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The Health and Personal Social Services Act (Northern Ireland) 2001 (Fund-holding Practices) (Transfer of Assets, Rights and Liabilities and Transitional Provisions) Order (Northern Ireland) 2002

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Treatment of final balance

8.—(1) Subject to the remaining paragraphs, the Health and Social Services Board shall apply any final balance of the former members of a fund-holding practice in discharging liabilities incurred by the former members of the fund-holding practice for the purposes specified in paragraph (4) but only up to a maximum of £100,000.

(2) Where any part of the sum specified in Article 8(1) is unspent on 1st April 2004 the Health and Social Services Board shall no longer be required to apply it in discharging liabilities incurred by the former members of a fund-holding practice.

(3) The final balance shall not be applied in accordance with Article 8(1) until, except in the case of the former members of a fund-holding practice which was no longer recognised as a fund-holding practice on 1st April 2001, the annual accounts for the financial year 2001-2002 have been submitted to the Health and Social Services Board and audited, in accordance with Articles 9 and 10.

(4) The final balance shall only be applied for one or more of the following purposes—

(a)the purchase of material or equipment which—

(i)is to be used for the treatment (including diagnostic treatment) of patients of the former members of the fund-holding practice, or

(ii)enhances the comfort or convenience of patients of the former members of the fund-holding practice,

(b)payments to—

(i)dieticians, or

(ii)counsellors providing advice on diet, alcohol consumption, smoking or other personal health matters,

(c)the purchase of computers, including hardware and software;

(d)payments to staff but only those salaries and other payments permitted by paragraph 52.6 of the Statement published in accordance with regulation 37 of the General Medical Services Regulations (Northern Ireland) 1997(1);

(e)initiatives to improve prescribing;

(f)payments for—

(i)the purchase of health education materials or equipment,

(ii)advice on the dissemination of health education to patients,

(g)in relation to the premises from which the former members carry on their practice, improvements to the premises including alterations to or decoration of the premises, the purchase of furniture and furnishings and building an extension.

(5) Where any part of the final balance remains after liabilities incurred by the former members of the fund-holding practice have been discharged in accordance with Article 8(1), it shall be applied by the Health and Social Services Board as the Department may direct.

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