Contents
Supplementary
15Interpretation#
In this Act—• “the Department” means the Department of Health, Social Services and Public Safety;• “the Order of 1972” means the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14).
16Supplementary provision#
(1)The Department may by order make such transitional or transitory provisions and savings as it considers appropriate in connection with the coming into operation of any provision of this Act.
(2)Nothing in section 3 restricts the power under subsection (1) to make other transitional provisions.
(3)The Department may by order make such supplementary, incidental, or consequential provision as it considers appropriate for the purposes of, in consequence of or for giving full effect to any provision of this Act.
(4)An order under subsection (1) or (3) may modify any statutory provision.
(5)In subsection (4)—• “modify” includes add to, omit and amend; and• “statutory provision” has the meaning given in section 1(1)(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).
(6)An order made under this section shall be subject to negative resolution.
17Repeals#
The statutory provisions set out in Schedule 2 are hereby repealed to the extent specified in the second column of that Schedule.
18Commencement#
(1)The following provisions come into operation on the expiration of the period of one month from the date on which this Act receives Royal Assent—
(a)sections 1, 8 to 13 and 14(4);
(b)Schedule 1;
(c)Part 1 of Schedule 2, and section 17 so far as it relates thereto.
(2)The following provisions come into operation on such day or days as the Department may by order appoint—
(a)sections 2 to 7 and 14(1) to (3);
(b)Part 2 of Schedule 2, and section 17 so far as it relates thereto.
Ophthalmic services
9Local optical committees#
In Article 55 of the Order of 1972 (recognition of local representative committees), in paragraph (3)(a) after the word “the” insert “ ophthalmic medical practitioners and ”.
Other amendments relating to health care
12Charges for services provided to persons not ordinarily resident in Northern Ireland#
In Article 42 of the Order of 1972 (provision of services to persons not ordinarily resident in Northern Ireland)—
(a)in paragraph (2), for “such exemptions as may be prescribed” substitute “ paragraph (3) ”; and
(b)after that paragraph add—“3 Regulations may provide that charges under paragraph (2) are only to be made in such cases as may be determined in accordance with the regulations.”
13Retirement of practitioners#
Article 4 of the Health and Medicines (Northern Ireland) Order 1988 (NI 24) (retirement of practitioners) shall cease to have effect.
14Minor and consequential amendments#
(1)The following minor and consequential amendments of the Order of 1972 shall have effect.
(2)In Article 2(2) (interpretation), at the appropriate place alphabetically, insert—““general dental services contract” has the meaning given in Article 61(2);”
(3)In Article 15C(1)(b)(iii) (persons with whom arrangements under Article 15B may be made), for “Article 17C” substitute “ section 17C ”.
(4)In Schedule 15 (charges in respect of certain services), in paragraph 1(a)—
(a)in paragraph (i), for “general” substitute “ relevant ”, and
(b)in paragraphs (ii) and (iii) for “charges under Article 61(2)(d)” substitute “ charges for relevant dental services ”.
Pharmaceutical services
10Pharmaceutical services#
(1)Immediately before Article 63 of the Order of 1972 (arrangements for pharmaceutical services) insert the cross-heading— “ Pharmaceutical services ”.
(2)Paragraphs (2A) to (2D) of that Article shall cease to have effect.
(3)After that Article insert—“63AA 1 Regulations may provide that a health care professional of a prescribed description may not provide any pharmaceutical services for which a Health and Social Services Board is responsible unless that professional is included in a list maintained under the regulations by a Health and Social Services Board.2 Regulations under paragraph (1) shall include provision—a that an application to a Health and Social Services Board for inclusion in such a list shall be made in the prescribed manner and shall state—i the pharmaceutical services which the applicant will undertake to provide and, if they consist of or include the supply of appliances, which appliances he will undertake to supply; andii the premises from which he will undertake to provide those pharmaceutical services;b that, except in prescribed cases—i an application for inclusion in such a list by a person not already included; andii an application by a person already included in such a list for inclusion also in respect of pharmaceutical services or premises other than those already listed in relation to him,shall be granted only if the Health and Social Services Board is satisfied, in accordance with the regulations, that it is necessary or desirable to grant it in order to secure in the neighbourhood in which the premises are located the adequate provision by persons included in the list of the pharmaceutical services or some of the pharmaceutical services, specified in the application; andc for the removal of an entry in respect of premises from a list if it has been determined in the prescribed manner that the person to whom the entry relates—i has never provided from those premises, orii has ceased to provide from them,the pharmaceutical services, or any of the pharmaceutical services, which he is listed as undertaking to provide from them.3 Regulations under paragraph (1) may include provision—a that an application to a Health and Social Services Board may be granted in respect of some only of the pharmaceutical services specified in it;b that an application to a Health and Social Services Board relating to pharmaceutical services of a prescribed description shall be granted only if it appears to the Board that the applicant has satisfied such conditions with regard to the provision of those pharmaceutical services as may be prescribed;c that an application to a Health and Social Services Board by a person who qualified to have his name registered under the Pharmacy (Northern Ireland) Order 1976 by virtue of Article 8(2)(c) of that Order (qualification by European diploma) shall not be granted unless the applicant satisfies the Board that he has the knowledge of English which, in the interests of himself and the persons making use of the pharmaceutical services to which the application relates, is necessary for the provision of pharmaceutical services in the Board's area;d that the inclusion of a person in a list in pursuance of such an application may be for a fixed period;e that, where the premises from which an application states that the applicant will undertake to provide pharmaceutical services are in an area of a prescribed description, the applicant shall not be included in the list unless his inclusion is approved by a prescribed body and by reference to prescribed criteria; andf that the prescribed body may give its approval subject to conditions.4 For the purposes of this Article—a “health care professional” has the same meaning as in Article 15C;b a Health and Social Services Board is responsible for pharmaceutical services if it secures provision of the services, under or by virtue of Article 63 or 63A.5 Paragraphs (3), (3A), (3B) and (4) of Article 57G apply for the purposes of regulations made under this Article in the same manner as those paragraphs apply for the purposes of regulations made under paragraph (1) of that Article.”
Primary medical services
1Persons performing primary medical services: listing subject to conditions#
(1)Article 57G of the Order of 1972 (persons performing primary medical services) shall be amended as follows.
(2)In paragraph (1) for “by the Health and Social Services Board” substitute “ by a Health and Social Services Board ”.
(3)After paragraph (3) insert—“3A Regulations under paragraph (1) may, in particular, also provide for—a a person's inclusion or continued inclusion in a list to be subject to conditions determined by a Health and Social Services Board;b a Board to vary the conditions or impose different ones;c the consequences of failing to comply with a condition (including removal from a list);d the review by a Board of decisions made by it by virtue of the regulations.3B The imposition of such conditions may be with a view to—a preventing any prejudice to the efficiency of the services to which the list relates, orb preventing fraud.”
The Tribunal
11Disqualification by the Tribunal#
Schedule 1 amends Schedule 11 to the Order of 1972 (disqualification of persons providing Part 6 services).
Schedule 1 · Amendments of schedule 11 to the 1972 order
(1)
(1)Paragraph 1 (general provisions) shall be amended as follows.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In paragraph 1(4)(b), omit “the representations that the second condition for disqualification is met and”.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)After paragraph 1(7), insert—“7A The third condition for disqualification is that the person concerned is unsuitable (by virtue of professional or personal conduct) to be included, or to continue to be included in the list.”
(6)In paragraph 1(8),—
(a)omit paragraph (b);
(b)for paragraphs (c) to (e) substitute—“c a list of health care professionals of a prescribed description and bodies corporate performing primary dental services;d a list of medical practitioners and ophthalmic opticians undertaking to provide, and of persons who are approved to assist in providing, general ophthalmic services; ore a list of registered pharmacists undertaking to provide pharmaceutical services,”
(7)In paragraph 1(11),—
(a)omit “and”;
(b)at the end insert “ ; and cases in which representations are made that the third condition for disqualification is met are referred to below as unsuitability cases ”
(2)
(1)Paragraph 2 (supplementary provisions) shall be amended as follows.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In paragraph 2(3)—
(a)in paragraph (a), after “providing” insert “ , assisting in providing, or as the case may be performing, ”;
(b)in paragraph (b), after “provision” insert “ , assistance in the provision or performance, ”.
(5)In paragraph 2(5), for “a fraud case” substitute “ an unsuitability case, a fraud case or an inefficiency case ”.
(6)In paragraph 2(6), after “in” insert “ an unsuitability, ”.
(3)
(1)Paragraph 3 (powers of the Tribunal) shall be amended as follows.
(2)In paragraph 3(1), after paragraph (b) insert—“c on inquiring into an unsuitability case, that the person meets the third condition for disqualification.”
(3)For paragraph 3(2), substitute—“2 The Tribunal shall disqualify him for inclusion in—a the list to which the case relates;b all lists within the same paragraph of paragraph 1(8) as that list; andc where the list to which the case relates is a list referred to in—i paragraph 1(8)(c), all lists within paragraph (cc) of paragraph 1(8);ii that paragraph (cc), all lists within that paragraph (c).”
(4)In paragraph 3(3), after “provision” insert “ , or as the case may be performance, ”.
(5)In paragraph 3(4), for “any” substitute “ a ”.
(4)
(1)Paragraph 4 (conditional disqualification) shall be amended as follows.
(2)In paragraph 4(2)—
(a)at the end of paragraph (a), omit “or”; and
(b)after paragraph (b), insert—“c ensuring that the personi performs, undertakes to provide or assists in providing only services specified (or of a description specified) in the condition;ii undertakes an activity (or course of activity) of a personal or professional nature, or refrains from conduct of a personal or professional nature, so specified (or of a description so specified).”
(3)In paragraph 4(5), after paragraph (a) insert—“aa vary any requirements to which the person subject to the inquiry is subject under or by virtue of Article 57G, 61F, 62A or 63AA;”
(5)In paragraph 5(4) (construction of references to Health and Social Services Board)—
(a)after “providing” insert “ , or as the case may be performing, ”;
(b)for “any corresponding authority” substitute “ a reference to any authority which ”; and
(c)at the end add “ would be entitled to request a review corresponding to that mentioned in that sub-paragraph ”.
(6)
(1)Paragraph 7 (disqualification provisions in Scotland or England and Wales) shall be amended as follows.
(2)In paragraph 7(1), for the words from the beginning to “question,” substitute—“Where— a under or by virtue of any provisions in force in Scotland or England and Wales corresponding to the provisions of this Schedule, a person is disqualified for inclusion in all lists prepared under or by virtue of—i those provisions so in force, orii provisions so in force corresponding to the provisions of Part VI of this Order,of persons performing, undertaking to provide, approved to assist in providing or approved to perform any of the services mentioned in paragraph 1(8), then,b in relation to the service in question,”
(3)In paragraph 7(2)—
(a)after “provision” (first time) insert “ , assistance in provision or performance ”; and
(b)at the end add “ , Article 15B arrangements or a pilot scheme ”.
(7)In paragraph 8(2) (regulations: inquiry into more than one category of case), for “both an efficiency case and a fraud case” substitute “ an efficiency case and a fraud case or an unsuitability case or any other combination of more than one such category of case ”.
(8)
(1)Paragraph 9 (applications for interim suspension) shall be amended as follows
(2)In paragraph 9(5)(c), after “provision” insert “ or performance ”.
(3)In paragraph 9(7)(a), after “persons” insert “ performing or ”.
(4)At the end add—“8 Regulations may provide that where a Health and Social Services Board, in accordance with regulations made under Article 57G, 61F, 62A or 63AA, suspends a person from a list prepared under regulations made under the provision in question and the Board applies to the Tribunal for a direction to be made under sub-paragraph (2) in relation to the person to whom the suspension applies, the suspension may continue until the Tribunal determines the application.”
(9)For paragraph 12 (suspension provisions in Scotland or England and Wales) substitute—“12 1 This paragraph applies where it appears to the Department that there is provision in Scotland or England or Wales under which a person may be dealt with in any way which corresponds (whether or not exactly) with a way in which a person may be dealt with under a provision of this Schedule.2 A decision in Scotland or England or Wales to deal with such a person in such a way is referred to in this paragraph as a “corresponding decision”.3 If this paragraph applies, the Department may make regulations providing for the effect to be given in Northern Ireland to a corresponding decision; and where the decision corresponds (whether or not exactly) with a decision which may be made under paragraph 4 or (so far as relating to conditional disqualification) paragraph 5 the regulations may provide for the effect to be given to be determined in the prescribed manner by the Department.4 That effect need not be the same as the effect of the corresponding decision in the place where it was made.”
Schedule 2 · Repeals
Part 1 · Repeals coming into operation under section 18(1)
Part 2 · Repeals coming into operation under section 18(2)
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