Article 2 Amendment of article 1 of the POM Order

(1)

Article 1 of the POM Order (citation, commencement and interpretation) is amended as follows.

(2)

In paragraph (2)—

(a)

in the definition of “independent clinic”—

(i)

in paragraph (b), for “2001;” substitute “2001, and”, and

(ii)

after paragraph (b) insert—

“(c)
in relation to Northern Ireland, has the meaning given by article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003^f1;”;

(b)

in the definition of “independent hospital”—

(i)

in paragraph (b), for “2001;” substitute “2001, and”, and

(ii)

after paragraph (b) insert—

“(c)
in relation to Northern Ireland, has the meaning given by article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;”; and

(c)

in the definition of “independent medical agency”—

(i)

in paragraph (b), for “2001;” substitute “2001, and”, and

(ii)

after paragraph (b) insert—

“(c)
in relation to Northern Ireland, has the meaning given by article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;”;

(d)

in the definition of “nursing home”, for the words from “article 16” to the end of the paragraph substitute “article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003”;

(e)

in the definition of “Patient Group Direction”—

(i)

in paragraph (a)—

(aa)

after “with the” insert “sale or”, and

(bb)

for “supply and administration” substitute “sale or supply, and administration,”, and

(ii)

in sub-paragraph (ii), after “relates to” insert “sale or”;

(f)

in the definition of “registered provider”—

(i)

in paragraph (a), after sub-paragraph (ii) insert—

“(iii)
in relation to Northern Ireland, the person registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 as the person carrying on the establishment or agency, and”, and

(ii)

for paragraph (b), substitute—

“(b)
in relation to a nursing home, the person registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 as the person carrying on the establishment;”;

(g)

in the definition of “relevant manager”—

(i)

in paragraph (a), after sub-paragraph (ii) insert—

“(iii)
in relation to Northern Ireland—
(aa)
a person who is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 as the manager of the establishment or agency, but who is not the registered provider for that establishment or agency, or

(bb)
if there is no such person, but the registered provider has appointed a person to manage the establishment or agency, that appointed person, and”, and

(ii)

for paragraph (b), substitute—

“(b)
in relation to a nursing home—

(i)
a person who is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 as the manager of the establishment or agency, but who is not the registered provider for that establishment or agency, or

(ii)
if there is no such person, but the registered provider has appointed a person to manage the establishment or agency, that appointed person;”.

(3)

In paragraph (8)—

(a)

after “arrangement for the” insert “sale,”; and

(b)

after “such” insert “sale,”.

Annotations

Footnotes

f1: S.I. 2003/431 (N.I.9).