The Health and Personal Social Services Act (Northern Ireland) 2001 (Fund-holding Practices) (Transfer of Assets, Rights and Liabilities and Transitional Provisions) Order (Northern Ireland) 2002

Part I General

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Health and Personal Social Services Act (Northern Ireland) 2001 (Fund-holding Practices) (Transfer of Assets, Rights and Liabilities and Transitional Provisions) Order (Northern Ireland) 2002 and shall come into operation on 1st April 2002.

(2) In this Order—

“the 1972 Order” means the Health and Personal Social Services (Northern Ireland) Order 1972(1);

“the 1991 Order” means the Health and Personal Social Services (Northern Ireland) Order 1991(2);

“the 1993 Regulations” means the Health and Personal Social Services (Fund-holding Practices) Regulations (Northern Ireland) 1993(3) as in operation before the coming into operation of this Order;

“allotted sum” has the same meaning as in Article 18(1) of the 1991 Order as then in operation;

“final balance” shall be construed in accordance with Article 7;

“former members of a fund-holding practice” means the medical practitioners who—

(a)

were members of a fund-holding practice and who—

(i)

renounced recognition as a fund-holding practice in accordance with regulation 9 of the 1993 Regulations, or

(ii)

withdrew from a fund-holding practice in circumstances other than death or retirement in accordance with regulation 8(4) of the 1993 Regulations;

(b)

were members of a recognised fund-holding practice on 1st April 2001;

“fund-holding account” means a bank account (including any account with a building society incorporated under the Buildings Societies Act 1986(5)) maintained by the former members of a fund-holding practice for the purpose of receiving an allotted sum or any part of it;

“fund-holding practice” means a fund-holding practice recognised under Article 17 of the 1991 Order as then in operation;

“fund-holding provisions” means Articles 17 to 20 of the 1991 Order as then in operation;

“list size” means the number of individuals on the list of patients of a medical practitioner who provides general medical services in accordance with arrangements under Article 56 of the 1972 Order(6);

“notice” means notice in writing;

“savings” shall be construed in accordance with regulation 21(1) and (2) of the 1993 Regulations(7);

“transferred assets” shall be construed in accordance with Article 2; and

“written consent” means written consent by the Health and Social Services Board to the application of part of the allotted sum for a specific purpose in accordance with regulation 21(2) and (3) of the 1993 Regulations as the applicable regulation had effect on the date the consent was given.

(3) In this Order, any reference to a Health and Social Services Board is a reference to the relevant Health and Social Services Board, construed in accordance with Article 18(7) of the 1991 Order as then in operation.

(4) In this Order any reference to the rights and liabilities of the former members of a fund-holding practice is a reference to rights acquired and liabilities incurred in connection with the application of an allotted sum.

(1)

S.I. 1972/1265 (N.I. 14)

(2)

S.I. 1991/194 (N.I. 1)

(3)

S.R. 1993 No. 142, amended by S.R. 1996 No. 131; S.R. 1997 No. 184; S.R. 1998 No. 323 and S.R. 1999 No. 60

(4)

Regulation 8 was substituted by regulation 4 of S.R. 1996 No. 131 and amended by S.R. 1997 No. 184; S.R. 1998 No. 323 and S.R. 1999 No. 60

(5)

1986 c. 53

(6)

Article 56 was amended by S.I. 1978/1907 (N.I. 26); S.I. 1981/432; S.I. 1986/2229 (N.I. 24); S.I. 1988/2249 (N.I. 24); S.I. 1991/194 (N.I. 1) and S.I. 1997/1177(N.I. 7)

(7)

Regulation 21 was substituted by regulation 14 of S.R. 1998 No. 323