Tribunal Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations)

These regulations consolidate, with amendments, the Tribunal Regulations (Northern Ireland) 1995 (“the 1995 Regulations”).

The regulations are consequential upon the coming into operation of amendments made by the Health and Personal Social Services Act (Northern Ireland) 2001 (“the 2001 Act”) which inserted a new Schedule 11 into the Health and Personal Social Services (Northern Ireland) Order 1972, (“the 1972 Order”), dealing with the Tribunal and the disqualification of practitioners.

The changes include powers and duties for the Tribunal to inquire into representations that a practitioner meets a new second condition for disqualification (which are referred to in Schedule 11 of the 1972 Order as “fraud cases”), powers to make a conditional disqualification (a disqualification which is to come into effect only if the Tribunal determine on a review that a person subject to the inquiry has failed to comply with any conditions), and new powers and duties in relation to reviews of disqualifications, conditional disqualifications or declarations of unfitness.

Part I of these Regulations makes general provisions for the purpose of these Regulations.

Part II of these Regulations consolidates the provisions of the 1995 Regulations relating to the appointment of members of the Tribunal.

Part III of these Regulations make provisions for the making of representations to the Tribunal and for the procedure in accordance with which enquiries under paragraphs 1 – 4 of Schedule 11 to the 1972 Order are to be held. The principal changes in Part III from the provisions of the 1995 Regulations as a result of the substitution of Schedule 11 by the 2001 Act are –

(a) regulation 4(2) prescribes the time within which representations that the second condition for disqualification is met and which relate to a practitioner who has applied to join a list, must be made;

(b) regulations 7(3) and 13(3)(c) make provision for notifying Health and Social Services Boards when a person is subject to an inquiry in a fraud case and when those representations are withdrawn; and

(c) regulation 15(1) provides that where it would be the duty of the Tribunal to inquire into both an efficiency case and a fraud case in respect of the same person it may inquire into one case before the other.

The other principal changes in Part III from the provisions of the 1995 Regulations are –

(a) regulation 4(4) prescribes that the time limit for submitting representations may be extended by the Tribunal, and confers on the Tribunal power to do so;

(b) regulations 7(1) and (2) and 9(4) and (6) require the Tribunal to give additional information to all parties about documents submitted to the Tribunal;

(c) regulation 14 makes provision for where any party which has received notice of an inquiry fails to appear at the inquiry;

(d) regulation 15(2) makes provision that inquiries before the Tribunal may not be adjourned solely because of an investigation into the same facts by the respondent’s professional body;

(e) regulation 19(4) makes additional provision for the Department to publish decisions of the Tribunal by sending them to respondents' professional bodies.

Part IV of these Regulations make provision for, and for the determination of, procedure in relation to determining applications for interim suspension under the 1972 Order. The principal change from the 1995 Regulations is to make provision, in regulation 20(7), for the time limits for submitting a statement-in-answer and for notice of the date and time of an inquiry to be varied, provided that the respondent still has an opportunity to appear before the Tribunal and to be heard and call witnesses and produce other evidence.

Part V of these Regulations makes provision for inquiries for the purposes of a review under the 1972 Order. The principal change from the 1995 Regulations is to make provision, in regulation 22(7), for certain applications for review under the 1972 Order of a conditional disqualification by a Board.

Part VI of these Regulations consolidates various miscellaneous provisions in the 1995 Regulations. The principal change to those provisions as a result of the coming into operation of amendments made by the 2001 Act is provision, in regulation 24, for the purpose of securing that a person subject to an inquiry in a fraud case is not added to any list until proceedings in that case are finally concluded.

The other principal change in Part VI from the 1995 Regulations is to make provision for the Department, in certain circumstances, after notifying the practitioner and giving them an opportunity to make representations, to direct Boards to recover amounts from practitioners where there has been a decision of the Tribunal against that practitioner.

In Part VI also, regulation 30 makes transitional provisions and regulation 31 and Schedule 3 repeal the provisions of the 1995 Regulations and consequential amendments of those regulations.

Schedule 1 makes provisions for procedure at all inquires before the Tribunal.

Schedule 2 sets out the prescribed forms for use in proceedings in connection with representations and applications to the Tribunal.