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Health (Miscellaneous Provisions) Act (Northern Ireland) 2008

Consolidated Text As Enacted Cited authorities 20 Cited in Amendments 13 Related
Vincent
JurisdictionNorthern Ireland
Citation2008 NI c 2
Year2008
(1) Article 57G of the Order of 1972 (persons performing primary medical services) shall be amended as follows.(2) In paragraph (1) for “by the Health and Social Services Board” substitute “ by a Health and Social Services Board ”.(3) After paragraph (3) insert—
  • “(3A) Regulations under paragraph (1) may, in particular, also provide for—
  • (a) a person's inclusion or continued inclusion in a list to be subject to conditions determined by a Health and Social Services Board;
  • (b) a Board to vary the conditions or impose different ones;
  • (c) the consequences of failing to comply with a condition (including removal from a list) ;
  • (d) the review by a Board of decisions made by it by virtue of the regulations.
a person's inclusion or continued inclusion in a list to be subject to conditions determined by a Health and Social Services Board;a Board to vary the conditions or impose different ones;the consequences of failing to comply with a condition (including removal from a list) ;the review by a Board of decisions made by it by virtue of the regulations.preventing any prejudice to the efficiency of the services to which the list relates, orpreventing fraud.(1) After Article 60 of the Order of 1972 (prohibition of sale of, etc. medical practices) , omit the cross-heading “General Dental Services, General Ophthalmic Services and Pharmaceutical Services” and insert—
    Primary dental services
    (60A) Primary dental services
  • (1) F36The Department shall, to the extent that it considers necessary to meet all reasonable requirements, ... provide primary dental services ..., or secure their provision ....
  • (2) F39The Department may (in addition to any other power conferred on it) —
  • (a) provide primary dental services itself ...;
F36The Department shall, to the extent that it considers necessary to meet all reasonable requirements, ... provide primary dental services ..., or secure their provision ....provide primary dental services itself make such arrangements for their provision F41The Department shall publish information about such matters as may be prescribed in relation to the primary dental services provided under this Part.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Regulations may provide that services of a prescribed description are, or are not, to be regarded as primary dental services for the purposes of this Part.Regulations under this Article may in particular describe services by reference to the manner or circumstances in which they are provided.(2) For Article 61 of the Order of 1972 (arrangements for general dental services) substitute—
    General dental services contracts
    (61) General dental services contracts: introductory
  • (1) F16The Department may enter into a contract under which primary dental services are provided in accordance with the following provisions of this Part.
  • (2) A contract under this Article is called in this Order a “general dental services contract”.
  • (3) Subject to any provision made by or under this Part, a general dental services contract may make such provision as may be agreed between F17the Department and the contractor or contractors in relation to—
  • (a) the services to be provided under the contract,
  • (b) remuneration under the contract, and
  • (c) any other matters.
F16The Department may enter into a contract under which primary dental services are provided in accordance with the following provisions of this Part.A contract under this Article is called in this Order a “general dental services contract”.the services to be provided under the contract,remuneration under the contract, andany other matters.services which are not primary dental services;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .In this Part, “contractor”, in relation to a general dental services contract, means any person entering into the contract with F17the Department .A general dental services contract shall require the contractor or contractors to provide, for his or their patients, primary dental services of such descriptions as may be prescribed.Regulations under paragraph (1) may in particular prescribe services by reference to the manner or circumstances in which they are provided.a dental practitioner;a dental corporation;two or more individuals practising in partnership where the conditions in paragraph (2) are satisfied.at least one partner is a dental practitioner; andan [an Article 15B employee, a section 28C employee or a section 17C employee;a health care professional who is engaged in the provision of services under this Order; oran individual falling within Article 15C(1) (c) (iii) .Regulations may make provision as to the effect, in relation to a general dental services contract entered into by individuals practising in partnership, of a change in the membership of the partnership.In this Article—
  • “dental corporation” means 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;
  • “health care professional” has the same meaning as in Article 15C;
  • “[
    • HSC employee]”, “Article 15B employee”, “section 28C employee” and “section 17C employee” have the same meaning as in Article 15C.
The Department may F20make a scheme providing for payments to be made under general dental services contracts.A general dental services contract must require payments to be made under the contract in accordance with F21any scheme for the time being in force under this Article.provide for payments to be made by reference to compliance with standards or the achievement of levels of performance;F24any method of calculation or scale specified in the F23scheme ; ora determination made by any person in accordance with factors specified in the F23scheme ;provide for the making of payments in respect of individual practitioners;provide that the whole or any part of a payment is subject to conditions (and may provide that payments are payable by F25the Department only if it is satisfied as to certain conditions) ;make provision having effect from a date before the date of the F23scheme , provided that, having regard to the F23scheme as a whole, the provision is not detrimental to the persons to whose remuneration it relates.shall consult any body appearing to it to be representative of persons to whose remuneration the F27scheme would relate, andmay consult such other persons as it thinks appropriate.The Department must publish a scheme under paragraph (1) in such manner as it thinks appropriate.References in this Article to payments include fees, allowances, reimbursements, loans and repayments.A general dental services contract shall contain such provision as may be prescribed (in addition to the provision required by the preceding provisions of this Part) .the manner in which, and standards

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