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2004 No. 149

HEALTH AND PERSONAL SOCIAL SERVICES

The Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004

  Made 30th March 2004 
  Coming into operation 1st April 2004 

The Department of Health, Social Services and Public Safety[1], in exercise of the powers conferred on it by Articles 57G, 106(b) and 107(6) of, and paragraph 1(8)(a) of Schedule 11 to, the Health and Personal Social Services (Northern Ireland) Order 1972[2] and of all other powers enabling it in that behalf, in conjunction with the Department of Finance and Personnel, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004 and shall come into operation on 1st April 2004.

Interpretation
    
2. In these Regulations -

Primary Medical Services Performers
     3.  - (1) Subject to paragraphs (2), (3) and (4), a health care professional who is a medical practitioner may not perform any primary medical service which a Board is, under Article 56 of the Order[26], under a duty to provide or secure the provision of unless that medical practitioner is included in a primary medical services performers list maintained by that Board.

    (2) A medical practitioner who is provisionally registered under section 15 (provisional registration), 15A (provisional registration for EEA nationals) or section 21 (provisional registration) of the Medical Act 1983 may perform primary medical services despite not being included in the primary medical services performers list of any Board, where those services are performed in the course of the practitioner's employment in a resident medical capacity in an approved medical practice.

    (3) A GP Registrar, who has applied in accordance with these Regulations to a Board to have the GP Registrar's name included in a primary medical services performers list maintained by that Board, may, despite not being included in that list, perform any primary medical service which that Board is, under Article 56 of the Order, under a duty to provide or secure the provision of, until the first of the following events arises -

    (4) Paragraph (1) shall not apply to the provision of any primary medical service by a medical practitioner not included in a list specified in paragraph (1) at any time prior to 1st October 2004.

Primary Medical Services Performers Lists
     4.  - (1) Each Board shall prepare in accordance with these Regulations a primary medical services performers list of medical practitioners who may perform primary medical services for which that Board is, under Article 56 of the Order, under a duty to provide or secure the provision of.

    (2) A primary medical services performers list shall contain in respect of each performer included in the list the following information -

Publication of primary medical services performers lists
    
5.  - (1) A Board shall publish and make available for inspection, at such places as appear to it convenient for informing all persons interested within the Board's area, copies of the primary medical services performers list and shall keep them up-to-date.

    (2) A Board shall send a copy of the primary medical services performers list to -

at intervals of not more than 3 months.

Application for inclusion in the primary medical services performers list
    
6.  - (1) An application by a person for inclusion in a primary medical services performers list of a Board shall be made in writing to the Board and shall include the documents, information, undertakings and declarations specified in Schedule 1.

    (2) Before determining an application, a Board shall -

    (3) If a Board considers that further information or documents, in addition to the documents, information and undertakings provided by the applicant in accordance with paragraph (1), are necessary to determine the applicant's application, the Board shall require the applicant to provide such further information or documents as are necessary before the Board shall determine an application in accordance with this regulation.

Decisions and grounds for refusal and deferral
    
7.  - (1) A Board shall refuse to include the name of an applicant in its primary medical services performers list if -

    (2) Paragraph (1) is without prejudice to any duty on a Board not to -

    (3) When a Board has decided whether or not to include an applicant in its primary medical services performers list, the Board shall notify the applicant within 7 days of -

    (4) Without prejudice to the Board's power under paragraph 1 of Schedule 11 to the Order (the Tribunal) to make representations to the Tribunal that an applicant meets the second condition for disqualification, a Board shall defer determination of an application for inclusion in a primary medical services performers list where -

and the Board shall notify the applicant of the deferral and the reasons for the deferral in writing.

    (5) A Board shall defer a determination under paragraph (4) only until the outcome of the relevant event is known.

    (6) Once the outcome of the relevant event is known, the Board shall require the applicant to confirm that the applicant wishes to proceed with the application and provide details of any changes to the application, and any information included in the application, within 28 days (or such longer period as the Board specifies).

    (7) On the expiry of the period of 28 days (or such longer period as the Board has specified) referred to in paragraph (6), the Board shall again consider the application and notify the applicant of its determination and the reasons for it (including any facts relied on) and, where the Board refuses the application for inclusion, of the applicant's right of appeal under regulation 13.

    (8) In this regulation "the outcome of the relevant event" means the final determination of any proceedings (including proceedings pending the determination of which the applicant is suspended) or investigation referred to in paragraph 4(a) to (c).

Requirements with which a medical practitioner included in a primary medical services performers list must comply
     8.  - (1) A performer included in a primary medical services performers list shall comply with the undertakings specified in paragraph 3 of Schedule 1 and any other requirement of these Regulations.

    (2) A performer included in a primary medical services performers list shall comply with the undertakings specified in paragraph 3 of Schedule 1 whether or not those undertakings were included in an application by the performer under regulation 6.

Removal from primary medical services performers lists
    
9.  - (1) In addition to any duty on a Board under the Order not to continue to include a performer by virtue of that performer's disqualification or to remove the performer by virtue of the performer being suspended, where a Board determines that a performer who has been included in a primary medical services performers list -

the Board shall remove the performer from the primary medical services performers list with effect from the date of its determination or, in the circumstances mentioned in sub-paragraph (c), the date on which the direction or order takes effect, if that date is later than the date of the Board's determination, and shall notify the performer as soon as practicable of the removal and the reasons for the removal in writing.

    (2) Paragraph (1) is without prejudice to any duty on a Board to -

Removal from the primary medical services performers list of medical practitioners not performing primary medical services
    
10.  - (1) Where a Board has determined, in accordance with the provisions of this regulation, that a performer who is included in the primary medical services performers list has not, for the preceding 12 months, performed primary medical services which that Board is, under Article 56 of the Order[32], under a duty to provide or secure the provision of, the Board may remove the performer from the primary medical services performers list, unless the Department directs to the contrary in accordance with regulation 13(11).

    (2) In calculating the period of 12 months referred to in paragraph (1) the Board shall disregard any period during which the performer -

    (3) Before making any determination under paragraph (1) the Board shall -

    (4) If the performer requests the opportunity to make oral representations pursuant to paragraph (3)(c), the Board shall appoint a committee, of which at least one third of the members shall be general medical practitioners, to consider those representations and make a recommendation to the Board.

    (5) If there are no representations within 28 days of and including the date of notification under paragraph (3)(a) the Board shall inform the performer in writing of -

within 7 days of making that determination, and where the Board has determined that the performer is to be removed from the primary medical services performers list it shall give the performer 28 days notice in writing of the date on which the performer will be removed.

    (6) Where there are representations by the performer pursuant to paragraph (3)(b) or (c) the Board shall take those representations or any recommendation made by the committee appointed in accordance with paragraph (4) into account before reaching its decision, and shall then notify the performer in writing of -

within 7 days of making that determination, and where the Board has determined that the performer is to be removed from the primary medical services performers list it shall give the performer 28 days notice in writing of the date on which the performer will be removed.

    (7) Where a performer has appealed to the Department, in accordance with regulation 13, within 21 days of and including the date on which notice of the determination of the Board was given to the performer and the decision on any such appeal is pending, a Board shall not remove, by reason of the determination against which appeal has been lodged, that performer from the primary medical services performers list.

    (8) No determination under this regulation shall be made in respect of any performer who has completed a period of relevant service in the armed forces until 12 months after the date when the performer completed that period of relevant service in the armed forces.

Re-inclusion in a primary medical services performers list
     11. Where a person's name has been removed from a primary medical services performers list on grounds of conviction of a criminal offence and either -

the Board may include that person in the primary medical services performers list without an application being made in accordance with regulation 6 if the Board is satisfied that there is no further information which it should consider, and provided that the Board receives undertakings from the person to comply with these Regulations.

Amendment or withdrawal from primary medical services performers lists
    
12.  - (1) A performer shall, unless it is impracticable to do so, give notice in writing to the Board within 28 days from and including the date of any occurrence requiring a change in the information recorded on a primary medical services performers list.

    (2) A performer shall, unless it is impracticable to do so, give notice in writing to the Board at least three months in advance of any date on which the performer intends to withdraw from the primary medical services performers list.

    (3) The Board shall, on receiving notice from any performer -

    (4) Any notice given pursuant to paragraph (2) may not be withdrawn by the performer except with the consent of the Board.

    (5) Where, in relation to a performer, representations are made to the Tribunal under paragraph 1 of Schedule 11 to the Order (the Tribunal), or a request for a review has been made to the Tribunal or a review is to be made by the Tribunal under paragraph 5 of Schedule 11 to the Order (review etc. of disqualification), that performer shall not, except with the consent of the Department and subject to such conditions as it may impose, be entitled to withdraw from the list until the proceedings on such representations, request for review or review have been determined.

Appeal to the Department
    
13.  - (1) A person may appeal -

    (2) A person may appeal by sending a notice of appeal to the Department, a copy of which shall be sent at the same time to the Board, within 21 days, or within such longer period as the Department for reasonable cause allows, of the date on which notice of the determination of the Board was given to the person.

    (3) A notice of appeal shall contain the facts and contentions on which the person seeks to rely.

    (4) If it appears to the Department that an appeal is of such a nature that it can properly be determined without a hearing, it may determine the appeal summarily without a hearing and shall give its decision in writing, with reasons for that decision, and send it to the appellant and the Board.

    (5) If the Department is of the opinion that a hearing is required, it shall appoint -

to hear the appeal.

    (6) A hearing may take place at such time and place as the Department may direct and notice of the hearing shall be sent by post to the appellant and the Board not less than 14 days before the date fixed for the hearing.

    (7) The appellant may attend and be heard in person or by counsel or solicitor or other representative and the Board may be represented at the hearing by any duly authorised official or by counsel or solicitor.

    (8) Subject to the provisions of this regulation, the procedure at the hearing shall be such as the person or persons hearing the appeal may determine.

    (9) The person or persons hearing the appeal shall report thereon to the Department, stating the relevant facts and conclusions, and the Department after taking such report into consideration shall give its decision in writing, with reasons for that decision and send it to the appellant and the Board.

    (10) Where, on allowing an appeal referred to in paragraph (1)(a), the Department remits an application to the Board for reconsideration, the Board shall re-determine the application and in so doing shall comply with any any directions given by the Department.

    (11) Where the Department allows an appeal referred to in paragraph (1)(b), it shall direct the Board not to remove the performer from the primary medical services performers list by reason of the determination appealed against, or, where the person has been removed, direct the Board to re-include the person in the primary medical services performers list, and not to remove the person by reason of the determination appealed against.

Disclosure of information
    
14.  - (1) Where a Board decides to -

the Board shall notify the persons specified in paragraph (2) within 7 days of that decision, and shall additionally notify those persons specified in paragraph (3), if requested to do so by those persons or bodies in writing, of the matters set out in paragraph (4).

    (2) The persons to be notified within 7 days in accordance with paragraph (1) are -

    (3) The persons to be additionally notified in accordance with paragraph (1) are -

    (4) The matters referred to in paragraph (1) are -

    (5) The Board shall send to the person concerned a copy of any information about that person provided to the persons listed in paragraph (2) or (3), and any correspondence with that person relating to that information.

    (6) Where the Board has notified any of the persons specified in paragraph (2) or (3) of the matters set out in paragraph (4), it may, in addition, if requested by that person, notify that person of any evidence that was considered, including any representations from the performer.

    (7) Where a decision is changed on appeal the Board shall notify the persons that were notified of the original decision of the later decision.

    (8) A Board may disclose information about a performer supplied to it or acquired by it pursuant to these Regulations, or about references by the Board to the Tribunal to any of the following -

Payments to suspended medical practitioners
    
15.  - (1) A Board shall make payments, in accordance with any determination by the Department, to any performer whose name appears on a primary medical services performers list and who is suspended.

    (2) Any determination under paragraph (1) shall be made in accordance with paragraph (3) after consultation with such persons as the Department considers appropriate.

    (3) Any determination under paragraph (1) -

    (4) Any determination under paragraph (1) may be amended from time to time by the Department after consultation with such persons as it considers appropriate.



Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on


30th March 2004.

L.S.


Dr. J. F. Livingstone
A Senior Officer of the Department of Health, Social Services and Public Safety


Sealed with the Official Seal of the Department of Finance and Personnel on


30th March 2004.

L.S.


C. Doran
A Senior Officer of the Department of Finance and Personnel


SCHEDULE 1
Regulation 6(1)


INFORMATION, DECLARATIONS AND UNDERTAKINGS TO BE INCLUDED IN AN APPLICATION FOR INCLUSION IN A PRIMARY MEDICAL SERVICES PERFORMERS LIST


     1. An application shall contain the following information -

     2. An application shall contain the following declarations as to whether or not the applicant -

     3. An application shall include the following undertakings -

     4. The events to which this paragraph applies are -



EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations provide for lists ("primary medical services performers lists") of general medical practitioners performing primary medical services for which Boards are, under Article 56 of the Health and Personal Social Services (Northern Ireland) Order 1972 ("the 1972 Order"), under a duty to provide or secure the provision of, to be kept by those Boards.

Regulation 3 provides that medical practitioners, subject to certain exceptions, may not perform primary medical services for which a Board is under a duty to provide or secure the provision of unless they are included in a list maintained by the Board.

Regulations 4 and 5 provide for the preparation, maintenance and publication of lists by Boards.

Regulation 6 makes provision in relation to applications for inclusion in primary medical services performers lists and Schedule 1 sets out the information, declarations and undertakings to be supplied on application.

Regulation 7 makes provision for the grounds on which an application must be refused or deferred.

Regulation 8 and paragraph 3 of Schedule 1 set out the requirements with which a performer included in a list must comply.

Regulations 9 and 10 make provision for removals of performers from the primary medical services performers list, including the grounds for removal, and regulation 11 makes provision to permit Boards to re-include in a list persons removed on the grounds of a criminal conviction where the person has successfully appealed against conviction, or in certain circumstances, sentence.

Regulation 12 sets out the circumstances in which a performer included in a primary medical services performers list may not withdraw from it.

Regulation 13 makes provision for appeals to the Department against decisions of Boards to refuse to include a person in a primary medical services performers list, or to remove them from the list on the ground that the person has not performed primary medical services in the last 12 months.

Regulation 14 makes provision for the disclosure of information by Boards about applicants for inclusion on primary medical services performers lists, refusals of applications, removals and references to the Tribunal.

Regulation 15 provides for the making of payments by Boards to general medical practitioners who have been suspended by the Tribunal under paragraph 9 (applications for interim suspension) or paragraph 10 (suspension pending appeal) of Schedule 11 to the 1972 Order or under corresponding provisions in operation in England, Wales or Scotland in consequence of that suspension.


Notes:

[1] See S.I. 1999/283 (N.I. 1) Article 3(6)back

[2] S.I. 1972/1265 (N.I. 14) Article 57G was inserted by the Primary Medical Services (Northern Ireland) Order 2004 (S.I. 2004/311 (N.I. 2)). Schedule 11 was substituted by Schedule 2 to the Health and Personal Social Services Act (Northern Ireland) 2001 c. 3 (N.I.) and amended by Article 8(3) of S.I. 2004/311 (N.I. 12)back

[3] S.I. 2002/3135back

[4] S.I. 2003/1250back

[5] S.I. 2004/311 (N.I. 2)back

[6] 1983 c. 54. Section 11(4) was amended by the National Health Service (Primary Care) Act 1997 (c. 46), section 35(4) and Schedule 2, Part 1, paragraph 61 and paragraph 48 of Schedule 11 to the Health and Social Care (Community Health and Standards) Act 2003 (c. 43)back

[7] 1983 c. 54. Section 1(3) was amended by the Medical (Professional Performance) Act 1995 (c. 41), Schedule, paragraph 2 and S.I. 2000/1803back

[8] Schedule 11 was substituted by Schedule 2 to the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3) and amended by S.I. 2004/311 (N.I. 12)back

[9] 1977 c. 49. Section 16A is inserted by section 2(1) of the Health Act 1999 c. 8back

[10] Section 16BA is inserted by section 6 of the National Health Service Reform and Health Care Professions Act 2002 c. 17back

[11] 1978 c. 29back

[12] 1983 c. 54. Paragraph 19E is inserted by Article 5(3) of the 2002 Order, with effect from such date as the Secretary of State specifyback

[13] S.I. 1978/1907 (N.I. 26)back

[14] 1978 c. 29back

[15] 1977 c. 49back

[16] S.R. 2004 No. 140back

[17] Section 35E is inserted by Article 13 of the 2002 Order, with effect from such date as the Secretary of State may specifyback

[18] Article 55B was inserted by paragraph 9 of Schedule 1 to the 2004 Orderback

[19] Article 55 was substituted by section 42 of the Health and Personal Social Service Act (Northern Ireland) 2001 and amended by paragraph 7 of Schedule 1 to the 2004 Orderback

[20] 1983 c. 54. Section 15 was amended by the National Health Service (Primary Care) Act 1997 (c. 46) ("the 1997 Act"), Schedule 2, Part 1, paragraph 61(4); section 15A was inserted by S.I. 2000/3041. Section 21 was amended by the 1997 Act, Schedule 2, Part 1, paragraph 61(5) and by S.I. 1996/1591 and 2002/3135back

[21] Section 22 was amended by S.I. 1996/1951 and 2002/3135back

[22] Schedule 11 was substituted by Schedule 2 to the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3)back

[23] Article 56(2) was substituted by Article 3 of the 2004 Order, Article 15B was inserted by the Health Service (Primary Care) (N.I.) Order 1997 (1997/1177 (N.I. 7)) and was amended by Article 6(2) of the 2004 Order, and Article 57 was inserted by Article 4 of the 2004 Orderback

[24] 1983 c. 54. Section 2 was amended by S.I. 1996/11591back

[25] S.R. 1998 No. 13back

[26] S.I. 1972/1265 (N.I, 14). Article 56 was inserted by Article 3 of the 2004 Orderback

[27] Section 36 was amended by the Medical (Professional Performance) Act 1995 (c. 51) ("the 1995 Act"), Schedule, paragraph 5 and by S.I. 2000/1803back

[28] Section 38 (1) was amended by the 1995 Act, Schedule, paragraph 7(2)(a)-(c)back

[29] Sections 35D and 38 are inserted by Article 13 of the 2002 Order, with effect from such date as the Secretary of State may specifyback

[30] Schedule 4 is substituted by Article 14 of the 2002 Order, with effect from such date as the Secretary of State may specifyback

[31] Schedule 11 was substituted by Schedule 2 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3) and amended by paragraph 12 of Schedule 1 to the 2004 Orderback

[32] S.I. 1972/1265 (N.I, 14). Article 56 was inserted by Article 3 of the 2004 Orderback

[33] 1983 c. 54. Section 37 was amended by the Medical (Professional Performance) Act 1995 (c. 51) ("the 1995 Act"), Schedule, paragraph 6 and by S.I. 2000/1803; section 41A was inserted by S.I. 2000/1803back

[34] Section 41A is substituted by Article 13 of the 2002 Order, with effect from such date as the Secretary of State may specifyback

[35] 1992 c. 8. Section 109A was inserted by Article 14 of S.I. 1997/1182 (N.I. 11)back

[36] 1992 c. 5. Section 115A was inserted by section 15 of the Social Security Administration (Fraud) Act 1997 (c. 47)back

[37] 1995 c. 46back

[38] S.I.1994/3130; relevant amending instrument is S.I. 1998/669back



ISBN 0 33795490 9


  © Crown copyright 2004

Prepared 28 April 2004


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