OpenLegislation

The Primary Medical Services (Northern Ireland) Order 2004 (Consequential Amendments) Order 2004

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2004, ISBN 0110498186

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order in Council laid before Parliament under section 84(4) of the Northern Ireland Act 1998, for approval by resolution of each House of Parliament

CONSTITUTIONAL LAW

DEVOLUTION, NORTHERN IRELAND

NATIONAL HEALTH SERVICE, NORTHERN IRELAND

Made 2004

Coming into force in accordance with article 1(1)

At the Court at Buckingham Palace, the [ ] day of [ ] 2004

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament;

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 84(2) and (3) of the Northern Ireland Act 1998f1 is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Annotations to the whole text

Footnotes

f1

1998 c. 47; see section 98 for the definition of Northern Ireland legislation. By virtue of paragraph 3(1) of the Schedule to the Northern Ireland Act 2000 (c. 1), the reference to Acts of the Assembly in section 98 is to be interpreted as including references to Orders in Council made under paragraph 1(1) of the Schedule to that Act.

Contents

  1. 1Citation, commencement and extent
  2. 2Consequential amendments
  3. 3Saving of certain provisions of the Medical Act 1983
  4. Signature
  5. Schedule: AMENDMENT OF ENACTMENTS
  6. Medical Act 1983
  7. 1Paragraph 1
  8. Medicines (Pharmacy and General Sale – Exemption) Order 1980
  9. 2Paragraph 2
  10. The Prescription Only Medicines (Human Use) Order 1997
  11. 3Paragraph 3
  12. The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003
  13. 4Paragraph 4
  14. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Primary Medical Services (Northern Ireland) Order 2004 (Consequential Amendments) Order 2004 and shall come into force on the day after the Order is made.

(2)

The extent of the amendments made by the Schedule is the same as that of the enactments amended, except that paragraph 4(2)(a), (3)(a), (4)(a) and (5) do not extend to Northern Irelandf1.

2Consequential amendments

The enactments listed in the Schedule are amended as there specified.

3Saving of certain provisions of the Medical Act 1983

Notwithstanding the coming into force of the amendments to sections 11 and 12 of the Medical Act 1983f1 made by paragraph 1 of the Schedule, in relation to any employment before the date on which those amendments came into force in—

(a)

an approved medical practice; or

(b)

a health centre,

sections 11(4) and 12(2)(a) of the Medical Act 1983 shall have effect as if those amendments had not come into force.

Signature

Name

Clerk of the Privy Council

1

(1)

The Medical Act 1983 is amended as follows.

(2)

In the definition of “medical practice” in section 11(4)f1 (provisions supplementary to section 10, etc)—

(a)

in paragraph (a), for “provide general medical services under” substitute “perform primary medical services under Article 15B or”; and

(b)

omit paragraph (b).

(3)

In section 12(2)(a)f2 (special provisions as to employment in health centres), for “or Part 1 of the National Health Service (Scotland) Act 1978 or general medical services under” substitute “, Part 1 of the National Health Service (Scotland) Act 1978 or Article 15B or”.

2

In article 4B of the Medicines (Pharmacy and General Sale – Exemption) Order 1980f1 (exemption for health professionals who supply medicinal products under a Patient Group Direction in order to assist doctors or dentists in providing national health services), for paragraph (3)(b)(iii) substitute—

“(iii)

in relation to Northern Ireland, the provision of primary medical services under Article 15B or Part VI of the Health and Personal Social Services (Northern Ireland) Order 1972;”.

3

In article 12B of the Prescription Only Medicines (Human Use) Order 1997f1 (exemption for health professionals who supply or administer prescription only medicines under a Patient Group Direction in order to assist doctors or dentists in providing national health services), for paragraph (3)(b)(iii) substitute—

“(iii)

in relation to Northern Ireland, the provision of primary medical services under Article 15B or Part VI of the Health and Personal Social Services (Northern Ireland) Order 1972.”.

4

(1)

The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003f1 shall be amended as provided in this paragraph.

(2)

In article 10 (the General Practitioner Register)—

(a)

in paragraph (4), for sub-paragraph (c), substitute—

“(c)

in Northern Ireland, be included in a primary medical services performers list.”;

(b)

omit paragraphs (6) and (7).

(3)

In Schedule 1 (interpretation)—

(a)

in the appropriate alphabetical position insert—

““a primary medical services performers list” means a list of medical practitioners prepared and published pursuant to Article 57G of the Health and Personal Social Services (Northern Ireland) Order 1972;”; and

(b)

in the definition of “restricted services principal”f2, for paragraph (c) substitute—

“(c)

in Northern Ireland, a general practitioner who had, pursuant to the General Medical Services Regulations (Northern Ireland) 1997 (before their revocation), undertaken to provide general medical services limited to—

(i)

child health surveillance services,

(ii)

contraceptive services,

(iii)

maternity medical services, or

(iv)

minor surgery services,

or to any combination of the above;”.

(4)

In Schedule 8 (transitional, transitory and saving provisions), in paragraph 22 (general practitioners permitted to work within the National Health Service during the transitional period)—

(a)

in sub-paragraph (2), for paragraph (c), substitute—

“(c)

in Northern Ireland, inclusion in a primary medical services performers list;”; and

(b)

omit sub-paragraphs (4) and (5).

(5)

In Schedule 9 (consequential amendments to primary legislation), omit paragraph 7.

Explanatory note

(This note is not part of the Order)

This Order makes amendments to primary and secondary legislation consequential on the Primary Medical Services (Northern Ireland) Order 2004 (S.I. 2004/311 (N.I. 2)) which introduced a new framework for primary medical services in Northern Ireland. That framework replaced the previous system of general medical services and amended provisions relating to personal medical services.

Article 2 and the Schedule replace references to the old system in the Medical Act 1983 and three statutory instruments with references to the new system.

Article 3 saves the previous provisions of sections 11 and 12 of the Medical Act 1983 in relation to employment in medical practices before the amendments made by paragraph 1 of the Schedule came into force.