Search Legislation

The Health Services (Primary Care) (Northern Ireland) Order 1997

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Health Services (Primary Care) (Northern Ireland) Order 1997. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Commencement Orders yet to be applied to the The Health Services (Primary Care) (Northern Ireland) Order 1997

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Order into force:

N.I.

Cases where preference is givenN.I.

1.  (1)  This Schedule applies if the Department determines under Article 14 that a medical practitioner is to be given preferential treatment on making an application for his name to be included in a medical list of a board after ceasing to perform personal medical services in connection with the provision of such services under a pilot scheme and the conditions mentioned in sub-paragraph (2) are satisfied.N.I.

(2) The conditions are that—

(a)the practitioner has made an application in the prescribed manner to the board concerned for his name to be included in a medical list of the board ( “the relevant list”); and

(b)his name has not been included in that list since he ceased to perform the services under the scheme.

The preferential treatmentN.I.

2.  (1)  The board must include the applicant's name in the relevant list unless—N.I.

(a)the applicant is not eligible for inclusion in that list by virtue of a direction under paragraph 4;

(b)he is otherwise not eligible for inclusion in that list; or

(c)the question of whether to give a direction under paragraph 4 is not resolved.

(2) Regulations may make provision as to conditions to be attached to the applicant's entry in the relevant list in such cases.

Representations against preferential treatmentN.I.

3.  (1)  The Tribunal must inquire into any representations by the board that the inclusion of the applicant's name in the relevant list would be prejudicial to the efficiency of the general medical services provided in its area.N.I.

(2) The Tribunal may inquire into any similar representations by any other person.

(3) Where any representations of a kind mentioned in sub-paragraph (1) or (2) are made to the Tribunal and the applicant withdraws his application without the consent of the Department, the Tribunal may proceed to inquire into any of the representations, and exercise the powers in relation to disqualification conferred on it by this Schedule, as if the application had not been withdrawn.

(4) The representations must be made in the prescribed manner and before the end of such period as may be prescribed.

(5) Regulations may make provision for the publication of information about—

(a)applications to which this Schedule relates; and

(b)the right to make representations about such applications.

Power of Tribunal to give directionsN.I.

4.  (1)  If the Tribunal considers that the inclusion of the applicant's name in the relevant list would be prejudicial to the efficiency of the general medical services provided in the board's area, it—N.I.

(a)must direct that the applicant's name is not to be included in that list; and

(b)may, if it thinks fit, direct that his name is not to be included—

(i)in any other medical list; or

(ii)in any other specified medical list or lists.

(2) If the Tribunal gives a direction under sub-paragraph (1)(b)(i) it may also, if it thinks fit, declare that the applicant is not fit to be engaged in any capacity in the provision of general medical services.

(3) A direction by the Tribunal under this paragraph is binding on the board or boards concerned as from the time when the direction is given.

Termination of directionsN.I.

5.  (1)  A person's name may not be included (whether by virtue of paragraph 2 or otherwise) in any medical list to which a direction under paragraph 4 relates before the Tribunal gives a direction to the contrary under this paragraph.N.I.

(2) For the purpose of deciding whether or not to give a direction under this paragraph, the Tribunal may hold an inquiry.

Directions in Great BritainN.I.

6.  A person's name may not be included in any medical list (whether by virtue of paragraph 2 or otherwise) if he is prevented under provisions in Great Britain which correspond to this Schedule from being included in all corresponding lists there.N.I.

RegulationsN.I.

7.  (1)  Regulations must provide—N.I.

(a)for inquiries under this Schedule to be held in accordance with such procedure as may be prescribed by or determined under the regulations;

(b)for conferring on the Tribunal such powers as the Department considers necessary; and

(c)for the publication of decisions of the Tribunal under the regulations and of the imposition and removal of any disqualifications imposed under paragraph 6.

(2) The regulations must, in particular—

(a)provide for any person who is the subject of an inquiry to have an opportunity—

(i)of appearing, either in person or by counsel or solicitor or such other representative as may be prescribed, before the Tribunal; and

(ii)of being heard by the Tribunal and of calling witnesses and producing other evidence on his behalf; and

(b)provide for the hearing to be in public if the person who is the subject of the inquiry so requests.

InterpretationN.I.

8.  For the purposes of this Schedule the question of whether to give a direction under paragraph 4 is resolved if—N.I.

(a)the period for making representations under paragraph 3 has ended without the Tribunal receiving any such representations;

(b)such representations have been received but the Tribunal has decided—

(i)not to inquire into them; or

(ii)not to give a direction under paragraph 4; or

(c)a direction has been given by the Tribunal.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources