Health and Personal Social Services (Northern Ireland) Order 1972

Changes over time for: The Tribunal: general provisions

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Health and Personal Social Services (Northern Ireland) Order 1972, The Tribunal: general provisions is up to date with all changes known to be in force on or before 04 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Schedule 11 Part I Chapter 1:

Instrument amended by 1995 c. 51 s.4 Sch. para.30

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

art. 56(4C)(4D) substituted by S.I. 2002/3135 Sch. 1 para. 16 (This amendment has not been applied as it has been superceded by the substitution of art. 56 by 2004/311 NI 2 art. 3)
art. 61-61E and art. 61F and cross-heading substituted for art. 61 by 2008 c. 2 (N.I.) s. 2(2) (This amending provision is itself amended (13.6.2016) before it comes into force by 2016 c. 26 (N.I.), ss. 9, 20(2))
art. 98(3) added by 2008 c. 2 (N.I.) s. 4(1)
art. 107(1A) inserted by 2008 c. 2 (N.I.) s. 4(4)(b)

[F1The Tribunal: general provisionsN.I.

F12001 c. 3 (NI)

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) Subject to the provisions of this paragraph, if the Tribunal receives from [F3the Department] representations that a person who has applied to be included in any list, or who is included in any list, meets any of the conditions for disqualification which may apply in that person's case, the Tribunal must 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 F4. . . 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.

[F5(6) The first condition for disqualification is that—

(a)in relation to a list referred to in sub-paragraph (8)(a) or (c), the 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 list perform; or

(b)in relation to a list referred to in sub-paragraph (8)(d) or (e), the continued inclusion of the person concerned in the list would be prejudicial to the efficiency of the services which those included in the list undertake to provide.]

(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) [F7Subject to sub-paragraph (7B), ] 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.]

[F8(7B) The third condition for disqualification only applies to cases where a person is included in, or has applied to be included in, a list referred to in paragraph (8)(a) or (c).]

(8) A “list” means—

[F9(a)][F9a list of health care professionals of a prescribed description performing primary medical services;]

(b)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(c)a list of health care professionals of a prescribed description F12... performing primary dental services;

[F13(d)a list of medical practitioners and ophthalmic opticians undertaking to provide general ophthalmic services;] or

[F14(e)a list of persons undertaking to provide pharmaceutical services;]]

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

[F9(8A) In [F15sub-paragraph (8)] , “health care professional” has the same meaning as in Article 15C.]

(9) “Health scheme” means—

(a)any of the [F16health 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; F17. . . cases in which representations are made that the second condition for disqualification is met are referred to as fraud cases [F18; and cases in which representations are made that the third condition for disqualification is met are referred to below as unsuitability cases].]

F2Sch. 11 para. 1(2) substituted (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(a), 20(2)

F3Words in Sch. 11 para. 1(2) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 53(2); S.R. 2022/102, art. 2(b)

F4Words 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

F5Sch. 11 para. 1(6) substituted (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(b), 20(2)

F6Sch. 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)

F7Words in Sch. 11 para. 1(7A) inserted (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(c), 20(2)

F8Sch. 11 para. 1(7B) inserted (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(d), 20(2)

F92004 NI 2

F10Sch. 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

F11Sch. 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)

F12Words in Sch. 11 para. 1(8)(c) repealed (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(e), 20(2), Sch. 2 Pt. 1

F13Sch. 11 para. 1(8)(d) substituted (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(f), 20(2)