The Health and Medicines (Northern Ireland) Order 1988

Arrangements for provision of general medical services, general dental services, general ophthalmic services and pharmaceutical services N.I.

10.—(1) Without prejudice to the generality of ArticlesF1 . . . , 61, 62 or 63 of the principal Order, the powers to make regulations conferred by each of those Articles include power—

(a) to make provision as to the investigation (following a complaint or otherwise) of any matter relating to services under the Article in question;

(b) to specify—

(i) who is to conduct an investigation;

(ii) whether an inquiry may be held in connection with an investigation;

(iii) rights of appeal following a decision or recommendation on an investigation;

(iv) who is to conduct an appeal; and

(v) the procedure to be followed on any investigation, inquiry or appeal;

(c) to direct that in prescribed circumstances one or more of the sanctions specified in paragraph (2) shall be available;1973 No. 416

(d) to make provision for any purposes (whether or not falling within sub‐paragraph ( a ), ( b ) or ( c )) that appear to the Department to correspond to the purposes of any provision contained in the Health and Personal Social Services (Services Committee) Regulations (Northern Ireland) 1973F2 .

(2) The sanctions mentioned in paragraph (1)( c ) are—

(a) in the case of any person—

(i) recovery of an amount by deduction from his remuneration or otherwise; and

(ii) a warning that he should comply more closely with his obligations under arrangements made in accordance with the relevant regulations; and

(b) in the case of a dental practitioner, a restriction on his carrying out treatment or a description of treatment without first obtaining from a body prescribed by the regulations approval of an estimate in relation to it.

(3) Regulations made—

(a) before the making of this Order; or

(b) after it but before the coming into operation of this Article,

shall be deemed to be validly made if they could have been validly made had this Article been in operation.

[F3 (4) This Article applies also in relation to additional pharmaceutical services provided in accordance with [F4 arrangements made] under Article 63A of the principal order.]

F1 2004 NI 2

F2 S.R. & O. (NI) 1973/416

F3 1997 NI 7

F4 Words in art. 10(4) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 125; S.R. 2022/102, art. 2(b)