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

Regulation 12

SCHEDULE N.I. CONSEQUENTIAL AMENDMENTS

The Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993 N.I.

1.  The Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993(1) are amended as follows.

Commencement Information

I1 Sch. para. 1 in operation at 1.4.2022, see reg. 1

2.—(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) 2022(2);”

Commencement Information

I2 Sch. para. 2 in operation at 1.4.2022, see reg. 1

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

(2) In paragraph (2A)(3)—

(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”.

Commencement Information

I3 Sch. para. 3 in operation at 1.4.2022, see reg. 1

4.—(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”.

Commencement Information

I4 Sch. para. 4 in operation at 1.4.2022, see reg. 1

Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004 N.I.

5.  The Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004(4) are amended as follows.

Commencement Information

I5 Sch. para. 5 in operation at 1.4.2022, see reg. 1

6.—(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) 2022(5);”

Commencement Information

I6 Sch. para. 6 in operation at 1.4.2022, see reg. 1

7.—(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”.

Commencement Information

I7 Sch. para. 7 in operation at 1.4.2022, see reg. 1

8.—(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”.

Commencement Information

I8 Sch. para. 8 in operation at 1.4.2022, see reg. 1

9.—(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 1^st 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”.

Commencement Information

I9 Sch. para. 9 in operation at 1.4.2022, see reg. 1

10.—(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”.

Commencement Information

I10 Sch. para. 10 in operation at 1.4.2022, see reg. 1

Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004 N.I.

11.  The Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004(6) are amended as follows.

Commencement Information

I11 Sch. para. 11 in operation at 1.4.2022, see reg. 1

12.—(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) 2022(7);”.

(3) omit the definition of “Board”.

Commencement Information

I12 Sch. para. 12 in operation at 1.4.2022, see reg. 1

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

Commencement Information

I13 Sch. para. 13 in operation at 1.4.2022, see reg. 1

14.—(1) Regulation 6C(8) (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”.

Commencement Information

I14 Sch. para. 14 in operation at 1.4.2022, see reg. 1

15.—(1) Regulation 8A(9) (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”.

Commencement Information

I15 Sch. para. 15 in operation at 1.4.2022, see reg. 1

16.—(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”.

Commencement Information

I16 Sch. para. 16 in operation at 1.4.2022, see reg. 1

17.—(1) Regulation 10A(10) (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”.

Commencement Information

I17 Sch. para. 17 in operation at 1.4.2022, see reg. 1

18.—(1) Regulation 12A(11) (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”.

Commencement Information

I18 Sch. para. 18 in operation at 1.4.2022, see reg. 1

19.—(1) Regulation 12B(12) (Reviews) is amended as follows.

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

Commencement Information

I19 Sch. para. 19 in operation at 1.4.2022, see reg. 1

20.—(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)(13), 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)(14), 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)(15)—

(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”.

Commencement Information

I20 Sch. para. 20 in operation at 1.4.2022, see reg. 1

21.—(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;”.

Commencement Information

I21 Sch. para. 21 in operation at 1.4.2022, see reg. 1

General Ophthalmic Services Regulations (Northern Ireland) 2007 N.I.

22.  The General Ophthalmic Services Regulations (Northern Ireland) 2007(16) are amended as follows.

Commencement Information

I22 Sch. para. 22 in operation at 1.4.2022, see reg. 1

23.—(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) 2022(17);”

(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”.

Commencement Information

I23 Sch. para. 23 in operation at 1.4.2022, see reg. 1

Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016 N.I.

24.  The Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016(18) are amended as follows.

Commencement Information

I24 Sch. para. 24 in operation at 1.4.2022, see reg. 1

25.—(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) 2022(19);”

Commencement Information

I25 Sch. para. 25 in operation at 1.4.2022, see reg. 1

26.  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”.

Commencement Information

I26 Sch. para. 26 in operation at 1.4.2022, see reg. 1

27.—(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).

Commencement Information

I27 Sch. para. 27 in operation at 1.4.2022, see reg. 1

28.—(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).

Commencement Information

I28 Sch. para. 28 in operation at 1.4.2022, see reg. 1

29.—(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”.

Commencement Information

I29 Sch. para. 29 in operation at 1.4.2022, see reg. 1

30.—(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).

Commencement Information

I30 Sch. para. 30 in operation at 1.4.2022, see reg. 1

(1)

S.R. 1993 No. 326.

(2)

S.R. 2022 No. 109.

(3)

Paragraphs (2A) to (2E) were inserted by regulation 4 of S.R. 2001 No. 89.

(4)

S.R. 2004 No. 140.

(5)

S.R. 2022 No. 109.

(6)

S.R. 2004 No. 149.

(7)

S.R. 2022 No. 109.

(8)

Regulation 6C was inserted by regulation 4 of S.R. 2010 No. 376.

(9)

Regulation 8A was inserted by regulation 9 of S.R. 2008 No. 434.

(10)

Regulation 10A was inserted by regulation 11 of S.R. 2008 No. 434.

(11)

Regulation 12A was inserted by regulation 13 of S.R. 2008 No. 434.

(12)

Regulation 12B was inserted by regulation 14 of S.R. 2008 No. 434.

(13)

Regulation 13(1) was substituted and regulation 13 (1A) was inserted by regulation 15 of S.R. 2008 No. 434.

(14)

Regulation 13(1B) was inserted by regulation 5 of S.R. 2010 No. 376.

(15)

Paragraphs (12) and (13) were inserted by regulation 15 of S.R. 2008 No. 434.

(16)

S.R. 2007 No. 436

(17)

S.R. 2022 No. 109.

(18)

S.R. 2016 No. 104.

(19)

S.R. 2022 No. 109.