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SCHEDULES

SCHEDULE 2AMENDMENTS

The Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14)

In Article 2(2) insert at the appropriate places—

“Article 15B arrangements” means arrangements under Article 15B;

“health services body” has the meaning given in Article 8(2A) of the 1991 Order;

“medical lists”, in relation to a Health and Social Services Board, means—

(a)

the list of medical practitioners undertaking to provide general medical services (other than maternity medical services) for persons in its area, kept by the Board under regulations under Article 56(2)(a); and

(b)

the list of medical practitioners undertaking to provide maternity medical services for persons in its area, kept by the Board under regulations under Article 56(2)(b);

“personal dental services” has the meaning given in Article 15B(6);

“personal medical services” (except in Article 56) has the meaning given in Article 15B(6);

“statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954;.

In Article 11(2) after “Part VI” insert “and every person providing, and every medical practitioner performing, personal medical services in accordance with Article 15B arrangements”.

In Article 17 after paragraph (1) insert—

(1ZA) A Health and Social Services Board shall, in accordance with regulations and directions, perform such functions in relation to Article 15B arrangements as may be prescribed.

(1ZB) Regulations under paragraph (1ZA) may, in particular—

(a)prescribe functions in relation to training;

(b)provide for appeals to the Department or a prescribed body in relation to functions prescribed by the regulations..

In Article 52(2) at the end add—

(g)the Health Services (Primary Care) (Northern Ireland) Order 1997..

In Article 56(2), omit sub-paragraphs (e) and (f).

In Article 61(2), omit sub-paragraph (c).

In Article 63(1) for the words from “and the provision of drugs” to the end substitute “and the services provided in accordance with the arrangements are, together with additional pharmaceutical services provided in accordance with a direction under Article 63A, referred to in this Order as “pharmaceutical services”.”.

In Article 64(2) after “Article 63(1)(c)” insert “, or additional pharmaceutical services provided in accordance with a direction under Article 63A.”.

In Article 68(1)(a) for the words from “persons providing” to “Part VI” substitute

persons—

(i)providing general medical services, general dental services, general ophthalmic services or pharmaceutical services, or

(ii)providing, in accordance with Article 15B arrangements, personal medical services, personal dental services or other services of a kind that may be provided under Part VI,.

In Schedule 10, renumber paragraph 1 as sub-paragraph (1) of that paragraph and at the end of that paragraph insert—

(2) Where a person has at any time provided or performed personal medical services in accordance with Article 15B arrangements, it shall be unlawful subsequently to sell the goodwill or any part of the goodwill of the medical practice of that medical practitioner..

In Schedule 11, in paragraph 5A, in sub-paragraph (2) after “sub-paragraph (1)(c)” insert “as it has effect in relation to the functions mentioned below” and after that sub-paragraph insert—

(2A) In sub-paragraph (1)(c) as it has effect in relation to functions of the Tribunal conferred by or under any statutory provision relating to the preferential treatment of medical practitioners on transferring to medical lists, the reference to the person concerned is a reference to the medical practitioner to whom the matter before the Tribunal relates..