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Health and Personal Social Services (Northern Ireland) Order 1972 is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
PART II MAIN FUNCTIONS OF THE MINISTRY
9.Medical and dental inspection, etc., of school children and young persons
14A.Arrangements for provision of health care by other bodies or persons
14B.Reimbursement of the cost of health care services secured in another EEA state where expenditure was incurred on or after 10th May 2012 but before 27th December 2013
14C.Prior authorisation for the purposes of Article 14B(3)(b) or (c)
14D.Reimbursement of the cost of health services secured in another EEA state where expenditure occurred on or after 27th December 2013
14E.Prior authorisation for the purposes of Article 14D(5)(c) and (7)
Provision of primary medical services or personal dental services
PART V OTHER FUNCTIONS OF THE MINISTRY
Provision of vehicles for persons suffering from physical defect or...
30.Provision of vehicles for persons suffering from physical defect or disability
36.Provision of accommodation in premises maintained by voluntary organisations, etc.
37.Removal to suitable premises of persons in need of care and attention
41.Availability or provision of services, otherwise than for purposes of the Order
42.Provision of services to persons not ordinarily resident in Northern Ireland
PART VI GENERAL HEALTH SERVICES
General Dental Services, General Ophthalmic Services and Pharmaceutical Services
PART VII CO-OPERATION WITH GOVERNMENT DEPARTMENTS, PUBLIC BODIES AND VOUNTARY ORGANISATIONS, ETC.
67.Co-operation between Health and Social Services Boards, district councils, etc.
68.Supply of goods and services to certain persons and bodies
69.Supply of goods and services between Health and Social Services Boards and district councils
70.Assistance to bodies providing certain housing accommodation, etc.
71.Arrangements with and assistance to voluntary organisations
PART X ENDOWMENTS AND OTHER TRUST PROPERTY, ETC.
79.Transfer of endowments, etc., held by management committees
80.Transfer of property held on trust by Northern Ireland Hospitals Authority
81.Transfer of certain property held by health and welfare authorities
82.Transfer of other property held on trust by health and welfare authorities
83.Power of trustees to make payments to Health and Social Services Boards
85.Power for certain health bodies to accept property on trust, etc
PART XII MISCELLANEOUS AND GENERAL
95.Exercise, in certain cases, of right of choice of person by whom services are to be provided
99.Charges in respect of accommodation provided by HSC trust under Article 15
100.Liability to maintain spouse or civil partner and children
101A.Recovery of cost of accommodation where persons have disposed of assets
Administrative and Supplemental Art. 104 rep. by 1986 NI 24...
SCHEDULES
PART I THE CONSTITUTION OF THE HEALTH AND SOCIAL SERVICES BOARDS
1.A Health and Social Services Board shall be a body corporate with perpetual succession to
2.A Health and Social Services Board shall, notwithstanding that it is exercising functions on behalf
3.A Health and Social Services Board shall consist of—a chairman appointed by the Head of
4.The term of office of members of a Health and Social Services Board appointed under
5.A member of a Health and Social Services Board appointed under paragraph 3(1)(a) or (b)—may
6.The proceedings of a Health and Social Services Board or of any committee thereof shall
PART II SUPPLEMENTARY PROVISIONS AS TO THE HEALTH AND SOCIAL SERVICES BOARDS
PART I THE CONSTITUTION OF THE AGENCY
1.The Agency shall be a body corporate with perpetual succession to which section 19 of
2.The Agency shall, notwithstanding that it is exercising functions on behalf of the Ministry or
3.Subject to sub-paragraph (2), the Agency shall consist of a chairman, vice-chairman and such number
4.The Ministry may, by regulations, make provision for—the appointment, tenure, and vacation of office, of
5.The proceedings of the Agency or of any committee thereof shall not be invalidated by
REMOVAL TO SUITABLE PREMISES OF PERSONS IN NEED OF CARE AND ATTENTION
1.Where an officer, being a social worker, of the responsible authority (a) has reason to...
2.(1) Subject to sub-paragraph (2), on any such application the court may, if satisfied on...
3.An order under paragraph 2 may be made so as to authorise a person's detention...
4.An order under paragraph 2 may be varied by an order of the court so...
5.At any time after the expiration of six weeks from the making of an order...
6.An application under this Schedule shall not be entertained by the court unless, three clear...
7.A person in respect of whom an application is made under this Schedule, and any...
8.Where the premises in which a person is maintained under...
9.Any expenditure incurred by the responsible authority under paragraph 8 shall be recoverable by the...
10.Any person who wilfully disobeys, or obstructs the execution of, an order under paragraph 2...
11.In the exercise of its functions under this Schedule the responsible authority shall act in...
12.In this Schedule— (a) “ responsible authority ”, in relation...
1.References to the Ministry or to the council shall be construed as references to the...
2.References to the said Schedule 6 shall be construed as references to that Schedule as...
4.In paragraph 2— (a) for the words from the beginning to “directs,” there shall be...
5.In paragraph 3(1)(ii) for the word “refuse” there shall be substituted the words “ decide...
6.In paragraph 4 the words from “and may provide” to the end of the paragraph...
7.In paragraph 5— (a) in sub-paragraph (1)( a ) the words “in the prescribed form...
8.In paragraph 6(2) for the words “fund out of which the expenses of the council...
9.In paragraph 11(3) the words “in the prescribed form” shall be omitted.
10.In paragraph 12— (a) in sub-paragraph (1) the word “such” and the words “as may...
11.In paragraph 14(1) the words “in the prescribed form” shall be omitted.
12.In paragraph 15(1) for the words “in the prescribed form” there shall be substituted the...
FORMER DISPENSARY PROPERTY, ETC.
1.Where a medical practitioner was in occupation of any dispensary residence immediately before the 5th...
2.Notwithstanding anything in any transferred provision, or in any conveyance, trust deed or other instrument...
3.Where the Ministry is satisfied that any property to which this Schedule applies (other than...
4.The Ministry shall, before disposing of any such property, notify the district council for the...
5.If the district council which has been notified pursuant to paragraph 4, by resolution duly...
6.A district council to which the interests, rights or liabilities in any property are transferred...
7.Where, under paragraph 3 or 6, any property is disposed of by the Ministry or...
8.Any district council by which any money is received under paragraph 7 in pursuance of...
CHARGES IN RESPECT OF CERTAIN SERVICES, AND OTHER RELATED MATTERS
(1) Regulations made with the approval of the Ministry of Finance may provide— (a) for...
1B.(1) Descriptions of persons may be prescribed for the purposes of paragraph 1(b) by reference...
2.Regulations made under paragraph 1 may provide that sums which...
2A.(1) The Department shall by regulations provide for payments to...
3.Subject to paragraph 4, any charges under this Order shall, without prejudice to any other...
4.Any person entitled to recover charges under this Order may, by agreement with the governing...
5.(1) Where goods or services are provided under this Order and either— (a) any charge...
6.(1) Regulations may provide that, where a person fails to pay— (a) any amount recoverable...
7.(1) A person is guilty of an offence if he does any act mentioned in...
9.Without prejudice to any other provision of this Schedule, it shall be lawful for the...
10.Nothing in Article 98(1) shall operate to restrict the making of provision under this Schedule...
Saving for sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954
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