The Health and Personal Social Services (Northern Ireland) Order 1991

Indicative amounts for doctors' practices N.I.

21.—(1) Subject to [F1 paragraphs (2) and (8)], for each financial year, [F2 the Department] shall, by notice given to each practice F3 . . . , specify an amount of money (in this Order referred to as an “indicative amount”) representing the basic price of the drugs, medicines and listed appliances which, in the opinion of [F4 the Department] , it is reasonable to expect will be supplied in that year pursuant to orders given by or on behalf of the members of that practice.

Para. (2) rep. by 2001 c. 3 (NI)

(3) For the purposes of this Article, a “practice” means—

[F5 (a) a person or body who has entered into a contract under Article 57 of the principal Order, otherwise than in partnership; or

(b) two or more individuals practising in partnership who together have entered into such a contract;]

and any reference to the members of a practice shall be construed accordingly.

(4) The members of a practice shall seek to secure that, except with the consent of [F6 the Department] or for good cause, the orders for drugs, medicines and listed appliances given by them or on their behalf are such that the basic price of the items supplied pursuant to those orders in any financial year does not exceed the indicative amount notified to the practice for that year under paragraph (1).

(5) For the purpose of measuring the extent to which a practice is operating within the indicative amount notified to it under paragraph (1) for any financial year, [F7 the Department] shall set against that indicative amount an amount equal to the basic price of the drugs, medicines and listed appliances supplied in that year pursuant to orders given by or on behalf of members of the practice.

(6) For the purposes of this Article, regulations may make provision as to the specification of, or means of calculating, the basic price of any drugs, medicines or listed appliances.

(7) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In this Article “listed” has the same meaning as in Article 63 of the principal Order.

(8A) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1 (9) This Article does not apply in relation to the performance or provision of personal medical services in accordance with arrangements made under Article 15B of the principal Order.]

F1 1997 NI 7

F2 Words in art. 21(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 144(2)(a); S.R. 2022/102, art. 2(b)

F3 Words in art. 21(1) repealed (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 33, 34(3), Sch. 6 para. 13(8)(a), Sch. 7; S.R. 2009/114, art. 2

F4 Words in art. 21(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 144(2)(b); S.R. 2022/102, art. 2(b)

F5 2004 NI 2

F6 Words in art. 21(4) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 144(3); S.R. 2022/102, art. 2(b)

F7 Words in art. 21(5) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 144(4); S.R. 2022/102, art. 2(b)

F8 Art. 21(7)(8A) repealed (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 33, 34(3), Sch. 6 para. 13(8)(c), Sch. 7; S.R. 2009/114, art. 2