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The Health Services (Primary Care) (1997 Order) (Commencement No. 2) Order (Northern Ireland) 1998


Published: 1998-08-21

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Statutory Rules of Northern Ireland
1998 No. 301 (C. 13)

HEALTH AND PERSONAL SOCIAL SERVICES
The Health Services (Primary Care) (1997 Order) (Commencement No. 2) Order (Northern Ireland) 1998

Made
21st August 1998

The Department of Health and Social Services, in exercise of the powers conferred on it by Article 1(2) of the Health Services (Primary Care) (Northern Ireland) Order 1997(1) and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Health Services (Primary Care) (1997 Order) (Commencement No. 2) Order (Northern Ireland) 1998.

(2) In this Order “the 1997 Order” means the Health Services (Primary Care) (Northern Ireland) Order 1997.

Appointed day

2.—(1) The day appointed for the coming into operation of the provisions of the 1997 Order specified in column (1) of Schedule 1 to this Order (the subject matter of each provision being set out in column (2) of that Schedule), is 1st April 1999.

(2) The day appointed for the coming into operation of the provisions of the 1997 Order specified in column (1) of Schedule 2 to this Order is the date specified in column (2) of that Schedule.

References to certain terms

3.—(1) Paragraph (2) applies to a provision of—

(a)the 1997 Order brought into operation pursuant to Article 2(1); and

(b)any other statutory provision, as amended, inserted or replaced by a provision of Schedule 2 to the 1997 Order brought into operation pursuant to Article 2(2).

(2) Where a statutory provision to which this paragraph applies refers to arrangements made under Article 15B of the 1972 Order (however the reference is worded) such a reference is to be taken as referring only to a pilot scheme under Part II of the 1997 Order and the purpose of bringing the provision of the 1997 Order in question into operation is limited accordingly.

Revocation

4.  In the Schedule to the Health Services (Primary Care) (1997 Order) (Commencement No. 1) Order (Northern Ireland) 1997(2), the entry in columns (1) and (2) relating to Schedule 2 to the 1997 Order (amendments to Articles 63(1) and 64(2) of the 1972 Order) is hereby deleted.

Sealed with the Official Seal of the Department of Health and Social Services on

L.S.
Joan Dixon
Assistant Secretary
21st August 1998.

Article 2(1)

SCHEDULE 1Provisions of the 1997 Order coming into operation on 1st April 1999

Column (1)
Column (2)

Article 9
Reviews of pilot schemes

Article 10
Variation and termination of pilot schemes

Article 12
Medical practitioners to be suitably experienced

Article 13
Leaving medical lists

Article 14(2) and (9)
Preferential treatment on transferring to medical lists

Article 16
Liabilities and obligations in relation to deputies

Article 19
Fund-holding practices

Article 20
Charges for dental treatment

Article 23
Right to choose medical practitioner

Article 24
Right to choose dental practitioner

Article 32(2) and Schedule 3
Repeals

Schedule 1
Preferential treatment on transferring to medical lists

Article 2(2)
SCHEDULE 2

Column (1)
Column (2)

Provision of the 1997 Order
Appointed day

Article 32(1) of, and Schedule 2 to, the 1997 Order, in so far as those provisions relate to the amendment to Articles 63(1) and 64(2) of the 1972 Order
1st September 1998

Article 32(1) of, and Schedule 2 to, the 1997 Order, in so far as those provisions relate to the amendment to Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1991(3)
1st November 1998

Article 32(1) of, and those provisions of Schedule 2 to the 1997 Order not already in operation, or otherwise brought into operation by this Order, with the exception of—

(a)
the insertion in Article 2(2) of the 1972 Order of the definitions of “health services body”, “medical lists”, “personal dental services”, “personal medical services” and “statutory provision”; and

(b)
the amendments to Articles 10 and 17(1) of the Health and Personal Social Services (Northern Ireland) Order 1991.

1st April 1999

Explanatory Note

(This note is not part of the Order.)
This Order brings into operation certain provisions of the Health Services (Primary Care) (Northern Ireland) Order 1997 (“the 1997 Order”).
Provisions which are brought into operation on 1st April 1999 relate to personal medical services or personal dental services pilot schemes, which are due to start on that date. Those provisions relate to—
(a)reviews of pilot schemes;
(b)variation and termination of pilot schemes;
(c)medical practitioners to be suitably experienced;
(d)leaving medical lists;
(e)preferential treatment on transferring to medical lists;
(f)liabilities and obligations in relation to deputies;
(g)fund-holding practices;
(h)charges for dental treatment; and
(i)right to choose medical or dental practitioner.
Provisions brought into operation on 1st November 1998 relate to those persons or bodies who have entered into a pilot scheme agreement and who apply to become a “health services body” within the meaning of Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1991. Provisions brought into operation on 1st September 1998 relate to the provision of additional pharmaceutical services and the authorised provision of pharmaceutical services by medical practitioners.
The Order brings into operation certain minor and consequential amendments in Schedule 2, and repeals in Schedule 3, to the 1997 Order, and deletes the entry in columns (1) and (2) of the Schedule to the Health Services (Primary Care) (1997 Order) (Commencement No. 1) Order (Northern Ireland) 1997 (S.R. 1997 No. 524 (C. 31)) relating to Schedule 2 to the 1997 Order.
Note as to Earlier Commencement Orders

(This note is not part of the Order.)
The following provisions of the 1997 Order have been brought into operation by the Health Services (Primary Care) (1997 Order) (Commencement No. 1) Order (Northern Ireland) 1997 (S.R. 1997 No. 524 (C. 31)):


Provision
Date of Commencement

Article 1
12th January 1998

Article 2
12th January 1998

Article 3
12th January 1998

Article 4
12th January 1998

Article 5
12th January 1998

Article 6
12th January 1998

Article 7
12th January 1998

Article 8
12th January 1998

Article 11
12th January 1998

Article 14(1) and (3) to (8)
12th January 1998

Article 17
12th January 1998

Article 18
12th January 1998

Article 27
12th January 1998

Article 28
12th January 1998

Article 29
12th January 1998

Article 30
12th January 1998

Article 31
12th January 1998

Article 32(3) and (4)
12th January 1998



(1)
S.I. 1997/1177 (N.I. 7)

(2)
S.R. 1997 No. 524 (C. 31)

(3)
S.I. 1991/194 (N.I. 1)