The Health Services (Primary Care) (Northern Ireland) Order 1997 No. 1177 (NI. 7)

PART III N.I. PRIMARY CARE

Personal medical or dental services N.I.

Provision of personal medical or dental services N.I.

21.  In the 1972 Order, after Article 15A, insert—

“Provision of personal medical or dental services N.I.

Personal medical or dental services

15B.— (1) A Health and Social Services Board may make one or more agreements with respect to its area, in accordance with the provisions of regulations under Article 15D, under which—

(a) personal medical services are provided (otherwise than by the Board); or

(b) personal dental services are provided (otherwise than by the Board).

(2) An agreement made under this Article—

(a) may not combine arrangements for the provision of personal medical services with arrangements for the provision of personal dental services; but

(b) may include arrangements for the provision of [F1 health care]—

(i) which are not personal medical services or personal dental services; but

(ii) which may be provided under this Part.

(3) Except to such extent as may be prescribed—

(a) a patient for whom personal medical services are provided in accordance with an agreement made under this Article is not to count as a person for whom arrangements must be made by the Health and Social Services Board concerned under Article 56;

(b) a patient for whom personal dental services are provided under an agreement made under this Article is not to count as a person for whom arrangements must be made by the Health and Social Services Board concerned under Article 61.

(4) This Order has effect, in relation to personal medical services or personal dental services provided under an agreement made under this Article, as if those services were provided as a result of the delegation by the Department (by directions given under Article 17) of functions of the Department under this Part.

(5) The functions of a Health and Social Services Board in relation to an agreement made under this Article are primary functions of the Board for the purposes of Article 9 of the 1991 Order.

(6) For the purposes of this Article—

“personal medical services” means medical services of a kind that may be provided by a general medical practitioner in accordance with arrangements made under Part VI; and

“personal dental services” means dental services of a kind that may be provided by a general dental practitioner in accordance with arrangements made under Part VI.

Persons with whom agreements may be made

15C.— (1) A Health and Social Services Board may make an agreement under Article 15B only with one or more of the following—

(a) an [F2 HSC trust];

(b) in the case of an agreement under which personal medical services are provided—

(i) a qualifying medical practitioner;

(ii) an individual who is providing personal medical services in accordance with Article 15B arrangements;

(c) in the case of an agreement under which personal dental services are provided—

(i) a qualifying dental practitioner;

(ii) an individual who is providing personal dental services in accordance with Article 15B arrangements;

(d) an [F3 HSC employee] or an Article 15B employee;

(e) a qualifying body.

(2) In this Article—

“ [F3 HSC employee]” means an individual who, in connection with the provision of [F1 health care], is employed by—

(a) an [F2 HSC trust];

(b) in the case of an agreement under which personal medical services are provided—

(i) a medical practitioner whose name is included in a medical list; or

(ii) a medical practitioner who is providing personal medical services in accordance with Article 15B arrangements;

(c) in the case of an agreement under which personal dental services are provided—

(i) a dental practitioner whose name is included in a list prepared in accordance with regulations made under Article 61(2)(a); or

(ii) a dental practitioner who is providing personal dental services in accordance with Article 15B arrangements;

“qualifying body” means—

(a) a company which is limited by shares all of which are legally and beneficially owned by persons falling within sub-paragraphs (a) to (d) of paragraph (1); and also

(b) in the case of an agreement under which personal dental services are provided, a body corporate which, in accordance with the provisions of Part IV of the Dentists Act 1984, is entitled to carry on the business of dentistry;

“qualifying dental practitioner” means a dental practitioner who satisfies the conditions imposed by regulations made under Article 15D(2)(b);

“qualifying medical practitioner” means a medical practitioner who satisfies the conditions imposed by regulations made under Article 15D(2)(b);

“Article 15C employee” means an individual who, in connection with the provision of services in accordance with Article 15C arrangements, is employed by an individual providing those services.”.

F1 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(b) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

F2 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

F3 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(f) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2