The Health and Personal Social Services Act (Northern Ireland) 2001 (Fund-holding Practices) (Transfer of Assets, Rights and Liabilities and Transitional Provisions) Order (Northern Ireland) 2002

Explanatory Note

(This note is not part of the Order.)

This Order makes transitional provisions in connection with the abolition, by section 39 of the Health and Personal Social Services Act (Northern Ireland) 2001, of the system of GP fund-holding as established by the Health and Personal Social Services (Northern Ireland) Order 1991.

In particular, the Order provides for the transfer of assets, rights and liabilities connected with fund-holding to the relevant Health and Social Services Board of the former fund-holding practice (Articles 2 and 3) and for the use by the Health and Social Services Board of those assets in meeting rights and liabilities transferred to it and those retained by the former members of fund-holding practices (Articles 4 and 5).

Where there are still assets remaining after all the liabilities of the former fund-holding practice have been met the balance is to be applied by the Health and Social Services Board up to a specified maximum amount and for specified purposes (Article 8).

In Parts V and VI, provision is made so that, notwithstanding the abolition of fund-holding, obligations relating to accounts apply until final accounts have been audited and submitted, complaints in relation to the conduct of a fund-holding practice may still be examined, outstanding matters relating to the use of savings from fund-holding may be resolved and misapplied allotted sums recovered, on and after 1st April 2002.

The Statement referred to in Article 8(4)(d) is available from the Department of Health, Social Services and Public Safety, Dundonald House, Upper Newtownards Road, Belfast BT4 3TA.