The Health Services (Pilot Schemes – Health Services Bodies) Regulations (Northern Ireland) 1998

Ceasing to be a pilot scheme health services body

3.—(1) Subject to paragraphs (3) and (4), a pilot scheme health services body shall cease to be such a body if all the members of the pilot scheme health services body withdraw from the relevant pilot scheme before it has been implemented.

(2) Subject to paragraphs (3) and (4), where the relevant pilot scheme has been implemented, a pilot scheme health services body shall cease to be such a body if—

(a) the relevant pilot scheme comes to an end (in circumstances other than those specified in sub-paragraph (b));

(b) the Department gives directions under Article 10(4) of the Order relating to the relevant pilot scheme; or

(c) all the members of the pilot scheme health services body agree in writing that that body is to cease to be such a body on a specified date, and they give notice in writing of their decision to the Department and the relevant board.

(3) The date on which a pilot scheme health services body ceases to be such a body is,—

(a) in a case falling within paragraph (1), the date on which the last member of the pilot scheme health services body withdraws from the relevant pilot scheme;

(b) in a case falling within paragraph (2)(a), the date on which the relevant pilot scheme comes to an end;

(c) in a case falling within paragraph (2)(b), the date on which the directions are given; and

(d) in a case falling within paragraph (2)(c), the date specified by the members of the pilot scheme health services body.

(4) Where a pilot scheme health services body ceases to be such a body under this regulation, it ceases to be such a body for all purposes except that of being a party to an HSS contract entered into on a date before that on which the pilot scheme health services body ceases to be such a body (for which purpose it ceases to be such a body on the determination of that HSS contract).

(5) Where, by virtue of paragraph (4), a pilot scheme health services body remains such a body for the purpose of being a party to an HSS contract—

(a) if, on the date the pilot scheme health services body ceases to be such a body for other purposes under this regulation, the relevant pilot scheme has been implemented, that body is to be treated as consisting of those who provided piloted services under that scheme on the date on which that body ceased, for all other purposes, to be a health services body; and

(b) if, on the date the pilot scheme health services body ceases to be such a body for other purposes under this regulation, the relevant pilot scheme has not been implemented, that body is to be treated as consisting of those who proposed to provide piloted services under that scheme on the date on which that HSS contract was entered into.

(6) In this regulation, “HSS contract” has the meaning assigned by Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1991(1).

(1)

S.I. 1991/194 (N.I. 1); as amended by Article 32(1) of, and Schedule 2 to, S.I. 1997/1177 (N.I. 7)