Health and Personal Social Services (Northern Ireland) Order 1972

SCHEDULES

F1 F1 SCHEDULE 1 N.I.

F1 Sch. 1 repealed (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), s. 34(3), Sch. 6 para. 3(48), Sch. 7; S.R. 2009/114, art. 2

PART I N.I. THE CONSTITUTION OF THE HEALTH AND SOCIAL SERVICES BOARDS

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PART II N.I. SUPPLEMENTARY PROVISIONS AS TO THE HEALTH AND SOCIAL SERVICES BOARDS

Acquisition, etc., of land N.I.

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Committees N.I.

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Sub-committees N.I.

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Procedure N.I.

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Disclosure of pecuniary, etc., interests and related provisions N.I.

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Officers N.I.

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The seal Execution of contracts and instruments not under seal N.I.

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N.I.

Schedule 2 rep. by 1986 NI 24

F13 F13 SCHEDULE 3 N.I.

F13 Sch. 3 repealed (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), s. 34(3), Sch. 6 para. 3(48), Sch. 7; S.R. 2009/114, art. 2

PART I N.I. THE CONSTITUTION OF THE AGENCY

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PART II N.I. SUPPLEMENTARY PROVISIONS AS TO THE AGENCY

Acquisition, etc., of land N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Committees N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sub-committees N.I.

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Procedure N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disclosure of pecuniary, etc., interests and related provisions N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Officers N.I.

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The seal N.I.

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Execution of contracts and instruments not under seal N.I.

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N.I.

Schedule 4 rep. by 1991 NI 1

N.I.

Schedule 5 rep. by 1992 NI 20

Articles 37, 38(1)(b).

SCHEDULE 6 N.I. REMOVAL TO SUITABLE PREMISES OF PERSONS IN NEED OF CARE AND ATTENTION

1.  Where an officer, being a social worker, of [F17 the responsible authority] N.I.

(a) has reason to believe that, in the interests of any such person as is mentioned in Article 37F17 . . . , or for preventing injury to the health of, or serious nuisance to, other persons, it is necessary to remove such person from the premises in which he is residing;

(b) consults with—

(i) the medical practitioner (if any) providing[F18 primary medical services] for such person under Part VI; and

(ii) a medical officer of the[F17 responsible authority designated by that authority] in that behalf; and

(c) after such consultation, obtains from such medical officer a certificate to the effect that such removal is necessary;

that officer shall certify accordingly in writing to the [F19 responsible authority and that authority may thereupon, after serving on the nearest known relative (if any) in Northern Ireland of such person three clear days' notice of its intention to do so, [F20 apply to a court of summary jurisdiction for an order under paragraph 2] .]

F17 1994 NI 2

F18 2004 NI 2

F19 1994 NI 2

F20 Words in Sch. 6 para. 1 substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 67 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

2.—(1) Subject to sub-paragraph (2), on any such application the court may, if satisfied on oral evidence of the allegations in the certificate, order the removal of the person to whom the application relates, by such officer of the [F21 responsible authority] as may be specified in the order, to a suitable hospital or other place in, or within convenient distance of, the area of that[F21 authority], and his detention and maintenance therein. N.I.

(2) The court shall not order the removal of a person to any premises unless either the person managing the premises has been heard in the proceedings or three clear days' notice has been served on him of the intended application and of the time and place at which it is proposed to be made.

F21 1994 NI 2

3.  An order under paragraph 2 may be made so as to authorise a person's detention for any period not exceeding three months, and the court may by order extend that period for such further period, not exceeding three months, as the court may determine. N.I.

4.  An order under paragraph 2 may be varied by an order of the court so as to substitute for the place referred to in that paragraph such other suitable place in, or within convenient distance of, the area of the [F22 responsible authority] as the court may determine, so however that paragraph 2(2) shall apply, with the necessary modifications, to any proceedings under this paragraph. N.I.

F22 1994 NI 2

5.  At any time after the expiration of six weeks from the making of an order under paragraph 2 or 3, an application may be made to the court by or on behalf of the person in respect of whom the order was made, and, on any such application, the court may, if in the circumstances it appears expedient to do so, revoke or vary the order. N.I.

6.  An application under this Schedule shall not be entertained by the court unless, three clear days at least before the making of the application, notice of the intended application, and of the time and place at which it is proposed to be made, has been served— N.I.

(a) where the application is for an order under paragraph 2 or 3, on the person in respect of whom the application is made;

(b) where the application is for the revocation of such an order, on the officer of the[F23 responsible authority].

F23 1994 NI 2

7.  A person in respect of whom an application is made under this Schedule, and any person on whom a notice has been served under paragraph 1, shall have the right to be heard against such application and to be represented by counsel or a solicitor. N.I.

8.  Where the premises in which a person is maintained under this Schedule are premises which are neither hospital accommodation [F24 vested in F25 ... an [F26 HSC trust]] nor premises where accommodation is provided by, or by arrangement with, [F27 an HSC trust] under Article 15 or 36, the cost of his maintenance shall be borne by the[F24 responsible authority]. N.I.

F24 1994 NI 2

F25 Words in Sch. 6 para. 8 omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 50(2)(a); S.R. 2022/102, art. 2(b)

F26 Words 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)(d); S.R. 2009/114, art. 2

F27 Words in Sch. 6 para. 8 substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 50(2)(b); S.R. 2022/102, art. 2(b)

9.  Any expenditure incurred by the [F28 responsible authority] under paragraph 8 shall be recoverable by the[F28 authority] from the person maintained or from any person who, for the purposes of this Order, is liable to maintain that person; and any expenditure incurred by virtue of this Schedule in connection with the maintenance of a person in premises where accommodation is provided under Article 15 or 36 shall be recoverable in like manner as expenditure incurred in providing such accommodation. N.I.

F28 1994 NI 2

10.  Any person who wilfully disobeys, or obstructs the execution of, an order under paragraph 2 or 3 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F29 level 1 on the standard scale]. N.I.

F29 1984 NI 3

11.  In the exercise of its functions under this Schedule [F30 the responsible authority] shall act in accordance with regulations and directions. N.I.

F30 1994 NI 2

[F31 12.   In this Schedule— N.I.

[F32 (a) “responsible authority”, in relation to any person, means the HSC trust in whose operational area the person resides;]

(b) references to the area of an [F33 HSC trust] are references to its operational area.]

F31 1994 NI 2

F32 Words in Sch. 6 para. 12 substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 50(3); S.R. 2022/102, art. 2(b)

F33 Words 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)(d); S.R. 2009/114, art. 2

Article 48(3).

SCHEDULE 7 N.I. MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 48

1.  References to the Ministry or to the council shall be construed as references to the Ministry within the meaning of this Order. N.I.

2.  References to the said Schedule 6 shall be construed as references to that Schedule as modified by this Schedule. N.I.

3.  Paragraph 1 shall be omitted. N.I.

4.  In paragraph 2— N.I.

(a) for the words from the beginning to “directs,” there shall be substituted the words “ Where the Ministry proposes to acquire land otherwise than by agreement, it shall give notice of its intention to do so and such notice ”;

(b) in sub-paragraph ( c) for the words “as may be prescribed” there shall be substituted the words “ as the Ministry considers fit ”.

5.  In paragraph 3(1)(ii) for the word “refuse” there shall be substituted the words “ decide not ”. N.I.

6.  In paragraph 4 the words from “and may provide” to the end of the paragraph shall be omitted. N.I.

7.  In paragraph 5— N.I.

(a) in sub-paragraph (1)( a) the words “in the prescribed form and manner” shall be omitted;

(b) in sub-paragraph (1)( b) the two references to the said Act of 1972 shall be construed as references to this Order;

(c) in sub-paragraph (1)( d) the words “in the prescribed form” shall be omitted;

(d) in sub-paragraph (2) for the words “as may be prescribed” there shall be substituted the words “ as the Ministry considers fit ”.

8.  In paragraph 6(2) for the words “fund out of which the expenses of the council in acquiring the land are to be defrayed” there shall be substituted the words “ Consolidated Fund ” and for the words “out of the compensation fund” there shall be substituted the words “ made by the Ministry ”. N.I.

9.  In paragraph 11(3) the words “in the prescribed form” shall be omitted. N.I.

10.  In paragraph 12— N.I.

(a) in sub-paragraph (1) the word “such” and the words “as may be prescribed” shall be omitted;

(b) in sub-paragraph (2) for the words from “clerk” to “directs” there shall be substituted the words “ Ministry as correct, and shall publish ”.

11.  In paragraph 14(1) the words “in the prescribed form” shall be omitted. N.I.

12.  In paragraph 15(1) for the words “in the prescribed form” there shall be substituted the words “ in such form as may be approved by the Ministry ”. N.I.

13.  Paragraph 19 shall be omitted. N.I.

14.  In paragraph 20, sub-paragraph (2) shall be omitted. N.I.

N.I.

Schedule 8 rep. by 2005 c. 12

Article 59.

SCHEDULE 9 N.I. PROVISION FOR MAKING LOANS TO GENERAL MEDICAL PRACTITIONERS

1.   [F34 The Department may, in accordance with paragraphs 1A to 5,] make loans to practitioners providing[F35 primary medical services] for the purpose of enabling them—

(a) to provide, or to acquire a share in, premises used or to be used, in whole or in part, for the provision of those services;

(b) to alter, enlarge, improve or repair such premises;

(c) to acquire any land required for the erection of, or in connection with the use of, such premises;

(d) to acquire any equipment or furniture needed by them in the provision of those services;

(e) to repay any loan raised by them for any such purpose.

F34 Words in Sch. 9 para. 1 substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 51(2); S.R. 2022/102, art. 2(b)

F35 2004 NI 2

[F36 1A.   Loans to practitioners providing primary medical services (GP loans”) are to be made in accordance with a scheme that is provided for in regulations made, with the approval of the Department of Finance, by the Department.] N.I.

F36 Sch. 9 para. 1A inserted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 51(3) (with Sch. 4 para. 5); S.R. 2022/102, art. 2(b)

2.   [F37 Regulations under paragraph 1A may include] provision for—

F38 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F39 (b) the guaranteeing by the Department of Finance of the payment of interest on, and the repayment of the principal of, any loan raised by the Department for the purpose of making GP loans;]

(c) securing repayment of the interest on, and the principal of, any [F40 GP loans] ;

[F41 (d) authorising the Department to hold and dispose of any land or property conveyed to it as security for a GP loan;]

(e) the defrayal of expenses incurred in making [F42 GP loans] .

F37 Words in Sch. 9 para. 2 substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 51(4)(a); S.R. 2022/102, art. 2(b)

F38 Sch. 9 para. 2(a) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 51(4)(b); S.R. 2022/102, art. 2(b)

F39 Sch. 9 para. 2(b) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 51(4)(c); S.R. 2022/102, art. 2(b)

F40 Words in Sch. 9 para. 2(c) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 51(4)(d); S.R. 2022/102, art. 2(b)

F41 Sch. 9 para. 2(d) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 51(4)(e); S.R. 2022/102, art. 2(b)

F42 Words in Sch. 9 para. 2(e) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 51(4)(f); S.R. 2022/102, art. 2(b)

[F43 3.   No regulations may be made under paragraph 1A unless a draft of the regulations has been laid before and approved by resolution of the Assembly.] N.I.

F43 Sch. 9 para. 3 substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 51(5); S.R. 2022/102, art. 2(b)

F44 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

F44 Sch. 9 para. 4 omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 51(6); S.R. 2022/102, art. 2(b)

5.   [F45 Where regulations under paragraph 1A authorise the Department of Finance] to guarantee the payment of interest on, and the repayment of the principal of, any loan proposed to be raised by [F46 the Department] —

(a) the principal of the loans which may be so guaranteed under the [F47 regulations] shall not exceed in the aggregate [F48 a sum specified in the scheme] ;

(b) there shall be charged on and issued out of the Consolidated Fund any sums required by [F49 the Department] of Finance to fulfil any guarantees given by it under [F50 the regulations] ;

(c) [F51 the Department] of Finance may borrow money for the purpose of providing for issues out of the Consolidated Fund under sub-paragraph ( b);

(d) [F52 the Department] shall make to [F53 the Department of Finance] , at such times and in such manner as [F54 the Department of Finance] may direct—

(i) payments of such amounts as [F54 the Department of Finance] may direct in or towards repayment of any sums issued out of the Consolidated Fund under sub-paragraph ( b); and

(ii) payments of interest on what is outstanding in respect of sums so issued, at such rates as [F54 the Department of Finance] may direct.

F45 Words in Sch. 9 para. 5 substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 51(7)(a); S.R. 2022/102, art. 2(b)

F46 Words in Sch. 9 para. 5 substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 51(7)(b); S.R. 2022/102, art. 2(b)

F47 Word in Sch. 9 para. 5(a) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 51(7)(c)(i); S.R. 2022/102, art. 2(b)

F48 Words in Sch. 9 para. 5(a) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 51(7)(c)(ii); S.R. 2022/102, art. 2(b)

F49 Words in Sch. 9 para. 5(b) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 51(7)(d)(i); S.R. 2022/102, art. 2(b)

F50 Words in Sch. 9 para. 5(b) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 51(7)(d)(ii); S.R. 2022/102, art. 2(b)

F51 Words in Sch. 9 para. 5(c) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 51(7)(e); S.R. 2022/102, art. 2(b)

F52 Words in Sch. 9 para. 5(d) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 51(7)(f)(i); S.R. 2022/102, art. 2(b)

F53 Words in Sch. 9 para. 5(d) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 51(7)(f)(ii); S.R. 2022/102, art. 2(b)

F54 Words in Sch. 9 para. 5(d) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 51(7)(f)(iii); S.R. 2022/102, art. 2(b)

[F55 SCHEDULE 10 N.I. PROHIBITION OF SALE OF MEDICAL PRACTICES

F55 2001 c. 3 (NI)

Sale of medical practices N.I.

N.I.

1.— (1) It is unlawful to sell the goodwill of the medical practice of a person who has at any time— N.I.

(a) provided[F56 primary medical services] under arrangements made with a Health and Social Services Board under this Order; or

(b) provided or performed personal medical services in accordance with Article 15B arrangements made with a Health and Social Services Board.[F56 (prior to the coming into operation of Article 3 of the Primary Medical Services (Northern Ireland) Order 2004)][F56 or]

[F56 (c) provided or performed primary medical services in accordance with Article 15B arrangements, arrangements under Article 56B(2)(b) or under a general medical services contract⿿

(i) in prescribed circumstances, or

(ii) if regulations so provide, in all circumstances;]

unless that person no longer provides or performs such services F57 ... F58 . . . .

(2) In this Schedule—

• “goodwill” includes any part of goodwill and, in relation to a person practising in partnership, means his share of the goodwill of the partnership practice;

• “medical practice” includes any part of a medical practice.

F56 2004 NI 2

F57 Words in Sch. 10 para. 1(1) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 52(2); S.R. 2022/102, art. 2(b)

F58 Words in Sch. 10 para. 1(1) repealed (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), s. 34(3), Sch. 6 para. 3(50)(a), Sch. 7; S.R. 2009/114, art. 2

Prohibition, and certificate of Health and Social Services Board N.I.

2.— (1) Any person who sells or buys the goodwill of a medical practice which it is unlawful to sell by virtue of paragraph 1 is guilty of an offence and liable on conviction on indictment to a fine not exceeding— N.I.

(a) such amount as will in the court's opinion secure that he derive no benefit from the offence; and

(b) the further amount of £500;

or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.

(2) Any person proposing to be a party to a transaction or series of transactions which he thinks might amount to a sale of the goodwill of a medical practice in contravention of paragraph 1 may ask [F59 the Department] for a certificate under this paragraph.

(3) The [F60 Department] shall consider any such application, and, if it is satisfied that the transaction or series of transactions does not involve the giving of valuable consideration in respect of the goodwill of such a medical practice, it shall issue to the applicant a certificate to that effect, which shall be in the prescribed form and shall set out all material circumstances disclosed to the [F60 Department] .

(4) Where any person is charged with an offence under this paragraph in respect of any transaction or series of transactions, it shall be a defence to the charge to prove that the transaction or series of transactions was certified by [F61 the Department] under sub-paragraph (3).

(5) Any document purporting to be such a certificate shall be admissible in evidence and shall be deemed to be such a certificate unless the contrary is proved.

(6) If it appears to the court that the applicant for any such certificate failed to disclose to [F62 the Department] all the material circumstances, or made any misrepresentation with respect thereto, the court may disregard the certificate, and sub-paragraph (4) shall not apply thereto.

(7) A prosecution for an offence under this paragraph shall only be instituted by or with the consent of the Director of Public Prosecutions, and [F63 the Department] shall, at the request of the Director, furnish him with a copy of any certificate issued by it under sub-paragraph (3), and with copies of any documents produced to it in connection with the application for that certificate.

F59 Words in Sch. 10 para. 2(2) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 52(3)(a); S.R. 2022/102, art. 2(b)

F60 Word in Sch. 10 para. 2(3) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 52(3)(b); S.R. 2022/102, art. 2(b)

F61 Words in Sch. 10 para. 2(4) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 52(3)(c); S.R. 2022/102, art. 2(b)

F62 Words in Sch. 10 para. 2(6) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 52(3)(c); S.R. 2022/102, art. 2(b)

F63 Words in Sch. 10 para. 2(7) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 52(3)(c); S.R. 2022/102, art. 2(b)

Certain transactions deemed sale of goodwill N.I.

3.— (1) For the purposes of paragraphs 1 and 2, a disposal of premises previously used for the purposes of a medical practice shall be deemed to be a sale of the goodwill of a medical practice if— N.I.

(a) the person disposing of the premises did so knowing that another person ( “A”) intended to use them for the purposes of A's medical practice; and

(b) the consideration for the disposal substantially exceeded the consideration that might reasonably have been expected if the premises had not previously been used for the purposes of a medical practice.

(2) If a person disposes of any premises together with any other property, the court shall, for the purposes of sub-paragraph (1), make such apportionment of the consideration as it thinks just.

(3) For the purposes of sub-paragraphs (1) and (2)—

(a) “disposal” means any sale, letting or other form of disposal (whether by a single transaction or a series of transactions); and

(b) a person who procures the disposal of any premises is to be treated as having disposed of them.

(4) Where in pursuance of any partnership agreement—

(a) any valuable consideration, other than the performance of services in the partnership business, is given by a partner or proposed partner as consideration for his being taken into partnership;

(b) any valuable consideration is given to a partner, on or in contemplation of his retirement or of his acceptance of a reduced share of the partnership profits, or to the personal representative of a partner on his death, not being a payment in respect of that partner's share in past earnings of the partnership or in any partnership assets or any other payment required to be made to him as the result of the final settlement of accounts, as between him and the other partners, in respect of past transactions of the partnership; or

(c) services are performed by any partner for a consideration substantially less than those services might reasonably have been expected to be worth having regard to the circumstances at the time when the agreement was made,

there shall be deemed for the purposes of paragraphs 1 and 2 to have been a sale of the goodwill of the practice of any partner to whom, or to whose personal representative, the consideration or any part thereof is given or, as the case may be, for whose benefit the services are performed, to the partner or each of the partners by or on whose behalf the consideration or any part thereof was given or, as the case may be, the partner who performed the services, and the said sale shall be deemed for the purposes of sub-paragraphs (1) and (2) to have been effected—

(i) in a case to which head (a) or head (b) applies, at the time when the consideration was given, or, if the consideration was not all given at the same time, at the time when the first part thereof was given; or

(ii) in a case to which head (c) applies, at the time when the agreement was made.

(5) Sub-paragraph (6) applies if a person ( “the assistant”)—

(a) performs services on behalf of a person who carries on a medical practice (or as an employee of a person employing a practitioner who carries on a medical practice);

(b) receives substantially less remuneration for performing those services than might reasonably have been expected, having regard to the circumstances at the time when the remuneration was fixed; and

(c) subsequently succeeds, whether as a result of a partnership agreement or otherwise, to that practice.

(6) For the purposes of paragraphs 1 and 2, a sale of the goodwill of the practice is to be deemed to have taken place (at the time when the remuneration was fixed), unless it is proved that the remuneration was not fixed in contemplation of the assistant's succeeding to the practice.

(7) For the purposes of paragraphs 1 and 2, the goodwill of a medical practice shall be deemed to have been sold if—

(a) a person carrying on the practice (or employing a practitioner who carries on a medical practice) agrees, for valuable consideration—

(i) to do or refrain from doing any act, for the purpose of facilitating the succession of another person to the practice; or

(ii) to allow any act to be done, for that purpose; or

(b) a person—

(i) gives valuable consideration to a person carrying on the practice (or employing a practitioner who carries on a medical practice); and

(ii) succeeds, or has previously succeeded, to the practice.

(8) Sub-paragraph (7) does not apply—

(a) if it is proved that no part of the consideration was given in respect of the goodwill; or

(b) to anything done—

(i) in relation to the acquisition of premises for the purposes of a medical practice;

(ii) in pursuance of a partnership agreement; or

(iii) in the performance of medical services by one person as an assistant to another.

(9) In determining for the purposes of this Schedule the consideration given in respect of any transaction, the court shall have regard to any other transaction appearing to the court to be associated with the first transaction, and shall estimate the total consideration given in respect of both or all the transactions, and apportion it between those transactions in such manner as it thinks just.

(10) For the purposes of this Schedule—

(a) consideration is deemed to be given to a person ( “B”) if—

(i) it is given to another person but with B's knowledge and consent; and

(ii) it appears to the court that B has derived, or will derive, a substantial benefit from the giving of the consideration; and

(b) unless the context otherwise requires, references to a person include, in the case of an individual who has died, references to his personal representative.

Carried-over goodwill N.I.

4.   The fact that a person's medical practice was previously carried on by another person who at any time provided[F64 or performed services as specified in paragraph 1(1)] does not, by itself, make it unlawful under paragraph 1 for the goodwill of his practice to be sold.] N.I.

F64 2004 NI 2

[F65 SCHEDULE 11 N.I. DISQUALIFICATION OF PERSONS PROVIDING PART VI SERVICES

F65 2001 c. 3 (NI)

PART I N.I. THE TRIBUNAL

The Tribunal: general provisions N.I.

1.— (1) There shall continue to be a tribunal ( “the Tribunal”) constituted in accordance with Part II for the purposes set out in this Part. N.I.

[F66 (2) Subject to the provisions of this paragraph, if the Tribunal receives from [F67 the Department] representations that a person who has applied to be included in any list, or who is included in any list, meets any of the conditions for disqualification which may apply in that person's case, the Tribunal must inquire into the case.]

(3) If the Tribunal receives such representations from any other person, it may inquire into the case.

(4) Representations under this paragraph shall be made—

(a) in the prescribed manner; and

(b) where F68 . . . regulations prescribe the time within which such representations are to be made, within that time.

(5) Sub-paragraphs (6) to (11) apply for the purposes of this Schedule.

[F69 (6) The first condition for disqualification is that—

(a) in relation to a list referred to in sub-paragraph (8)(a) or (c), the inclusion or continued inclusion of the person concerned in the list would be prejudicial to the efficiency of the services which those included in the list perform; or

(b) in relation to a list referred to in sub-paragraph (8)(d) or (e), the continued inclusion of the person concerned in the list would be prejudicial to the efficiency of the services which those included in the list undertake to provide.]

(7) The second condition for disqualification is that the person concerned—

(a) has (whether on his own or together with another) by an act or omission caused, or risked causing, detriment to any health scheme by securing or trying to secure for himself or another any financial or other benefit; and

(b) knew that he or (as the case may be) the other was not entitled to the benefit.

[F70 (7A) [F71 Subject to sub-paragraph (7B), ] the third condition for disqualification is that the person concerned is unsuitable (by virtue of professional or personal conduct) to be included, or to continue to be included in the list.]

[F72 (7B) The third condition for disqualification only applies to cases where a person is included in, or has applied to be included in, a list referred to in paragraph (8)(a) or (c).]

(8) A “list” means—

[F73 (a)] [F73 a list of health care professionals of a prescribed description performing primary medical services;]

(b) F74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F75 (c) a list of health care professionals of a prescribed description F76 ... performing primary dental services;

[F77 (d) a list of medical practitioners and ophthalmic opticians undertaking to provide general ophthalmic services;] or

[F78 (e) a list of persons undertaking to provide pharmaceutical services;]]

prepared (in each case) under Part VI of this Order.

[F73 (8A) In [F79 sub-paragraph (8)] , “health care professional” has the same meaning as in Article 15C.]

(9) “Health scheme” means—

(a) any of the [F80 health care] under Article 4(a) or any corresponding statutory provision extending to Scotland or England and Wales; and

(b) any prescribed scheme,

and regulations may prescribe any scheme for the purposes of this sub-paragraph which appears to the Department to be a health or medical scheme paid for out of public funds.

(10) Detriment to a health scheme includes detriment to any patient of, or person working in, that scheme or any person liable to pay charges for services provided under that scheme.

(11) Cases in which representations are made that the first condition for disqualification is met are referred to as efficiency cases; F81 . . . cases in which representations are made that the second condition for disqualification is met are referred to as fraud cases [F82 ; and cases in which representations are made that the third condition for disqualification is met are referred to below as unsuitability cases].

F66 Sch. 11 para. 1(2) substituted (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(a), 20(2)

F67 Words in Sch. 11 para. 1(2) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 53(2); S.R. 2022/102, art. 2(b)

F68 Words in Sch. 11 para. 1(4)(b) repealed (26.3.2008) by virtue of Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 17, 18(1), Sch. 1 para. 1(3), Sch. 2 Pt. 1

F69 Sch. 11 para. 1(6) substituted (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(b), 20(2)

F70 Sch. 11 para. 1(7A) inserted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 1(5)

F71 Words in Sch. 11 para. 1(7A) inserted (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(c), 20(2)

F72 Sch. 11 para. 1(7B) inserted (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(d), 20(2)

F73 2004 NI 2

F74 Sch. 11 para. 1(8)(b) repealed (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 17, 18(1), Sch. 1 para. 1(6)(a), Sch. 2 Pt. 1

F75 Sch. 11 para. 1(8)(c)-(e) substituted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 1(6)(b)

F76 Words in Sch. 11 para. 1(8)(c) repealed (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(e), 20(2), Sch. 2 Pt. 1

F77 Sch. 11 para. 1(8)(d) substituted (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(f), 20(2)

F78 Sch. 11 para. 1(8)(e) substituted (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(g), 20(2)

F79 Words in Sch. 11 para. 1(8A) substituted (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(h), 20(2)

F80 Words 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

F81 Word in Sch. 11 para. 1(11) repealed (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 17, 18(1), Sch. 1 para. 1(7)(a), Sch. 2 Pt. 1

F82 Words in Sch. 11 para. 1(11) inserted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 1(7)(b)

Modifications etc. (not altering text)

C3 Sch. 11 para. 1(6)(a) applied (with modifications) (temp.) (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(2)(a), 20(2)

C4 Sch. 11 para. 1(6)(b) applied (with modifications) (temp.) (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(2)(b), 20(2)

C5 Sch. 11 para. 1(7B) applied (with modifications) (temp.) (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(2)(c), 20(2)

C6 Sch. 11 para. 1(8)(c) applied (with modifications) (temp.) (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(2)(d), 20(2)

The Tribunal: supplementary N.I.

2.— (1) Where an ophthalmic optician is a body corporate, the body corporate is to be treated for the purposes of this Schedule as meeting the second condition for disqualification F83 ... if any director meets that condition (whether or not he first met that condition when he was a director). N.I.

F84 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where a body corporate carries on a retail pharmacy business, the body corporate is to be treated for the purposes of this Schedule as meeting the second condition for disqualification if any one of the body of persons controlling the body corporate meets that condition (whether or not he first met that condition when he was one of them).

(3) A person who is included in any list ( “the practitioner”) is to be treated for the purposes of this Schedule as meeting the second condition for disqualification if—

(a) another person, because of an act or omission of his occurring in the course of providing [F85 F86 ... or as the case may be performing,] any services mentioned in paragraph 1(8) on the practitioner's behalf, meets that condition; and

(b) the practitioner failed to take all such steps as were reasonable to prevent acts or omissions within paragraph 1(7)(a) occurring in the course of the provision [F87 , F88 ... or performance,] of those services on his behalf.

(4) The Tribunal is not required to inquire into a fraud case if it has previously inquired into representations in respect of the person concerned and the same acts or omissions.

(5) In [F89 an unsuitability case, a fraud case or an inefficiency case], regulations may make provision (including provision modifying the effect of Part VI of this Order and this Schedule) for the purpose of securing that the person subject to the inquiry is not added to any list until proceedings in that case are finally concluded.

(6) For the purposes of this Schedule, in [F90 an unsuitability,] a fraud or efficiency case proceedings are finally concluded—

(a) if the Tribunal determines not to disqualify, or conditionally disqualify, him, when it makes that determination;

(b) if it determines to disqualify, or conditionally disqualify, him and no appeal is brought against the determination, at the end of the period for bringing an appeal;

(c) if it determines to disqualify, or conditionally disqualify, him and an appeal is brought against the determination, when the appeal process is exhausted.

(7) An inquiry under paragraph 1 is not affected by the person subject to the inquiry withdrawing from, withdrawing any application to be included in or being removed from the list to which the case relates.

F83 Words in Sch. 11 para. 2(1) repealed (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(i), 20(2), Sch. 2 Pt. 1

F84 Sch. 11 para. 2(1A) repealed (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(j), 20(2), Sch. 2 Pt. 1

F85 Words in Sch. 11 para. 2(3)(a) inserted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 2(4)(a)

F86 Words in Sch. 11 para. 2(3)(a) repealed (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(k), 20(2), Sch. 2 Pt. 1

F87 Words in Sch. 11 para. 2(3)(b) inserted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 2(4)(b)

F88 Words in Sch. 11 para. 2(3)(b) repealed (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(l), 20(2), Sch. 2 Pt. 1

F89 Words in Sch. 11 para. 2(5) substituted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 2(5)

F90 Words in Sch. 11 para. 2(6) inserted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 2(6)

Powers of the Tribunal N.I.

3.— (1) Sub-paragraph (2) applies where the Tribunal is of the opinion— N.I.

(a) on inquiring into an efficiency case, that the person meets the first condition for disqualification;

(b) on inquiring into a fraud case, that the person meets the second condition for disqualification.

[F91 (c) on inquiring into an unsuitability case, that the person meets the third condition for disqualification.]

[F92 (2) The Tribunal must disqualify the person for inclusion in the list to which the case relates.]

(3) If the Tribunal makes a general disqualification it may also declare that the person is not fit to be engaged in any capacity in the provision [F93 , or as the case may be performance,] of the services to which the lists in question relate (referred to in this Schedule as a declaration of unfitness).

(4) The Tribunal shall not make [F94 a] disqualification or declaration under this paragraph if it is of the opinion that it would be unjust to do so.

(5) A disqualification under this paragraph shall have effect when proceedings in the case are finally concluded.

(6) If a person is disqualified for inclusion in any list prepared by [F95 the Department] , [F96 the Department] shall not enter him in the list and (if he is already included in the list) shall remove him from the list.

F91 Sch. 11 para. 3(1)(c) inserted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 3(2)

F92 Sch. 11 para. 3(2) substituted (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(m), 20(2)

F93 Words in Sch. 11 para. 3(3) inserted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 3(4)

F94 Word in Sch. 11 para. 3(4) substituted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 3(5)

F95 Words in Sch. 11 para. 3(6) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 53(3)(a); S.R. 2022/102, art. 2(b)

F96 Words in Sch. 11 para. 3(6) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 53(3)(b); S.R. 2022/102, art. 2(b)

Conditional disqualification N.I.

4.— (1) The functions of making disqualifications under paragraph 3 include making a conditional disqualification, that is, a disqualification which is to come into effect only if the Tribunal determines (on a review under paragraph 5) that the person subject to the inquiry has failed to comply with any conditions imposed by the Tribunal. N.I.

(2) Conditions may be imposed by virtue of sub-paragraph (1) with a view to—

(a) removing any prejudice to the efficiency of the services in question; F97 . . .

(b) preventing any acts or omissions within paragraph 1(7)(a),

[F98 (c) ensuring that the person

(i) performsF99 ... only services specified (or of a description specified) in the condition;

(ii) undertakes an activity (or course of activity) of a personal or professional nature, or refrains from conduct of a personal or professional nature, so specified (or of a description so specified).]

(as the case may be).

(3) Conditions so imposed shall have effect when proceedings in the case are finally concluded.

(4) Paragraph 3(4) applies to a conditional disqualification as it applies to a disqualification.

(5) The Tribunal may by directions—

(a) vary the terms of service of the person subject to the inquiry (including terms imposed by regulations under Part VI of this Order);

[F100 (aa) vary any requirements to which the person subject to the inquiry is subject under or by virtue of Article 57G [F101 or 61F] ;]

(b) confer functions on [F102 the Department] ,

for the purpose of or in connection with the imposition of any conditions by virtue of this paragraph.

(6) References in any statutory provision to a disqualification by the Tribunal do not include a conditional disqualification.

F97 Word in Sch. 11 para. 4(2)(a) repealed (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 17, 18(1), Sch. 1 para. 4(2)(a), Sch. 2 Pt. 1

F98 Sch. 11 para. 4(2)(c) inserted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 4(2)(b)

F99 Words in Sch. 11 para. 4(2)(c)(i) repealed (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(n), 20(2), Sch. 2 Pt. 1

F100 Sch. 11 para. 4(5)(aa) inserted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 4(3)

F101 Words in Sch. 11 para. 4(5)(aa) substituted (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(o), 20(2)

F102 Words in Sch. 11 para. 4(5)(b) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 53(4); S.R. 2022/102, art. 2(b)

Review etc. of disqualification N.I.

5.— (1) The Tribunal may review any disqualification, conditional disqualification or declaration of unfitness— N.I.

(a) if the disqualified or conditionally disqualified person requests a review; or

(b) in any other circumstances in which it considers it appropriate.

(2) On a review under sub-paragraph (1), the Tribunal may—

(a) remove a disqualification or provide that a declaration of unfitness is to cease to have effect;

(b) make a disqualification conditional;

(c) in the case of a conditional disqualification, remove it, vary the conditions or make it unconditional,

and, on a review of a fraud case, may make any further disqualification or conditional disqualification which it considers appropriate.

(3) If [F103 the Department] requests a review of a conditional disqualification on the ground that—

(a) there has been a change in the circumstances by reference to which the conditions were imposed;

(b) the person concerned has failed to comply with the conditions; or

(c) in a fraud case, the person concerned has since the Tribunal imposed the conditions (or made the disqualification conditional) again satisfied the second condition for disqualification,

the Tribunal shall review the conditional disqualification.

(4) In the case of a person who is providing [F104 , [F105 approved to assist in providing] or as the case may be performing,] services in Scotland or England and Wales, the reference in sub-paragraph (3) to [F106 the Department] includes [F107 a reference to any authority which] under the provisions in force in Scotland or England and Wales corresponding to Part VI of this Order [F108 would be entitled to request a review corresponding to that mentioned in that sub-paragraph].

(5) On a review under sub-paragraph (3) of a conditional disqualification, the Tribunal may remove it, vary the conditions or make it unconditional and, on a review of a fraud case, may make any further disqualification or conditional disqualification which it considers appropriate.

(6) If, on a review under this paragraph of a fraud case—

(a) there is a general disqualification which the Tribunal does not remove or make conditional;

(b) there is a general disqualification which is conditional and which the Tribunal makes unconditional; or

(c) the Tribunal makes a general disqualification,

it may also make a declaration of unfitness.

(7) The Tribunal shall not under this paragraph—

(a) in the case of a conditional disqualification, make it unconditional or vary the conditions;

(b) make any further disqualification or conditional disqualification; or

(c) make a declaration of unfitness,

if it is of the opinion that it would be unjust to do so.

(8) A determination of the Tribunal under this paragraph shall have effect—

(a) if no appeal is brought against it, at the end of the period for bringing an appeal;

(b) if an appeal is brought against it, when the appeal process is exhausted.

(9) The Tribunal may hold an inquiry for the purposes of any review under this paragraph.

F103 Words in Sch. 11 para. 5(3) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 53(5)(a); S.R. 2022/102, art. 2(b)

F104 Words in Sch. 11 para. 5(4) inserted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 5(a)

F105 Words in Sch. 11 para. 5(4) inserted (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(p), 20(2)

F106 Words in Sch. 11 para. 5(4) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 53(5)(b); S.R. 2022/102, art. 2(b)

F107 Words in Sch. 11 para. 5(4) substituted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 5(b)

F108 Words in Sch. 11 para. 5(4) added (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 5(c)

Appeals N.I.

6.   Any person aggrieved by any determination of the Tribunal under this Part may appeal to the Court of Appeal in accordance with rules of court; and the decision given on any such appeal shall be final and conclusive. N.I.

Disqualification provisions in Scotland or England and Wales N.I.

7.— (1) [F109 Where— N.I.

(a) under or by virtue of any provisions in force in Scotland or England and Wales corresponding to the provisions of this Schedule, a person is disqualified for inclusion in all lists prepared under or by virtue of—

(i) those provisions so in force, or

(ii) provisions so in force corresponding to the provisions of Part VI of this Order,

of persons performing, undertaking to provide [F110 or approved to assist in providing] any of the services mentioned in paragraph 1(8), then,

(b) in relation to the service in question,]

that person shall, so long as that disqualification is in force, be disqualified for inclusion in any list and (if also the subject of a declaration under those provisions corresponding to a declaration of unfitness) be treated as if a declaration of unfitness had been made in respect of him.

(2) Where under the conditional disqualification provisions in Scotland or England and Wales—

(a) any conditions are imposed in relation to the provision [F111 , assistance in provision or performance] by any person of any services mentioned in paragraph 1(8); or

(b) any conditions so imposed are varied,

the Department may, by a notice in writing given F112 ... to the person in question, impose those conditions in relation to the provision by that person of those services under Part VI of this Order [F113 , Article 15B arrangements or a pilot scheme].

(3) A notice under sub-paragraph (2) may make such modifications of the conditions as the Department considers necessary for them to have the like effect in relation to Northern Ireland as they have in relation to Scotland or (as the case may be) England and Wales, but only if the Department has previously given the person concerned written notice of the proposed modifications and an opportunity (in accordance with such requirements, if any, as may be prescribed) to make representations about them.

(4) Conditions imposed by a notice under sub-paragraph (2) shall cease to have effect if the Department withdraws the notice by giving written notice to the person concerned.

(5) In this paragraph “the conditional disqualification provisions in Scotland or England and Wales” means any provision in force in Scotland or England and Wales corresponding to paragraphs 4 and (so far as relating to conditional disqualifications) paragraph 5.

F109 Words in Sch. 11 para. 7(1) substituted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 6(2)

F110 Words in Sch. 11 para. 7(1)(a) substituted (13.6.2016) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(q), 20(2)

F111 Words in Sch. 11 para. 7(2) inserted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 6(3)(a)

F112 Words in Sch. 11 para. 7(2) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 53(6); S.R. 2022/102, art. 2(b)

F113 Words in Sch. 11 para. 7(2) added (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 6(3)(b)

Regulations N.I.

8.— (1) Regulations shall make provision— 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 and, in particular—

(i) for any person who is the subject of any such inquiry to have an opportunity of appearing, either in person or by counsel or solicitor or such other representative as may be prescribed, before, and of being heard by, the Tribunal, and of calling witnesses and producing other evidence on his behalf; and

(ii) for the hearing by the Tribunal to be in public if the person who is the subject of the inquiry so requests;

(b) for conferring on the Tribunal such powers as appear to the Department to be necessary for the purpose of holding inquiries under this Schedule, including power to require the attendance of witnesses and the production of documents, and to administer oaths; and

(c) for the publication of the decisions of the Tribunal under this Schedule and of the imposition and removal of any disqualification or conditions imposed by virtue of paragraph 7.

(2) Regulations under sub-paragraph (1)(a) may in particular provide that, where (apart from the regulations) it would be the duty of the Tribunal to inquire into [F114 an efficiency case and a fraud case or an unsuitability case or any other combination of more than one such category of case] in respect of the same person, it may inquire into one case before inquiring into the other and, after proceedings in the first case are finally disposed of may if it thinks it appropriate adjourn the other case indefinitely.

F114 Words in Sch. 11 para. 8(2) substituted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 7

Modifications etc. (not altering text)

C7 Sch. 11 para. 8: functions transferred from Department of Health, Social Services and Public Safety to Department of Justice (1.4.2011) by Departments (Transfer of Functions) Order (Northern Ireland) 2011 (S.R. 2011/44), arts. 1(2), 6(a) (with art. 8(2))

Applications for interim suspension N.I.

9.— (1) [F115 The Department may, if it has made representations under paragraph 1] , at any time before the case is disposed of by the Tribunal, apply to the Tribunal for a direction to be made under sub-paragraph (3) in relation to the person to whom the case relates.

(2) [F116 The Department] may, if it has requested a review of a conditional disqualification on the ground mentioned in paragraph 5(3)(b) or (c), at any time before the review is concluded apply to the Tribunal for a direction to be made under sub-paragraph (3) in relation to the person to whom the review relates.

(3) If, on an application under this paragraph, the Tribunal is satisfied that either of the conditions for doing so is satisfied, it shall direct that sub-paragraph (5) shall apply to the person concerned as respects services of the kind to which the case in question, or the case to which the review in question, relates.

(4) The conditions for giving such a direction are—

(a) that it is necessary to do so in order to protect persons who are, or may be, provided with services under Part VI of this Order to which the case in question, or the case to which the review in question, relates;

(b) in, or in the case of a review relating to, a fraud case, that unless it does so there is a significant risk that—

(i) an act or omission within paragraph 1(7)(a) will occur; or

(ii) the investigation of the case of the review will be prejudiced.

(5) A person to whom this sub-paragraph applies shall—

(a) be deemed to have been removed from any relevant list in which his name is included;

(b) be disqualified for inclusion in any relevant list in which his name is not included; and

(c) be deemed to be a person in relation to whom there is in force a declaration of unfitness in relation to the provision [F117 or performance] of services of the relevant kind.

(6) A direction under sub-paragraph (3) shall cease to have effect on the Tribunal's disposing of the case or review in connection with which it is made.

(7) In the application of sub-paragraph (5) to any person—

(a) “relevant list” means a list of persons [F118 performing or] undertaking to provide services of the kind to which the direction applying the sub-paragraph to him relates; and

(b) “services of the relevant kind” means services of the kind to which that direction relates.

[F119 (8) Regulations may provide that where [F120 the Department] , in accordance with regulations made under Article 57G, [F121 or 61F,] suspends a person from a list prepared under regulations made under the provision in question and [F120 the Department] applies to the Tribunal for a direction to be made under sub-paragraph (2) in relation to the person to whom the suspension applies, the suspension may continue until the Tribunal determines the application.]

F115 Words in Sch. 11 para. 9(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 53(7)(a); S.R. 2022/102, art. 2(b)

F116 Words in Sch. 11 para. 9(2) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 53(7)(b); S.R. 2022/102, art. 2(b)

F117 Words in Sch. 11 para. 9(5)(c) inserted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 8(2)

F118 Words in Sch. 11 para. 9(7)(a) inserted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 8(3)

F119 Sch. 11 para. 9(8) added (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 8(4)

F120 Words in Sch. 11 para. 9(8) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 53(7)(c); S.R. 2022/102, art. 2(b)

F121 Words in Sch. 11 para. 9(8) substituted (13.6.2016) by virtue of Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(r), 20(2)

Suspension pending appeal N.I.

10.— (1) Where, on disposing of a case under paragraph 3, the Tribunal makes a general disqualification, it may, if it considers that either of the conditions mentioned in paragraph 9(4) is satisfied, direct that paragraph 9(5) shall apply or, if a direction has been given under paragraph 9(3), shall continue to apply to him as respects services of the kind to which the disqualification relates. N.I.

(2) A direction under sub-paragraph (1) shall cease to have effect—

(a) where no appeal against the general disqualification is brought, at the end of the period for bringing an appeal; and

(b) where an appeal against the disqualification is brought, when the appeal process has been exhausted.

(3) Where the power conferred by sub-paragraph (1) is exercisable by virtue of a disqualification which is not coupled with a declaration of unfitness, paragraph 9(5) shall have effect, in relation to the exercise of that power, with the omission of head (c).

Paragraphs 9 and 10: procedure N.I.

11.— (1) Before making a direction under paragraph 9(3) or 10(1) in relation to any person, the Tribunal shall give him an opportunity— N.I.

(a) to appear before the Tribunal, either in person or by counsel or solicitor or such other representative as may be prescribed; and

(b) to be heard and to call witnesses and produce other evidence.

(2) Regulations may—

(a) make provision for, or for the determination of, procedure in relation to determining applications under paragraph 9 or the exercise of the power conferred by paragraph 10(1); and

(b) provide for the functions of the Tribunal under paragraph 9 or 10 to be carried out, or to be carried out in prescribed circumstances, by the chairman or a deputy chairman of the Tribunal.

Modifications etc. (not altering text)

C8 Sch. 11 para. 11: functions transferred from Department of Health, Social Services and Public Safety to Department of Justice (1.4.2011) by Departments (Transfer of Functions) Order (Northern Ireland) 2011 (S.R. 2011/44), arts. 1(2), 6(a) (with art. 8(2))

Suspension provisions in Scotland or England and Wales N.I.

[F122 12.— (1) This paragraph applies where it appears to the Department that there is provision in Scotland or England or Wales under which a person may be dealt with in any way which corresponds (whether or not exactly) with a way in which a person may be dealt with under a provision of this Schedule. N.I.

(2) A decision in Scotland or England or Wales to deal with such a person in such a way is referred to in this paragraph as a “corresponding decision”.

(3) If this paragraph applies, the Department may make regulations providing for the effect to be given in Northern Ireland to a corresponding decision; and where the decision corresponds (whether or not exactly) with a decision which may be made under paragraph 4 or (so far as relating to conditional disqualification) paragraph 5 the regulations may provide for the effect to be given to be determined in the prescribed manner by the Department.

(4) That effect need not be the same as the effect of the corresponding decision in the place where it was made.]

F122 Sch. 11 para. 12 substituted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 9

Payments in consequence of suspension N.I.

13.— (1) Regulations may provide for the making to persons to whom paragraph 9(5) or 12(2) applies of payments in consequence of the application of that provision. N.I.

(2) Regulations under sub-paragraph (1) may provide for the determination by the Department in a prescribed manner of anything for which provision may be made by regulations under that sub-paragraph.

Removal of persons from list N.I.

14.   Where any of the services mentioned in paragraph 1(8)(a) to (e) is administered pursuant to arrangements made by [F123 the Department] , and [F124 the Department] is satisfied that any person whose name is on the list of persons undertaking to provide those services has never provided or has ceased to provide those services, it may remove his name from that list. N.I.

F123 Words in Sch. 11 para. 14 substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 53(8)(a); S.R. 2022/102, art. 2(b)

F124 Words in Sch. 11 para. 14 substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 53(8)(b); S.R. 2022/102, art. 2(b)

PART II N.I. CONSTITUTION OF THE TRIBUNAL

Membership N.I.

15.   The Tribunal shall consist of— N.I.

(a) a chairman appointed by the Lord Chief Justice;

(b) such number of deputy chairmen as the Lord Chief Justice may appoint;

(c) such number of persons as the Department may appoint for the purposes of this sub-paragraph;

(d) such number of medical practitioners as the Department may appoint for the purposes of this sub-paragraph;

(e) such number of medical practitioners having the qualifications prescribed under Article 62 as the Department may appoint for the purposes of this sub-paragraph;

(f) such number of dental practitioners as the Department may appoint for the purposes of this sub-paragraph;

(g) such number of ophthalmic opticians as the Department may appoint for the purposes of this sub-paragraph; and

(h) such number of pharmacists as the Department may appoint for the purposes of this sub-paragraph.

Modifications etc. (not altering text)

C9 Sch. 11 para. 15(c)-(h): functions transferred from Department of Health, Social Services and Public Safety to Department of Justice (1.4.2011) by Departments (Transfer of Functions) Order (Northern Ireland) 2011 (S.R. 2011/44), arts. 1(2), 6(a) (with art. 8(2))

Chairman and deputy chairman N.I.

16.   A person appointed as the chairman or a deputy chairman shall be either a barrister-at-law practising in Northern Ireland or a practising solicitor of the Supreme Court of not less than ten years' standing. N.I.

Other members of the Tribunal N.I.

17.— (1) Any appointment for the purposes of paragraph 15(c) shall be made after consultation with [F125 the Department] . N.I.

(2) Any appointment for the purposes of any of sub-paragraphs (d) to (h) of paragraph 15 shall be made after consultation with such organisations as the Department may recognise as representative of the profession or calling concerned.

F125 Words in Sch. 11 para. 17(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 53(9); S.R. 2022/102, art. 2(b)

Modifications etc. (not altering text)

C10 Sch. 11 para. 17: functions transferred from Department of Health, Social Services and Public Safety to Department of Justice (1.4.2011) by Departments (Transfer of Functions) Order (Northern Ireland) 2011 (S.R. 2011/44), arts. 1(2), 6(a) (with art. 8(2))

Functions of the Tribunal N.I.

18.— (1) The functions of the Tribunal shall be exercised by three members consisting of— N.I.

(a) the chairman or a deputy chairman;

(b) a person appointed under paragraph 15(c); and

(c) a person appointed under such one of sub-paragraphs (d) to (h) of paragraph 15 as provides for the appointment of persons of the same profession or calling as that of the person concerned.

(2) In sub-paragraph (1)(c) as it has effect in relation to the functions mentioned below, the reference to the person concerned is—

(a) in the case of functions under paragraphs 1 to 4, to the person to whom the representations in question relate;

(b) in the case of functions under paragraph 5, to the person whose disqualification, conditional disqualification or declaration of unfitness is under consideration;

(c) in the case of functions under paragraph 9, to the person to whom the application in question relates; and

(d) in the case of functions under paragraph 10, to the person in relation to whom paragraph 9(5) may be made to apply or continue to apply.

(3) 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.

(4) In the case of functions under paragraph 9 or 10, sub-paragraph (1) is subject to paragraph 11(2)(b).

Regulations N.I.

19.   Regulations may provide for the appointment, tenure of office and vacation of office of members of the Tribunal.] N.I.

Modifications etc. (not altering text)

C11 Sch. 11 para. 19: functions transferred from Department of Health, Social Services and Public Safety to Department of Justice (1.4.2011) by Departments (Transfer of Functions) Order (Northern Ireland) 2011 (S.R. 2011/44), arts. 1(2), 6(a) (with art. 8(2))

Article 66.

SCHEDULE 12 N.I. FORMER DISPENSARY PROPERTY, ETC.

1.  Where a medical practitioner was in occupation of any dispensary residence immediately before the 5th July 1948 and exercised his entitlement under the proviso to section 19(1)( a) of the Health Services Act (Northern Ireland) 1948 [1948 c.3] to continue to occupy such residence subject to such conditions as were determined pursuant to that proviso, and was, by virtue of that entitlement, in occupation of such residence immediately before the [F126 1st October 1973], he shall be entitled to continue in occupation of such residence so long as he continues to comply with those conditions. N.I.

F126 1972 NI 21

2.  Notwithstanding anything in any transferred provision, or in any conveyance, trust deed or other instrument relating to that property, the Ministry may, subject to such conditions as it may determine, make available any property to which this Schedule applies (other than property which any person is entitled, pursuant to paragraph 1, to occupy) to any of the following persons— N.I.

(a) medical practitioners, dental practitioners or pharmacists providing services under Part VI;

(b) the Health and Social Services Boards for the purposes of any of their functions;

(c) voluntary organisations providing services similar or related to those provided by the Ministry under this Order.

3.  Where the Ministry is satisfied that any property to which this Schedule applies (other than property which any person is entitled, pursuant to paragraph 1, to occupy) is no longer required to be made availiable to the persons mentioned in paragraph 2, the Ministry may, notwithstanding anything in any transferred provision, or in any conveyance, trust deed or other instrument relating to that property, but subject to paragraphs 4 and 5 and to such conditions as it may determine, dispose of that property. N.I.

4.  The Ministry shall, before disposing of any such property, notify the district council for the district within which the property is situated of its intention to do so. N.I.

5.  If the district council which has been notified pursuant to paragraph 4, by resolution duly passed and communicated to the Ministry within three months of the council being so notified, requires the Ministry to do so, the Ministry shall by order transfer to that council all interests, rights or liabilities in, or relating to, that property to which the Ministry is entitled or subject immediately before the making of the order. N.I.

6.  A district council to which the interests, rights or liabilities in any property are transferred under paragraph 5 may thereafter use that property for any of its functions or may dispose of that property. N.I.

7.  Where, under paragraph 3 or 6, any property is disposed of by the Ministry or a district council, any proceeds of such disposal shall be paid to or, as the case may be, retained by the district council in whose district the property is situated. N.I.

8.  Any district council by which any money is received under paragraph 7 in pursuance of a disposal shall apply that money towards the relief of rates. N.I.

F127 F127 SCHEDULE 13 N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F127 Sch. 13 repealed (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), s. 34(3), Sch. 7; S.R. 2009/114, art. 2

Articles 79(2), 83(2).

SCHEDULE 14 N.I. [F130 ENDOWMENTS OF CERTAIN HOSPITALS

F130 Sch. 14 omitted (1.4.2022 for specified purposes) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 54(1) (with Sch. 1 para. 54(2)); S.R. 2022/102, art. 2(b)

1.   Any endowment to which this Schedule applies shall, notwithstanding anything contained in any enactment or rule of law, be applied and used by the Health and Social Services Board— N.I.

(a) firstly, in the discharge, to the extent to which the endowment could, immediately before 5th July 1948, have been lawfully applied and used for that purpose, of so much of the liabilities transferred to the management committee under section 25(3), (4) and (7) of the Health Services Act (Northern Ireland) 1948 [1948 c.3] as may be prescribed;

(b) secondly, subject to paragraph 2, for such the purposes to which it could, immediately before 5th July 1948, have been lawfully applied or used as the Health and Social Services Board may think proper.

2.   Where the Health and Social Services Board is satisfied that it has become impracticable or unnecessary to apply and use the endowment in accordance with paragraph 1( b), that Board may, notwithstanding anything contained in the trusts upon which the endowment is held, apply and use the capital or income of the whole or any part of the endowment for such of the purposes connected with the hospital as it may think proper.] N.I.

Articles 42(2), 98(2).

SCHEDULE 15 N.I. CHARGES IN RESPECT OF CERTAIN SERVICES, AND OTHER RELATED MATTERS

1.  Regulations made with the approval of the Ministry of Finance may provide— N.I.

(a) for the making and, subject to the provisions of paragraphs 3 and 4, the recovery, in such manner as may be prescribed, of—

[F131 (i) such charges as may be prescribed in respect of such services (other than services provided as part of the [F132 relevant] dental services) provided under this Order[F133 or the 1991 Order] as may be prescribed;

(ia) a charge of an amount calculated in accordance with paragraph 1A in respect of any services provided as part of the general dental services, not being—

(a) the repair of appliances other than prescribed appliances; or

(b) the arrest of bleeding;

(iaa) charges of amounts calculated in accordance with paragraph 1A in respect of the supply under this Order of dentures and other dental appliances of prescribed descriptions;]

(ii) charges, other than[F134 charges for relevant dental services]F135 . . . in respect of the extra expense involved in the supply, at the request of the person supplied, of any appliance or vehicle which is of a more expensive type than that which would normally be supplied, or the replacement or repair of any such appliance, or, as the case may require, the replacement, repair or maintenance of any such vehicle; or

(iii) charges, other than[F136 charges for relevant dental services]F135 . . . in respect of the replacement of any appliance or vehicle supplied, the repair of any appliance supplied or the repair or maintenance of any vehicle supplied, if it is determined in the prescribed manner that the replacement, repair or maintenance, as the case may be, is necessitated by an act or omission of the person supplied or (if it occurred when he was under sixteen years of age) of his or of the person having charge of him when it occurred;

(b) for the remission or repayment of[F137 such charges in respect of persons of such descriptions] as may be prescribed;

(c) for the grant, on payment of such sums as may be prescribed, of certificates conferring on the persons to whom the certificates are granted exemption from charges otherwise exigible under the regulations in respect of drugs, medicines and appliances supplied during such period as may be prescribed.

F131 1988 NI 24

F132 Word in Sch. 15 para. 1(a)(i) substituted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 14(4)(a), 18(1)(a)

F133 1991 NI 1

F134 Words in Sch. 15 para. 1(a)(ii) substituted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 14(4)(b), 18(1)(a)

F135 1984 NI 8

F136 Words in Sch. 15 para. 1(a)(iii) substituted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 14(4)(b), 18(1)(a)

F137 1988 NI 2

[F138 1A.— (1) Subject to the following provisions of this paragraph, regulations made with the approval of the Department of Finance and Personnel may make such provision as to the amount of any charge— N.I.

(a) authorised by paragraph 1(a)(ia) for the provision of services; or

(b) authorised by paragraph 1(a)(iaa) for the supply of dentures or other dental appliances,

as appears to the Department to be appropriate.

(2) Without prejudice to the generality of sub‐paragraph (1), regulations may provide that any charge which is so authorised in respect of appliances or services supplied or provided under Part VI—

(a) shall be of an amount equal—

(i) to the practitioner's remuneration in respect of the supply or provision; or

(ii) to any part of that remuneration; or

(b) shall be otherwise calculated by reference to that remuneration.

(3) Without prejudice to the generality of sub‐paragraph (1), regulations may provide that any charge which is authorised in respect of appliances supplied otherwise than under Part VI—

(a) shall be of an amount equal—

(i) to the remuneration a practitioner would receive for a supply under that Part of equivalent appliances; or

(ii) to any part of such remuneration; or

(b) shall be otherwise calculated by reference to such remuneration.

(4) The charge shall not exceed the amount which the Department considers to be the cost to [F139 health care] of the supply or provision.

(5) In this paragraph “cost to [F139 health care]” does not include—

(a) any fee in respect of a visit by a practitioner to a patient;

(b) any fee in respect of the exceptional attendance by a practitioner at his surgery in order to provide emergency treatment; or

(c) any fee or part of a fee payable by a patient in pursuance of regulations under Article 61(2)(d) or (3).]

F138 1988 NI 24

F139 Words 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

[F140 1B.— (1) Descriptions of persons may be prescribed for the purposes of paragraph 1(b) by reference to any criterion and, without prejudice to the generality of this sub‐paragraph, by reference to any of the following criteria— N.I.

(a) their age;

(b) the fact that a prescribed person or a prescribed body accepts them as suffering from a prescribed medical condition;

(c) the fact that a prescribed person or a prescribed body accepts that a prescribed medical condition from which they suffer arose in prescribed circumstances;

(d) their receipt of benefit in money or in kind under any transferred provision or their entitlement to receive any such benefit;

(e) the receipt of any such benefit by other persons satisfying prescribed conditions or the entitlement of other persons satisfying prescribed conditions to receive such benefits; and

(f) the relationship, as calculated in accordance with the regulations by a prescribed person, between their resources and their requirements.

(2) Regulations under this paragraph may direct how a person's resources and requirements are to be calculated and, without prejudice to the generality of this sub‐paragraph, may direct that they shall be calculated—

(a) by a method set out in the regulations; or

(b) by a method described by reference to a method of calculating or estimating income or capital specified in a transferred provision other than this paragraph or by reference to such a method but subject to prescribed modifications; or

(c) by reference to an amount applicable for the purposes of a payment under a transferred provision; or

(d) by reference to the person's being or having been entitled to payment under a transferred provision.

(3) Regulations under this paragraph which refer to a transferred provision may direct that the reference is to be construed as a reference to that provision—

(a) as it has effect at the time when the regulations are made; or

(b) both as it has effect at that time and as amended subsequently.]

F140 1988 NI 2

2.  Regulations made under paragraph 1 may provide that sums which would otherwise be payable by [F141 the Department] to persons by whom any services are provided are to be reduced by the amount of the charges prescribed in respect of those services. N.I.

F141 Words in Sch. 15 para. 2 substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 55(2); S.R. 2022/102, art. 2(b)

[F142 2A.— (1) The Department shall by regulations provide for payments to be made by the Department F143 ... or the Agency to meet, or to contribute towards, the cost incurred (whether by way of charge under this Order or otherwise) for the supply of optical appliances for which a prescription has been given in consequence of a testing of sight under this Order— N.I.

(a) for a child;

(b) for a person whose resources fall to be treated under the regulations as being less than his requirements; or

(c) for a person of such other description as may be prescribed

[F144 or for which a prescription has been given for a person such as is mentioned in head (a), (b) or (c) in consequence of a testing of sight (not being a testing of sight under this Order) which took place in prescribed circumstances].

(2) In sub-paragraph (1), “child” means—

(a) a person who is under the age of 16 years; or

(b) a person who is under the age of 19 years and receiving qualifying full-time education.

(3) In sub-paragraph (2), “qualifying full-time education” means full-time instruction—

(a) at an educational establishment recognised by the Department as being, or as comparable to, a school, college or university; or

(b) by other means accepted as comparable by the Department;

and for the purposes of this paragraph regulations may prescribe the circumstances in which a person is or is not to be treated as receiving full-time instruction.

[F144 (4) The Department may by regulations—

(a) provide for the Department F145 ... or the Agency to contribute to the cost of a testing of sight which the Department, F146 ... or the Agency accepts as having been incurred by a person whose resources fall to be treated under the regulations as exceeding his requirements but only by an amount calculated under the regulations;

(b) provide for payments to be made by the Department F145 ... or the Agency to meet, or to contribute towards, any costs accepted by the Department, F146 ... or the Agency as having been incurred (whether by way of charge under this Order or otherwise) for the replacement or repair in prescribed circumstances of optical appliances for which a prescription was given in consequence of a testing of sight of a person of a prescribed description; and

(c) direct how a person's resources and requirements are to be calculated and, without prejudice to the generality of this head, give any such direction as to how they are to be calculated as may be given by regulations under paragraph 1B(2).

(4A) Descriptions of person may be prescribed under this paragraph by reference to any criterion and, without prejudice to the generality of this sub‐paragraph, by reference to any of the criteria specied in paragraph 1B(1).

(4B) Sub‐paragraph (3) of paragraph 1B shall have effect in relation to regulations under this paragraph as it has effect in relation to regulations under that paragraph.]]

F142 1984 NI 8

F143 Words in Sch. 15 para. 2A(1) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 55(3)(a); S.R. 2022/102, art. 2(b)

F144 1988 NI 24

F145 Words in Sch. 15 para. 2A(4) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 55(3)(b)(i); S.R. 2022/102, art. 2(b)

F146 Words in Sch. 15 para. 2A(4) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 55(3)(b)(ii); S.R. 2022/102, art. 2(b)

3.  Subject to paragraph 4, any charges under this Order shall, without prejudice to any other method of recovery, be a debt recoverable summarily. N.I.

4.  Any person entitled to recover charges under this Order may, by agreement with the governing body of any association or fund established for the purpose of providing benefits to members or other beneficiaries thereof, accept from the association or fund, in respect of any charges payable under this Order by or in respect of any member or beneficiary of the association or fund, payment of such sums as may be provided by the agreement in lieu of recovering the whole or any part of such charges from, or from the estate of, such member or beneficiary or from any person liable therefor. N.I.

[F147 5.— (1) Where goods or services are provided under this Order and either— N.I.

(a) any charge payable by any person under this Order in respect of the provision of the goods or services is reduced, remitted or repaid, but that person is not entitled to the reduction, remission or repayment; or

(b) any payment under this Order is made to, or for the benefit of, any person in respect of the cost of obtaining the goods or services, but that person is not entitled to, or to the benefit of, the payment,

the amount mentioned in sub-paragraph (2) is recoverable summarily as a debt from the person in question by the responsible authority.

(2) That amount—

(a) in a case within sub-paragraph (1)(a), is the amount of the charge or (where it has been reduced) reduction;

(b) in a case within sub-paragraph (1)(b), is the amount of the payment.

(3) Where two or more persons are liable under paragraph 3 or this paragraph to pay an amount in respect of the same charge or payment, those persons shall be jointly and severally liable.

(4) For the purposes of this paragraph, the circumstances in which a person is to be treated as not entitled to a reduction, remission or repayment of a charge, or to (or to the benefit of) a payment, include in particular those in which it is received (wholly or partly)—

(a) on the ground that he or another is a person of a particular description, where the person in question is not in fact of that description;

(b) on the ground that he or another holds a particular certificate, when the person in question does not in fact hold such a certificate or does hold such a certificate but is not entitled to it;

(c) on the ground that he or another has made a particular statement, when the person in question has not made such a statement or the statement made by him is false.

(5) In this paragraph and paragraph 6, “responsible authority” means—

(a) in relation to the recovery of any charge under paragraph 3 in respect of the provision of goods or services under this Order, the person by whom the charge is recoverable;

(b) in relation to the recovery by virtue of this paragraph of the whole or part of the amount of any such charge, the person by whom the charge would have been recoverable;

(c) in a case within sub-paragraph (1)(b), the person who made the payment.

(6) But the Department may by directions provide for—

(a) the functions of any responsible authority of recovering any charges under this Order in respect of the provision of goods or services under this Order;

(b) the functions of any responsible authority under this paragraph and paragraph 6,

to be exercised on behalf of the authority by another [F148 health care] body.]

F147 2001 c. 3 (NI)

F148 Words 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

6.—(1) Regulations may provide that, where a person fails to pay— N.I.

(a) any amount recoverable from him under paragraph 3 in respect of the provision of goods or services under this Order; or

(b) any amount recoverable from him under paragraph 5,

a notice (referred to in this paragraph as a penalty notice) may be served on the person by the responsible authority requiring him to pay to the authority, within a prescribed period, that amount together with a charge (referred to in this paragraph as a penalty charge) of an amount determined in accordance with the regulations.

(2) The regulations may not provide for the amount of the penalty charge to exceed whichever is the smaller of—

(a) £100;

(b) the amount referred to in sub-paragraph (1)(a) or (b) multiplied by 5.

(3) The Department may by order provide for sub-paragraph (2) to have effect as if, for the sum specified in head (a) or the multiplier specified in head (b) (including that sum or multiplier as substituted by a previous order), there were substituted a sum or (as the case may be) multiplier specified in the order.

(4) Regulations may provide that, if a person fails to pay the amount he is required to pay under a penalty notice within the period in question, he must also pay to the responsible authority by way of penalty a further sum determined in accordance with the regulations.

(5) The further sum must not exceed 50 per cent of the amount of the penalty charge.

(6) Any sum payable under the regulations (including the amount referred to in sub-paragraph (1)(a) or (b)) may be recovered by the responsible authority summarily as a debt.

(7) But a person is not liable by virtue of a penalty notice—

(a) to pay at any time so much of any amount referred to in sub-paragraph (1)(a) or (b) for which he is jointly and severally liable with another as at that time has been paid, or ordered by a court to be paid, by that other; or

(b) to a penalty charge, or a further sum by way of penalty, if he shows that he did not act wrongfully, or with any lack of care, in respect of the charge or payment in question.

(8) No order shall be made under sub-paragraph (3) unless a draft has been laid before, and approved by resolution of the Assembly.

7.—(1) A person is guilty of an offence if he does any act mentioned in paragraph (2) with a view to securing for himself or another— N.I.

(a) the evasion of the whole or part of any charge under this Order in respect of the provision of goods or services under this Order;

(b) the reduction, remission or repayment of any such charge, where he or (as the case may be) the other is not entitled to the reduction, remission or repayment;

(c) a payment under this Order (whether to, or for the benefit of, himself or the other) in respect of the cost of obtaining such goods or services, where he or (as the case may be) the other is not entitled to, or to the benefit of, the payment.

(2) The acts referred to in sub-paragraph (1) are—

(a) knowingly making, or causing or knowingly allowing another to make, a false statement or representation; or

(b) in the case of any document or information which he knows to be false in a material particular, producing or providing it or causing or knowingly allowing another to produce or provide it.

(3) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4) A person, although he is not a barrister or solicitor, may conduct any proceedings under this paragraph before a magistrates' court if he is authorised to do so by the Department.

(5) Proceedings for an offence under this paragraph may be begun within either of the following periods—

(a) the period of three months beginning with the date on which evidence, sufficient in the opinion of the Department to justify a prosecution for the offence, comes to its knowledge;

(b) the period of 12 months beginning with the commission of the offence.

(6) For the purposes of sub-paragraph (5), a certificate purporting to be signed by or on behalf of the Department as to the date on which such evidence as is mentioned in head (a) of that sub-paragraph came to its knowledge is conclusive evidence of that date.

(7) Where, in respect of any charge or payment under this Order—

(a) a person is convicted of an offence under this paragraph; or

(b) a person pays any penalty charge, and any further sum by way of penalty, recoverable from him under paragraph 6,

he shall not, in a case within head (a), be liable to pay any such penalty charge or further sum by way of penalty or, in a case within head (b), be convicted of such an offence.

(8) Sub-paragraph (4) of paragraph 5 applies for the purposes of this paragraph as it applies for the purposes of that paragraph.

9.  Without prejudice to any other provision of this Schedule, it shall be lawful for the Ministry [F149 or an [F150 HSC trust]] to require any person, for whom the Ministry[F149 or the [F150 HSC trust]] is providing services under this Order[F149 or the 1991 Order] as an in-patient in hospital and who is absent during the day from the hospital where he is a patient for the purpose of engaging in employment for which he is remunerated, to pay such part of the cost of his maintenance in the hospital, and any costs incidental thereto, as may seem to the Ministry[F149 or the [F150 HSC trust]] to be reasonable having regard to the amount of the remuneration, and the provisions of this Schedule with respect to the recovery of charges shall apply to the recovery of any payment so required. N.I.

F149 1991 NI 1

F150 Words 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)(d); S.R. 2009/114, art. 2

10.  Nothing in Article 98(1) shall operate to restrict the making of provision under this Schedule for the making and recovery of charges or payments in respect of any accommodation or services provided under this Order [F151 or the 1991 Order]. N.I.

F151 1991 NI 1

Prospective

[F152 SCHEDULE 15A N.I. DENTAL CHARGING: EXEMPTIONS

F152 Sch. 15A inserted (prosp.) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 4(3), 18(2)(a)

General exemptions N.I.

1— (1) No charge is to be made under regulations under paragraph 1A(1) of Schedule 15 in respect of a relevant dental service provided for any person who at the prescribed time— N.I.

(a) was under the age of 18;

(b) was under the age of 19 and receiving qualifying full-time education;

(c) was pregnant; or

(d) had given birth to a child within the previous 12 months.

(2) In sub-paragraph (1)(b), “qualifying full-time education” means full-time instruction at a recognised educational establishment or by other means accepted as comparable by the person or body making the regulations.

(3) For the purposes of sub-paragraph (2)—

(a) “recognised educational establishment” means an establishment recognised by the Department as being, or as comparable to, a school, college or university; and

(b) regulations may prescribe the circumstances in which a person is or is not to be treated as receiving full-time instruction.

(4) In sub-paragraph (1)(d), “child” includes a still-born child (within the meaning of the Births and Deaths Registration (Northern Ireland) Order 1976).

(5) This paragraph is subject to paragraph 3.

Repair and replacement N.I.

2— (1) No charge is to be made under regulations under paragraph 1A(1) of Schedule 15 in respect of the repair or replacement of any appliance. N.I.

(2) This paragraph is subject to paragraph 3.

Exceptions to paragraphs 1 and 2 N.I.

3   Paragraphs 1 and 2 do not apply in relation to— N.I.

(a) the repair or replacement of any appliance of a prescribed description; or

(b) the repair or replacement of any appliance where it is determined in the prescribed manner—

(i) in any case, that the repair or replacement was necessitated by an act or omission of the person supplied; or

(ii) in a case where the person supplied was under the age of 16, that the repair or replacement was necessitated by an act or omission, occurring while that person was under that age, of a person having charge of him.

Hospital patients N.I.

4   No charge is to be made under regulations under paragraph 1A(1) of Schedule 15 in respect of any appliance supplied to a patient for the time being resident in a hospital. N.I.

5   Paragraph 4 does not apply where an appliance is supplied— N.I.

(a) under Article 60A(2);

(b) under a general dental services contract; or

(c) in accordance with Article 15B arrangements.

Arrest of bleeding N.I.

6   No charge is to be made under regulations under paragraph 1A(1) of Schedule 15 in respect of the arrest of bleeding. N.I.

Declarations and evidence N.I.

7   Regulations may provide, with respect to any exemption under this Schedule, that it is to be a condition of the exemption that— N.I.

(a) a declaration of the prescribed kind is made in the prescribed form and manner; or

(b) a certificate or other evidence of the prescribed kind is supplied in the prescribed form and manner.]

N.I.

Schedule 16—Amendments

Article 109(2).

SCHEDULE 17 N.I. SAVING, TEMPORARY AND TRANSITIONAL PROVISIONS

Exempted hospitals N.I.

1.—(1) The repeal by this Order of paragraph 2(1) of Schedule 11 to the Health Services Act (Northern Ireland) 1971 [1971 c.1] shall not, except to such extent as may be provided for under sub-paragraph (2) of this paragraph, affect the status, as an exempted hospital, of any hospital in respect of which an order was made under section 23(8) of the Health Services Act (Northern Ireland) 1948 [1948 c.3] . N.I.

(2) Notwithstanding the repeal by this Order of paragraph 2(2) of Schedule 11 to that Act of 1971, arrangements may be made with the governing body of the hospital to which an order under section 23(8) of that Act of 1948 related for the hospital to be treated as a hospital for the purposes of all or any of the provisions of this Order.

Recovery of certain loans N.I.

2.  The repeal by this Order of paragraph 2 of Schedule 11 to the Health Services Act (Northern Ireland) 1971 shall not affect the liability of any person to repay any amount due, or which may become due, under a loan made under section 6 of the Health Services Act (Northern Ireland) 1958 [1958 c.29] , or affect the terms and conditions of a loan so made. N.I.

Saving for allowances, pensions, gratuities and compensation N.I.

3.  The repeal of any enactment by this Order or by any enactment repealed by this Order shall not affect any allowances, pension or gratuity granted under, or any right to compensation accrued or accruing by virtue of, any such enactment before the repeal of that enactment became effective. N.I.

Special provisions as to certain property N.I.

4.  The Belfast City Council may exercise the power conferred on the Lord Mayor, Aldermen and Citizens of the City of Belfast by section 24(1) of and Schedule 3 to, the Health Services Act (Northern Ireland) 1948 and may do so notwithstanding the repeal of section 75 of the Health Services Act (Northern Ireland) 1971. N.I.

Temporary provision as to compensation N.I.

5.—(1) Where— N.I.

(a) in accordance with any enactment mentioned in sub-paragraph (4), compensation has been awarded to any officer in respect of his removal from or relinquishment of office;

(b) that officer subsequently becomes entitled (whether by virtue of any enactment or otherwise) to a superannuation allowance in respect of any office which he has accepted after the date of such removal or relinquishment; and

(c) in the calculation of the amount of such allowance, account has been taken of any period of service in respect of which such compensation is payable;

then, except as provided in sub-paragraph (3), such compensation—

(i) shall cease to be payable if it does not exceed such part of the superannuation allowance as is attributable solely to that period of service;

(ii) shall, if it exceeds such part so attributable, be reduced by an amount equal to that part.

(2) If a person receiving compensation under any enactment mentioned in sub-paragraph (4)—

(a) obtains any office under any local or public body; or

(b) receives, by virtue of this Order or of anything done in pursuance of this Order, any increase in the remuneration of the office held by him at the date at which the compensation was assessed;

then, except as provided in sub-paragraph (3), he shall not, so long as he holds that office or receives that increased remuneration, be entitled to receive, by way of compensation in respect of the office for which compensation is awarded, any greater sum than would make up the amount (if any) by which the remuneration which he is receiving falls short of the remuneration of the office in respect of which compensation was awarded.

(3) The Ministry may, on the application of the person concerned or of the body by which the compensation is payable, direct that the operation of sub-paragraph (1) or, as the case may be, sub-paragraph (2), in relation to that person, shall be modified so far as is, in the opinion of the Ministry, necessary in order equitably to meet the circumstances of the case.

(4) The enactments referred to in sub-paragraphs (1)(a) and (2) are—

(a) Schedule 3 to the Public Health (Tuberculosis) Act (Northern Ireland) 1946 [1946 c.6] , both as originally enacted and as applied by section 2 of the Health Services Act (Northern Ireland) 1958 [1958 c.29] ; and

(b) Schedule 6 to the Health Services Act (Northern Ireland) 1948 [1948 c.3] .

(5) If a person receiving compensation under Schedule 4 to the Public Health and Local Government (Administrative Provisions) Act (Northern Ireland) 1946 [1946 c.19]

(a) obtains any office under the Crown or under any local or other public authority; or

(b) receives, by virtue of this Order or of anything done in pursuance of or in consequence of this Order, any increase of the emoluments of that office held by him;

then he shall not, while receiving the emoluments of that office, receive any greater amount of compensation (if any) than with the emoluments of the said office, is equal to the emoluments for which compensation was granted to him, and if the emoluments of the office he holds are equal to or greater than the emoluments for which compensation was granted, his compensation shall be suspended while he holds that office.

(6) In this paragraph—

(a) in sub-paragraph (2)( a), “local or public body” includes any authority or body specified in paragraph 1 of Schedule 1 to the[F153 Financial Provisions (Northern Ireland) Order 1983 as an authority or body to whom government loans may be made];

(b) in sub-paragraph (5), “local authority” and “emoluments” have the same meanings as in section 29 of and paragraph 17 of Schedule 4 to, the Public Health and Local Government (Administrative Provisions) Act (Northern Ireland) 1946 [1946 c.19] and “local authority” also includes a district council or a joint committee of district councils.

F153 1983 NI 1

Para. 6 rep. by 1978 NI 15

Saving for powers of Ministry of DevelopmentF154 to dispose of former workhouse property N.I.

F154 SRO (NI) 1973/504; 1976 NI 16

7.—(1) The repeal of paragraph 1 of Schedule 3 to the Welfare Services Act (Northern Ireland) 1971 [1971 c.2] shall not affect any power of the Ministry of DevelopmentF155 to dispose of, in accordance with the provisions of section 3 of the Welfare Services Act (Northern Ireland) 1949 [1949 c.1] , any former workhouse property still held by that Ministry at the commencement of this Order. N.I.

(2) In this paragraph, “former workhouse property” means any land (not being property which was subject to the provisions of section 23(2) or (3A) of the Health Services Act (Northern Ireland) 1948 [1948 c.3] ) which was, immediately before the 20th January 1949, held by the Ministry of Health and Local Government under any of the provisions of the Poor Relief Acts (Northern Ireland) 1838 to 1937.

F155 SRO (NI) 1973/504; 1976 NI 16

Care of patients under Part III of Mental Health Act N.I.

8.  Where immediately before [F156 1st October, 1973] a hospital order or a guardianship order made under Part III of the Mental Health Act is in force by virtue of which a person is committed to the care of the Northern Ireland Hospitals Authority or the guardianship of a management committee the order shall have effect on and after [F156 1st October, 1973] as if it committed him to the care of the Ministry or, as the case may be, the guardianship of a Health and Social Services Board. N.I.

F156 1972 NI 21

Para. 9. rep. by 1995 NI 2

Saving for sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954 N.I.

10.  Nothing in this Order shall affect the provisions of sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] (effect of repeals and of substituting provisions). N.I.

N.I.

Schedule 18—Repeals