The General Medical Services Transitional and Consequential Provisions (No. 2) (Northern Ireland) Order 2004

The Health and Personal Social Services (Disciplinary Procedures) Regulations (Northern Ireland) 1996

8.  Subject to Articles 70 to 80, the Health and Personal Social Services (Disciplinary Procedures) Regulations 1996(1) shall be amended as follows –

(a) in regulation 2 (interpretation) –

(i) in paragraph (1) –

(aa) omit the definitions of “Local Medical Committee”, “medical discipline committee”, “medical list” and “medical officer”;

(bb) in the definition of “deputy”, omit paragraph (a);

(cc) in the definition of “Part V1 service”, omit the words “general medical services”;

(dd) in the definition of “practitioner”, omit the word “doctor,”;

(ee) in the definition of “relevant local representative committee”, omit paragraph (a);

(ff) in the definition of “terms of service”, omit “the terms of service for doctors contained in Schedule 1”; and

(gg) in the definition of “treatment”, omit the words “in relation to general medical services, has the same meaning as in the General Medical and Pharmaceutical Regulations, and,”;

(b) in regulation 3 (establishment of committees), omit paragraph (1)(a);

(c) in regulation 4 (provisions relating to the start of disciplinary proceedings) –

(i) omit paragraph (5)(b) and (6); and

(ii) in paragraph (5)(a), omit the word “medical”;

(d) in regulation 5 (referral to discipline committee), omit paragraph (2)(a);

(e) in regulation 6 (time limits), in paragraph (3)(a), omit the word “doctor,”;

(f) in regulation 8 (determination of appropriate Board), omit paragraphs (3) and (4);

(g) in regulation 9 (appeal to the Department) –

(i) in paragraph (1)(b), omit (3), and

(ii) in paragraph (5), omit “(3),” in the second place it appears;

(h) in regulation 10 (procedure on appeal) –

(i) in paragraph (5), omit “(3)”,

(ii) in paragraph (7), omit sub-paragraph (a), and

(iii) in paragraph (8), omit sub-paragraph (a);

(i) in regulation 11 (recovery of amounts from practitioners following appeal), in paragraph (4), for the words “paragraphs (3), or”, substitute “paragraph”;

(j) omit regulations 14 (excessive prescribing by doctors), 15 (investigation of certification), 16 (investigation of record keeping) and 17 (decision as to treatment for which fees may be charged by doctors);

(k) in regulation 21 (referral of matters to professional bodies), in paragraph (3)(a) omit the words “a doctor or”;

(l) in Schedule 1 (constitution of discipline committees) –

(i) omit paragraph 2(1)(b)(ii),

(ii) in paragraph 2(2), for “(ii)”, substitute “(iii)”,

(iii) in paragraph 2(4), omit sub-paragraph (a), and

(iv) in paragraph 8(b)(i), omit the word “doctor” and omit sub-paragraph (c)(i);

(m) in Schedule 2 (procedure for investigation by discipline committees) –

(i) in paragraph 2, omit sub-paragraph (1)(a), and

(ii) in paragraph 9, omit sub-paragraph (c)(i) and (d);

(n) in Schedule 3, omit paragraph 1; and

(o) omit Schedule 4 (rules of procedure under regulation 17).

(1)

S.R. 1996 No. 137 as amended by S.R. 1999 No. 15