The Health and Personal Social Services (Fund-holding Practices) (Amendment) Regulations (Northern Ireland) 1999

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Health and Personal Social Services (Fund-holding Practices) (Amendment) Regulations (Northern Ireland) 1999 and shall come into operation on 1st April 1999.

(2) In these Regulations, “the principal Regulations” means the Health and Personal Social Services (Fund-holding Practices) Regulations (Northern Ireland) 1993(1).

Amendment of regulation 1 of the principal Regulations

2.—(1) Regulation 1 of the principal Regulations (citation, commencement and interpretation) is amended as follows.

(2) In paragraph (2), in the appropriate position in alphabetic order, insert—

““the 1997 Order” means the Health Services (Primary Care) (Northern Ireland) Order 1997(2);”;

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

• ““pilot scheme” has the meaning given to it in Article 3 of the 1997 Order;”; and

““pilot scheme provider” means a person, other than a Health and Social Services Board, who is a party to a pilot scheme.”.

(3) In paragraph (4), after “medical list” insert “in which he is included or (in the case of a medical practitioner who is not included in a medical list but who performs personal medical services under a pilot scheme) to the address of the pilot scheme provider given in the pilot scheme”.

Amendment of regulation 8 of the principal Regulations

3.  In regulation 8(3) of the principal Regulations (withdrawal or death of a member of a fund-holding practice), in paragraph (5)(a), after the words “Health and Social Services Board” insert “or to perform personal medical services under a pilot scheme to which the Health and Social Services Board is a party,”.

Amendment of regulation 16 of the principal Regulations

4.—(1) Regulation 16 of the principal Regulations (payment for drugs, medicines and listed appliances) is amended as follows.

(2) Before paragraph (1) insert—

“(A1) This regulation does not apply to members of a standard fund-holding practice or community fund-holding practice(4) who perform personal medical services under a pilot scheme, and—

(a) the pilot scheme makes provision for the cost (however calculated) of the drugs, medicines and listed appliances supplied pursuant to orders given by or on behalf of members of the practice to be deducted from the net consideration payable under the pilot scheme to the provider, or accounted for in some other way; or

(b) under which there are to be provided services which are not personal medical services but which are services which may be provided by virtue of Article 3(3) of the 1997 Order (other than the provision of drugs, medicines or listed appliances for immediate treatment or by way of personal administration or application).”.

Amendment of regulation 19 of the principal Regulations

5.  For regulation 19(A1)(5) of the principal Regulations (payments to staff) substitute—

“(A1) This regulation does not apply to—

(a) the members of a GP commissioning group; or

(b) the members of a standard fund-holding practice or community fund-holding practice who perform personal medical services under a pilot scheme which makes provision for the cost (however calculated) of payments to staff to be included in the consideration payable under the pilot scheme to the provider.”.

Amendment of Schedule 1 to the principal Regulations

6.  In Schedule 1 to the principal Regulations (conditions for obtaining recognition), after paragraph 6(6) add—

“7.   In the case of members of a practice who provide or perform personal medical services under a pilot scheme—

(a) none of them is employed by another person in accordance with the requirements of Article 17(1)(7) of the Order; and

(b) in connection with the pilot scheme each member of the practice has a list of patients and the members together do not have a single list of patients; and

(c) the pilot scheme does not provide for a person to receive under the pilot scheme any of the goods or services specified, in the case of standard fund-holding practices in Part I, and in the case of community fund-holding practices in Part II, of the list approved from time to time by the Department for the purposes of regulation 17.”.

Amendment of Schedule 2 to the principal Regulations

7.  In Schedule 2 of the principal Regulations (conditions for continuing recognition), after paragraph 13(8) add—

“14.   In the case of members of a practice who provide or perform personal medical services under a pilot scheme—

(a) none of them is employed by another person in accordance with the requirements of Article 17(1) of the Order; and

(b) in connection with the pilot scheme each member of the practice has a list of patients and the members together do not have a single list of patients; and

(c) the pilot scheme does not provide for a person to receive under the pilot scheme any of the goods or services specified, in the case of standard fund-holding practices in Part I, and in the case of community fund-holding practices in Part II, of the list approved from time to time by the Department for the purposes of regulation 17.”.

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

L.S.

J. Dixon

Assistant Secretary

16th February 1999.