme (within the meaning of Part 1 of the National Health Service (Primary Care) Act 1997)”.”.

(7) There shall be added to the end of the Order a new article 9 as follows

“Saving relating to the repeal of section 40(3) of the 1997 Act

9.  Notwithstanding the repeal of section 40(3) of the 1997 Act (interpretation) in relation to personal medical services, section 54(1)(b) of the 1977 Act (sale of medical practices) shall be read as if section 40(3) of the 1997 Act was still in force.”.