17.—(1) Any one or more medical practitioners who are providing general medical services in accordance with arrangements under Article 56 of the principal Order may apply to the Department for recognition as a fund-holding practice.
(2) The Department shall not grant recognition as a fund-holding practice unless the medical practitioner or, as the case may be, each of the medical practitioners concerned fulfils such conditions as may be prescribed.
(3) Regulations may make provision with respect to—
(a)the making of applications under paragraph (1);
(b)the granting and refusal of recognition as a fund-holding practice;
(c)the conditions to be fulfilled for obtaining and continuing to be entitled to such recognition;
(d)withdrawing from, or becoming a member of, an existing recognised fund-holding practice; and
(e)the continuity or otherwise of a recognised fund-holding practice in the event of the death or withdrawal of a member or the addition of a new member.
18.—(1) In respect of each financial year, the Department shall be liable to pay to the members of each recognised fund-holding practice a sum calculated in such manner and by reference to such factors as the Department may determine (in this Article referred to as an “allotted sum”).
(2) The liability to pay an allotted sum under paragraph (1) may be discharged, in whole or in part, in either of the following ways—
(a)by making payments on account of the allotted sum at such times and in such manner as the Department may determine; and
(b)by discharging liabilities of the members of the practice to any other person (including, in particular, liabilities under HSS contracts);
and any reference in the following provisions of this Part to payment of or of a part of an allotted sum includes a reference to the discharge, in accordance with this paragraph, of the whole or part of the liability to pay that sum.
(3) The members of a recognised fund-holding practice may apply an allotted sum only for purposes specified in regulations under paragraph (4).
(4) Regulations shall make provision with respect to the purposes for which allotted sums are to be or may be applied and may make provision generally with respect to the operation of recognised fund-holding practices in relation to allotted sums; and the regulations may, in particular,—
(a)require the members of a practice to pay to the Department out of allotted sums paid to them an amount determined in accordance with the regulations as the basic cost of the drugs, medicines and listed appliances supplied pursuant to orders given by or on behalf of members of the practice;
(b)provide that the goods and services, other than general medical services, which may be purchased by or on behalf of the members of a practice out of allotted sums for the individuals on the lists of patients of the members of the practice shall be such as may be specified in a list approved for the purpose under the regulations; and
(c)impose a limit on the amount which may be spent out of an allotted sum on the provision of goods and services for any one individual, being a limit above which the cost of any goods and services for that individual in the financial year in question will fall to be met by the Health and Social Services Board whose primary functions (as defined in Article 9(5)) include the provision of goods and services (not necessarily the goods and services in question) to the individual concerned.
(5) In accordance with directions under Article 17 of the principal Order, the relevant Health and Social Services Board shall monitor the expenditure of the members of a recognised fund-holding practice and may institute an audit and review in any case where the Board considers it necessary to do so.
(6) In paragraph (4)(a) “listed” has the same meaning as in Article 63 of the principal Order.
(7) In paragraph (5) “the relevant Health and Social Services Board” in relation to a recognised fund-holding practice means—
(a)where all the members in that practice have entered into arrangements under Article 56 of the principal Order with the same Board and none of those members has entered into such arrangements with any other Board, the Board with which all the members have entered into such arrangements;
(b)in any other case, the Board in whose area resides the largest number of individuals who are on the lists of patients of the members of the practice.
19.—(1) Regulations may make provision as to the circumstances in which the members of a recognised fund-holding practice may renounce that status and such regulations may, in particular, make provision as to—
(a)the notice to be given and the number of members of the practice by whom it is to be given;
(b)the procedure to be followed; and
(c)the consequences of such a renunciation.
(2) Regulations may make provision as to the circumstances in which and the grounds on which the Department may remove recognition from the members of a fund-holding practice,—
(a)with immediate effect; or
(b)with effect from the end of a particular financial year; or
(c)with effect from such other date as may be specified by the Department.
(3) Where provision is made as mentioned in paragraph (2), regulations shall make provision with respect to—
(a)the procedure for the removal of recognition; and
(b)the consequences of the removal of recognition.
(4) Without prejudice to the generality of the powers conferred by paragraph (3), regulations making provision as mentioned in sub-paragraph (b) of that paragraph—
(a)may provide for the transfer of rights and obligations from the members of the fund-holding practice to one or more Health and Social Services Boards determined in accordance with the regulations;
(b)may provide for the recovery of sums from the members of the practice; and
(c)may require the members of the practice to furnish such information as may reasonably be required by the Department.
(5) Where any part of an allotted sum has been applied by the members of a recognised fund-holding practice (or any one or more of them) for purposes other than those specified in regulations under Article 18(4), regulations may make provision for and in connection with the recovery by the Department of an amount equal to that part.
20.—(1) If the Department by regulations so provides, such of the functions of the Department under Articles 17 to 19 as are specified in, or determined in accordance with, the regulations shall become functions of a Health and Social Services Board with effect from such date as may be prescribed.
(2) Regulations under this Article shall make provision for determining the Health and Social Services Board which is to exercise any of the functions concerned in relation to the members of any existing recognised fund-holding practice and in relation to any medical practitioners wishing to apply for recognition.
(3) Regulations under this Article may make such incidental and consequential modifications of the principal Order and of Articles 17 to 19 as appear to the Department to be necessary or expedient in consequence of the transfer of functions effected by the regulations.