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Health and Personal Social Services (Northern Ireland) Order 1972

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Changes over time for: The Tribunal: supplementary

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Health and Personal Social Services (Northern Ireland) Order 1972, The Tribunal: supplementary is up to date with all changes known to be in force on or before 08 December 2019. 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. Help about Changes to Legislation

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[F1The Tribunal: supplementaryN.I.

2.(1) Where an ophthalmic optician is a body corporate, the body corporate is to be treated for the purposes of this Schedule as meeting the second condition for disqualification F2... if any director meets that condition (whether or not he first met that condition when he was a director).N.I.

F3(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where a body corporate carries on a retail pharmacy business, the body corporate is to be treated for the purposes of this Schedule as meeting the second condition for disqualification if any one of the body of persons controlling the body corporate meets that condition (whether or not he first met that condition when he was one of them).

(3) A person who is included in any list ( “the practitioner”) is to be treated for the purposes of this Schedule as meeting the second condition for disqualification if—

(a)another person, because of an act or omission of his occurring in the course of providing [F4F5... or as the case may be performing,] any services mentioned in paragraph 1(8) on the practitioner's behalf, meets that condition; and

(b)the practitioner failed to take all such steps as were reasonable to prevent acts or omissions within paragraph 1(7)(a) occurring in the course of the provision [F6, F7... or performance,] of those services on his behalf.

(4) The Tribunal is not required to inquire into a fraud case if it has previously inquired into representations in respect of the person concerned and the same acts or omissions.

(5) In [F8an unsuitability case, a fraud case or an inefficiency case], regulations may make provision (including provision modifying the effect of Part VI of this Order and this Schedule) for the purpose of securing that the person subject to the inquiry is not added to any list until proceedings in that case are finally concluded.

(6) For the purposes of this Schedule, in [F9an unsuitability,] a fraud or efficiency case proceedings are finally concluded—

(a)if the Tribunal determines not to disqualify, or conditionally disqualify, him, when it makes that determination;

(b)if it determines to disqualify, or conditionally disqualify, him and no appeal is brought against the determination, at the end of the period for bringing an appeal;

(c)if it determines to disqualify, or conditionally disqualify, him and an appeal is brought against the determination, when the appeal process is exhausted.

(7) An inquiry under paragraph 1 is not affected by the person subject to the inquiry withdrawing from, withdrawing any application to be included in or being removed from the list to which the case relates.]

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