1999 No. 60
HEALTH AND PERSONAL SOCIAL SERVICES
The Health and Personal Social Services (Fund-holding Practices) (Amendment) Regulations (Northern Ireland) 1999
Made 16th February 1999
Coming into operation 1st April 1999

The Department of Health and Social Services in exercise of the powers conferred on it by Articles 17(2) and (3), 18(4) and 19 of the Health and Personal Social Services (Northern Ireland) Order 1991 and of all other powers enabling it in that behalf hereby makes the following Regulations:
S.I.1991/194 (N.I. 1) – as amended by S.I.1994/429 (N.I. 2) and S.I.1997/1177 (N.I. 7)

1 Citation, commencement and interpretation
1 These Regulations may be cited as the Health and Personal Social Services (Fund-holding Practices) (Amendment) Regulations (Northern Ireland) 1999 and shall come into operation on 1st April 1999.
2 In these Regulations, “the principal Regulations” means the Health and Personal Social Services (Fund-holding Practices) Regulations (Northern Ireland) 1993.
S.R. 1993 No. 142 – as amended by S.R. 1996 No. 131, S.R. 1997 No. 184 and S.R. 1998 No. 323

2 Amendment of regulation 1 of the principal Regulations
1 Regulation 1 of the principal Regulations (citation, commencement and interpretation) is amended as follows.
2 In paragraph (2), in the appropriate position in alphabetic order, insert—

““the 1997 Order” means the Health Services (Primary Care) (Northern Ireland) Order 1997;”

;

““personal medical services” has the meaning given to it in Article 3(7) of the 1997 Order;”

;

““pilot scheme” has the meaning given to it in Article 3 of the 1997 Order;”

; and

““pilot scheme provider” means a person, other than a Health and Social Services Board, who is a party to a pilot scheme.”

.
S.I.1997/1177 (N.I. 7)
3 In paragraph (4), after “medical list” insert “in which he is included or (in the case of a medical practitioner who is not included in a medical list but who performs personal medical services under a pilot scheme) to the address of the pilot scheme provider given in the pilot scheme”.

3 Amendment of regulation 8 of the principal Regulations
In regulation 8 of the principal Regulations (withdrawal or death of a member of a fund-holding practice), in paragraph (5)(a), after the words “Health and Social Services Board” insert “or to perform personal medical services under a pilot scheme to which the Health and Social Services Board is a party,”.
Regulation 8 was substituted by regulation 4 of S.R. 1996 No. 131 and amended by regulation 6 of both S.R. 1997 No. 184 and S.R. 1998 No. 323

4 Amendment of regulation 16 of the principal Regulations
1 Regulation 16 of the principal Regulations (payment for drugs, medicines and listed appliances) is amended as follows.
2 Before paragraph (1) insert—

“A1 This regulation does not apply to members of a standard fund-holding practice or community fund-holding practice who perform personal medical services under a pilot scheme, and—
(a) the pilot scheme makes provision for the cost (however calculated) of the drugs, medicines and listed appliances supplied pursuant to orders given by or on behalf of members of the practice to be deducted from the net consideration payable under the pilot scheme to the provider, or accounted for in some other way; or
(b) under which there are to be provided services which are not personal medical services but which are services which may be provided by virtue of Article 3(3) of the 1997 Order (other than the provision of drugs, medicines or listed appliances for immediate treatment or by way of personal administration or application).
Definitions inserted by regulation 2 of S.R. 1997 No. 184”

.

5 Amendment of regulation 19 of the principal Regulations
For regulation 19(A1) of the principal Regulations (payments to staff) substitute—

“A1 This regulation does not apply to—
(a) the members of a GP commissioning group; or
(b) the members of a standard fund-holding practice or community fund-holding practice who perform personal medical services under a pilot scheme which makes provision for the cost (however calculated) of payments to staff to be included in the consideration payable under the pilot scheme to the provider.”

.
Paragraph (A1) was inserted by regulation 12 of S.R. 1998 No. 323

6 Amendment of Schedule 1 to the principal Regulations
In Schedule 1 to the principal Regulations (conditions for obtaining recognition), after paragraph 6 add—

“7 In the case of members of a practice who provide or perform personal medical services under a pilot scheme—
(a) none of them is employed by another person in accordance with the requirements of Article 17(1) of the Order; and
Article 17 is amended by Article 32(1) and Schedule 2 to the Health Services (Primary Care) (Northern Ireland) Order 1997
(b) in connection with the pilot scheme each member of the practice has a list of patients and the members together do not have a single list of patients; and
(c) the pilot scheme does not provide for a person to receive under the pilot scheme any of the goods or services specified, in the case of standard fund-holding practices in Part I, and in the case of community fund-holding practices in Part II, of the list approved from time to time by the Department for the purposes of regulation 17.”

.
Paragraph 6 was substituted by regulation 14 of S.R. 1996 No. 131

7 Amendment of Schedule 2 to the principal Regulations
In Schedule 2 of the principal Regulations (conditions for continuing recognition), after paragraph 13 add—

“14 In the case of members of a practice who provide or perform personal medical services under a pilot scheme—
(a) none of them is employed by another person in accordance with the requirements of Article 17(1) of the Order; and
(b) in connection with the pilot scheme each member of the practice has a list of patients and the members together do not have a single list of patients; and
(c) the pilot scheme does not provide for a person to receive under the pilot scheme any of the goods or services specified, in the case of standard fund-holding practices in Part I, and in the case of community fund-holding practices in Part II, of the list approved from time to time by the Department for the purposes of regulation 17.”

.
Paragraph 13 was inserted by regulation 15 of S.R. 1996 No. 131
Sealed with the Official Seal of the Department of Health and Social Services on
J. Dixon Assistant Secretary 16th February 1999.

(This note is not part of the Regulations.)
These Regulations further amend the Health and Personal Social Services (Fund-holding Practices) Regulations (Northern Ireland) 1993 (“the principal Regulations”), which regulate the recognition and operation of fund-holding practices.
The Regulations incorporate amendments in connection with the coming into operation on 1st April 1999 of certain provisions of the Health Services (Primary Care) (Northern Ireland) Order 1997 (“the 1997 Order”). In particular, regulation 4 amends regulation 16 of the principal Regulations (payment for drugs, medicines and listed appliances) so that it does not apply to standard fund-holding practices or community fund-holding practices who are party to a pilot scheme under the 1997 Order which provides for the Health and Social Services Board to recoup the costs of drugs, medicines and listed appliances prescribed by members of the practice, or which provides for services other than personal medical services. Regulation 5 amends regulation 19 of the principal Regulations (payments to staff) so that it does not apply to standard or community fund-holding practices who are party to a pilot scheme which provides for payments to staff. Regulations 6 and 7 amend Schedules 1 and 2 to the principal Regulations (conditions for obtaining and continuing recognition) to include requirements that members of fund holding practices providing or performing personal medical services under a pilot scheme under the 1997 Order must not be employed by another person, must each maintain a list of patients and, in the case of a standard or community fund-holding practice, must not provide under the pilot scheme any of the goods or services that may be purchased from the list approved by the Department (in accordance with regulation 17 of the principal Regulations).