The Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations.)

These Regulations provide for lists (“primary medical services performers lists”) of general medical practitioners performing primary medical services for which Boards are, under Article 56 of the Health and Personal Social Services (Northern Ireland) Order 1972 (“the 1972 Order”), under a duty to provide or secure the provision of, to be kept by those Boards.

Regulation 3 provides that medical practitioners, subject to certain exceptions, may not perform primary medical services for which a Board is under a duty to provide or secure the provision of unless they are included in a list maintained by the Board.

Regulations 4 and 5 provide for the preparation, maintenance and publication of lists by Boards.

Regulation 6 makes provision in relation to applications for inclusion in primary medical services performers lists and Schedule 1 sets out the information, declarations and undertakings to be supplied on application.

Regulation 7 makes provision for the grounds on which an application must be refused or deferred.

Regulation 8 and paragraph 3 of Schedule 1 set out the requirements with which a performer included in a list must comply.

Regulations 9 and 10 make provision for removals of performers from the primary medical services performers list, including the grounds for removal, and regulation 11 makes provision to permit Boards to re-include in a list persons removed on the grounds of a criminal conviction where the person has successfully appealed against conviction, or in certain circumstances, sentence.

Regulation 12 sets out the circumstances in which a performer included in a primary medical services performers list may not withdraw from it.

Regulation 13 makes provision for appeals to the Department against decisions of Boards to refuse to include a person in a primary medical services performers list, or to remove them from the list on the ground that the person has not performed primary medical services in the last 12 months.

Regulation 14 makes provision for the disclosure of information by Boards about applicants for inclusion on primary medical services performers lists, refusals of applications, removals and references to the Tribunal.

Regulation 15 provides for the making of payments by Boards to general medical practitioners who have been suspended by the Tribunal under paragraph 9 (applications for interim suspension) or paragraph 10 (suspension pending appeal) of Schedule 11 to the 1972 Order or under corresponding provisions in operation in England, Wales or Scotland in consequence of that suspension.