Health and Personal Social Services (Northern Ireland) Order 1972

[F1 1.— (1) There shall continue to be a tribunal ( “the Tribunal”) constituted in accordance with Part II for the purposes set out in this Part. N.I.

[F2 (2) If the Tribunal receives from a Health and Social Services Board representations that a person—

(a) who has applied to be included; or

(b) who is included,

in any list meets any of the conditions for disqualification, the Tribunal shall inquire into the case.]

(3) If the Tribunal receives such representations from any other person, it may inquire into the case.

(4) Representations under this paragraph shall be made—

(a) in the prescribed manner; and

(b) where F3 . . . regulations prescribe the time within which such representations are to be made, within that time.

(5) Sub-paragraphs (6) to (11) apply for the purposes of this Schedule.

(6) The first condition for disqualification is that the [F4 inclusion or continued] inclusion of the person concerned in the list would be prejudicial to the efficiency of the services which those included in the [F5 list—

(a) in relation to a list referred to in paragraph (8)(a), (cc) or (e), perform;

(b) in relation to a list referred to in paragraph (8)(c) or (d), undertake to provide or are approved to assist in providing;]

(7) The second condition for disqualification is that the person concerned—

(a) has (whether on his own or together with another) by an act or omission caused, or risked causing, detriment to any health scheme by securing or trying to secure for himself or another any financial or other benefit; and

(b) knew that he or (as the case may be) the other was not entitled to the benefit.

[F6 (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.]

(8) A “list” means—

[F7 (a)] [F7 a list of health care professionals of a prescribed description performing primary medical services;]

(b) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9 (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; or

(e) a list of registered pharmacists undertaking to provide pharmaceutical services,]

prepared (in each case) under Part VI of this Order.

[F7 (8A) In sub-paragraph (8)(a), “health care professional” has the same meaning as in Article 15C.]

(9) “Health scheme” means—

(a) any of the [F10 health care] under Article 4(a) or any corresponding statutory provision extending to Scotland or England and Wales; and

(b) any prescribed scheme,

and regulations may prescribe any scheme for the purposes of this sub-paragraph which appears to the Department to be a health or medical scheme paid for out of public funds.

(10) Detriment to a health scheme includes detriment to any patient of, or person working in, that scheme or any person liable to pay charges for services provided under that scheme.

(11) Cases in which representations are made that the first condition for disqualification is met are referred to as efficiency cases; F11 . . . cases in which representations are made that the second condition for disqualification is met are referred to as fraud cases [F12 ; and cases in which representations are made that the third condition for disqualification is met are referred to below as unsuitability cases].]

F1 2001 c. 3 (NI)

F2 Sch. 11 para. 1(2) substituted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 1(2)

F3 Words in Sch. 11 para. 1(4)(b) repealed (26.3.2008) by virtue of Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 17, 18(1), Sch. 1 para. 1(3), Sch. 2 Pt. 1

F4 Word in Sch. 11 para. 1(6) substituted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 1(4)(a)

F5 Words in Sch. 11 para. 1(6) substituted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 1(4)(b)

F6 Sch. 11 para. 1(7A) inserted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 1(5)

F7 2004 NI 2

F8 Sch. 11 para. 1(8)(b) repealed (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 17, 18(1), Sch. 1 para. 1(6)(a), Sch. 2 Pt. 1

F9 Sch. 11 para. 1(8)(c)-(e) substituted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 1(6)(b)

F10 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), s. 34(3), Sch. 6 para. 1(1)(b); S.R. 2009/114, art. 2

F11 Word in Sch. 11 para. 1(11) repealed (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 17, 18(1), Sch. 1 para. 1(7)(a), Sch. 2 Pt. 1

F12 Words in Sch. 11 para. 1(11) inserted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 1(7)(b)