Health Services (Primary Care) (Northern Ireland) Order 1997

JurisdictionUK Non-devolved
CitationSI 1997/1177

1997 No. 1177 (N.I. 7)

NORTHERN IRELAND

The Health Services (Primary Care) (Northern Ireland) Order 1997

Made 8th April 1997

Laid before Parliament 14th May 1997

Coming into operation on days to be appointed under Article 1(2)

At the Court at Windsor Castle, the 8th day of April 1997

Present,

The Queen’s Most Excellent Majesty in Council

Whereas this Order is made only for purposes corresponding to purposes of the1National Health Service (Primary Care) Act 1997 (except sections 32 to 34):

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the2Northern Ireland Act 1974 (as modified by section 38 of the said Act of 1997) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1 INTRODUCTORY

PART I

INTRODUCTORY

Title and commencement
S-1 Title and commencement

Title and commencement

1.—(1) This Order may be cited as the Health Services (Primary Care) (Northern Ireland) Order 1997.

(2) This Order shall come into operation on such day or days as the Department may by order appoint.

(3) The Department may not make an order under paragraph (2) bringing Article 21 into operation unless it is satisfied, having regard in particular to reviews of pilot schemes which have been conducted under Article 9, that it would be in the interests of any part of the health services to bring Article 21 into operation.

(4) An order under paragraph (2) may contain such transitional provisions or savings as the Department considers appropriate.

(5) A board or HSS trust is to be taken as having, at any time before the coming into operation of any provision of this Order, power to prepare for that coming into operation.

Interpretation
S-2 Interpretation

Interpretation

2.—(1) The 3Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) Subject to paragraph (3), this Order is to be read as one with the 1972 Order.

(3) In this Order—

“board” means a Health and Social Services Board;

“the 1972 Order” means the4Health and Personal Social Services (Northern Ireland) Order 1972;

“pilot scheme” and “piloted services” have the meaning given in Article 3;

“regulations” means regulations under this Order.

(4) Except in Articles 15B and 15D of the 1972 Order—

(a)

(a) references in any statutory provision to arrangements made under Article 15B of the 1972 Order are to be read, except where the context otherwise requires, as including references to pilot schemes; and

(b)

(b) references in any statutory provision to services under Article 15B of the 1972 Order, or to services provided in accordance with arrangements made under that Article, are to be read, except where the context otherwise requires, as including references to piloted services.

2 PILOT SCHEMES FOR PRIMARY CARE

PART II

PILOT SCHEMES FOR PRIMARY CARE

Preparation and making of pilot schemes

Preparation and making of pilot schemes

S-3 Pilot schemes

Pilot schemes

3.—(1) In this Order “pilot scheme” means one or more agreements made by a board with respect to its area and in accordance with this Part under which—

(a)

(a) personal medical services are provided (otherwise than by the board); or

(b)

(b) personal dental services are provided (otherwise than by the board).

(2) A pilot scheme may not combine arrangements for the provision of personal medical services with arrangements for the provision of personal dental services.

(3) A pilot scheme may include arrangements for the provision of health services—

(a)

(a) which are not personal medical services or personal dental services; but

(b)

(b) which may be provided under Part II of the 1972 Order.

(4) In this Order “piloted services” means services provided in accordance with a pilot scheme (including any services to which the scheme applies by virtue of paragraph (3)).

(5) Except to such extent as may be prescribed—

(a)

(a) a patient for whom personal medical services are provided under a pilot scheme is not to count as a person for whom arrangements must be made by the board concerned under Article 56 of the 1972 Order;

(b)

(b) a patient for whom personal dental services am provided under a pilot scheme is not to count as a person for whom arrangements must be made by the board concerned under Article 61 of the 1972 Order.

(6) The functions of an HSS trust include power to provide piloted services, and to do so as a member of a qualifying body (within the meaning of Article 4 or 5).

(7) For the purposes of this Part—

“personal medical services” means medical services of a kind that may be provided by a general medical practitioner in accordance with arrangements made under Part VI of the 1972 Order; and

“personal dental services” means dental services of a kind that may be provided by a general dental practitioner in accordance with arrangements made under Part VI of the 1972 Order.

S-4 Provision of personal medical services under a pilot scheme

Provision of personal medical services under a pilot scheme

4.—(1) This Article applies to any pilot scheme under which personal medical services are provided.

(2) An agreement which constitutes, or is one of the agreements which together constitute, a pilot scheme may be made by a board only with one or more of the following—

(a)

(a) an HSS trust;

(b)

(b) a suitably experienced medical practitioner;

(c)

(c) an HSS employee or a pilot scheme employee;

(d)

(d) a qualifying body;

(e)

(e) an individual who is providing personal medical services under that or another pilot scheme.

(3) In this Article—

“HSS employee” means an individual who, in connection with the provision of health services, is employed by—

(a) an HSS trust;

(b) a medical practitioner whose name is included in a medical list; or

(c) a medical practitioner who is providing personal medical services in accordance with a pilot scheme;

“pilot scheme employee” means an individual who, in connection with the provision of personal medical services in accordance with a pilot scheme, is employed by an individual providing those services;

“qualifying body” means a company which is limited by shares all of which are legally and beneficially owned by persons falling within sub-paragraph (a), (b), (c) or (e) of paragraph (2).

(4) For the purposes of this Article, a medical practitioner is suitably experienced if he is suitably experienced for the purposes of Article 12 of this Order or Article 8 of the5Health and Personal Social Services (Northern Ireland) Order 1978.

S-5 Provision of personal dental services under a pilot scheme

Provision of personal dental services under a pilot scheme

5.—(1) This Article applies to any pilot scheme under which personal dental services are provided.

(2) An agreement which constitutes, or is one of the agreements which together constitute, a pilot scheme may be made by a board only with one or more of the following—

(a)

(a) an HSS trust;

(b)

(b) a dental practitioner whose name is included in a dental list;

(c)

(c) an HSS employee or a pilot scheme employee;

(d)

(d) a qualifying body;

(e)

(e) an individual who is providing personal dental services under that or another pilot scheme.

(3) In this Article—

“dental list” means a list prepared in accordance with regulations under Article 61(2)(a) of the 1972 Order;

“HSS employee” means an individual who, in connection with the provision of health services, is employed by—

(a) an HSS trust;

(b) a dental practitioner whose name is included in a dental list; or

(c) a dental practitioner who is providing personal dental services in accordance with a pilot scheme;

“pilot scheme employee” means an individual who, in connection with the provision of personal dental services in accordance with a pilot scheme, is employed by an individual providing those services;

“qualifying body” means—

(a) a body corporate which, in accordance with the provisions of Part IV of the6Dentists Act 1984, is entitled to carry on the business of dentistry; or

(b) a company which is limited by shares all of which are legally and beneficially owned by persons falling within sub-paragraph (a), (b), (c) or (e) of paragraph (2).

S-6 Proposals for pilot schemes

Proposals for pilot schemes

6.—(1) Before any pilot scheme may be made, the board concerned must prepare proposals for the scheme and submit them to the Department.

(2) A board must prepare and submit such proposals if it is asked to do so by a person—

(a)

(a) who wishes to provide piloted services; and

(b)

(b) with whom an agreement which constitutes, or is part of, a pilot scheme may be made;

but otherwise a board may not do so.

(3) A request to a board under paragraph (2) must—

(a)

(a) be made in writing; and

(b)

(b) comply with such requirements (if any) as may be prescribed.

(4) In preparing proposals for a pilot scheme, a board must comply with any directions given to it by the Department as to the matters to be dealt with, and information to be included, in the proposals.

(5) Before submitting proposals for a pilot scheme, a board must (in addition to complying with any requirements about consultation imposed by or under any other statutory provision) comply with any directions given to it by the Department about the extent to which, and manner in which, it is to consult on the proposals.

(6) The Department may give directions as to—

(a)

(a) the matters to which a board must have regard in making any recommendation to the Department when submitting proposals for a pilot scheme; and

(b)

(b) the form in which any such recommendation is to be made.

S-7 Approval of pilot schemes

Approval of pilot schemes

7.—(1) If proposals for a pilot scheme are submitted to the Department under Article 6, it must—

(a)

(a) approve them as submitted;

(b)

(b) make such modifications as it considers appropriate and approve them as modified; or

(c)

(c) reject them.

(2) The Department may not approve...

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