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The Health Services (Tribunal and Disciplinary Procedures) (Amendment) Regulations (Northern Ireland) 1999

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Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Tribunal Regulations (Northern Ireland) 1995 (“the Tribunal Regulations”), in order to implement the provisions of Schedule 1 to the Health Services (Primary Care) (Northern Ireland) Order 1997 (“the 1997 Order”). The Regulations also make minor or consequential amendments to the Tribunal Regulations.

Schedule 1 to the 1997 Order applies where the Department of Health and Social Services (“the Department”) determines that a medical practitioner should be given preferential treatment when making an application for his name to be included in a Health and Social Services Board’s (“a Board”) medical list after ceasing to perform personal medical services. The 1997 Order provides that a Board or any other person may make representations to the Tribunal against preferential treatment.

The Regulations provide that the procedure relating to such representations against such preferential treatment will be similar to the provisions made for other representations to the Tribunal, except that any representations against preferential treatment must be made within a period of 14 days from the date on which the Department publishes information about an application for inclusion in a medical list from a medical practitioner whom the Department has determined should be given preferential treatment.

The 1997 Order provides that where representations against preferential treatment have been made, the Tribunal may direct that the person’s name may not be included in the medical list kept by the Board. These Regulations provide for a procedure whereby someone who is subject to such a direction may apply to the Tribunal for the direction to be removed.

The Regulations also make consequential amendments to the Health and Personal Social Services (Disciplinary Procedures) Regulations (Northern Ireland) 1996 to take account of a pilot scheme doctor acting as a deputy for a general practitioner, and vice versa.

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