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The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022

S.R. 2022/109 · Made 16 March 2022 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2022.

Health And Social Care

Made 16th March 2022

Coming into operation 1st April 2022

The Department of Healthf1 makes these Regulations in exercise of the powers conferred on it by Articles 15D(1), (3D) and (3DA), 57F(1), (2) and (2A), 57G(1), (3)(j) and (3C), 61 (2), (2AA) and (2AB), 62 (2)(c) and (2A), 63 and 63AA(3A) and (3AA) of the Health and Personal Social Services (Northern Ireland) Order 1972f2, Article 10(1)(b) (iii) to (v) of the Health and Medicines (Northern Ireland) Order 1988f3 and Article 8(6), (9A) and (9B) of the Health and Personal Social Services (Northern Ireland) Order 1991f4, and after consulting such organisations as appear to the Department to be representative of (a) the dental profession, (b) medical practitioners practising as ophthalmic medical practitioners and (c) the pharmaceutical profession, as required by Articles 61(4), 62(3) and 63(3) respectively of the Health and Personal Social Services (Northern Ireland) Order 1972.

Annotations to the whole text

Footnotes

f1

Formerly the Department of Health, Social Services and Public Safety; see 2016 c. 5 (N.I.), s. 1(5)

f2

S.I. 1972/1265 (N.I. 14). Article 15D was inserted by Article 22 of S.I. 1997/1177 (N.I. 7); paragraph (3D) was inserted by Article 6(9) of S.I. 2004/311 (N.I. 2) and amended by paragraph 9(7) of Schedule 1 to the Health and Social Care Act (Northern Ireland) 2022 (2022 c. 3 (N.I.)) (the 2022 Act) and paragraph (3DA) was inserted by paragraph 9(8) of that Schedule. Article 57F was inserted by Article 4 of S.I. 2004/311 (N.I.2); paragraph (2) was amended by paragraph 27(2) of Schedule 1 to the 2022 Act and paragraph (2A) was inserted by paragraph 27(3) of that Schedule. Article 57G was inserted by Article 8 of S.I. 2004/311 (N.I.2); paragraph (3)(j) was amended by paragraph 28(3) of Schedule 1 to the 2022 Act and paragraph (3C) was inserted by paragraph 28(5) of that Schedule. Article 61(2AA) was inserted by Article 30(3) of S.I. 1991/194 (N.I.1) and paragraph (2AB) was inserted by paragraph 31(4) of Schedule 1 to the 2022 Act. Article 62(2)(c) was inserted by section 10 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (2016 c.26) and amended by paragraph 32(3) of Schedule 1 to the 2022 Act and paragraph (2A) was inserted by paragraph 32(4) of that Schedule. Article 63(2) was amended by paragraph 33 of Schedule 1 to the 2022 Act. Article 63AA was inserted by section 10(3) of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (2008 c.2) and amended by paragraph 34 of Schedule 1 to the 2022 Act, paragraph (3A) was inserted by section 11(5) of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (2016 c. 26) and paragraph (3AA) was inserted by paragraph 34(5) of Schedule 1 to the 2022 Act.

f3

S.I. 1988/2249 (N.I. 24).

f4

S.I. 1991/194 (N.I.1). Paragraphs (9A) and (9B) were inserted by paragraph 139 (b) of Schedule 1 to the 2022 Act.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3The Family Practitioner Services Independent Appeal Panel
  4. 4Chairperson
  5. 5List of lay members
  6. 6Notice of appeal, application or referral
  7. 7Membership of a panel of the Family Practitioner Services Independent Appeal Panel
  8. 8Declaration of interest
  9. 9Quorum
  10. 10Decisions by the Family Practitioner Services Independent Appeal Panel
  11. 11Fees and allowances
  12. 12Consequential amendments
  13. 13Transitional provision
  14. Signature
  15. Schedule: CONSEQUENTIAL AMENDMENTS
  16. 1The Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993
  17. 2The Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993
  18. 3The Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993
  19. 4The Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993
  20. 5Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004
  21. 6Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004
  22. 7Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004
  23. 8Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004
  24. 9Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004
  25. 10Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004
  26. 11Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004
  27. 12Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004
  28. 13Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004
  29. 14Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004
  30. 15Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004
  31. 16Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004
  32. 17Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004
  33. 18Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004
  34. 19Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004
  35. 20Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004
  36. 21Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004
  37. 22General Ophthalmic Services Regulations (Northern Ireland) 2007
  38. 23General Ophthalmic Services Regulations (Northern Ireland) 2007
  39. 24Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016
  40. 25Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016
  41. 26Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016
  42. 27Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016
  43. 28Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016
  44. 29Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016
  45. 30Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016
  46. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 and come into operation on 1st April 2022.

2InterpretationI1

(1)

In these Regulations—

  • “appliance” means an appliance which is included in a list for the time being approved by the Department for the purposes of Article 63 of the Health and Personal Social Services (Northern Ireland) Order 1972;

  • “the Department” means the Department of Health;

  • “dental list” has the same meaning as in the General Dental Services Regulations (Northern Ireland) 1993f1;

  • “dentist” means a dental practitioner;

  • “doctor” means a medical practitioner;

  • “ophthalmic list” has the same meaning as in the General Ophthalmic Services Regulations (Northern Ireland) 2007f2;

  • “pharmaceutical list” is to be construed in accordance with regulation 6 of the Pharmaceutical Services Regulations (Northern Ireland) 1997f3;

  • “pharmacist” means a pharmacist, other than a supplier of appliances only, whose name is included in the pharmaceutical list under Article 63 of the Health and Personal Social Services (Northern Ireland) Order 1972;

  • “primary medical services performers list” has the same meaning as in the Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004f4;

  • “working day” means any week-day other than a public holiday.

(2)

The Interpretation Act (Northern Ireland) 1954f5 applies to these Regulations as it applies to an Act of the Assembly.

3The Family Practitioner Services Independent Appeal PanelI1

There is to be a body called the Family Practitioner Services Independent Appeal Panel.

4ChairpersonI1

(1)

The Department must appoint two or more persons as chairperson of the Family Practitioner Services Independent Appeal Panel.

(2)

A person appointed in accordance with paragraph (1) must be a Barrister or Solicitor who has been entitled, for a period of at least 5 years, to practise either at the Bar of Northern Ireland or as a Solicitor of the Court of Judicature of Northern Ireland.

(3)

The term of office of a person appointed in accordance with paragraph (1)—

(a)

is to be 4 years;

(b)

may be extended on one occasion only by a further 4 years.

5List of lay membersI1

(1)

The Department may prepare and maintain a list of lay persons appointed by the Department for the purposes of the Family Practitioner Services Independent Appeal Panel.

(2)

A person appointed in accordance with paragraph (1) must not be—

(a)

a doctor, dentist, ophthalmic optician or pharmacist; or

(b)

a person or employee of a person whose name is included in the dental list, the ophthalmic list, the pharmaceutical list or the primary medical services performers list.

(3)

A person appointed in accordance with paragraph (1) is to be appointed for a term of 4 years.

6Notice of appeal, application or referralI1

(1)

A notice of appeal received by the Family Practitioner Services Independent Appeal Panel must be referred by the Panel to a chairperson appointed under regulation 4(1).

(2)

If the chairperson, after considering a notice of appeal, is of the opinion that that notice discloses no reasonable grounds of appeal or that an appeal is otherwise vexatious or frivolous, the chairperson may determine that appeal by dismissing it forthwith, in which case the chairperson must notify the parties accordingly.

(3)

Except where an appeal is dismissed in accordance with paragraph (2), where a notice of appeal, application or referral is received by the Family Practitioner Services Independent Appeal Panel, a panel must be convened in accordance with regulation 7 and, subject to paragraph (4), the panel must determine the appeal, application or referral, as the case may be.

(4)

Where paragraph 93(5) of Schedule 5 to the Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004f1 applies and in accordance with that paragraph the panel appoints a person to consider and determine the dispute referred, the following provisions do not apply—

(a)

the requirement in paragraph (3) for the panel to determine the referral; and

(b)

regulation 10.

(5)

For the purposes of this regulation, a relevant notice of appeal, application or referral is one given under a statutory provision that prescribes the Family Practitioner Services Independent Appeal Panel as the body that is to determine the matter.

7Membership of a panel of the Family Practitioner Services Independent Appeal PanelI1

(1)

A panel of the Family Practitioner Services Independent Appeal Panel must consist of at least 3 members of whom—

(a)

one must be a chairperson appointed in accordance with regulation 4;

(b)

one or more must be a person whose name is included in a professional list relevant to the subject-matter of the appeal, application or referral, appointed by the chairperson following consultation with such organisation as is, in the opinion of the chairperson, representative of the respective profession;

(c)

one or more must be a person appointed by the chairperson from a list of lay members maintained in accordance with regulation 5.

(2)

A member of a panel must not be an official of the Department or of the Regional Business Services Organisation.

(3)

A panel must include an equal number of persons with professional experience appointed under paragraph (1)(b) and lay members appointed under paragraph (1)(c).

(4)

For the purposes of paragraph (1)(b), a professional list means any of the following—

(a)

the dental list;

(b)

the ophthalmic list;

(c)

the pharmaceutical list;

(d)

the primary medical services performers list.

8Declaration of interestI1

(1)

Before the start of any meeting of a panel of the Family Practitioner Services Independent Appeal Panel the chairperson must ask the members intending to be present whether, in respect of the appeal, application or referral to be considered at the meeting, any of them—

(a)

has an interest to declare; or

(b)

is associated with a person who has such an interest,

and any such member who has or, as the case may be, is associated with a person who has any such interest, must declare it accordingly.

(2)

Any member who has, pursuant to paragraph (1), declared an interest or who, in the opinion of the chairperson, should have declared such an interest, may not be present at the consideration, discussion or determination of the appeal, application or referral.

9QuorumI1

No business of the Family Practitioner Services Independent Appeal Panel may be transacted unless the chairperson and one person appointed under each of regulation 7(1)(b) and 7(1)(c) are present.

10Decisions by the Family Practitioner Services Independent Appeal PanelI1

(1)

A panel of the Family Practitioner Services Independent Appeal Panel may determine an appeal, application or referral in such manner as it thinks fit and may, if it considers that oral representations are unnecessary, determine the appeal, application or referral without hearing any oral representations, and its decision in respect of that appeal, application or referral is final.

(2)

The chairperson of the Family Practitioner Services Independent Appeal Panel must, within 5 working days of making its decision, cause written notification of that decision together with reasons therefor to be given to the parties.

(3)

This regulation is subject to any procedural requirements specified in the regulations under which the appeal, application or referral is made to the Family Practitioner Services Independent Appeal Panel.

11Fees and allowancesI1

Members of a panel of the Family Practitioner Services Independent Appeal Panel are to be paid such fees and allowances as the Department may determine.

12Consequential amendmentsI1

The Schedule (consequential amendments) has effect.

13Transitional provisionI1

(1)

Where a function relating to an appeal, application or referral has transferred from the Department to the Family Practitioner Services Independent Appeal Panel in accordance with the provisions set out in the Schedule—

(a)

anything which was done before 1st April 2022 by the Department in relation to that function, if in effect immediately before that date, is to continue to have effect to the same extent and subject to the same provisions as if it had been done by the Family Practitioner Services Independent Appeal Panel;

(b)

anything (including any legal proceedings) in the process of being done by the Department in relation to that function immediately before 1st April 2022 may be continued by the Family Practitioner Services Independent Appeal Panel.

(2)

Paragraph (1) does not apply if the context requires otherwise.

Signature

Sealed with the Official Seal of the Department of Health on 16th March 2022.

L.S.

Martina Moore

A senior officer of the Department of Health

1The Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993I1

The Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993f1 are amended as follows.

2The Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993I1

(1)

Regulation 2 (Interpretation) is amended as follows.

(2)

In the appropriate place insert—

  • “Family Practitioner Services Independent Appeal Panel” means the body established under regulation 3 of the Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022f1;”

3The Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993I1

(1)

Regulation 5 (Application for inclusion in the dental list) is amended as follows.

(2)

In paragraph (2A)f1—

(a)

for “Board” (in each place) substitute “Department”;

(b)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

(3)

In paragraph (2B), for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

(4)

In paragraph (2C), for “Board” substitute “Department”.

(5)

In paragraph (2D), for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

(6)

In paragraph (2E)—

(a)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

for “Board” (in both places) substitute “Department”.

4The Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993I1

(1)

Schedule 2 (Terms of service for dentists) is amended as follows.

(2)

In paragraph 2(b) (Incorporation of provisions of Regulations)—

(a)

for “Regional Board” (in each place) substitute “Department”;

(b)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

(3)

In paragraph 35 (Deputies and assistants) –

(a)

in sub-paragraph (3)—

(i)

for “Board” substitute “Department”;

(ii)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

in sub-paragraph (4), for “Board” (in each place) substitute “Department”;

(c)

in sub-paragraph (5), for “Board” (in each place) substitute “Department”;

(d)

in sub-paragraphs (7) and (8), for “Board” substitute “Department”;

(e)

in sub-paragraph (9), for “Board” (in both places) substitute “Department”;

(f)

in sub-paragraph (10), for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

5Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004I1

The Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004f1 are amended as follows.

6Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004I1

(1)

Regulation 2 (Interpretation) is amended as follows.

(2)

In the appropriate place insert—

  • “Family Practitioner Services Independent Appeal Panel” means the body established under regulation 3 of the Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022f1;”

7Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004I1

(1)

Regulation 7 (Appeal) is amended as follows.

(2)

For “Department” (in both places) substitute “Family Practitioner Services Independent Appeal Panel”.

(3)

For “Board” (in both places) substitute “Department”.

8Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004I1

(1)

Regulation 9 (Pre-contract disputes) is amended as follows.

(2)

In paragraphs (1) and (2), for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

(3)

In paragraph (3)—

(a)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

for “Board” substitute “Department”.

9Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004I1

(1)

Schedule 2 (Opt outs of additional and out of hours services) is amended as follows.

(2)

Paragraph 2 (Temporary opt outs and permanent opt outs following temporary opt outs) is amended as follows—

(a)

in sub-paragraph (5)(c)—

(i)

for “Board” (in both places) substitute “Department”;

(ii)

for “Department” (in each place) substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

in sub-paragraph (5)(d)(iii)—

(i)

for “Board” substitute “Department”;

(ii)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(c)

in sub-paragraph (11)—

(i)

for “a Board” substitute “the Department”;

(ii)

]for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(d)

in sub-paragraph (12)—

(i)

for “a Board” substitute “the Department”;

(ii)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(e)

in sub-paragraph (13)—

(i)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(ii)

for “Board’s” substitute “Department’s”;

(f)

in sub-paragraph (14)—

(i)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(ii)

for “Board” (in both places) substitute “Department”;

(iii)

for “Board’s” substitute “Department’s”.

(3)

Paragraph 3 (Permanent opt outs) is amended as follows—

(a)

in sub-paragraph (7)(b)—

(i)

for “Board” substitute “Department”;

(ii)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

in sub-paragraph (8)—

(i)

for Board” (in both places) substitute “Department”;

(ii)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(c)

in sub-paragraph (10)—

(i)

for “Board” substitute “Department”;

(ii)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(d)

in sub-paragraph (11)—

(i)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(ii)

for “Board” substitute “Department”;

(e)

in sub-paragraph (12)—

(i)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(ii)

for “Board” (in each place) substitute “Department”;

(f)

in sub-paragraph (13)—

(i)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(ii)

for “Board” (in each place) substitute “Department”;

(g)

in sub-paragraph (14)—

(i)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(ii)

for “Board” substitute “Department”;

(h)

in sub-paragraph (15)—

(i)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(ii)

for “Board” substitute “Department”;

(i)

in sub-paragraph (17)—

(i)

for “Department” (in both places) substitute “Family Practitioner Services Independent Appeal Panel”;

(ii)

for “Board” (in each place) substitute “Department”;

(j)

in sub-paragraph (18)—

(i)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(ii)

for “Board” (in each place) substitute “Department”;

(k)

in sub-paragraph (19)—

(i)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(ii)

for “Board” (in both places) substitute “Department”.

(4)

Paragraph 5 (Out of hours opt outs where the opt out notice is served before 1st October 2004) is amended as follows—

(a)

in sub-paragraph (10)—

(i)

for “Board” substitute “Department”;

(ii)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

in sub-paragraph (11)—

(i)

for “Board” (in each place) substitute “Department”;

(ii)

for “Department” (in both places) substitute “Family Practitioner Services Independent Appeal Panel”;

(c)

in sub-paragraph (13)—

(i)

for “Board” (in each place) substitute “Department”;

(ii)

for “Department” (in both places) substitute “Family Practitioner Services Independent Appeal Panel”;

(d)

in sub-paragraph (14)—

(i)

for “Board” substitute “Department”;

(ii)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(e)

in sub-paragraph (16)—

(i)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(ii)

for “Board” substitute “Department”.

10Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004I1

(1)

Schedule 5 (Other contractual terms) is amended as follows.

(2)

Paragraph 36 (Assignments to closed lists: dispute resolution procedure relating to determinations of the assessment panel) is amended as follows—

(a)

in sub-paragraph (1)—

(i)

for “Board” substitute “Department”;

(ii)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

in sub-paragraphs (2) to (11), for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(c)

in sub-paragraph (12), for “Department” (in both places) substitute “Family Practitioner Services Independent Appeal Panel”;

(d)

in sub-paragraph (13)—

(i)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(ii)

for “Board” (in both places) substitute “Department”;

(e)

in sub-paragraphs (14) and (15), for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(f)

in sub-paragraph (16)—

(i)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(ii)

for “Board” substitute “Department”;

(g)

in sub-paragraph (17), for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

(3)

Paragraph 91 (Local resolution of contract disputes) is amended as follows—

(a)

in sub-paragraph (1), for “Board” substitute “Department”;

(b)

in sub-paragraph (2)—

(i)

for “Board” (in the first place) substitute “Department”;

(ii)

after “invite the”, insert “relevant”;

(iii)

omit “for the area of the Board”.

(4)

Paragraph 92 (Dispute resolution: non-HSS contracts) is amended as follows—

(a)

in sub-paragraph (1)—

(i)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(ii)

for “Board” (in both places) substitute “Department”;

(b)

in sub-paragraph (2), for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

(5)

Paragraph 93 (Dispute resolution procedure) is amended as follows—

(a)

in sub-paragraphs (1), (3) and (5) to (9), for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

in sub-paragraph (13), for “Department” (in both places) substitute “Family Practitioner Services Independent Appeal Panel”.

(6)

Paragraph 111 (Termination and the dispute resolution procedure) is amended as follows—

(a)

in sub-paragraph (1), for “Board” (in each place) substitute “Department”;

(b)

in sub-paragraphs (2) to (4), for “Board” substitute “Department”;

(c)

in sub-paragraph (5), for “Board” (in both places) substitute “Department”.

11Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004I1

The Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004f1 are amended as follows.

12Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004I1

(1)

Regulation 2 (Interpretation) is amended as follows.

(2)

In the appropriate place insert –

  • “Family Practitioner Services Independent Appeal Panel” means the body established under regulation 3 of the Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022f1;”.

(3)

omit the definition of “Board”.

13Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004I1

In regulation 5(2) (Publication of primary medical services performers lists), omit “(a) the Department;”

14Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004I1

(1)

Regulation 6Cf1 (Removal of emergency registered practitioners from the primary medical services performers list) is amended as follows—

(2)

In paragraph (3)(c), for “Department” (in both places) substitute “Family Practitioner Services Independent Appeal Panel”.

(3)

In paragraph (4), omit “or the Department”.

15Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004I1

(1)

Regulation 8Af1 (Conditional inclusion in the primary medical services performers list) is amended as follows.

(2)

In paragraph (1), for “A Board” substitute “The Department”.

(3)

In paragraphs (2) and (3), for “a Board” substitute “the Department”.

(4)

In paragraph (4)—

(a)

for “Board” substitute “Department”;

(b)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

(5)

In paragraphs (5) and (6)—

(a)

for “Board” substitute “Department”;

(b)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

(6)

In paragraph (7), for “Board” (in both places) substitute “Department”.

(7)

In paragraph (8), for “Board” substitute “Department”.

(8)

In paragraph (9)—

(a)

for “Board” substitute “Department”;

(b)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

16Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004I1

(1)

Regulation 10 ((Removal from the primary medical performers list of medical practitioners not performing primary medical services) is amended as follows.

(2)

In paragraph (1), for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

(3)

In paragraph (5), for “Board” (in both places) substitute “Department”.

(4)

In paragraph (6)—

(a)

for “Board” (in both places) substitute “Department”;

(b)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

(5)

In paragraph (7) for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

17Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004I1

(1)

Regulation 10Af1 (Contingent removal from the primary medical services performers list) is amended as follows.

(2)

In paragraphs (5) to (7) and (10), for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

18Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004I1

(1)

Regulation 12Af1 (suspension) is amended as follows.

(2)

In paragraph (6)—

(a)

for “Board” (in both places) substitute “Department”;

(b)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

19Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004I1

(1)

Regulation 12Bf1 (Reviews) is amended as follows.

(2)

In paragraphs (5), (7) and (8), for “Board” substitute “Department”.

20Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004I1

(1)

Regulation 13 (Appeal to the Family Practitioner Services Independent Appeal Panel) is amended as follows.

(2)

In the heading to the regulation, for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

(3)

In paragraph (1)f1, for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

(4)

In paragraph (1A)—

(a)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

for “Board” substitute “Department”.

(5)

In paragraph (1B)f2, for “Regional Board” substitute “Department”.

(6)

In paragraph (2)—

(a)

for “Department” (in both places) substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

for “Board” (in both places) substitute “Department”.

(7)

In paragraph (4)—

(a)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

for “Board” substitute “Department”.

(8)

Omit paragraph (5).

(9)

In paragraph (6)—

(a)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

for “Board” substitute “Department”.

(10)

In paragraph (7), for “Board” substitute “Department”.

(11)

For paragraph (9) substitute—

“(9)

The Family Practitioner Services Independent Appeal Panel shall give its decision in writing, with reasons for that decision and send it to the appellant and the Department.”.

(12)

In paragraph (10)—

(a)

for “Department” (in both places) substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

for “Board” (in both places) substitute “Department”.

(13)

In paragraph (11)—

(a)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

for “Board” (in both places) substitute “Department”.

(14)

In paragraph (12)f3—

(a)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

for “Board” (in each place) substitute “Department”.

(15)

In paragraph (13), for “Board” substitute “Department”.

21Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004I1

(1)

Regulation 14 (Disclosure of information) is amended as follows.

(2)

In paragraph (2), omit “ (a) the Department;”

(3)

In paragraph (7), for “Board” substitute “Department”.

(4)

In paragraph (8), omit “(a) the Department;”.

22General Ophthalmic Services Regulations (Northern Ireland) 2007I1

The General Ophthalmic Services Regulations (Northern Ireland) 2007f1 are amended as follows.

23General Ophthalmic Services Regulations (Northern Ireland) 2007I1

(1)

In Regulation 2 (Interpretation) in the appropriate place, insert—

  • ““Family Practitioner Services Independent Appeal Panel” means the body established under regulation 3 of the Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022f1;”

(2)

In Schedule 1 (terms of service) paragraph 2(b) (incorporation of provisions)—

(a)

for “the Regional Board”, in each place it occurs, substitute “the Department”; and

(b)

for “Department from decisions of the Board” substitute “Family Practitioner Services Independent Panel from decisions of the Department”.

24Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016I1

The Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016f1 are amended as follows.

25Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016I1

(1)

Regulation 1(2) (Citation, commencement and interpretation) is amended as follows.

(2)

In the appropriate place insert –

  • “Family Practitioner Services Independent Appeal Panel” means the body established under regulation 3 of the Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022f1;”

26Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016I1

In regulation 4 (4) (Determination of the Regional Board)—

(a)

omit “and the Department”;

(b)

for “Department” in the second place it appears substitute “Family Practitioner Services Independent Appeal Panel”.

27Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016I1

(1)

Regulation 5 (Appeal to the Family Practitioner Services Independent Appeal Panel) is amended as follows.

(2)

In the heading to the regulation, for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

(3)

In paragraph (1)—

(a)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

for “Regional Board” in both places substitute “Department”.

(4)

In paragraph (2)—

(a)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

for “Regional Board” substitute “Department”.

(5)

In paragraph (3)—

(a)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

for “Regional Board” in both places substitute “Department”.

(6)

In paragraph (4)—

(a)

for “Regional Board” substitute “Department”;

(b)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

(7)

In paragraph (5), for “Department” in both places substitute “Family Practitioner Services Independent Appeal Panel”.

(8)

Omit paragraph (6).

28Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016I1

(1)

Regulation 6 (Procedure on appeal) is amended as follows.

(2)

In paragraph (1)—

(a)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

for “Regional Board” in both places substitute “Department”.

(3)

In paragraph (2), for “Department” substitute “Family Practitioner Services Independent Appeal Panel”.

(4)

Omit paragraphs (3) to (8).

(5)

In paragraph (9)—

(a)

for “Regional Board” substitute “Department”;

(b)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(c)

for “panel” substitute “Family Practitioner Services Independent Appeal Panel”.

(6)

In paragraph (10)—

(a)

for “panel” substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

for “Regional Board” substitute “Department”.

(7)

In paragraph (11)—

(a)

for “panel” in each place substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

for “Regional Board” in both places substitute “Department”.

(8)

In paragraph (12)—

(a)

for “Regional Board” in both places substitute “Department”;

(b)

for “panel” in each place substitute “Family Practitioner Services Independent Appeal Panel”.

(9)

In paragraph (13)—

(a)

for “panel” substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

for “Regional Board” substitute “Department”.

(10)

Omit paragraph (14).

29Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016I1

(1)

Regulation 7 (Recovery of amounts from practitioners following appeal) is amended as follows.

(2)

In paragraph (1), for “Department” in both places substitute “Family Practitioner Services Independent Appeal Panel”.

(3)

In paragraph (2)—

(a)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

for “Regional Board” substitute “Department”.

(4)

In paragraph (3)—

(a)

for “Department” substitute “Family Practitioner Services Independent Appeal Panel”;

(b)

for “Regional Board” substitute “Department”.

(5)

In paragraph (4), for “Regional Board” substitute “Department”.

(6)

In paragraph (5), for “Regional Board” in both places substitute “Department”.

30Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016I1

(1)

Regulation 8 (Prior approval in dental cases) is amended as follows.

(2)

In paragraph (3), omit “and the Regional Board”.

(3)

Omit paragraph (6).

(4)

In paragraph (7)—

(a)

for sub-paragraph (a), substitute—

“(a)

terminating the prior approval requirement on a specified date falling before the end of the period specified under paragraph (2)(b); or”;

(b)

omit “, the Regional Board”.

(5)

Omit paragraph (10).

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of powers conferred by the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)), the Health and Medicines (Northern Ireland) Order 1988 (S.I. 1988/2249 (N.I. 24)) and the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), as amended in each case by Schedule 1 to the Health and Social Care Act (Northern Ireland) 2022 (2022 c. 3 (N.I.). They provide for the establishment of the Family Practitioner Services Independent Appeal Panel and make provision about the membership of the body, including as to the payment of fees and allowances. They also make consequential amendments to the Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993 (S.R. 1993 No. 326), the Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004 (S.R. 2004 No. 140), the Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004 (S.R 2004 No. 149), the General Ophthalmic Services Regulations (Northern Ireland) 2007 (S.R. 2007 No. 436) and the Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016 (S.R. 2016 No. 104).

[An impact assessment has not been produced for this Statutory Rule as no, or no significant impact on the private, voluntary or public sector is foreseen.]