1999 No. 15
HEALTH AND PERSONAL SOCIAL SERVICES
The Health Services (Tribunal and Disciplinary Procedures) (Amendment) Regulations (Northern Ireland) 1999
Made 18th January 1999
Coming into operation 1st April 1999

The Department of Health and Social Services, in exercise of the powers conferred on it by Articles 56, 65 and 106(b) of, and paragraphs 1, 8 and 8C(2) of Schedule 11 to, the Health and Personal Social Services (Northern Ireland) Order 1972, and Articles 14 and 31(2) of, and paragraphs 3(4) and (5) and 7 of Schedule 1 to, the Health Services (Primary Care) (Northern Ireland) Order 1997 and of all other powers enabling it in that behalf, and after consultation with such organisations as appear to the Department of Health and Social Services to be representative of the medical profession as required by Article 56(5) of the said Order, hereby makes the following Regulations:
S.I. 1972/1265 (N.I. 14); the relevant amending instruments are S.I. 1978/1907 (N.I. 14), S.I. 1981/432, S.I. 1986/2229 (N.I. 24), S.I. 1988/2249 (N.I. 24), S.I. 1991/194 (N.I. 1) and S.I. 1995/2704 (N.I. 14)
S.I. 1997/1177 (N.I. 7)

1 Citation and commencement
These Regulations may be cited as the Health Services (Tribunal and Disciplinary Procedures) (Amendment) Regulations (Northern Ireland) 1999, and shall come into operation on 1st April 1999.

2 Amendment of the Tribunal Regulations (Northern Ireland) 1995
The Tribunal Regulations (Northern Ireland) 1995 shall be amended as follows–
(a) in regulation 2(1) (interpretation)–
(i) the following definition shall be inserted before the definition of “Board”–

““the 1997 Order” means the Health Services (Primary Care) (Northern Ireland) Order 1997;”

,
(ii) in the definitions of “doctor” and “medical list”, for the words “General Medical and Pharmaceutical Services Regulations (Northern Ireland) 1973” there shall be substituted “General Medical Services Regulations (Northern Ireland) 1997;”,
S.R. 1997 No. 380; as amended by S.R. 1998 No. 9
(iii) in the definition of “inquiry”, after the word “Order” there shall be inserted “or under Schedule 1 to the 1997 Order”,
(iv) in the definition of “representations”, after the words “the Order” there shall be inserted “or paragraph 3(1) or (2) of Schedule 1 to the 1997 Order”, and
(v) in the definition of “respondent”, after paragraph (b) there shall be inserted the following paragraph–

“(c) in relation to an application under paragraph 5 of Schedule 1 to the 1997 Order, the Board in whose list the applicant had not been included pursuant to a direction under paragraph 4(1) of that Schedule;”

,
(b) in regulation 7 (making of representations and preliminary matters),–
(i) for paragraph (1) there shall be substituted the following paragraph–

“1 Representations to the Tribunal–
(a) under paragraph 1(1) of Schedule 11 to the Order, that the continued inclusion of a person’s name in any list prepared under Part VI of the Order to which the representations relate would be prejudicial to the efficiency of the services in question; or
(b) under paragraph 3 of Schedule 1 to the 1997 Order, that the inclusion of a person’s name in a medical list would be prejudicial to the efficiency of general medical services,
shall be made in accordance with this regulation.
1A Subject to paragraph (1B), the representations referred to in paragraph (1) shall–
(a) be made in writing;
(b) be signed by the complainant or on his behalf by some person authorised by him; and
(c) include a preliminary statement of the alleged facts and the grounds upon which he intends to rely,
and shall be sent to the Tribunal.
1B The representations referred to in paragraph (1)(b) shall be sent to the Tribunal before the end of the period of two weeks beginning with the date on which the Department publishes information under regulation 15A about the person’s application for his name to be included in a medical list.;”

(ii) in paragraph (2)–
(aa) for “the period of 28 days beginning with the day on which the Tribunal sent him notice of its requirement” there shall be substituted “such period (being not less than 14 nor more than 28 days), beginning with the day on which the Tribunal sent him notice of its requirement, as the Tribunal shall specify in its notice”; and
(bb) for “paragraph (1)(c)” there shall be substituted “paragraph (1A)(c)”;
(iii) in paragraph (6)(a), for “paragraph (1)(c)” there shall be substituted “paragraph (1A)(c)”;
(c) in paragraph (4)(c) of regulation 9, for “regulation 8(7)” there shall be substituted “regulation 8(10)”;
(d) in regulation 10 (inquiry as to representations),–
(i) in paragraph (4)(c), after “the Order” there shall be inserted “or under paragraph 4(1) of Schedule 1 to the 1997 Order”,
(ii) in paragraph (6)–
(aa) after “contains a direction under paragraph 3 of Schedule 11 to the Order” there shall be inserted “or under paragraph 4(1) of Schedule 1 to the 1997 Order”,
(bb) after “or both” there shall be inserted “, or a direction under paragraph 4(1) of Schedule 1 to the 1997 Order”;
(e) for regulations 12 and 13 there shall be substituted the following regulation–

“12 Applications for removal of disqualification
1 An application–
(a) under paragraph 6 of Schedule 11 to the Order, for the inclusion or restoration of a person’s name in any list to which a direction under paragraph 3 of that Schedule relates; or
(b) for a direction, under paragraph 5 of Schedule 1 to the 1997 Order, that a person shall no longer be disqualified for inclusion in any medical list to which a direction under paragraph 4 of that Schedule relates,
may be made to the Tribunal and shall be made in accordance with this regulation.
2 An application made under paragraph (1) shall–
(a) be made in writing;
(b) be signed by or on behalf of the applicant;
(c) contain a statement of the grounds on which it is made; and
(d) include a copy of each document which the applicant proposes to put in evidence,
and shall be sent to the Tribunal.
3 The Tribunal shall send to the respondent a copy of the application, together with a copy of any document included with it under paragraph 12(2)(d).
4 The applicant may, at any time before the Tribunal has considered the application, with the consent of the Tribunal and on such terms as it thinks fit, withdraw his application by giving notice of withdrawal in writing to the Tribunal; and where an application is withdrawn the Tribunal shall inform the respondent in writing.
5 The Tribunal shall consider the application and decide–
(a) where the applicant’s name has been removed from any list pursuant to a direction under paragraph 3 of Schedule 1 to the Order, whether the applicant’s name should be included in or restored to the list in which it had not been included or from which it had been removed; or
(b) whether any disqualification imposed following a direction given under paragraph 4 of Schedule 1 to the 1997 Order should be removed.
6 Where an inquiry is to be held by way of an oral hearing, the provisions of Schedule 2 shall apply with respect to that hearing.
7 After the Tribunal has considered the application it shall, as soon as practicable, issue a decision in writing, signed by the chairman or a duty chairman of the Tribunal, containing–
(a) its findings of fact;
(b) its conclusions;
(c) any decision it reaches as to inclusion or restoration of a person’s name in any list from which it has been removed following a direction under paragraph 3 of Schedule 11 to the Order, or (as the case may be) any direction it decides to make under paragraph 5 of Schedule 1 to the 1997 Order; and
(d) any order it decides to make as to costs.
8 The Tribunal shall send a copy of its decision to the applicant, the respondent and the Department; and the Department shall send a copy of the decision to the Agency and to any other Board which appeals to it to be concerned.”

;
(f) in regulation 14 (publication of decisions), after sub-paragraph (e) of paragraph (1) there shall be inserted–

“(f) any direction of the Tribunal under paragraph 4(1) or 5 of Schedule 1 to the 1997 Order;
(g) any imposition or removal of a disqualification referred to in paragraph 6 of Schedule 1 to the 1997 Order (directions in Great Britain).”

;
(g) after regulation 15 there shall be inserted the following regulation–

“15A Publication of information about applications involving preferential treatment
The Department shall publish in such a manner as it thinks fit information about–
(a) applications made to Boards for inclusion in their medical list of the names of medical practitioners in respect of whom Schedule 1 to the 1997 Order applies; and
(b) the right of persons to make representations against such applications.”

;
(h) in regulation 17 (power to extend time limits), in paragraph (3), for “regulation 7(2)” there shall be substituted “regulation 7(1B), (2)”;
(i) in regulation 18(1), for “regulation 8(7)” there shall be substituted “regulation 8(10)”;
(j) in Schedule 1 (forms for use in proceedings before a Tribunal), Parts I and II shall each be amended as follows–
(i) for “In the matter of the Health and Personal Social Services (Northern Ireland) Order 1972” there shall be inserted “In the matter of [(ba)]”,
(ii) for “continued inclusion” there shall be substituted “[continued (ea)] inclusion”,
(iii) after note (b) there shall be inserted–

“(ba) the Health and Personal Social Services (Northern Ireland) Order 1972 or the Health Services (Primary Care) (Northern Ireland) Order 1997, as the case may be;”

,
(iv) after note (e) there shall be inserted–

“(ea) delete the word “continued” if the representations are being made under Schedule 1 to the Health Services (Primary Care) (Northern Ireland) Order 1997;”

;
(k) in Schedule 2 (hearing under Part II)–
(i) in paragraph 1, after “inquiry shall” there shall be inserted “, whether or not on application by any party,”,
(ii) in paragraph 2, after “practices” there shall be inserted “(or, in the case of representations made under the 1997 Order, in whose medical list the respondent is seeking to be included)”.
S.R. 1995 No. 493; as amended by S.R. 1997 No. 71

3 Amendment of the Health and Personal Social Services (Disciplinary Procedures) Regulations (Northern Ireland) 1996
The Health and Personal Social Services (Disciplinary Procedures) Regulations (Northern Ireland) 1996 shall be amended as follows–
(a) in regulation 2(1) (interpretation), the following definitions shall be inserted at the appropriate point in alphabetical order–

““the 1997 Order” means the Health Services (Primary Care) (Northern Ireland) Order 1997;”

““personal medical services” has the meaning given in Article 3(7) of the 1997 Order;”

““pilot scheme” has the meaning given in Article 3(1) of the 1997 Order;”

““pilot scheme practitioner” has the meaning given in Article 16(3) of the 1997 Order;”

; and
(b) regulation 4 (provisions relating to the start of disciplinary proceedings) shall be amended as follows–
(i) in paragraph (5), after “doctor was included” there shall be inserted–

“; or
(c) with which the agreement constituting the pilot scheme was made, where the matter relates to the act or omission of a doctor when temporarily performing personal medical services in connection with a pilot scheme in place of a pilot scheme practitioner who is normally responsible for the performance of those services”

; and
(ii) in paragraph 6(a), after “relevant time” there shall be inserted–

“or who at the relevant time was a pilot scheme practitioner”

.
S.R. 1996 No. 137
Sealed with the Official Seal of the Department of Health and Social Services on
Joan Dixon Assistant Secretary 18th January 1999.

(This note is not part of the Regulations.)
These Regulations further amend the Tribunal Regulations (Northern Ireland) 1995 (“the Tribunal Regulations”), in order to implement the provisions of Schedule 1 to the Health Services (Primary Care) (Northern Ireland) Order 1997 (“the 1997 Order”). The Regulations also make minor or consequential amendments to the Tribunal Regulations.
Schedule 1 to the 1997 Order applies where the Department of Health and Social Services (“the Department”) determines that a medical practitioner should be given preferential treatment when making an application for his name to be included in a Health and Social Services Board’s (“a Board”) medical list after ceasing to perform personal medical services. The 1997 Order provides that a Board or any other person may make representations to the Tribunal against preferential treatment.
The Regulations provide that the procedure relating to such representations against such preferential treatment will be similar to the provisions made for other representations to the Tribunal, except that any representations against preferential treatment must be made within a period of 14 days from the date on which the Department publishes information about an application for inclusion in a medical list from a medical practitioner whom the Department has determined should be given preferential treatment.
The 1997 Order provides that where representations against preferential treatment have been made, the Tribunal may direct that the person’s name may not be included in the medical list kept by the Board. These Regulations provide for a procedure whereby someone who is subject to such a direction may apply to the Tribunal for the direction to be removed.
The Regulations also make consequential amendments to the Health and Personal Social Services (Disciplinary Procedures) Regulations (Northern Ireland) 1996 to take account of a pilot scheme doctor acting as a deputy for a general practitioner, and vice versa.