The Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 8) Order 2005

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"the 1977 Act" means the National Health Service Act 1977[2]; and

"the 2000 Act" means the Care Standards Act 2000[3].

    (3) Subject to paragraph (4), this Order applies in relation to England only, but subject to that, in so far as article 10 or 11 commences an amendment or repeal of an enactment, it has the same extent as that enactment.

    (4) The following provisions apply in relation to England and Wales—

(a) article 2(2) (fees payable under Part 2 of the 2000 Act);

(b) article 9 (which commences section 181 of the Act); and

(c) articles 10 and 11 in so far as they relate to amendments or repeals consequential on the coming into force of section 181 of the Act.

Appointed days for provisions relating to fees
     2. —(1) 30th October 2005 is the appointed day for the coming into force of the following provisions of the Act—

(a) section 86; and

(b) section 105(2), and section 105(1) in so far as it relates to that subsection, in relation only to a determination by the CHAI[4] of fees payable to it from 1st April 2006 and thereafter.

    (2) 1st April 2006 is the appointed day for the coming into force of section 105(3) to (7), and section 105(1) of the Act in so far as its relates to those subsections.

Transitional provisions pending section 105(2) of the Act coming into force in relation to the CSCI
     3. —(1) Pending the coming into force of section 105(2) of the Act in relation to the determination of fees by the CSCI[5], the following transitional provisions shall apply.

    (2) Sections 12(2), 15(3), 16(3) and 22(7)(i) of the 2000 Act shall be read as if —

(a) "or the CSCI" were omitted; and

(b) after "the Assembly" there were inserted "or the CSCI".

    (3) Section 15(5) of the 2000 Act shall be read as if after "the Assembly" there were inserted "or the CSCI".

Appointed days for provisions relating to primary dental services
     4. —(1) 1st December 2005 is the appointed day for the coming into force of the following provisions of the Act—

(a) section 179(1) in so far as it is not already in force;

(b) for the purposes of making regulations under section 45B of the 1977 Act[6], paragraph 23 of Schedule 11, and section 184 and paragraph 7 of that Schedule in so far as they relate to that paragraph; and

(c) in Schedule 11, paragraph 39 in so far as it inserts the definition of "primary dental services" into section 128(1) of the 1977 Act, and section 184 and paragraph 7 of that Schedule in so far as they relate to that paragraph.

    (2) 1st January 2006 is the appointed day for the coming into force of the following provisions of the Act—

(a) section 170 in so far as it relates to the insertion of section 16CA(2) and (4) into the 1977 Act;

(b) for the purposes of making regulations, section 171(1) in so far as it inserts section 16CB(1) into the 1977 Act; and

(c) section 180 in so far as it is not already in force.

    (3) 1st April 2006 is the appointed day for the coming into force of the following provisions of the Act—

(a) section 170 in so far as it is not already in force;

(b) section 171(1) in so far as it relates to the insertion of section 16CB(1) and (4) into the 1977 Act, and in so far as it is not already in force; and

(c) section 171(2).

Appointed days for provisions relating to general dental services contracts
     5. —(1) 1st December 2005 is the day appointed for the coming into force of the following provisions of the Act—

(a) for the purposes of making regulations or directions, section 172(1) in so far as it relates to insertion of sections 28M, 28O and 28P into the 1977 Act;

(b) section 172(1) in so far as it relates to the insertion of sections 28L and 28N into the 1977 Act;

(c) section 173;

(d) section 182(1); and

(e) paragraph 39 of Schedule 11 in so far as it is not already in force, and section 184 and paragraph 7 of that Schedule in so far as they relate to that paragraph.

    (2) 1st January 2006 is the day appointed for the coming into force of section 172(1) of the Act in so far as it is not already in force.

    (3) 1st April 2006 is the day appointed for the coming into force of section 172(2) of the Act.

Appointed days in relation to section 28C arrangements
     6. —(1) 1st December 2005 is the day appointed for the coming into force of the following provisions of the Act in so far as they are not already in force—

(a) section 177(1) to (11);

(b) paragraphs 14 and 15 of Schedule 11, and section 184 and paragraph 7 of that Schedule in so far as they relate to those paragraphs; and

(c) the entries in Schedule 14 relating to sections 28C(3)(b) and (7), 28D(2), 28DA, 28E(2)(b) and the words following that paragraph, and 28E(3)(j) and (k) and (5) to (8) of the 1977 Act.

    (2) 1st April 2006 is the day appointed for the coming into force of the following provisions of the Act in so far as they are not already in force—

(a) section 177; and

(b) section 178.

Appointed days in relation to charges for dental services
     7. —(1) For the purposes of making regulations, 1st November 2005 is the day appointed for the coming into force of section 183 of the Act.

    (2) 1st April 2006 is the day appointed for the coming into force of section 183 of the Act in so far as it is not already in force.

Appointed day in relation to representations relating to special guardianship support services
     8. 30th December 2005 is the day appointed for the coming into force of section 117(1) of the Act in so far as it is not already in force.

Appointed day in relation to the abolition of the Dental Practice Board
     9. 1st April 2006 is the day appointed for the coming into force of section 181 of the Act.

Consequential amendments relating to primary dental services, general dental services, section 28C arrangements and the Dental Practice Board
     10. —(1) 1st April 2006 is the day appointed for the coming into force of the provisions of Schedule 11 to the Act referred to in paragraph (2) and section 184 and paragraph 7 of that Schedule in so far as it relates to those provisions, in so far as they are not already in force.

    (2) In Schedule 11—

(a) paragraphs 2 and 3;

(b) paragraphs 17 to 23;

(c) paragraph 24(b);

(d) paragraphs 28 to 35;

(e) paragraph 36(b);

(f) paragraph 41;

(g) paragraph 46(1), (2)(b) and (3)(b) and (c);

(h) paragraph 50;

(i) paragraphs 53 and 54;

(j) paragraphs 60, 61 and 64;

(k) paragraph 66;

(l) paragraph 67(b); and

(m) paragraphs 69 and 72.

Repeals relating to primary dental services, general dental services, section 28C arrangements and the Dental Practice Board
     11. —(1) 1st April 2006 is the day appointed for the coming into force of the repeals relating to the enactments mentioned in Part 4 of Schedule 14 to the Act which are referred to in paragraph (2) and in so far as they are not already in force, and section 196 of the Act in so far as it relates to those enactments.

    (2) The enactments specified for the purposes of paragraph (1) are—

(a) the Parliamentary Commissioner Act 1967[7];

(b) the House of Commons Disqualification Act 1975[8];

(c) the Race Relations Act 1976[9];

(d) in the 1977 Act, sections 5(1A), 28G, 35 to 37, 43ZA(3)(b), 43D(10)(b), 44(A2), (B1), (3)(c) to (d) and (5), 45(1ZA)(b) and (1A), 49F(1)(c), 49H(1)(a), 56(b), 72(5)(a), 78, 81(b), 82(b), 83(b), 85(1)(e), 98, 99(1)(f), 100(1)(e), 102(1)(a)(iv), 102(2)(c), 103(1)(a), 128(1), Schedule 1 and Schedule 12;

(e) the National Health Service (Scotland) Act 1978[10];

(f) the Health Services Act 1980[11];

(g) the Health and Social Services and Social Security Adjudications Act 1983[12];

(h) the Dentists Act 1984[13];

(i) the Health and Social Security Act 1984[14];

(j) the Income and Corporation Taxes Act 1988[15];

(k) the Health and Medicines Act 1988[16];

(l) the National Health Service and Community Care Act 1990[17];

(m) the Health Authorities Act 1995[18];

(n) the Employment Rights Act 1996[19];

(o) in the National Health Service (Primary Care) Act 1997[20], Part 1, sections 24(1), 40(1) and (3) and Schedule 2, paragraphs 12, 16 to 19, 24, 25 and 72;

(p) the Health Act 1999[21];

(q) the National Assembly for Wales (Transfer of Functions) Order 1999[22];

(r) the Freedom of Information Act 2000[23];

(s) the Health and Social Care Act 2001[24]; and

(t) the National Health Service Reform and Health Care Professions Act 2002[25].

Amendment of the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No.2) Order 2004
     12. In article 7 of the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No.2) Order 2004[26], for paragraph (1) substitute—

    " (1) The following transitional provisions shall apply until 1st April 2006.".

Signed by authority of the Secretary of State for Health


Rosie Winterton
Minister of State, Department of Health

20th October 2005

[2] 1977 c.49.back

[3] 2000 c.14.back

[4] CHAI means the Commission for Healthcare Audit and Inspection. See section 5A of the 2000 Act as amended by section 103 of the Act.back

[5] CSCI means the Commission for Social Care Inspection. See section 5B of the 2000 Act as amended by section 103 of the Act.back

[6] Section 45B is inserted into the 1977 Act by paragraph 23 of Schedule 11 to the Act.back

[7] 1967 c.13.back

[8] 1975 c.24.back

[9] 1976 c.74.back

[10] 1978 c.29.back

[11] 1980 c.53.back

[12] 1983 c.41.back

[13] 1984 c.24.back

[14] 1984 c.48.back

[15] 1988 c.1.back

[16] 1988 c.49.back

[17] 1990 c.19.back

[18] 1995 c.17.back

[19] 1996 c.18.back

[20] 1997 c.46.back

[21] 1999 c.8.back

[22] S.I. 1999/672.back

[23] 2000 c.36.back

[24] 2001 c.15.back

[25] 2002 c.17.back

[26] S.I. 2004/288.back