The Health Services (Pilot Schemes: Financial Assistance for Preparatory Work) Regulations (Northern Ireland) 1998

Made: 19th May 1998

Coming into operation: 22nd June 1998

The Department of Health and Social Services, in exercise of the powers conferred on it by Articles 18(1) and (3) and 31(2) of the Health Services (Primary Care) (Northern Ireland) Order 1997[^f00001] and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Health Services (Pilot Schemes: Financial Assistance for Preparatory Work) Regulations (Northern Ireland) 1998 and shall come into operation on 22nd June 1998.

Provision of financial assistance to prepare proposals

2

• (1) A board may make payments of financial assistance for preparatory work in connection with preparing proposals for a pilot scheme.

• (2) Subject to the provisions of this regulation, a payment mentioned in paragraph (1) shall be made only following receipt by the board of a written application from a person (“the applicant”)—

• (a) who wishes to provide piloted services; and

• (b) with whom an agreement which constitutes, or is part of, a pilot scheme may be made[^f00002].

• (3) Payments of financial assistance may be made under this regulation only if—

• (a) the applicant specifies in his application the purposes for which he intends to use the payment of financial assistance for which he has applied;

• (b) the board has notified the applicant in writing that it is willing to make a payment of financial assistance to him for the purposes so specified, and of the maximum amount of the payment which it is willing to make; and

• (c) the applicant has satisfied the board that—

• (i) he has incurred costs which are not less than the amount of the payment of financial assistance;

• (ii) the costs were incurred before the date specified in directions[^f00003], given by the Department to boards, as the latest date by which proposals must be submitted by boards to the Department; and

• (iii) the costs were incurred for the purposes specified in the application.

• (4) Where two or more persons have together applied for financial assistance, payment may be made to any one of them on behalf of them all; but otherwise in such a case “the applicant” means all of them together.

Conditions on payments of financial assistance to prepare proposals

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• (1) A person to whom a payment of financial assistance is made under regulation 2 shall comply with any conditions which the board may impose in writing in connection with the requirements mentioned in that regulation.

• (2) A person to whom a payment of financial assistance is made under regulation 2 who fails to comply with any conditions imposed by the board under this regulation shall, on demand by the board, repay the amount of the payment forthwith.

Signed

Sealed with the Official Seal of the Department of Health and Social Services on

Joan Dixon — Assistant Secretary — 19th May 1998.

Explanatory note

(This note is not part of the Regulations.)

These Regulations make provision as to payments of financial assistance to persons wishing to participate in a pilot scheme for the provision of personal medical services or personal dental services under the Health Services (Primary Care) (Northern Ireland) Order 1997.

The Regulations provide that a Health and Social Services Board (“a board”) may make payments of financial assistance in respect of work reasonably undertaken in connection with the preparation of proposals for a pilot scheme (i.e. work undertaken before approval of the proposals) and prescribe requirements which an applicant must satisfy in relation to any payment (regulation 2). The Regulations also provide that a board may impose conditions with which an applicant must comply in connection with the requirements prescribed in regulation 2, and for repayment where those conditions are not met (regulation 3).

The Directions to boards concerning the preparation of proposals for pilot schemes, which are referred to in these Regulations, can be obtained from—

Footnotes

[^f00001]: S.I. 1997/1177 (N.I. 7)

[^f00002]: See Articles 4(2) and 5(2) of S.I. 1997/1177 (N.I. 7)

[^f00003]: See the Directions to Health and Social Services Boards concerning the preparation of proposals for pilot schemes, made under Article 6 of S.I. 1997/1177 (N.I. 7)

Editorial notes

[^key-20798a7ec9ec877fc16dc6582a0fb955]: Reg. 1 in operation at 22.6.1998, see reg. 1

[^key-aa3701c5971af8410c1e880995bf814f]: Reg. 2 in operation at 22.6.1998, see reg. 1

[^key-a3f871e46621bcebbaf30116d65a0b02]: Reg. 3 in operation at 22.6.1998, see reg. 1

[^key-2d23222e9e853d2332ad754b900ba814]: Regs. 4, 5 inserted (30.9.1998) by The Health Services (Pilot Schemes: Financial Assistance for Preparatory Work) (Amendment) Regulations (Northern Ireland) 1998 (S.R. 1998/294), regs. 1(1), 2

Provision of financial assistance to prepare for the provision of piloted services

4

• (1) A board may make payments of financial assistance for preparatory work in connection with preparation for the provision of piloted services.

• (2) Subject to the provisions of this regulation, a payment mentioned in paragraph (1) shall be made only following receipt by the board of a written application from a person (“the applicant”) who is named as a proposed provider of piloted services—

• (a) in proposals for a pilot scheme which have been approved by the Department under Article 7 of the Order; or

• (b) in proposals which, having been so approved by the Department, have been subsequently varied with the agreement of the Department or, as the case may be, in accordance with directions given by the Department under Article 8 of the Order[^f00003], in the proposals as so varied,

such proposals being referred to in these Regulations as “the relevant proposals”.

• (3) Payments of financial assistance may be made under this regulation only if—

• (a) the applicant specifies in his application the purposes for which he intends to use the payment of financial assistance for which he has applied;

• (b) the board has notified the applicant in writing that it is willing to make a payment of financial assistance to him for the purposes so specified, and of the maximum amount of the payment which it is willing to make; and

• (c) the applicant has satisfied the board that—

• (i) he has incurred costs which are not less than the amount of the payment of financial assistance;

• (ii) the costs were incurred before the relevant date; and

• (iii) the costs were incurred for the purposes specified in the application.

• (4) Where two or more persons have together applied for financial assistance, payment may be made to any one of them on behalf of them all; but otherwise in such a case “the applicant” means all of them together.

• (5) Subject to any directions given by the Department under Article 8(1) of the Order as to implementation of proposals—

• (a) if the relevant proposals do not specify the date by which those proposals are to be implemented, a board may give notification to an applicant under paragraph (3)(b) only if it has agreed with him the date by which the proposals are to be implemented; but

• (b) where a board and an applicant have agreed a date by which the relevant proposals are to be implemented, they may, at any time before that date, agree a different date as the date by which the proposals are to be implemented, in substitution for that date.

• (6) In this regulation “the relevant date” means—

• (a) the date on which the relevant proposals are to be implemented;

• (b) the date on which the board receives notification from an applicant to whom it has given notification under paragraph (3)(b) in respect of the relevant proposals that he wishes to withdraw before those proposals are implemented; or

• (c) the date specified in the relevant proposals or, as the case may be, for the time being agreed under paragraph (5) as the date by which the proposals are to be implemented.

Conditions on payments of financial assistance to prepare for the provision of piloted services

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• (1) A person to whom a payment of financial assistance is made under regulation 4 shall comply with any conditions which the board may impose in writing in connection with the requirements mentioned in that regulation.

• (2) A person to whom a payment of financial assistance is made under regulation 4 who fails to comply with any conditions imposed by the board under this regulation shall, on demand by the board, repay forthwith that part of the payment which relates to costs which were not properly incurred.