The Health and Personal Social Services (Primary Medical Services Performers Lists) (Amendment) Regulations (Northern Ireland) 2008

Insertion of regulation 8A to the principle Regulations

9.  After regulation 8 (Requirements with which a medical practitioner included in a primary medical services performers list must comply) insert—

“Conditional Inclusion in the primary medical services performers list

8A.— (1) A Board may determine that, if a performer is to be included in the primary medical services performers list, he is to be subject, while he remains on the list, to the imposition of conditions, having regard to the requirements of article 57G(3B) of the Order (preventing fraud or prejudice to the efficiency of the service).

(2) If a performer fails to comply with a condition under paragraph (1), which has been imposed by a Board, it may remove him from the primary medical services performers list.

(3) Where a Board is considering the removal of a performer from the primary medical services performers list for breach of a condition, it shall give the performer—

(a) notice of any allegations against him;

(b) notice of the grounds for the action it is considering;

(c) the opportunity to make written representations to it within 28 days of the date of the notification under sub-paragraph (b); and

(d) the opportunity to put his case before it at an oral hearing, if the performer requests such a hearing within the 28 day period mentioned in sub-paragraph (c).

(4) If there are no representations within the period specified in paragraph (3)(c), the Board shall decide the matter and, within 7 days of making its decision, notify the performer of—

(a) that decision and the reason for it (including any facts relied upon); and

(b) any right of appeal under regulation 13 (Appeal to the Department).

(5) If there are representations the Board must take them into account before reaching its decision and shall then, within 7 days of making it, notify the performer of—

(a) that decision and the reasons for it (including any facts relied upon); and

(b) any right of appeal under regulation 13 (Appeal to the Department).

(6) If the performer requests an oral hearing, this must take place before the Board reaches its decision, and it must then, within 7 days of making that decision, notify the performer of—

(a) that decision and the reasons for it (including any facts relied upon); and

(b) any right of appeal under regulation 13 (Appeal to the Department).

(7) When the Board notifies the performer of any decision, it shall inform him that, if an appeal is to be made under regulation 13, it must be made within the period of 28 days beginning with the date on which the Board gave him the notice informing him of its decision and shall explain how to exercise any such right.

(8) The Board shall also notify the performer of his right to have the decision reviewed in accordance with regulation 12B.

(9) Where the Board determines that a performer—

(a) may be included in the primary medical services performers list, but subject to conditions imposed under this regulation; or

(b) is to be subject to conditions while he remains included in the primary medical services performers list,

the performers name may be included, or continue to be included, in that list during the period under which an appeal may be brought before the Department pursuant to regulation 13, or if an appeal is brought, until such time as that appeal has been decided, provided the performer agrees in writing to be bound by the conditions imposed until the time for the appeal has expired, or the appeal is decided.”