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

9.—(1) The Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001(1) shall be amended as provided in this paragraph.

(2) In regulation 2 (interpretation) –

(a) for the definition of “assistant practitioner” substitute –

““assistant practitioner” means –

(a)

a person on the primary medical services performers list who is employed (other than by a Health and Social Services Board) to perform primary medical services under a GMS contract, a default contract or a PMS agreement; or

(b)

an employee of a dental practitioner whose name is included on a list being himself a dental practitioner who, in such employment, is engaged in assisting his employer in the actual discharge of his duties as such practitioner and for whose employment the consent of the Health and Social Services Board is required;”;

(b) for the definition of “medical list”, substitute in the appropriate place –

““primary medical services performers list” means a list prepared by a Health and Social Services Board pursuant to regulation 4(1) of the Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004(2);”

(c) in the definition of “practitioner” –

(i) in paragraph (a) for “a registered medical practitioner or a registered dentist whose name is included in the medical list of a Health and Social Services Board or, as the case may be,” substitute “a registered dentist whose name is included”,

(ii) in paragraph (c), omit “a registered medical practitioner or”,

(iii) omit “and” after paragraph (d),

(iv) in paragraph (e) –

(aa) for “a registered medical practitioner or a registered dentist who is a medical pilot scheme employee or, as the case may be, a dental pilot scheme employee,” substitute “a registered dentist who is a dental pilot scheme employee”;

(bb) in sub-paragraph (i), omit “the medical list or, as the case may be,”

(cc) in the full out words at the end, omit “medical or”, and

(dd) at the end, insert “and”, and

(v) at the end, add paragraph (f) –

“(f) a registered medical practitioner who is included in a primary medical services performers list and who is providing services under –

(i) a GMS contract or a default contract, or

(ii) a PMS agreement;”;

(d) omit the definitions of “medical pilot scheme employee” and “personal medical services”; and

(e) insert, in the appropriate place –

““default contract” means a contract under Article 13 of the General Medical Services Transitional and Consequential Provisions (No. 1) (Northern Ireland) Order 2004(3);

“GMS contract” means a contract under Article 57 of the 1972 Order(4);

“PMS agreement” means an agreement made under Article 15B of the 1972 Order(5)”;

(3) In regulation 3 (persons to whom the regulations apply), omit paragraph (1)(f).

(4) In regulation 5 (recovery of costs), in paragraph (7)(c), for

“to –

(b) a person providing piloted services, or

(d) a registered medical practitioner who is a medical pilot scheme employee,”

substitute “to a person providing piloted services”.

(1)

S.R. 2001 No. 367

(2)

S.R. 2004 No. 149

(3)

S.R. 2004 No. 141

(4)

Article 57 was inserted into the 1972 Order by Article 4 of the Primary Medical Services (Northern Ireland) Order 2004 (N.I. 2) (“ the 2004 Order”)

(5)

Article 15B was inserted into the 1972 Order by Article 21 of the 1997 Order and amended by Articles 6 and 7 of the 2004 Order