Regulation 8 Connection between designated bodies and medical practitioners
For the purposes of section 45B of the Act, and subject to the following provisions of this regulation and to regulation 10, a designated body has a prescribed connection with a medical practitioner in the following circumstances—
the designated body is the Northern Ireland Medical and Dental Training Agency and the medical practitioner is a doctor in training managed by the Agency;
where sub-paragraph (a) is not applicable, the medical practitioner is on the designated body’s primary medical services performers’ list;
where neither sub-paragraph (a) nor (b) applies, the medical practitioner is employed by the designated body;
the designated body owns or manages a hospital and the medical practitioner has practising privileges in respect of that hospital;
where none of the preceding sub-paragraphs applies, the designated body is a body referred to in paragraphs 15 to 17 of the Schedule and the medical practitioner is a member of that body;
where none of the preceding sub-paragraphs applies, the designated body is the Independent Doctors’ Federation and the medical practitioner is a member of that body.
Where a medical practitioner would otherwise have a prescribed connection with more than one designated body under paragraph (1), the prescribed connection is as follows—
in any case where paragraph (1)(a) (doctor in training) applies, the prescribed connection is in accordance with that paragraph;
in any case where paragraph (1)(b)(medical practitioner on the primary medical services performers list) applies, the prescribed connection is in accordance with that paragraph;
subject to sub-paragraph (d), in any case where paragraph (1)(c) (medical practitioner employed by a designated body) applies, the prescribed connection is in accordance with that paragraph;
where a prescribed connection with more than one designated body arises under paragraph (1)(c) —
the medical practitioner has a prescribed connection with the designated body for whom the medical practitioner carries out most of their clinical practice, and
if there is no significant difference in the amount of clinical practice which the medical practitioner carries out for each designated body—
if one and only one of the designated bodies concerned is an HSC body, the medical practitioner has a prescribed connection with that body, and
in any other case, the medical practitioner has a prescribed connection with the designated body which is located the shortest distance from the medical practitioner’s address as registered with the General Council;
in any other case—
the medical practitioner has a prescribed connection with the designated body for whom the medical practitioner carries out most of their clinical practice, and
if there is no significant difference in the amount of clinical practice which the medical practitioner carries out for each designated body—
if one and only one of the designated bodies concerned is an HSC body, the medical practitioner has a prescribed connection with that body, and
in any other case, the medical practitioner has a prescribed connection with the designated body which is located the shortest distance from the medical practitioner’s address as registered with the General Council.
Where—
a medical practitioner (“M”) would otherwise have a prescribed connection with a designated body;
M has a prescribed connection with a designated body under Regulations made under section 45A of the Act in relation to England, Wales or Scotland ; and
M carries out most of M’s clinical practice in England, Wales or Scotland,
M does not have a prescribed connection with a designated body under this regulation.
For the purposes of paragraph (2)(d)(ii)(bb) and (2)(e)(ii)(bb) the location of a designated body is the address of its principal office.