2015 No. 205
The Health and Social Care (Disciplinary Procedures) (Amendment) Regulations (Northern Ireland) 2015
Made
Coming into operation
The Department of Health, Social Services and Public Safety F1, makes the following Regulations in exercise of the powers conferred on it by Articles 61, 62, 63 and 106 of the Health and Personal Social Services (Northern Ireland) Order 1972 F2 and Article 10 of the Health and Medicines (Northern Ireland) Order 1988 F3.
In accordance with Articles 61(4), 62(3) and 63(3) of the Health and Personal Social Services (Northern Ireland) Order 1972, the Department has consulted with such organisations as appear to it to be representative of the dental, ophthalmic and pharmaceutical professions.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Health and Social Care (Disciplinary Procedures) (Amendment) Regulations (Northern Ireland) 2015 and shall come into operation on 23rd April 2015.
2
In these Regulations—
“the principal regulation” means the Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2014 F4.
Amendment of regulation 3 of the principal regulations2
In regulation 3 of the principal regulations (time limits)—
a
in paragraph (3)(b)(i) omit “subject to paragraph (4),”; and
b
in paragraph (4) for “paragraph (3)(a), (b) or (c)” substitute “
paragraph (3)(b)(ii)
”
.
Amendment of regulation 5 of the principal regulations3
In regulation 5 of the principal regulations (appeal to the Department)—
a
in paragraph (3)—
i
for “Subject to paragraph (6), on” substitute “
On
”
; and
ii
in subparagraphs (c)(ii) and (e)(ii) for “paragraph (5)” substitute “
paragraph (4)
”
; and
b
in paragraph (4) for “and (4)(b)” substitute “
and (e)(ii)
”
.
Amendment of regulation 7 of the principal regulations4
In regulation 7 of the principal regulations (recovery of amounts from practitioners following appeal) for paragraph (1)(b) substitute—
b
an appeal is made under regulation 5(1)(b) or (c);
the Department shall, subject to the following provisions of this regulation, determine whether any, and if so what, amount shall be recovered from the practitioner, whether by way of deduction from their remuneration or otherwise.
Amendment of regulation 8 of the principal regulations5
In regulation 8 of the principal regulations (prior approval in dental cases) for paragraph (1)(b) substitute—
b
an appeal is made by a dentist under regulation 5(1)(b);
the Department shall, subject to the following provisions of this regulation, determine whether a prior approval requirement should be imposed in relation to the dentist, that is to say that the dentist should, in respect of all or any specific description of treatment, be required to submit estimates for the prior approval of the Dental Committee.
Amendment of regulation 12 of the principal regulations6
In regulation 12 of the principal regulations (fresh appointments) for paragraph (1)(b) substitute—
b
is unable or refuses to complete that purpose;
the Department may rescind that appointment together with that of any other person so appointed in relation to the same matter, and appoint different persons in accordance with the provision in question.
Amendment of regulation 14 of the General Ophthalmic Services Regulations (Northern Ireland) 20077
In regulation 14 of the General Ophthalmic Services Regulations (Northern Ireland) 2007 F5 (payment for services) at sub-paragraph (3)(b) for “regulation 5(5)” substitute “
regulation 2(5)
”
.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 30th March 2015.
S.I. 1999/283 (N.I. 1), Article 3(6)