Health and Personal Social Services (Northern Ireland) Order 1972

Changes over time for: Section 15D

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Changes to legislation:

Health and Personal Social Services (Northern Ireland) Order 1972, Section 15D is up to date with all changes known to be in force on or before 20 April 2024. 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.

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Changes and effects yet to be applied to Article 15D:

Instrument amended by 1995 c. 51 s.4 Sch. para.30
art. 15D heading words substituted by 2008 c. 2 (N.I.) s. 5(6)(a)
art. 15D(2) words repealed by 2008 c. 2 (N.I.) s. 5(6)(b) Sch. 2 Pt. 2
art. 15D(2)(b) repealed by 2008 c. 2 (N.I.) s. 5(6)(b) Sch. 2 Pt. 2
art. 15D(3)(j) repealed by 2016 c. 26 (N.I.) s. 13(4) Sch. 2 Pt. 2
art. 15D(3)(ca) words inserted by 2008 c. 2 (N.I.) s. 5(7)
art. 15D(3C) words inserted by 2008 c. 2 (N.I.) s. 5(8)
art. 15D(3E) words inserted by 2008 c. 2 (N.I.) s. 5(7)
art. 15D(6) words repealed by 2008 c. 2 (N.I.) s. 5(9)(b) Sch. 2 Pt. 2
art. 15D(6) words substituted by 2008 c. 2 (N.I.) s. 5(9)(a)

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

art. 56(4C)(4D) substituted by S.I. 2002/3135 Sch. 1 para. 16 (This amendment has not been applied as it has been superceded by the substitution of art. 56 by 2004/311 NI 2 art. 3)
art. 61-61E and art. 61F and cross-heading substituted for art. 61 by 2008 c. 2 (N.I.) s. 2(2) (This amending provision is itself amended (13.6.2016) before it comes into force by 2016 c. 26 (N.I.), ss. 9, 20(2))
art. 98(3) added by 2008 c. 2 (N.I.) s. 4(1)
art. 107(1A) inserted by 2008 c. 2 (N.I.) s. 4(4)(b)

[F1[F2Primary medical services or personal] dental services: regulationsN.I.

15D.—(1) The Department may make regulations with respect to the provision of services in accordance with Article 15B arrangements.

(2) The regulations must—

(a)include provision for participants other than [F3the Department] to withdraw from Article 15B arrangements if they wish to do so;

(b)impose conditions (including conditions as to qualifications and experience) to be satisfied byF4. . . dental practitioners performing personal dental services, in accordance with Article 15B arrangements.

In sub-paragraph (b) “practitioner” does not include a practitioner who is undergoing training of a prescribed description.

(3) The regulations may, in particular—

(a)provide that Article 15B arrangements may be made only in prescribed circumstances;

(b)provide that Article 15B arrangements may be made only in prescribed areas;

(c)provide that only prescribed services, or prescribed categories of service, may be provided in accordance with Article 15B arrangements;

[F5(ca)impose conditions (including conditions as to qualifications and experience) to be satisfied by persons performing primary medical services in accordance with Article 15B arrangements;]

(d)require details of Article 15B arrangements to be published;

(e)make provision with respect to the variation and termination of Article 15B arrangements;

sub-paras. (f) and (g) rep. by 2004 NI 2

(h)provide for parties to Article 15B arrangements to be treated, in such circumstances and to such extent as may be prescribed, as [F6health care] bodies for the purposes of Article 8 of the 1991 Order;

(i)provide for directions, as to payments, made under Article 8(8) of the 1991 Order (as it has effect as a result of regulations made by virtue of sub-paragraph (h)) to be enforceable in a county court (if the court so orders) as if they were judgments or orders of that court;

(j)authorise [F7the Department] to make[F8 with respect to the provision of personal dental services] payments of financial assistance for prescribed categories of preparatory work undertaken⿿

(i)in connection with preparing proposals for Article 15B arrangements; or

(ii)in preparation for the provision of services under proposed Article 15B arrangements.

[F9(3A) The regulations may also require payments to be made under Article 15B arrangements in accordance with [F10any scheme made] for the purpose by the Department.

(3B) A [F11scheme] under paragraph (3A) may make provision having effect from a date before the date of the [F11scheme] , provided that, having regard to the [F11scheme] as a whole, the provision is not detrimental to the persons to whose remuneration it relates.

[F12(3BA) The Department must publish a scheme under paragraph (3A) in such manner as it thinks appropriate.]

(3C) The regulations may also include provision requiring [F13the Department] , in prescribed circumstances and subject to prescribed conditions, to enter into a general medical services contract on prescribed terms with any person providing services under Article 15B arrangements who so requests.

(3D) The regulations may also include provision for the resolution of disputes as to the terms of any proposed Article 15B arrangements, and in particular may make provision—

(a)for the referral of the terms of the proposed arrangements to [F14a prescribed body] ; and

(b)for [F15that body] to determine the terms on which the arrangements may be entered into.

[F16(3DA) Regulations making provision as to the matters referred to in paragraph (3D)(a) and (b) may make provision—

(a)as to the members of the body, including the terms and conditions of their appointment;

(b)for the payment of fees and allowances to members of the body.]

(3E) The regulations shall provide for the circumstances in which a person providing primary medical services under Article 15B arrangements—

(a)shall or may accept a person as a patient to whom such services are so provided;

(b)may decline to accept a person as such a patient;

(c)may terminate his responsibility for a patient.

(3F) The regulations shall make provision as to the right of patients to choose the persons from whom they are to receive services under Article 15B arrangements.]

Para. (4) rep. by 2001 c.3 (NI)
Para. (5) rep. by 2004 NI 2

(6) Regulations which impose conditions on persons performing[F17 primary medical services] or persons performing personal dental services (whether made by virtue of paragraph (2)(b) or otherwise) may, in particular, include provision of a kind that may be made by regulations under Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1978.

Para. (7) rep. by 2004 NI 2]

F11997 NI 7

F22004 NI 2

F3Words in art. 15D(2) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 9(2); S.R. 2022/102, art. 2(b)

F42004 NI 2

F52004 NI 2

F6Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), s. 34(3), Sch. 6 para. 1(1)(b); S.R. 2009/114, art. 2

F7Words in art. 15D(3) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 9(2); S.R. 2022/102, art. 2(b)

F82004 NI 2

F92004 NI 2

F10Words in art. 15D(3A) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 9(3); S.R. 2022/102, art. 2(b)

F11Word in art. 15D(3B) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 9(4); S.R. 2022/102, art. 2(b)