The Social Security (Miscellaneous Amendments No. 3) Regulations 2017

Amendment of the Social Security Contributions (Intermediaries) (Northern Ireland) Regulations 2000

3.—(1) The Social Security Contributions (Intermediaries) (Northern Ireland) Regulations 2000(1) are amended as follows.

(2) For Regulation 3A (meaning of public authority) substitute—

“Meaning of public authority

3A.— (1) In these Regulations “public authority” means—

(a) a public authority as defined by the Freedom of Information Act 2000(2),

(b) a Scottish public authority as defined by the Freedom of Information (Scotland) Act 2002(3),

(c) the Corporate Officer of the House of Commons,

(d) the Corporate Officer of the House of Lords,

(e) the National Assembly for Wales Commission, or

(f) the Northern Ireland Assembly Commission.

(2) An authority within paragraph (1)(a) or (b) is a public authority for the purposes of these Regulations in relation to all its activities even if provisions of the Act mentioned in that paragraph do not apply to all information held by the authority.

(3) Paragraph (1) is subject to paragraph (4).

(4) A primary-healthcare provider is a public authority for the purposes of these Regulations only if the primary-healthcare provider—

(a) has a registered patient list for the purposes of relevant medical-services regulations,

(b) is within paragraph 43A in Part 3 of Schedule 1 to the Freedom of Information Act 2000(4) (providers of primary healthcare services in England and Wales) by reason of being a person providing primary dental services,

(c) is within paragraph 51(5) in that Part of that Schedule (providers of healthcare services in Northern Ireland) by reason of being a person providing general dental services, or

(d) is within paragraph 33 in Part 4 of Schedule 1 to the Freedom of Information (Scotland) Act 2002(6) (providers of healthcare services in Scotland) by reason of being a person providing general dental services.

(5) In paragraph (4)—

“primary-healthcare provider” means an authority that is within paragraph (1)(a) or (b) only because it is within a relevant paragraph,

“relevant paragraph” means—

(a)

any of paragraphs 43A to 45A(7) and 51 in Part 3 of Schedule 1 to the Freedom of Information Act 2000, or

(b)

any of paragraphs 33 to 35 in Part 4 of Schedule 1 to the Freedom of Information (Scotland) Act 2002, and

“relevant medical-services regulations” means any of the following—

(a)

the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 2004(8),

(b)

the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Wales) Regulations 2004(9),

(c)

the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Scotland) Regulations 2004(10), and

(d)

the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations (Northern Ireland) 2004(11).”.

(1)

S.I. 2000/728. This instrument was amended by S.I. 2017/373; there are other amending instruments but none is relevant.

(2)

2000 c. 36.

(3)

2002 asp. 13.

(4)

2000 c. 36. Paragraph 43A was inserted by the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) and amended by the Health Act 2006 (c. 28) and the National Health Service (Consequential Provisions) Act 2006 (c. 43).

(5)

Paragraph 51 was amended by the Primary Medical Services (Northern Ireland) Order 2004 (S.I 2004/311) and the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1).

(6)

Paragraph 33 was amended by the Primary Medical Services (Scotland) Act 2004 (asp. 1). Paragraph 34 was amended by the Primary Medical Services (Scotland) Act 2004 (asp. 1).

(7)

Paragraph 44 was amended by the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) and the National Health Service (Consequential Provisions) Act 2006 (c. 43). Paragraph 45 was repealed by the Health and Social Care (Community Health and Standards) Act 2003. Paragraph 45A was inserted by the Health and Social Care Act 2001 (c. 15) and amended by the National Health Service (Consequential Provisions) Act 2006 (c. 43).

(8)

S.I. 2004/906. Regulations 2(1), 2(2)(a) and 2A were amended by S.I 2013/363, 2015/1862 and 2015/1879.

(9)

S.I. 2004/1017.

(10)

S.S.I. 2004/162.

(11)

S.R. (N.I) 2004 No. 477. Regulation 2(1) and Schedule 1 were amended by the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c.1).