Explanatory Note
(This note is not part of the Order)
This Order brings into force certain provisions of the National Health Service (Primary Care) Act 1997 (“the 1997 Act”).
Article 2 of the Order, which applies to England only, appoints 1st March 2004 for the coming into force of section 22(1) (supplementary regulations) of the 1997 Act and 1st April 2004 for the coming into force of section 21(1) and (3) (provision of personal medical or dental services) of the 1997 Act, but only as those sections apply to personal medical services. Section 21(1) inserts new sections 28C and 28D into the National Health Service Act 1977 (“the 1977 Act”). These sections allow for arrangements to be made between specified persons for the provision of personal medical services. Section 22(1) inserts a new section 28E into the 1977 Act. This section provides for regulations to be made concerning arrangements under section 28C.
Article 2 of the Order also brings into force on 1st April 2004 paragraph 65(1) and (2) of Schedule 2 to the 1997 Act, which makes a minor consequential amendment to the National Health Service and Community Care Act 1990 relating to the functions of an NHS trust and arrangements under section 28C of the 1977 Act.
Article 3 of the Order, which applies to Wales only, appoints 1st April 2004 for the coming into force of a provision of the 1997 Act which inserts the definition of “health service body” into section 128 of the 1977 Act. The National Health Service (Primary Care) Act 1997 (Commencement No 8) Order 2002 has already brought that provision into force as regards England.
The National Health Service (Primary Care) Act 1997 (Commencement No. 4) Order 1998 and the National Health Service (Primary Care) Act 1997 (Commencement No. 5) Order 1998 restricted the interpretation of references to section 28C in enactments as references to pilot schemes. Article 4 of this Order removes this restrictive interpretation in the light of the insertion of section 28C into the 1977 Act.