The Health Act 2006 (Commencement No. 5) Order 2008

Made: 22nd July 2008

The Secretary of State for Health makes this Order in exercise of the powers conferred by section 83(7) and (8) of the Health Act 2006¹.

Citation and interpretation

1

• (1) This Order may be cited as the Health Act 2006 (Commencement No.5) Order 2008.

• (2) In this Order references to sections and Schedules are references to sections of and Schedules to the Health Act 2006.

Appointed day for provisions in respect of ophthalmic services

2

1st August 2008 is the day appointed for the coming into force of the following provisions of the Act—

• (a) sections 37 to 42;

• (b) in Schedule 8, paragraphs 6 to 23, 24 (in so far as not already in force), 25, 29, 32 to 34, 45 (in so far as not already in force), 46 and 50 and section 80(1) in so far as it relates to those paragraphs;

• (c) in Schedule 9 the repeals of the National Health Service Act 1977 and section 80(2) in so far as it relates to those repeals.

Signed

Signed by authority of the Secretary of State for Health

Ann Keen — Parliamentary Under Secretary of State — Department for Health — 22nd July 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is the fifth commencement order under the Health Act 2006 (c.28)(“the 2006 Act”).

Article 2 commences sections 37 to 42 of the 2006 Act, which amend the National Health Service Act [1977 (c.49)](https://www.legislation.gov.uk/ukpga/1977/49) (“the 1977 Act”). The effect of sections 37 and 38 is to create a duty upon Primary Care Trusts (“PCTs”) to secure the provision of primary ophthalmic services within their area and to enter into contracts with persons who will provide such services. The effect of section 39 is to provide for regulations as to who may perform those services. The effect of section 40 is to permit PCTs to provide assistance and support for providers of primary ophthalmic services. The effect of section 41 is to permit PCTs to recognise local committees representative of those providing and performing the services. The effect of section 42 is to make provision for regulations to stop payments that would otherwise be made to certain persons from being made and for a right of appeal against this.

Article 2 also commences some minor and consequential amendments to and repeals certain provisions of the 1977 Act.

Footnotes