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

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Health and Social Care (Reform) Act (Northern Ireland) 2009 is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULES

Sections 7 and 9.

SCHEDULE 1N.I.THE REGIONAL HEALTH AND SOCIAL CARE BOARD

StatusN.I.

1  F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

General powersN.I.

F12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

MembershipN.I.

F13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

Commencement Information

I1Sch. 1 para. 3 wholly in operation at 1.4.2009; Sch. 1 para. 3 in operation for certain purposes at Royal Assent see s. 34(2)(a); Sch. 1 para. 3 in operation at 1.4.2009 insofar as not already in operation by S.R. 2009/114, art. 2

Remuneration and allowancesN.I.

F14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

Term of officeN.I.

F15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

Resignation and removalN.I.

F16  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

CommitteesN.I.

F17  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

Sub-committeesN.I.

[F28—(1) The Regional Board or a committee may appoint a sub-committee to consider and report to the Regional Board or, as the case may be, the committee on any matter within the competence of the Regional Board or the committee.N.I.

(2) References in this Schedule to a sub-committee are to a sub-committee appointed under this paragraph.

(3) A sub-committee may include persons who are not members of the Regional Board or the committee which appoints the sub-committee.]

Textual Amendments

ProceedingsN.I.

[F29  Without prejudice to section 19(1)(a)(v) of the Interpretation Act (Northern Ireland) 1954 (c. 33), the Regional Board shall make standing orders regulating the procedure of the Board, its committees and sub-committees, including provision regulating—N.I.

(a)the convening of meetings;

(b)the fixing of the quorum; and

(c)the conduct of business at meetings.]

Textual Amendments

Validity of proceedingsN.I.

[F210  The proceedings of the Regional Board or of any committee or sub-committee are not invalidated—N.I.

(a)by any vacancy in the membership of the Regional Board or the committee or sub-committee;

(b)by any defect in the appointment of any of its members; or

(c)by any failure to comply with paragraph 9.]

Textual Amendments

Disclosure of pecuniary, etc., interests and related provisionsN.I.

11—[F2(1) Subject to sub-paragraph (2), sections 28 to 33 and 146 of the Local Government Act (Northern Ireland) 1972 (c. 9) and section 148 of that Act so far as it applies for the interpretation of those sections, shall apply to the Regional Board, a committee or sub-committee and to a member of the Regional Board, a committee or sub-committee as if—N.I.

(a)in those sections—

(i)any reference to a council were a reference to the Regional Board, a committee or sub-committee,

(ii)any reference to a councillor were a reference to a member of the Regional Board, a committee or sub-committee,

(iii)any reference to the clerk of the council were a reference to the chief officer of the Regional Board, and

(iv)any reference to that Act were a reference to this Act;

(b)in section 28(4) of that Act the words “or 46” were omitted and for the words from “by any local elector” onwards there were substituted the words “by any person.”.]

F3(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The chief officer and other staffN.I.

F412  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F413  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

Commencement Information

I2Sch. 1 para. 13 wholly in operation at 1.4.2009; Sch. 1 para. 13 in operation for certain purposes at Royal Assent see s. 34(2)(a); Sch. 1 para. 13 in operation at 1.4.2009 insofar as not already in operation by S.R. 2009/114, art. 2

Application of the sealN.I.

F414  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

Execution of documentsN.I.

F415  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

FinanceN.I.

F416  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

AccountsN.I.

F417  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

Annual reportN.I.

F418  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

Commencement Information

I3Sch. 1 para. 18 wholly in operation at 1.4.2009; Sch. 1 para. 18 in operation for certain purposes at Royal Assent see s. 34(2)(a); Sch. 1 para. 18 in operation at 1.4.2009 insofar as not already in operation by S.R. 2009/114, art. 2

InterpretationN.I.

F419  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

InformationN.I.

F420  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

Default powers of DepartmentN.I.

F421  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

Commencement Information

I4Sch. 1 para. 21 wholly in operation at 1.4.2009; Sch. 1 para. 21 in operation for certain purposes at Royal Assent see s. 34(2)(a); Sch. 1 para. 21 in operation at 1.4.2009 insofar as not already in operation by S.R. 2009/114, art. 2

Section 12.

SCHEDULE 2N.I.THE REGIONAL AGENCY FOR PUBLIC HEALTH AND SOCIAL WELL-BEING

StatusN.I.

1—(1) The Regional Agency shall not be regarded—N.I.

(a)as the servant or agent of the Crown; or

(b)as enjoying any status, immunity or privilege of the Crown.

(2) The property of the Regional Agency shall not be regarded as property of, or held on behalf of, the Crown.

(3) Where land in which the Department has an interest is managed, used or occupied by the Regional Agency, the interest of the Department shall be treated for the purposes of any statutory provision or rule of law relating to Crown land or interests as if it were an interest held otherwise than by, or on behalf of, the Crown.

(4) The Regional Agency shall, notwithstanding that it is exercising any functions on behalf of the Department, be entitled to enforce any rights acquired and shall be liable in respect of any liabilities incurred (including liabilities in tort) in the exercise of those functions in all respects as if it were acting as a principal, and all proceedings for the enforcement of such rights or liabilities shall be brought by or against the Regional Agency in its own name.

(5) Subject to the provisions of this Schedule, section 19 of the Interpretation Act (Northern Ireland) 1954 (c. 33) applies to the Regional Agency.

General powersN.I.

2—(1) Subject to any directions given by the Department, the Regional Agency may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.N.I.

(2) But the Regional Agency may not borrow money.

MembershipN.I.

3—(1) The Regional Agency shall consist of—N.I.

(a)a Chair appointed by the Department;

(b)a prescribed number of persons appointed by the Department;

(c)the chief officer of the Regional Agency;

(d)such other officers of the Regional Agency as may be prescribed;

(e)not more than a prescribed number of other officers of the Regional Agency appointed by the Chair and the members specified in heads (b) and (c); and

(f)a prescribed number of members of district councils appointed by the Department in such manner as may be prescribed.

(2) Except in so far as regulations otherwise provide, no person who is an officer of the Regional Agency may be appointed under sub-paragraph (1)(a) or (b).

[F5(3) Regulations may provide—

(a)that the person appointed under sub-paragraph (1)(a) must fulfil prescribed conditions or hold a post of a prescribed description;

(b)that all or any of the persons appointed under sub-paragraph (1)(b) must fulfil prescribed conditions or hold posts of a prescribed description.]

Textual Amendments

Commencement Information

I5Sch. 2 para. 3 wholly in operation at 1.4.2009; Sch. 2 para. 3 in operation for certain purposes at Royal Assent see s. 34(2)(c); Sch. 2 para. 3 in operation at 1.4.2009 insofar as not already in operation by S.R. 2009/114, art. 2

Remuneration and allowancesN.I.

4—(1) The Regional Agency shall pay to its members such remuneration and allowances as the Department may determine.N.I.

(2) A determination of the Department under this paragraph requires the approval of the Department of Finance and Personnel.

Term of officeN.I.

5—(1) The term of office of members of the Regional Agency appointed under paragraph 3(1)(a), (b), (e) or (f) shall be 4 years or such other period as may be determined by the Department at the time the appointments are made.N.I.

(2) A member of the Regional Agency specified in paragraph 3(1)(c), (d) or (e)—

(a)who ceases to hold the qualifying office, shall cease to be a member of the Regional Agency;

(b)who is suspended from the qualifying office, shall be suspended from membership of the Regional Agency while suspended from that office.

(3) In sub-paragraph (2) “the qualifying office” in relation to a member of the Regional Agency means the office under the Regional Agency which the member held at the time of becoming a member of the Regional Agency.

(4) A member of the Regional Agency specified in paragraph 3(1)(f) who ceases to be a member of a district council shall cease to be a member of the Regional Agency.

Resignation and removalN.I.

6—(1) A member of the Regional Agency appointed under paragraph 3(1)(a), (b) or (f)—N.I.

(a)may resign membership by serving notice on the Department;

(b)may be removed from office by the Department.

(2) A member of the Regional Agency appointed under paragraph 3(1)(e) may be removed from office by the Chair and the members specified in paragraph 3(1)(b) and (c).

(3) Where any member of the Regional Agency—

(a)is absent from the meetings of the Regional Agency for more than 6 months consecutively, except for an approved reason; or

(b)is convicted of an indictable offence;

the Regional Agency shall forthwith, by resolution, declare the office to be vacant and shall notify that fact in such manner as it thinks fit, and thereupon the office shall become vacant.

(4) In sub-paragraph (3)(a) “approved reason” means a reason approved—

(a)in the case of members appointed under paragraph 3(1)(e), by the Chair and the members specified in paragraph 3(1)(b) and (c);

(b)in the case of any other member, by the Department.

(5) Where the place of a member specified in paragraph 3(1)(a), (b), (e) or (f) becomes vacant before the expiration of the member's term of office whether by death, resignation or otherwise, the vacancy shall be filled by appointment—

(a)in the case of a member specified in paragraph 3(1)(a) or (b), by the Department;

(b)in the case of a member specified in paragraph 3(1)(e), by the Chair and the members specified in paragraph 3(1)(b) and (c);

(c)in the case of a member specified in paragraph 3(1)(f), by the Department in such manner as may be prescribed;

and any person so appointed shall hold office for the remainder of the term of office of the former member.

Commencement Information

I6Sch. 2 para. 6 wholly in operation at 1.4.2009; Sch. 2 para. 6 in operation for certain purposes at Royal Assent see s. 34(2)(c); Sch. 2 para. 6 in operation at 1.4.2009 insofar as not already in operation by S.R. 2009/114, art. 2

CommitteesN.I.

7—(1) The Regional Agency may appoint one or more committees to which it may delegate such of its functions as it thinks fit.N.I.

(2) References in this Schedule to a committee are to a committee appointed under this paragraph.

(3) A person who is not a member of the Regional Agency shall not, except with the approval of the Department, be appointed to a committee.

(4) The Regional Agency may pay to members of its committees who are neither members nor employees of the Regional Agency such remuneration and allowances as the Regional Agency may, with the approval of the Department, determine.

(5) Every member of a committee who, at the time of appointment, was a member of the Regional Agency shall, on ceasing to be a member of the Regional Agency, also cease to be a member of the committee.

Sub-committeesN.I.

8—(1) The Regional Agency or a committee may appoint a sub-committee to consider and report to the Regional Agency or, as the case may be, the committee on any matter within the competence of the Regional Agency or the committee.N.I.

(2) References in this Schedule to a sub-committee are to a sub-committee appointed under this paragraph.

(3) A sub-committee may include persons who are not members of the Regional Agency or the committee which appoints the sub-committee.

ProceedingsN.I.

9  Without prejudice to section 19(1)(a)(v) of the Interpretation Act (Northern Ireland) 1954 (c. 33), the Regional Agency shall make standing orders regulating the procedure of the Regional Agency, its committees and sub-committees, including provision regulating—N.I.

(a)the convening of meetings;

(b)the fixing of the quorum; and

(c)the conduct of business at meetings.

Validity of proceedingsN.I.

10  The proceedings of the Regional Agency or of any committee or sub-committee are not invalidated—N.I.

(a)by any vacancy in the membership of the Regional Agency or the committee or sub-committee;

(b)by any defect in the appointment of any of its members; or

(c)by any failure to comply with paragraph 9.

Disclosure of pecuniary, etc., interests and related provisionsN.I.

11—(1) Subject to sub-paragraph (2), sections 28 to 33 and 146 of the Local Government Act (Northern Ireland) 1972 (c. 9) and section 148 of that Act so far as it applies for the interpretation of those sections, shall apply to the Regional Agency, a committee or sub-committee and to a member of the Regional Agency, a committee or sub-committee as if—N.I.

(a)in those sections—

(i)any reference to a council were a reference to the Regional Agency, a committee or sub-committee,

(ii)any reference to a councillor were a reference to a member of the Regional Agency, a committee or sub-committee,

(iii)any reference to the clerk of the council were a reference to the chief officer of the Regional Agency, and

(iv)any reference to that Act were a reference to this Act;

(b)in section 28(4) of that Act the words “or 46” were omitted and for the words from “by any local elector” onwards there were substituted the words “by any person.”.

(2) Notwithstanding anything in sub-paragraph (1), an officer of the Regional Agency who is a member of the Regional Agency may vote upon any matter which affects the interests of officers of the Regional Agency or such officers of any class (including a class to which the officer belongs), but must not vote upon any matter affecting only the officer's individual interest.

The chief officer and other staffN.I.

12—(1) There shall be a chief officer of the Regional Agency who shall be a member of the staff of the Regional Agency and shall be responsible to the Regional Agency for the general exercise of its functions.N.I.

(2) Subject to paragraph 13—

(a)the first chief officer shall be appointed by the Department; and

(b)any subsequent chief officer shall be appointed by the Regional Agency.

13—(1) The qualifications, remuneration and conditions of service of officers of the Regional Agency may be determined by the Department.N.I.

(2) Regulations may make provision with respect to—

(a)the method of appointment of officers of the Regional Agency;

(b)the qualifications, remuneration and conditions of service of such officers of the Regional Agency as may be prescribed;

and an officer such as is mentioned in head (b) shall not be employed otherwise than in accordance with the regulations.

(3) Determinations or regulations under sub-paragraph (1) or (2) may provide for approvals or determinations to have effect from a date specified in them.

(4) The date mentioned in sub-paragraph (3) may be before or after the date of giving the approvals or making the determinations but may not be before if it would be to the detriment of the officers to whom the approvals or determinations relate.

(5) The appointment and removal from office of such officers of the Regional Agency as may be prescribed is subject to the approval of the Department.

Commencement Information

I7Sch. 2 para. 13 wholly in operation at 1.4.2009; Sch. 2 para. 13 in operation for certain purposes at Royal Assent see s. 34(2)(c); Sch. 2 para. 13 in operation at 1.4.2009 insofar as not already in operation by S.R. 2009/114, art. 2

Application of the sealN.I.

14  The application of the seal of the Regional Agency shall be authenticated by the signatures of—N.I.

(a)at least one member of the Regional Agency appointed under paragraph 3(1)(a) or (b); and

(b)the chief officer of the Regional Agency.

Execution of documentsN.I.

15—(1) Any document which if executed by an individual would not require to be executed as a deed may be executed on behalf of the Regional Agency by any person generally or specially authorised by the Regional Agency for that purpose.N.I.

(2) In any legal proceedings any document purporting to have been so executed on behalf of the Regional Agency shall be deemed to be so executed until the contrary is proved.

FinanceN.I.

16—(1) The Department may make payments to the Regional Agency out of money appropriated for the purpose.N.I.

(2) Payments under this paragraph shall be made on such terms and conditions as the Department may determine.

(3) Subject to sub-paragraph (4), the Regional Agency must pay to the Department all sums received by it in the course of, or in connection with, the carrying out of its functions.

(4) Sub-paragraph (3) does not apply to such sums, or sums of such description, as the Department may, with the approval of the Department of Finance and Personnel, direct.

(5) Any sums received by the Department under sub-paragraph (3) shall be paid into the Consolidated Fund.

AccountsN.I.

17—(1) The Regional Agency shall—N.I.

(a)keep proper accounts and proper records in relation to the accounts; and

(b)prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts shall—

(a)be in such form; and

(b)contain such information,

as the Department may, with the approval of the Department of Finance and Personnel, direct.

(3) The Regional Agency shall, within such period after the end of each financial year as the Department may direct, send copies of the statement of accounts relating to that year to—

(a)the Department; and

(b)the Comptroller and Auditor General.

(4) The Comptroller and Auditor General shall—

(a)examine, certify and report on every statement of accounts received from the Regional Agency under this paragraph; and

(b)send a copy of any such report to the Department.

(5) The Department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General's report before the Assembly.

Annual reportN.I.

18—(1) The Regional Agency shall within such period after the end of each financial year as the Department may direct, prepare and send to the Department a report in such form, and containing such information, as may be prescribed.N.I.

(2) The Department shall lay a copy of the report before the Assembly.

Commencement Information

I8Sch. 2 para. 18 wholly in operation at 1.4.2009; Sch. 2 para. 18 in operation for certain purposes at Royal Assent see s. 34(2)(c); Sch. 2 para. 18 in operation at 1.4.2009 insofar as not already in operation by S.R. 2009/114, art. 2

InterpretationN.I.

19  In paragraphs 17 and 18—N.I.

“Comptroller and Auditor General” means the Comptroller and Auditor General for Northern Ireland;

“financial year” means—

(a)

the period beginning with the day on which the Regional Agency is established and ending on the next following 31st March; and

(b)

each subsequent period of 12 months ending on 31st March.

InformationN.I.

20—(1) The Regional Agency shall record such information with respect to the exercise of its functions as the Department may direct.N.I.

(2) Information shall be recorded in such form, and retained for such period, as the Department may determine.

(3) The Regional Agency shall, in relation to its functions, furnish to the Department, such reports, returns and other information as the Department may require.

Default powers of DepartmentN.I.

21—(1) The powers conferred by this paragraph are exercisable by the Department if it is satisfied that the Regional Agency has without reasonable excuse failed to discharge any of its functions adequately or at all.N.I.

(2) The Department may—

(a)make an order declaring the Regional Agency to be in default; and

(b)direct the Regional Agency to discharge such of its functions, in such manner and within such period or periods, as may be specified in the direction.

(3) If the Regional Agency fails to comply with the Department's direction under sub-paragraph (2), the Department may—

(a)discharge the functions to which the direction relates itself; or

(b)make arrangements for any other person to discharge those functions on its behalf.

Commencement Information

I9Sch. 2 para. 21 wholly in operation at 1.4.2009; Sch. 2 para. 21 in operation for certain purposes at Royal Assent see s. 34(2)(c); Sch. 2 para. 21 in operation at 1.4.2009 insofar as not already in operation by S.R. 2009/114, art. 2

Section 14.

SCHEDULE 3N.I.THE REGIONAL BUSINESS SERVICES ORGANISATION

StatusN.I.

1—(1) RBSO shall not be regarded—N.I.

(a)as the servant or agent of the Crown; or

(b)as enjoying any status, immunity or privilege of the Crown.

(2) The property of RBSO shall not be regarded as property of, or held on behalf of, the Crown.

(3) Where land in which the Department has an interest is managed, used or occupied by RBSO, the interest of the Department shall be treated for the purposes of any statutory provision or rule of law relating to Crown land or interests as if it were an interest held otherwise than by, or on behalf of, the Crown.

(4) RBSO shall, notwithstanding that it is exercising any functions on behalf of the Department, be entitled to enforce any rights acquired and shall be liable in respect of any liabilities incurred (including liabilities in tort) in the exercise of those functions in all respects as if it were acting as a principal, and all proceedings for the enforcement of such rights or liabilities shall be brought by or against RBSO in its own name.

(5) Subject to the provisions of this Schedule, section 19 of the Interpretation Act (Northern Ireland) 1954 (c. 33) applies to RBSO.

General powersN.I.

2—(1) Subject to any directions given by the Department, RBSO may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.N.I.

(2) But RBSO may not borrow money.

MembershipN.I.

3—(1) RBSO shall consist of—N.I.

(a)a Chair appointed by the Department;

(b)a prescribed number of members appointed by the Department;

(c)the chief officer of RBSO; and

(d)such other officers of RBSO as may be prescribed.

(2) Except in so far as regulations otherwise provide, no person who is an officer of RBSO may be appointed under sub-paragraph (1)(a) or (b).

[F6(3) Regulations may provide—

(a)that the person appointed under sub-paragraph (1)(a) must fulfil prescribed conditions or hold a post of a prescribed description;

(b)that all or any of the persons appointed under sub-paragraph (1)(b) must fulfil prescribed conditions or hold posts of a prescribed description.]

Textual Amendments

Commencement Information

I10Sch. 3 para. 3 wholly in operation at 1.4.2009; Sch. 3 para. 3 in operation for certain purposes at Royal Assent see s. 34(2)(d); Sch. 3 para. 3 in operation at 1.4.2009 insofar as not already in operation by S.R. 2009/114, art. 2

Remuneration and allowancesN.I.

4—(1) RBSO shall pay to its members such remuneration and allowances as the Department may determine.N.I.

(2) A determination of the Department under this paragraph requires the approval of the Department of Finance and Personnel.

Appointment, procedure etc.N.I.

5  Regulations may make provision as to—N.I.

(a)the appointment of members of RBSO under paragraph 3(1)(b) and (d) (including any conditions to be fulfilled for appointment);

(b)the tenure of office of the Chair and other members (including the circumstances in which they cease to hold office or may be removed or suspended from office);

(c)the appointment of, constitution of, and exercise of functions by, committees and sub-committees (including committees and sub-committees which consist of or include persons who are not members of RBSO);

(d)the procedure of RBSO and any committees or sub-committees (including the validation of proceedings in the event of vacancies or defects in appointment);

(e)the staff, premises and expenses of RBSO;

(f)such other matters in connection with RBSO as the Department thinks fit.

Commencement Information

I11Sch. 3 para. 5 wholly in operation at 1.4.2009; Sch. 3 para. 5 in operation for certain purposes at Royal Assent see s. 34(2)(d); Sch. 3 para. 5 in operation at 1.4.2009 insofar as not already in operation by S.R. 2009/114, art. 2

The chief officerN.I.

6—(1) There shall be a chief officer of RBSO who shall be a member of the staff of RBSO and shall be responsible to RBSO for the general exercise of its functions.N.I.

(2) Subject to regulations made under paragraph 5(e)—

(a)the first chief officer shall be appointed by the Department;

(b)any subsequent chief officer shall be appointed by RBSO.

Application of the sealN.I.

7  The application of the seal of RBSO shall be authenticated by the signature—N.I.

(a)of any member of RBSO; and

(b)of any other person who has been authorised by RBSO (whether generally or specifically) for that purpose.

Execution of documentsN.I.

8—(1) Any document which if executed by an individual would not require to be executed as a deed may be executed on behalf of RBSO by any person generally or specially authorised by RBSO for that purpose.N.I.

(2) In any legal proceedings any document purporting to have been so executed on behalf of RBSO shall be deemed to be so executed until the contrary is proved.

FinanceN.I.

9—(1) The Department may make payments to RBSO out of money appropriated for the purpose.N.I.

(2) Payments under this paragraph shall be made on such terms and conditions as the Department may determine.

AccountsN.I.

10—(1) RBSO shall—N.I.

(a)keep proper accounts and proper records in relation to the accounts; and

(b)prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts shall—

(a)be in such form; and

(b)contain such information,

as the Department may, with the approval of the Department of Finance and Personnel, direct.

(3) RBSO shall, within such period after the end of each financial year as the Department may direct, send copies of the statement of accounts relating to that year to—

(a)the Department; and

(b)the Comptroller and Auditor General.

(4) The Comptroller and Auditor General shall—

(a)examine, certify and report on every statement of accounts received from RBSO under this paragraph; and

(b)send a copy of any such report to the Department.

(5) The Department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General's report before the Assembly.

Annual reportN.I.

11—(1) RBSO shall within such period after the end of each financial year as the Department may direct, prepare and send to the Department a report in such form, and containing such information, as may be prescribed.N.I.

(2) RBSO shall publish any report prepared under sub-paragraph (1) in such manner as the Department may direct.

(3) The Department shall lay a copy of the report before the Assembly.

Commencement Information

I12Sch. 3 para. 11 wholly in operation at 1.4.2009; Sch. 3 para. 11 in operation for certain purposes at Royal Assent see s. 34(2)(d); Sch. 3 para. 11 in operation at 1.4.2009 insofar as not already in operation by S.R. 2009/114, art. 2

InterpretationN.I.

12  In paragraphs 10 and 11—N.I.

“Comptroller and Auditor General” means the Comptroller and Auditor General for Northern Ireland;

“financial year” means—

(a)

the period beginning with the day on which RBSO is established and ending on the next following 31st March; and

(b)

each subsequent period of 12 months ending on 31st March.

InformationN.I.

13—(1) RBSO shall at such times as the Department may direct—N.I.

(a)provide the Department or a specified body with such information, and

(b)permit the Department or the specified body to inspect and take copies of such documents,

relating to RBSO's functions as the Department may direct.

(2) In sub-paragraph (1) “specified body” means a body specified in directions under that sub-paragraph.

Default powers of DepartmentN.I.

14—(1) The powers conferred by this paragraph are exercisable by the Department if it is satisfied that RBSO has without reasonable excuse failed to discharge any of its functions adequately or at all.N.I.

(2) The Department may—

(a)make an order declaring RBSO to be in default; and

(b)direct RBSO to discharge such of its functions, in such manner and within such period or periods, as may be specified in the direction.

(3) If RBSO fails to comply with the Department's direction under sub-paragraph (2), the Department may—

(a)discharge the functions to which the direction relates itself; or

(b)make arrangements for any other person to discharge those functions on its behalf.

Commencement Information

I13Sch. 3 para. 14 wholly in operation at 1.4.2009; Sch. 3 para. 14 in operation for certain purposes at Royal Assent see s. 34(2)(d); Sch. 3 para. 14 in operation at 1.4.2009 insofar as not already in operation by S.R. 2009/114, art. 2

Section 16.

SCHEDULE 4N.I.THE PATIENT AND CLIENT COUNCIL

StatusN.I.

1—(1) The Patient and Client Council (in this Schedule referred to as “the Council”) shall not be regarded—N.I.

(a)as the servant or agent of the Crown; or

(b)as enjoying any status, immunity or privilege of the Crown.

(2) The property of the Council shall not be regarded as property of, or held on behalf of, the Crown.

(3) Subject to the provisions of this Schedule, section 19 of the Interpretation Act (Northern Ireland) 1954 (c. 33) applies to the Council.

General powersN.I.

2—(1) The Council may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.N.I.

(2) But the Council may not borrow money.

MembershipN.I.

3  The Council shall consist of a Chair and other members appointed by the Department.N.I.

Remuneration and allowancesN.I.

4—(1) The Council shall pay to its members such remuneration and allowances as the Department may determine.N.I.

(2) A determination of the Department under this paragraph requires the approval of the Department of Finance and Personnel.

Appointment, procedure etc.N.I.

5  Regulations may make provision as to—N.I.

(a)the appointment of the Chair and other members of the Council (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment);

(b)the tenure of office of the Chair and other members (including the circumstances in which they cease to hold office or may be removed or suspended from office);

(c)the appointment of, constitution of, and exercise of functions by, committees and sub-committees (including committees and sub-committees which consist of or include persons who are not members of the Council);

(d)the procedure of the Council and any committees or sub-committees (including the validation of proceedings in the event of vacancies or defects in appointment);

(e)the staff, premises and expenses of the Council;

(f)such other matters in connection with the Council as the Department thinks fit.

Commencement Information

I14Sch. 4 para. 5 wholly in operation at 1.4.2009; Sch. 4 para. 5 in operation for certain purposes at Royal Assent see s. 34(2)(e); Sch. 4 para. 5 in operation at 1.4.2009 insofar as not already in operation by S.R. 2009/114, art. 2

The chief officerN.I.

6—(1) There shall be a chief officer of the Council who shall be a member of the staff of the Council and shall be responsible to the Council for the general exercise of its functions.N.I.

(2) Subject to regulations made under paragraph 5(e)—

(a)the first chief officer shall be appointed by the Department, and

(b)any subsequent chief officer shall be appointed by the Council.

Application of the sealN.I.

7  The application of the seal of the Council shall be authenticated by the signature—N.I.

(a)of any member of the Council; and

(b)of any other person who has been authorised by the Council (whether generally or specifically) for that purpose.

Execution of documentsN.I.

8—(1) Any document which if executed by an individual would not require to be executed as a deed may be executed on behalf of the Council by any person generally or specially authorised by the Council for that purpose.N.I.

(2) In any legal proceedings any document purporting to have been so executed on behalf of the Council shall be deemed to be so executed until the contrary is proved.

FinanceN.I.

9—(1) The Department may make payments to the Council out of money appropriated for the purpose.N.I.

(2) Payments under this paragraph shall be made on such terms and conditions as the Department may determine.

(3) Subject to sub-paragraph (4), the Council must pay to the Department all sums received by it in the course of, or in connection with, the carrying out of its functions.

(4) Sub-paragraph (3) does not apply to such sums, or sums of such description, as the Department may, with the approval of the Department of Finance and Personnel, direct.

(5) Any sums received by the Department under sub-paragraph (3) shall be paid into the Consolidated Fund.

AccountsN.I.

10—(1) The Council shall—N.I.

(a)keep proper accounts and proper records in relation to the accounts; and

(b)prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts shall—

(a)be in such form; and

(b)contain such information,

as the Department may, with the approval of the Department of Finance and Personnel, direct.

(3) The Council shall, within such period after the end of each financial year as the Department may direct, send copies of the statement of accounts relating to that year to—

(a)the Department; and

(b)the Comptroller and Auditor General.

(4) The Comptroller and Auditor General shall—

(a)examine, certify and report on every statement of accounts received from the Council under this paragraph; and

(b)send a copy of any such report to the Department.

(5) The Department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General's report before the Assembly.

Annual reportN.I.

11—(1) The Council shall within such period after the end of each financial year as the Department may direct, prepare and send to the Department a report in such form, and containing such information, as may be prescribed.N.I.

(2) The Council shall publish any report prepared under sub-paragraph (1) in such manner as the Department may direct.

(3) The Department shall lay a copy of the report before the Assembly.

Commencement Information

I15Sch. 4 para. 11 wholly in operation at 1.4.2009; Sch. 4 para. 11 in operation for certain purposes at Royal Assent see s. 34(2)(e); Sch. 4 para. 11 in operation at 1.4.2009 insofar as not already in operation by S.R. 2009/114, art. 2

InterpretationN.I.

12  In paragraphs 10 and 11—N.I.

“Comptroller and Auditor General” means the Comptroller and Auditor General for Northern Ireland;

“financial year” means—

(a)

the period beginning with the day on which the Council is established and ending on the next following 31st March; and

(b)

each subsequent period of 12 months ending on 31st March.

InformationN.I.

13  The Council shall at such times as the Department may direct—N.I.

(a)provide the Department with such information, and

(b)permit the Department to inspect and take copies of such documents,

relating to the Council's functions as the Department may direct.

Default powers of DepartmentN.I.

14—(1) The powers conferred by this paragraph are exercisable by the Department if it is satisfied that the Council has without reasonable excuse failed to discharge any of its functions adequately or at all.N.I.

(2) The Department may—

(a)make an order declaring the Council to be in default; and

(b)direct the Council to discharge such of its functions, in such manner and within such period or periods, as may be specified in the direction.

(3) If the Council fails to comply with the Department's direction under sub-paragraph (2), the Department may—

(a)discharge the functions to which the direction relates itself; or

(b)make arrangements for any other person to discharge those functions on its behalf.

Commencement Information

I16Sch. 4 para. 14 wholly in operation at 1.4.2009; Sch. 4 para. 14 in operation for certain purposes at Royal Assent see s. 34(2)(e); Sch. 4 para. 14 in operation at 1.4.2009 insofar as not already in operation by S.R. 2009/114, art. 2

Section 23.

SCHEDULE 5N.I.TRANSFER OF ASSETS, ETC.

PART 1 N.I.TRANSFER SCHEMES

Transfer of assets and liabilitiesN.I.

1—(1) A scheme—N.I.

(a)may provide for the transfer of assets and liabilities which would not otherwise be capable of being transferred;

(b)shall, accordingly, have effect in relation to assets or liabilities to which it applies in spite of any provision (of whatever nature) which would otherwise prevent or restrict the transfer of those assets or liabilities;

(c)may contain supplementary, incidental, transitional and consequential provisions.

(2) A scheme may define the assets and liabilities to be transferred by specifying or describing them (including describing them by reference to a specified part of the transferor's undertaking).

(3) A certificate issued by the Department that any assets or liabilities specified in the certificate have vested in any body by virtue of a scheme is conclusive evidence for all purposes of that fact.

(4) In this Schedule, in relation to any assets or liabilities transferred by a scheme—

“transferor” means the body from which those assets or liabilities are transferred; and

“transferee” means the body to which those assets or liabilities are transferred.

Transfer of employed staffN.I.

2—(1) This paragraph applies if rights and liabilities under a contract of employment are transferred by virtue of a scheme.N.I.

(2) The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to the transfer whether or not the transfer would, apart from this paragraph, be a relevant transfer for the purposes of the regulations.

(3) The scheme shall—

(a)in relation to each transferee, identify the transferring employees (whether by name or otherwise);

(b)include provision securing pension protection for such employees;

(c)include provision for procedures designed to resolve any grievances of such employees arising in relation to matters dealt with by the scheme; and

(d)include provision for the payment of compensation by the Department to any such employee who suffers loss or detriment in consequence of the scheme.

(4) Before making the scheme the Department must consult—

(a)in the case of a scheme which identifies transferring employees by name, those employees; and

(b)in the case of a scheme which identifies transferring employees in any other way, such persons as appear to the Department to be representative of transferring employees.

(5) For the purposes of this paragraph—

(a)“pension protection” is secured for a transferring employee if after the change of employer effected by the scheme the employee has, as an employee of the transferee, rights to acquire pension benefits and those rights are the same as or (taken as a whole) no less favourable than those that the transferring employee had as an employee of the transferor;

(b)“transferring employee” means an employee whose contract of employment becomes, by virtue of sub-paragraph (2), a contract of employment with a transferee; and

(c)employment in the Northern Ireland civil service for the purposes of the Department is to be treated as employment by the Department under a contract of employment (and the terms of that employment are to be regarded as constituting the terms of that contract).

(6) Procedures under sub-paragraph (3)(c) must involve consideration of grievances by a person other than—

(a)a member, or member of staff, of a transferor or transferee; or

(b)a member of staff of the Department.

ContinuityN.I.

3—(1) In any statutory provision or document—N.I.

(a)which relates to anything transferred by virtue of the scheme, and

(b)which is in effect immediately before the transfer date,

any reference to the transferor shall, in relation to any time after the transfer date, be construed as a reference to the transferee.

(2) Sub-paragraph (1) applies unless contrary provision is made by or under this Act or the context otherwise requires.

(3) A transfer by virtue of a scheme does not affect the validity of anything done by, or in relation to, the transferor before the transfer date.

(4) Anything which—

(a)before the transfer date was done by or in relation to the transferor for the purposes of or otherwise in connection with anything transferred by virtue of a scheme, and

(b)is in effect immediately before the transfer date,

shall continue to have effect to the same extent and subject to the same provisions as if it had been done by, or in relation to, the transferee.

(5) Anything (including any legal proceedings) which—

(a)relates to anything transferred by virtue of a scheme, and

(b)is in the process of being done by or in relation to the transferor immediately before the transfer date,

may be continued by or in relation to the transferee.

PART 2 N.I.ACCOUNTS AND REPORTS OF DISSOLVED BODIES

4—(1) The appropriate body shall make arrangements for—N.I.

(a)a statement of accounts to be prepared in relation to—

(i)each Health and Social Services Board,

(ii)the Central Services Agency,

(iii)the Mental Health Commission, and

(b)a report to be prepared on the activities of each such body,

for the relevant period.

(2) The statement of accounts and report shall—

(a)be in such form, and

(b)contain such information,

as the Department may determine.

(3) The appropriate body shall, within such time after the end of the relevant period as the Department may direct—

(a)send a copy of the statement of accounts and the report to the Department; and

(b)send a copy of the statement of accounts to the Comptroller and Auditor General.

(4) In this paragraph “the relevant period”, in relation to a body, means the period—

(a)beginning on such day as the Department may determine; and

(b)ending immediately before the date on which the body is dissolved.

(5) The Comptroller and Auditor General shall—

(a)examine and report on any statement of accounts received under sub-paragraph (3); and

(b)send a copy of the report to the Department.

(6) The Department shall lay before the Assembly—

(a)a copy of the statement of accounts;

(b)the Comptroller and Auditor General's report;

(c)the report mentioned in sub-paragraph (1)(b).

(7) In this paragraph—

“the appropriate body” means—

(a)

in relation to Health and Social Services Boards, the Regional Board;

(b)

in relation to the Central Services Agency, RBSO;

(c)

in relation to the Mental Health Commission, RQIA;

“the Comptroller and Auditor General” means the Comptroller and Auditor General for Northern Ireland.

Section 32.

SCHEDULE 6N.I.MINOR AND CONSEQUENTIAL AMENDMENTS

General amendment of certain references to health and social services, etc.N.I.

1—(1) In any provision of Northern Ireland legislation—N.I.

(a)for “personal social services” or “social services” substitute “ social care ”;

(b)for “health services” substitute “ health care ”;

(c)for “Health and Social Services trust” substitute “ Health and Social Care trust ”;

(d)for “HSS trust” substitute “ HSC trust ”;

(e)for “HSS contract” substitute “ HSC contract ”;

(f)for “HSS employee” substitute “ HSC employee ”.

(2) Sub-paragraph (1)(a) does not apply to any reference to the name of the Department.

(3) Sub-paragraph (1) does not apply—

(a)to any reference in the title of an Act, Order in Council or other statutory provision;

(b)to any reference in this Act or to any reference which is subject to amendment or repeal by or under any other provision of this Act; or

(c)where the context otherwise requires.

The Public Health Act (Northern Ireland) 1967 (c. 36)N.I.

2—(1) For any reference to the Director of Public Health of a Health and Social Services Board substitute a reference to the Director of Public Health.N.I.

(2) For any other reference to a Health and Social Services Board substitute a reference to the Regional Agency.

(3) In section 32 (interpretation) at the appropriate places insert—

““Director of Public Health” means the Director of Public Health for Northern Ireland (see Article 32 of the Health and Personal Social Services (Northern Ireland) Order 1991);”;

“the Regional Agency” means the Regional Agency for Public Health and Social Well-being;”.”

The Order of 1972N.I.

3—(1) In Article 2(2) (interpretation)—N.I.

(a)omit the definitions of “the Agency”, “Health and Social Services Board”, “Health and Social Services trust”, “health services”, “the Ministry”, “order”, “personal social services”, “regulations”, “special agency” and “waters forming part of a port”;

(b)in the definition of “directions” for the words from “and” to the end substitute “ given by the Department ”;

(c)at the appropriate place, insert the following definition—

““the 2009 Act” means the Health and Social Care (Reform) Act (Northern Ireland) 2009;”;

(d)in the definition of “mental disorder” for “Act” substitute “ Order ”.

(2) After Article 2(2) insert—

“(2A) In this Order the following expressions have the meanings given to them by section 31(1) of the 2009 Act—

  • “the Department”;

  • “health care”;

  • “health and social care bodies”;

  • “health inequalities”;

  • “HSC trust”;

  • “the Regional Agency”;

  • “the Regional Board”;

  • “RBSO”;

  • “RQIA”;

  • “regulations”;

  • “social care”; and

  • “special agency”.”.

(3) Omit Article 4 (general duty of the Department).

(4) In Article 5 (provision of accommodation and medical services, etc.)—

(a)after “this Order” (wherever occurring) insert “ or the 2009 Act ”, and

(b)in paragraph (2) for “Article 4(a)” substitute “ section 2(1)(a) of the 2009 Act ”.

(5) In Articles 10(1)(a) (ancillary services) and 13 (education and research facilities) after “this Order” insert “ or the 2009 Act ”.

(6) In Article 15(1) (general social welfare) for “Article 4(b)” substitute “ section 2(1)(b) of the 2009 Act ”.

(7) Omit Article 16 (establishment of Health and Social Services Boards).

(8) In Article 17 (functions of Health and Social Services Boards) omit sub-paragraphs (1)(a) and (2).

(9) In Article 18 (schemes)—

(a)in paragraph (1) for “Health and Social Services Board” substitute “ body to which this Article applies ”;

(b)in paragraph (3) for “Health and Social Services Board” substitute “ body ”;

(c)in paragraphs (4) and (5) for “Health and Social Services Board” substitute “ body to which this Article applies ”;

(d)at the end add—

“(6) This Article applies to—

(a)the Regional Board;

(b)a Local Commissioning Group;

(c)the Regional Agency.”.

(9) Omit Article 19 (joint committees).

(10) In Article 21 (university liaison committees) for paragraph (1) substitute—

“(1) The Department may by order establish University Liaison Committees for the purpose of—

(a)advising the Regional Board and the Regional Agency on the administration of health care in relation to the provision of facilities for undergraduate or post-graduate clinical teaching or for research, and

(b)advising the Regional Board, the Regional Agency and the university or universities concerned on any matter of common interest to them.”.

(11) In Article 21(2)(c) after “Order” insert “ or the 2009 Act ”.

(12) In Article 24(1) (central advisory committees) after “this Order” (twice) insert “ or the 2009 Act ”.

(13) In Article 25(1) (other advisory committees) for “Article 4” substitute “ section 2 of the 2009 Act ”.

(14) Omit Articles 26 and 27 (the Northern Ireland Central Services Agency for Health and Social Services).

(15) In Article 31(1)(a) (accommodation and services for private patients) after “Order” insert “ or the 2009 Act ”.

(16) In Article 38(1)(a) (protection of property of certain persons) after “Order” insert “ or the 2009 Act ”.

(17) In Article 39(1) (burial, etc, of the dead) after “Order” insert “ or the 2009 Act ”.

(18) In Article 41 (availability or provision of services, etc.) after “Order” (twice) insert “ or the 2009 Act ”.

(19) In Article 42(1) (provision of services to persons not ordinarily resident in Northern Ireland) after “Order” insert “ or the 2009 Act ”.

(20) In Article 45(1) (travelling expenses of patients, etc.)—

(a)in sub-paragraph (a) after “this Order” insert “ , the 2009 Act ”; and

(b)in sub-paragraph (c) after “Order” insert “ or the 2009 Act ”.

(21) In Article 46 (provision of residential accommodation for officers) in sub-paragraphs (a) and (b) after “Order” insert “ or the 2009 Act ”.

(22) In Article 48(1) and (1A) (land) for “any of the health or social services” substitute “ health or social care ”.

(23) In Article 51 (powers of Department where services are inadequate) after “Order” (second time) insert “ or the 2009 Act ”.

(24) In Article 52(2) (powers of Department in emergency) after sub-paragraph (g) insert—

“and

(h)the 2009 Act.”.

(25) In Article 53 (default powers) in paragraph (1) for the words from “any Health” to “Agency” substitute “ any body to which this Article applies ”.

(26) After Article 53(1) insert—

“(1A) This Article applies to the following bodies—

(a)the Regional Board;

(b)the Regional Agency;

(c)RBSO;

(d)HSC trusts; and

(e)special agencies.”.

(27) In Article 55 (recognition of local representative committees)—

(a)in paragraphs (2) and (3) for “its area” substitute “ an area ”;

(b)in paragraph (5)(c)—

(i)for “the area of a Health and Social Services Board” substitute “ an area ”, and

(ii)omit “but is not himself on a list”; and

(c)in paragraph (5)(d) for “the area of a Health and Social Services Board” substitute “ an area ”;

(d)in paragraph (6) for “its area” substitute “ the area ”;

(e)in paragraph (7) omit sub-paragraph (b) and the word “and” preceding it.

(28) In Article 55A(5) (functions of local representative committees) for “its area” substitute “ an area ”.

(29) In Article 55B(1) (local medical committees) for the words from “formed” to “Boards” substitute “ formed for an area ”.

(30) In Article 56 (primary medical services)—

(a)in paragraph (1), omit “within its area” (twice), and

(b)in paragraph (2), omit “(whether within or outside its area)” (twice).

(31) In Article 57(4) (general medical services contracts: introductory) omit sub-paragraph (b).

(32) In Article 57G(3)(c) (persons performing primary medical services) omit the words from “as to” to “made, and”.

(33) In Article 67 (co-operation) for the words from the beginning to “special agencies” substitute “ In exercising their respective functions, health and social care bodies ”.

(34) In Article 68 (supply of goods and services to certain persons and bodies)—

(a)in paragraph (1) for “a body to which this Article applies” (twice) substitute “ a health and social care body ”;

(b)omit paragraph (3).

(35) In Article 69 (supply of goods and services to district councils)—

(a)in paragraph (1) for “a body to which this Article applies” substitute “ a health and social care body ”;

(b)omit paragraph (2).

(36) Omit Article 84 (powers of Department in cases of difficulty).

(37) In Article 87 (expenses of certain bodies)—

(a)for the heading substitute “ Expenses of the special agencies ”;

(b)in paragraph (1), for the words from the beginning to “Agency” substitute

“(1) The Department shall pay to the special agencies”;

(c)omit paragraph (2).

(38) In Article 88(1) (regulation of financial matters of certain bodies) for the words from “Health” to “Agency” substitute “ special agency ”.

(39) In Article 89(1)(a) (remuneration of members of bodies and certain other persons) omit head (iii).

(40) In Article 90(6) (accounts and audit) omit sub-paragraphs (a) and (b).

(41) In Article 91(6) (accounts of endowments and other property held on trust) for sub-paragraph (a) substitute—

“(a)the Regional Board;

(aa)the Regional Agency;”.

(42) In Article 92B(3) (studies for improving economy, etc. in services) for sub-paragraphs (a) and (b) substitute—

“(a)the Regional Board;

(aa)the Regional Agency;

(b)RBSO;”.

(43) In Article 94(1) after “Order” insert “ or the 2009 Act ”.

(44) In Article 96 (preservation of associations of denominational hospitals) for “Health and Social Services Board” substitute “ HSC trust ”.

(45) In Article 97(1) (protection for officer acting in execution of his duty) for the words from the beginning to the end of sub-paragraph (e) substitute “ An officer of a health and social care body ”.

(46) In Article 98(1) (services free of charge) after “1997” insert “ or the 2009 Act ”.

(47) In Article 107(1) (orders, regulations and directions) omit “16(1)” and “orders made under Article 76(1) to which paragraph 1(a) to (e) of Schedule 13 applies”.

(48) Omit Schedule 1 (Health and Social Services Boards) and Schedule 3 (the Agency).

F7(49) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(50) In Schedule 10 (prohibition on sale of medical practices)—

(a)in paragraph 1(1) omit “in that Board's area”;

F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)N.I.

4—(1) Schedule 1 (offices disqualifying for membership of the Assembly) is amended as follows.N.I.

(2) In Part 2 of that Schedule omit the entry relating to the Mental Health Commission for Northern Ireland.

(3) In Part 3 of that Schedule—

(a)omit the entries relating to—

(i)the Chairman or any member, not also being an employee, of a Health and Social Services Board, and

(ii)the Chairman of the Northern Ireland Central Services Agency for the Health and Social Services; and

(b)at the appropriate places insert— “ Chair or any member, not also being an employee, of the Patient and Client Council established under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009. ”; “ Chair or any member, not also being an employee, of the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009. ”; “ Chair or any member, not also being an employee, of the Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009. ”; “ Chair or any member, not also being an employee, of the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009. ”.

The Solicitors (Northern Ireland) Order 1976 (NI 12)N.I.

5  In Article 3(2) (interpretation) in the definition of “local authority” for the words from “or the” (first time) to “1972” substitute “ , the Regional Health and Social Care Board, the Regional Business Services Organisation, the Regional Agency for Public Health and Social Well-being ”.N.I.

The Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (c. 53)N.I.

6—(1) In section 1 (information as to need for and existence of social welfare services) in subsections (1) and (2) for “Articles 4(b) and” substitute “ section 2(1)(b) of the Health and Social Care (Reform) Act (Northern Ireland) 2009 and Article ”.N.I.

(2) In section 2 (provision of social welfare services)—

(a)for “Articles 4(b) and” substitute “ section 2(1)(b) of the Health and Social Services (Reform) Act (Northern Ireland) 2009 and Article ”, and

(b)in paragraph (d) for “the said Articles 4(b) and 15” substitute “ section 2(1)(b) of the Health and Social Care (Reform) Act (Northern Ireland) 2009 and Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 ”.

The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)N.I.

7  In Article 51(2)(b) (remand for inquiry into physical or mental condition), for “the Mental Health Commission for Northern Ireland” substitute “ the Health and Social Care Regulation and Quality Improvement Authority ”.N.I.

The Mental Health (Northern Ireland) Order 1986 (NI 4)N.I.

8—(1) Subject to sub-paragraphs (2) to (4), in the Order for “the Commission” (meaning the Mental Health Commission) substitute “ RQIA ”.N.I.

(2) In Article 2(2) (interpretation)—

(a)omit the definition of “the Commission”;

(b)in the definition of “responsible authority” for sub-paragraph (ii) of paragraph (a) and sub-paragraph (ii) of paragraph (b) substitute—

“(ii)in any other case, the Regional Health and Social Care Board;”;

(c)at the appropriate place in alphabetical order insert—

““RQIA” means the Health and Social Care Regulation and Quality Improvement Authority;”.”

(3) In Article 16(3)(d) (correspondence of detained patients) omit “, any Commissioner thereof”.

(4) For Article 85 (establishment of Mental Health Commission for Northern Ireland) substitute—

“Duties of RQIA in relation to mental health

85  RQIA shall exercise—

(a)such functions under this Order as are transferred to it by section 25 of the Health and Social Care (Reform) Act (Northern Ireland) 2009, and

(b)such other functions relating to or connected with mental health as the Department may by order prescribe.”.

(5) Omit Articles 88 and 89 and Schedule 4.

(6) In Article 112 for “A Board” substitute “ The Regional Health and Social Care Board and the Regional Agency for Public Health and Social Well-being ”.

The AIDS (Control) (Northern Ireland) Order 1987 (NI 18)N.I.

9—(1) In Article 2(2) (interpretation)—N.I.

(a)omit the definitions of “Board” and “HSS trust”;

(b)at the end add—

““relevant body” means the Regional Health and Social Care Board, the Regional Agency for Public Health and Social Well-being and a health and social care trust.”.

(2) In Article 3 (reports)—

(a)in paragraph (1) for “Board and by each HSS trust” substitute “ relevant body ”.

(b)in paragraph (2) for “Board or HSS trust” substitute “ relevant body ”.

(3) In the Schedule (contents of reports) for “Board or HSS trust” substitute “ relevant body ”.

The Water (Fluoridation) (Northern Ireland) Order 1987 (NI 21)N.I.

10  In Article 3 (fluoridation of water supplies)—N.I.

(a)omit paragraph (3); and

(b)in paragraph (5), for the words from the beginning to “application” substitute “ In making arrangements with the Department in pursuance of an application, the Regional Health and Social Care Board ”.

The Health and Medicines (Northern Ireland) Order 1988 (NI 24)N.I.

11—(1) In Article 3 (powers for financing health services) in paragraph (3)(a) after “principal Order” insert “ or the 2009 Act ”.N.I.

(2) In Article 11 (transfer of staff) after “principal Order” insert “ or the 2009 Act (within the meaning of the principal Order) ”.

The Disabled Persons (Northern Ireland) Act 1989 (c. 10)N.I.

12  In section 2(5)(b) (rights of authorised representatives of disabled persons) for “Articles 4(b) and” substitute “ section 2(1)(b) of the Health and Social Care (Reform) Act (Northern Ireland) 2009 and Article ”.N.I.

The Health and Personal Social Services (Northern Ireland) Order 1991 (NI 1)N.I.

13—F9(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

(2) In Article 2(3) after “Article 2(2)” insert “ and (2A) ”.

(3) Omit Article 3 (constitution of Health and Social Services Boards) and Article 4 (Health and Social Services Councils).

(4) In Article 7 (removal of Crown immunities)—

(a)omit paragraph (1);

(b)in paragraphs (2) to (4) for “health and social services body” substitute “ health and social care body to which this Article applies ”;

(c)in paragraph (2), omit sub-paragraph (b) and the word “and” immediately before it;

(d)in paragraph (4) after “Order” insert “ or the 2009 Act ”;

(e)for paragraph (6) substitute—

“(6) This Article applies to the following health and social care bodies—

(a)the Regional Board;

(b)the Regional Agency;

(c)RBSO;

(d)a special agency.”.

(5) In Article 8(2) (health and social services contracts) for sub-paragraphs (a) and (b) substitute—

“(a)the Regional Board;

(aa)the Regional Agency;

(b)RBSO;”.

(6) Omit Article 9 (primary and other functions of Health and Social Services Boards and special agencies).

(7) In Article 10 (health and social care trusts)—

(a)for paragraph (2) substitute—

“(2) Before making an order under paragraph (1), the Department shall consult—

(a)the Patient and Client Council, and

(b)such other persons and bodies as the Department considers appropriate.”.

(b)in paragraph (3) for sub-paragraphs (a) and (b) substitute—

“(a)the Regional Board;

(aa)the Regional Agency;

(b)RBSO; or”.

(8) In Article 21 (indicative amounts for doctors' practices)—

(a)in paragraph (1) omit the words “in relation to which it is the relevant Health and Social Services Board”;

F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)omit paragraphs (7) and (8A).

(9) In Article 23(1) (power to raise funds) for “Health and Social Services Boards” substitute “ the Regional Board, the Regional Agency, ”.

(10) In Article 24(2) (schemes for meeting losses and liabilities, etc.) for sub-paragraphs (a) and (b) substitute—

“(a)the Regional Board;

(aa)the Regional Agency;

(b)RBSO;”.

(11) In Article 32 (Director of Public Health) for paragraph (1) substitute—

“(1) The chief administrative medical officer of the Regional Agency shall be known as the Director of Public Health for Northern Ireland.

(1A) For any reference to the Director of Public Health of a Health and Social Services Board in—

(a)the statutory provisions mentioned in paragraph (2);

(b)any other statutory provision passed or made before the coming into operation of section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009,

there shall be substituted a reference to theDirector of Public Health for Northern Ireland.”.

(12) Omit Schedule 1 (health and social services councils).

(13) In Schedule 3 (health and social care trusts)—

(a)in paragraph 3 omit sub-paragraphs (1)(d), (2) and (3);

(b)omit paragraph 19;

(c)in paragraph 24 after sub-paragraph (1) insert—

“(1A) The Department must exercise it powers under sub-paragraph (1) so as to ensure that all the liabilities of the HSC trust are transferred.”.

Textual Amendments

The Children (Northern Ireland) Order 1995 (NI 2)N.I.

14—(1) In Article 17A(3)(a) (assessments and services for children who are carers) for “(in the case of a Board)” substitute “ or section 6 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 ”.N.I.

(2) In Article 18A(4) (assessments: carers of disabled children) for “(in the case of a Board)” substitute “ or section 6 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 ”.

(3) In Article 61(2) (right of guardian ad litem to have access to records) after “1972” insert “ or section 6 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 ”.

The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7)N.I.

F1115  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

The Criminal Justice (Northern Ireland) Order 1996 (NI 24)N.I.

16—(1) In Article 22(5) (additional requirements in the case of mentally disordered offenders) for “the Mental Health Commission for Northern Ireland” substitute “ the Health and Social Care Regulation and Quality Improvement Authority ”.N.I.

(2) In Schedule 1 (additional requirements in probation orders) in paragraph 4(1) for “the Mental Health Commission for Northern Ireland” substitute “ the Health and Social Care Regulation and Quality Improvement Authority ”.

The Freedom of Information Act 2000 (c. 36)N.I.

17—(1) Schedule 1 (bodies, etc. which are public authorities for the purposes of the Act) is amended as follows.N.I.

(2) In Part 3—

(a)omit paragraphs 46, 47 and 50;

(b)after paragraph 51 insert—

“51A  The Regional Business Services Organisation established under section 14 of the Health and Social Services (Reform) Act (Northern Ireland) 2009.

51B  The Patient and Client Council established under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

51C  The Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

51D  The Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.”.

(3) In Part 7 omit the entry relating to the Mental Health Commission for Northern Ireland.

The Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3)N.I.

18—(1) In section 51 (provision of information as to births and deaths)—N.I.

(a)in subsections (1) and (2) for “or the Agency” substitute “ , RBSO ”;

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 54(1) (public access to meetings of certain bodies)—

(a)for paragraphs (a) and (b) substitute—

“(a)the Regional Board;

(aa)the Regional Agency;

(b)RBSO;”.

(b)for paragraph (e) substitute—

“(e)the Patient and Client Council, and”.

(3) In section 59(2) after “Article 2(2)” insert “ or (2A) ”.

Textual Amendments

The Audit and Accountability (Northern Ireland) Order 2003 (NI 5)N.I.

19—(1) In Article 5(1) (additional bodies whose annual accounts are subject to audit by the Comptroller and Auditor General) omit sub-paragraph (l).N.I.

(2) In Schedule 1 (amendments with respect to accounts of certain bodies) omit paragraph 12.

Section 33.

SCHEDULE 7N.I.REPEALS

Short TitleExtent of repeal
The Public Health Act (Northern Ireland) 1967 (c. 36)

In section 2(1) the words “for the area in which the examination took place”.

In section 2(3) the words “carrying on practice in their area”.

In section 3(1) the words “for any area” and “in that area”.

In section 7(3) the words “for the area”.

In section 14(2) the words “for the area”.

In section 18(1) the words “for the area in which the premises are situate”.

In section 32 the definition of “Health and Social Services Board”.

The Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14)

In Article 2(2) the definitions of “the Agency”, “Health and Social Services Board”, “Health and Social Services trust” “health services”, “the Ministry”, “order”, “personal social services”, “regulations”, “special agency” and “waters forming part of a port”.

Article 4.

In Article 15B(4) the words “under this Part”.

Article 16.

Article 17(1)(a) and (2).

Article 19.

Articles 26 and 27.

In Article 55—

(a)

in paragraph (5)(c) the words “but is not himself on a list”;

(b)

paragraph (7)(b) and the word “and” preceding it.

In Article 56—

(a)

in paragraph (1) the words “within its area” (twice); and

(b)

in paragraph (2) the words “(whether within or outside its area)” (twice).

Article 57(4)(b).

In Article 57G(3)(c) the words from “as to” to “made, and”.

Article 68(3).

Article 69(2).

Articles 75 and 76.

Article 84.

Article 87(2).

Article 89(1)(a)(iii).

Article 90(6)(a) and (b).

Article 91(6)(a).

In Article 107(1) the words “16(1)” and “orders made under Article 76(1) to which paragraph 1 (a) to (e) of Schedule 13 applies”.

Schedules 1 and 3.

In Schedule 10, in paragraph 1(1) the words “in that Board's area”.

Schedule 13.

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

In Part 2 of Schedule 1, the entry relating to the Mental Health Commission for Northern Ireland.

In Part 3 of Schedule 1, the entries relating to—

(a)

the Chairman or any member, not also being an employee, of a Health and Social Services Board; and

(b)

the Chairman of the Northern Ireland Central Services Agency for the Health and Social Services.

The Health and Personal Social Services (Northern Ireland) Order 1978 (NI 26)Article 18.
The Mental Health (Northern Ireland) Order 1986 (NI 4)

In Article 2(2) the definition of “the Commission”.

In Article 16(3)(d) the words “, any Commissioner thereof”.

Articles 88 and 89.

Schedule 4.

The Health and Personal Social Services and Public Health (Northern Ireland) Order 1986 (NI 24)

Article 3.

Articles 11 and 12.

The Aids (Control) (Northern Ireland) Order 1987 (NI 18)In Article 2(2) the definitions of “Board” and “HSS trust”.
The Water (Fluoridation) (Northern Ireland) Order 1987 (NI 21)Article 3(3).
The Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 (NI 3)Article 5(2), (5), (9) and (10).
The Health and Personal Social Services (Northern Ireland) Order 1991 (NI 1)

Articles 3 and 4.

Article 6.

Article 7(1).

In Article 7(2), sub-paragraph (b) and the word “and” immediately before it.

Article 8(2)(b).

Article 9.

In Article 21—

(a)

in paragraph (1) the words “in relation to which it is the relevant Health and Social Services Board”; and

(b)

paragraphs (7) and (8A).

Article 24(2)(b).

In Article 32—

(a)

paragraph (2)(c) and (d); and

(b)

in paragraph (3) the words from “and” to “1989”.

Schedule 1.

Part 2 of Schedule 2.

In Schedule 3, paragraphs 3(1)(d), (2) and (3) and 19.

The Health and Personal Social Services (Northern Ireland) Order 1994 (NI 2)In Schedule 1 the entry relating to Article 27 of the Health and Personal Social Services (Northern Ireland) Order 1972.
The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7)In Schedule 2 the entries relating to a health and social services board, a health and social services council, the Mental Health Commission for Northern Ireland and the Northern Ireland Central Services Agency for the Health and Social Services.
The Health and Personal Social Services (Residual Liabilities) (Northern Ireland) Order 1996 (NI 13)The whole Order.
The Health Services (Primary Care) (Northern Ireland) Order 1997 (NI 7)In Article 13(2) the words “or by any other Board”.
The Freedom of Information Act 2000 (c. 36)

In Part 3 of Schedule 1, paragraphs 46, 47 and 50.

In Part 7 of Schedule 1, the entry relating to the Mental Health Commission for Northern Ireland.

The Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3)Section 54(3).
The Audit and Accountability (Northern Ireland) Order 2003 (NI 5)

Article 5(1)(1).

In Schedule 1, paragraph 12.

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