Explanatory Note
(This note is not part of the Regulations)
These Regulations are made under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (“the Order”). Part II of the Order establishes the Northern Ireland Health and Personal Social Services Regulation and Improvement Authority (“the Regulation and Improvement Authority”) and Part III provides for the registration and inspection of establishments and agencies, including independent health care establishments and agencies, by the Regulation and Improvement Authority. It also provides powers for regulations governing the conduct of establishments and agencies.
Regulation 4 provides that “listed services” include treatment using the prescribed techniques and technology set out in regulation 4(1). Regulation 4(2) then excepts certain techniques and technology from being listed services, and regulation 3 excludes certain establishments from the definition of an independent hospital under Article 2 of the Order. These include establishments providing medical or psychiatric treatment but which have no overnight beds for patients, establishments which are service hospitals under the Armed Forces Act 1981, or which are establishments catering for offenders. In addition, independent clinics (as defined in these Regulations) are excluded, as are establishments where general practitioners provide HPSS services, but where there may be a small minority of private patients who also receive treatment. The private residence of a patient is also excluded provided that treatment is provided there only to that patient, as are surgeries and consulting rooms (which are separate from a hospital) which provide medical services under arrangements made on behalf of patients by their employers or others, and sports grounds and gymnasia where treatment is given to those taking part in sporting activities and events.
Regulation 4(3) modifies the definition of cosmetic surgery for the purpose of Article 2(7) of the Order.
Regulation 5 defines the meaning of the term “independent clinic” and regulation 6 excepts certain establishments from being an independent medical agency.
By regulation 7, each establishment or agency must have a statement of purpose consisting of the matters set out in Schedule 1, and a patients' guide to the establishment or agency must be carried on in a manner which is consistent with the statement of purpose.
Regulations 10 to 14 make provision about the fitness of the persons carrying on and managing an establishment or agency and require satisfactory information to be obtained in relation to the matters prescribed in Schedule 2. Where the provider is an organisation, it must nominate a responsible individual in respect of whom this information must be available (regulation 10). Regulation 11 prescribes the circumstances where a manager must be appointed for the establishment or agency, and relation 13 imposes general requirements in relation to the proper conduct of the establishment or agency, and the need for appropriate training.
Part III makes provision about the conduct of establishments or agencies, in particular about the quality of the services to be provided in an establishment or agency, including matters relating to privacy, dignity and religious observance, the staffing of the establishment or agency and the fitness of workers and about complaints and record keeping (regulation 21 and Schedule 3). Provision is also made about the suitability of premises and the fire precautions to be taken and the management of establishments and agencies. The registered provider is required to visit the establishment or agency as prescribed (regulation 26), and regulation 27 imposes requirements relating to the financial viability of the establishment or agency. Regulations 28 to 32 deal with the giving of notices to the Regulation and Improvement Authority.
Part IV and Schedule 4 set out additional requirements that apply to independent hospitals, and Part V sets out additional requirements applying to independent medical agencies.
Part VI deals with miscellaneous matters. In particular, regulation 42 provides for offences. A breach of regulations 7, 8, 14, 15, 16(1) to (4), 17 to 32 and 34 to 40 may found an offence on the part of the registered person. However, no prosecution may be brought unless the Regulation and Improvement Authority has given the registered person a notice which sets out in what respect it is alleged he is not complying with a regulation, and what action, and by when the Regulation and Improvement Authority considers it is necessary in order to comply with the regulation.