Health and Social Care (Reform) Act (Northern Ireland) 2009

[F1Power of Department to give directions and guidanceN.I.

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15C.(1) The Department may give directions of a general or specific nature to a Board as to the carrying out by the Board of any of its functions.

(2) The Department may give guidance to a Board as to the carrying out by the Board of any of its functions.

(3) Before giving any directions to a Board under subsection (1) the Department must consult the Board.

(4) Where the Department is of the opinion that because of the urgency of the matter it is necessary to give directions under subsection (1) without consulting the Board concerned—

(a)subsection (3) does not apply; but

(b)the Department must as soon as reasonably practicable give notice to the Board of the grounds on which the Department formed that opinion.

(5) Where the Department is of the opinion that (for any reason other than the urgency of the matter) it is not reasonably practicable to comply with subsection (3)—

(a)that subsection does not apply; but

(b)the Department must as soon as reasonably practicable give notice to the Board concerned of the grounds on which the Department formed that opinion.

(6) It is the duty of a Board—

(a)to comply with any directions given to it under subsection (1);

(b)to have regard to any guidance given to it under subsection (2).

(7) In this section “Board” means a body established under section 15B.

(8) This section does not affect the Department’s powers to give directions or guidance apart from this section.]

Textual Amendments