- Latest available (Revised)
- Point in Time (01/01/2006)
- Original (As made)
Version Superseded: 26/03/2008
Point in time view as at 01/01/2006.
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 26 April 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
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.
(2) If the Tribunal receives from a Health and Social Services Board representations that—
(a)a person who is included in any list meets either of the conditions for disqualification; or
(b)a person who has applied to be included in any list meets the second condition 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 the representations are that the second condition for disqualification is met and 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 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.
(8) A “list” means—
[F2(a)][F2a list of health care professionals of a prescribed description performing primary medical services;]
(b)a list of medical practitioners undertaking to provide general ophthalmic services;
(c)a list of dental practitioners undertaking to provide general dental services;
(d)a list of ophthalmic opticians undertaking to provide general ophthalmic services; or
(e)a list of persons undertaking to provide pharmaceutical services,
prepared (in each case) under Part VI of this Order.
[F2(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 health services 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; and cases in which representations are made that the second condition for disqualification is met are referred to as fraud cases.
The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Order you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: