UK Offence Report

The Regulation and Improvement Authority (Independent Health Care) (Fees and Frequency of Inspections) (Amendment) Regulations (Northern Ireland) 2011

Northern Ireland Statutory Rule 2011 No. 17 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
25 January 2011
In force from
1 April 2011
Extent
Not stated
Subject
Miscellaneous

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations are made under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (the Order) and they amend the Independent Health Care Regulations (Northern Ireland) 2005 (“the principal regulations”) and the Regulation and Improvement Authority (Fees and Frequency of Inspections) Regulations (Northern Ireland) 2005. Regulation 2 of these Regulations amends the principal regulations as follows: 1 It extends the exceptions to the definition of independent hospital to include – i surgeries or consulting rooms where medical practitioners provide services only under certain arrangements made on behalf of patients by their employers or other specified bodies; and ii establishments where dental treatment is delivered solely under HSC arrangements (regulation 2(3)). 2 It includes in “listed services”, treatments such as haemodialysis and peritoneal dialysis and certain hyperbaric oxygen therapy delivered in sealed compressed air chambers (regulation 2 (4)). 3 It inserts a new regulation 4A into the principal regulations to modify Article 2(7) (b) of the Order to read “dental treatment” with the effect (when account is taken of new regulation 3 (i) to exclude dentists delivering treatment solely within the HSC) of requiring regulation of dental treatment delivered privately (regulation 2(5)). 4 It amends regulation 5 (Meaning of independent clinic) of the principal regulations so that an establishment where medical services are provided only under arrangements made on behalf of patients by their employers and other specified bodies is not to be regarded as an independent clinic (regulation 2(6)). 5 It substitutes regulation 6 (Exception of undertaking from the definition of independent medical agency) of the principal regulations in order to except from the definition of independent medical agency an undertaking which provides medical services under arrangements made on behalf of patients by their employers and other specified bodies (regulation 2(7)). 6 It inserts a new regulation 9A (Requirements for statements of policies and procedures) into the principal regulations to require certain written policies and procedures to be implemented in relation to arrangements for patients in independent hospitals (regulation 2(8)) and it also inserts regulations 39A to 39 E introducing requirements applying to independent hospitals providing mental or psychiatric treatment for mental disorder (regulation 2(9)). 7 It substitutes Regulation 42(1) so that a contravention of regulation 9A is also an offence under the regulations (regulation 2(10)). 8 It amends Schedules 2 & 3 to the principal regulations to update certain statutory references and to substitute the updated Part I table in Schedule 3, relating to records retention. An amendment is introduced to these regulations substituting a new definition of “approved place” to include dentist chairs in dental surgeries and to substitute a new definition of “small establishment” to exclude independent hospitals from the definition (regulation 3).

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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