The Health Services (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations (Northern Ireland) 1999

Made: 8th March 1999

Coming into operation: 1st April 1999

The Department of Health and Social Services, in exercise of the powers conferred on it by the provisions set out in the Schedule to these Regulations, and of all other powers enabling it in that behalf, and with the approval of the Department of Finance and Personnel[^f00001] in so far as the Regulations relate to Schedule 15 to the Health and Personal Social Services (Northern Ireland) Order 1972[^f00002], and in conjunction with the Department of Finance and Personnel in so far as the Regulations relate to Article 61 of that Order, and after consultation in accordance with Articles 56(5), 61(4), 62(3) and 63(3) of the Health and Personal Social Services (Northern Ireland) Order 1972 with such organisations as appear to the Department of Health and Social Services to be representative of the medical, dental, ophthalmic and pharmaceutical professions, hereby makes the following Regulations:

PART I — GENERAL

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Health Services (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations (Northern Ireland) 1999 and shall come into operation on 1st April 1999.

• (2) In Part II of these Regulations—

• “the 1997 Order” means the Health Services (Primary Care) (Northern Ireland) Order 1997;

• ...

PART II — MISCELLANEOUS PROVISIONS

Pilot patients for whom boards must make arrangements for the provision of general medical services

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Persons who may perform personal medical services

3

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PART III — CONSEQUENTIAL AMENDMENTS

Amendment of the General Medical Services Regulations (Northern Ireland) 1997

4

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Amendment of the Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993

5

• (1) The Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993[^f00010] shall be amended in accordance with the following provisions of this regulation.

• (2) In regulation 2 (interpretation), at the appropriate place in alphabetical order, insert—

• “the 1997 Order” means the Health Services (Primary Care) (Northern Ireland) Order 1997;

• “personal dental services” has the meaning assigned to it in Article 3(7) of the 1997 Order;

• “pilot dentist” means a dentist who performs personal dental services in connection with a pilot scheme;

• “pilot scheme” has the meaning assigned to it in Article 3(1) of the 1997 Order;

• “pilot scheme agreement” means an agreement which constitutes, or is one of the agreements which together constitute, a pilot scheme;

• (3) In regulation 5A (applications for vocational training numbers)[^f00011], in paragraph (4)(d), after “Crown” insert “, or has performed personal dental services in connection with a pilot scheme,”.

• (4) In regulation 8 (removal from a dental list), in paragraph (5)—

• (a) omit “or” at the end of sub-paragraph (c)[^f00012]; and

• (b) at the end of sub-paragraph (d), after “sickness”, add—

; or (e) the dentist was performing personal dental services in connection with a pilot scheme

• (5) In regulation 20 (approval of payments), after paragraph (7) add—

(8) Where the Agency has made a payment to a pilot scheme provider for providing personal dental services to a patient, it shall not make any payment under these Regulations in relation to the same patient to the same pilot scheme provider, or to any dentist performing personal dental services in connection with that pilot scheme, unless the patient has been referred under these Regulations for treatment by way of personal dental services under that pilot scheme.

• (6) In Schedule 2 (terms of service for dentists)—

• (a) in paragraph 7 (repair or replacement of restorations), in sub-paragraph (1), after “transferred,” insert “has provided by way of personal dental services in connection with a pilot scheme or”;

• (b) in paragraph 11—

• (i) in sub-paragraph (1), for “sub-paragraph (4)” substitute “sub-paragraphs (4) and (7)”,

• (ii) in sub-paragraph (4), for “Subject to paragraph 11A” substitute “Subject to sub-paragraph (7) and paragraph 11A”, and

• (iii) after sub-paragraph (6), insert—

(7) Where— (a) under Article 7 of the 1997 Order the Department has approved a proposal for a pilot scheme under which personal dental services are to be provided, or such a proposal has been subsequently varied with the agreement of the Department or, as the case may be, in a manner authorised by directions given by the Department under Article 8 of the 1997 Order[^f00013]; and (b) under the proposal (or the varied proposal) a dentist named in it as a performer of personal dental services would treat a patient under the pilot scheme and not under a continuing care arrangement or a capitation arrangement, the dentist shall give to him such notice of the termination of the arrangement as is required under the pilot scheme.

• (c) in each of paragraph 12 (referral to another dentist or to a hospital or other service) and paragraph 18 (referral for occasional treatment), in sub-paragraph (1), after “general dental services” insert “or personal dental services”; and

• (d) in paragraph 14 (inability of dentist to complete care and treatment), after “control,” insert “or to his taking up the performance of personal dental services in connection with a pilot scheme”.

Amendment of the Charges for Drugs and Appliances Regulations (Northern Ireland) 1997

6

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Amendment of the Pharmaceutical Services Regulations (Northern Ireland) 1997

7

In the Pharmaceutical Services Regulations (Northern Ireland) 1997[^f00015], after regulation 2(1) (interpretation), insert—

(1A) In these Regulations, the expression “pharmaceutical services” includes the provision to persons who are in a Board’s area of listed drugs and medicines which are ordered for those persons by a medical or dental practitioner in pursuance by him of the performance of personal medical or personal dental services within the meaning of Article 3(7) of the Health Services (Primary Care) (Northern Ireland) Order 1997.

Amendment of the General Ophthalmic Services Regulations (Northern Ireland) 1986

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Amendment of the Social Security (Medical Evidence) Regulations (Northern Ireland) 1976

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Amendment of the Statutory Sick Pay (Medical Evidence) Regulations (Northern Ireland) 1985

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Amendment of the Children’s Homes Regulations (Northern Ireland) 1996

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Amendment of the Children (Private Arrangements for Fostering) Regulations (Northern Ireland) 1996

12

In the Children (Private Arrangements for Fostering) Regulations (Northern Ireland) 1996[^f00022], in regulation 2(2)(f) (general welfare of children), at the end, insert “, or the list of a doctor performing personal medical services in connection with a pilot scheme under the Health Services (Primary Care) (Northern Ireland) Order 1997 (or a list held jointly by two or more such doctors in connection with a pilot scheme under that Order)”.

Amendment of the Health and Social Services Trusts (Membership and Procedure) Regulations (Northern Ireland) 1994

13

The Health and Social Services Trusts (Membership and Procedure) Regulations (Northern Ireland) 1994[^f00023], shall be amended as follows—

• (a) in regulation 1(2) (interpretation), at the appropriate place in alphabetical order, insert—

• “the 1997 Order” means the Health Services (Primary Care) (Northern Ireland) Order 1997;

• “pilot scheme” has the meaning assigned to it in Article 3(1) of the 1997 Order;

• “pilot scheme agreement” means an agreement which constitutes, or is one of the agreements which together constitute, a pilot scheme;

• “pilot scheme provider” means a person, other than a Health and Social Services Board, who is a party to a pilot scheme agreement under the 1997 Order;

• “pilot scheme performer” means a person, who may also be a pilot scheme provider, who performs personal medical services or personal dental services under a pilot scheme;

• “pilot scheme employee” means an individual who, in connection with the provision of personal medical services or personal dental services under a pilot scheme, is employed by a person providing those services;

; and

• (b) in regulation 11(1) (disqualification for appointment as chairman and non-executive directors),—

• (i) for sub-paragraph (f) substitute—

(f) he is a— (i) general medical practitioner or general dental practitioner or an employee of either of those, or (ii) pilot scheme provider, pilot scheme performer or pilot scheme employee;

; and

• (ii) after sub-paragraph (h), insert—

(i) he has applied for his name to be included in a list of a Health and Social Services Board, and a direction that his name should not be included in the relevant list has been given by the Tribunal under paragraph 4 of Schedule 1 to the Health Services (Primary Care) (Northern Ireland) Order 1997, and such disqualification has not been removed following an application to the Tribunal under regulation 12 of the Tribunal Regulations (Northern Ireland) 1995[^f00024].

Amendment of the Health and Social Services Councils Regulations (Northern Ireland) 1991

14

The Health and Social Services Councils Regulations (Northern Ireland) 1991[^f00025] shall be amended as follows—

• (a) in regulation 1(2) (interpretation), at the appropriate place in alphabetical order, insert—

• “pilot scheme” has the meaning assigned to it in Article 3(1) of the Health Services (Primary Care) (Northern Ireland) Order 1997;

• “pilot scheme agreement” means an agreement which constitutes, or is one of the agreements which together constitute, a pilot scheme;

• “pilot scheme provider” means a person, other than a Health and Social Services Board, who is a party to a pilot scheme agreement under the Health Services (Primary Care) (Northern Ireland) Order 1997;

• “pilot scheme performer” means a person, who may also be a pilot scheme provider, who performs personal medical services or personal dental services under a pilot scheme;

; and

• (b) in regulation 7(1) (disqualification for membership), after sub-paragraph (e), insert—

(ee) he is a pilot scheme provider or pilot scheme performer in a pilot scheme under the Health Services (Primary Care) (Northern Ireland) Order 1997;

Amendment of the Health Services (Choice of Medical Practitioner) Regulations (Northern Ireland) 1998

15

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SCHEDULE — Provisions conferring powers used in the making of these Regulations

The Health and Personal Social Services (Northern Ireland) Order 1972

• Article 15E(1) and (2)

• Article 55(3)

• Article 56(1), (2), (3), (3A), (4), (4B) and (5) and Article 61

• Article 63(1) and (2)

• Article 64(1)

• Article 95

• Article 98

• Article 106(b)

• Article 107(6)

• Schedule 3, paragraph 7

• Schedule 15

The Health and Personal Social Services (Northern Ireland) Order 1991

• Article 10(6)

• Schedule 1, paragraphs 2 and 3

The Social Security Administration Act (Northern Ireland) 1992

• Section 12(2)

• Section 57

• Paragraph 4 of Schedule 3

The Children (Northern Ireland) Order 1995

• Article 73(2)(d)

• Article 89(2)(g)

• Article 105(2)(g)

• Article 108(2)(b)

The Health Services (Primary Care) (Northern Ireland) Order 1997

• Article 3(5)(a)

• Article 12(2)(a)

• Paragraphs 1 and 2 of Schedule 1

Signed

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

D. A. Baker — Assistant Secretary — 8th March 1999.

Sealed with the Official Seal of the Department of Finance and Personnel in so far as the foregoing regulations relate to Article 61 of the Health and Personal Social Services (Northern Ireland) Order 1972 on

J. G. Sullivan — Assistant Secretary — 8th March 1999.

The Department of Finance and Personnel hereby approves the foregoing regulations in so far as they relate to Schedule 15 to the Health and Personal Social Services (Northern Ireland) Order 1972.Sealed with the Official Seal of the Department of Finance and Personnel on

J. G. Sullivan — Assistant Secretary — 8th March 1999.

Explanatory note

(This note is not part of the Regulations.)

These Regulations contain miscellaneous provisions and provisions consequential on the coming into operation, on 1st April 1999, of those provisions of the Health Services (Primary Care) (Northern Ireland) Order 1997 (“the 1997 Order”) relating to pilot schemes.

Part I of the Regulations is general.

Part II contains miscellaneous provisions. Regulation 2 specifies the circumstances in which a Health and Social Services Board must make arrangements for the provision of general medical services (under Article 56 of the Health and Personal Social Services (Northern Ireland) Order 1972) for a person who is provided with personal medical services under a pilot scheme under the 1997 Order. Such arrangements must be made where the personal medical services which are provided to the person in question are limited to contraceptive services and maternity medical services and, in certain circumstances, where that person is being treated as a temporary resident. Regulation 3 prescribes the categories of persons who may perform personal medical services in connection with a pilot scheme (in addition to persons who are otherwise able to perform such services under Article 12 of the 1997 Order). The categories are doctors who are in the course of undertaking part only of the experience prescribed byregulations relating to the vocational training of general medical practitioners and doctors whose experience has been certified as equivalent to the experience so prescribed.

Part III contains amendments consequential upon the coming into operation of those provisions of the 1997 Order relating to pilot schemes, and regulations thereunder.

Regulation 4 contains consequential and minor amendments to the General Medical Services Regulations (Northern Ireland) 1997, required principally as a consequence of the coming into operation of the Health Services (Choice of Medical Practitioner) Regulations (Northern Ireland) 1998 and the Health Services (Pilot Schemes: Part VI Practitioners) Regulations (Northern Ireland) 1998.

Regulation 5 contains consequential and minor amendments to the Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993, and regulations 6 to 14 make consequential or minor amendments to a range of subordinate legislation relating to the health and personal social services, social security and children. Regulation 15 makes a minor amendment to the Health Services (Choice of Medical Practitioner) Regulations (Northern Ireland) 1998 to clarify that a decision on exemption from liability to have persons assigned is taken under regulation 4(8) of those regulations.

The directions to Health and Social Services Boards concerning variations of pilot schemes (personal dental services), and concerning complaints, which are referred to in these regulations, can be obtained from:

Footnotes

[^f00001]: Formerly Department of Finance: see S.I. 1982/338 (N.I. 6), Article 3

[^f00002]: S.I. 1972/1265 (N.I. 14); the relevant amendments are S.I. 1984/1158 (N.I. 8), S.I. 1986/2229 (N.I. 24), S.I. 1988/594 (N.I. 2), S.I. 1988/2249 (N.I. 24), S.I. 1991/194 (N.I. 1) and S.I. 1997/1177 (N.I. 7)

[^f00010]: S.R. 1993 No. 326; as amended by S.R. 1993 No. 401, S.R. 1995 No. 488, S.Rs. 1996 Nos. 114 and 382 and S.R. 1998 No. 245