Transfer of assets, liabilities and functions

I124Transfer of functions of Health and Social Services Boards

1

The functions exercisable immediately before the date on which section 1(1)(a) comes into operation by Health and Social Services Boards under any statutory provision or by virtue of a direction of the Department shall insofar as they consist of, or relate to—

a

health improvement functions (within the meaning of section 13), or

b

health protection functions (within the meaning of that section),

be exercisable as from that date by the Regional Agency.

2

The other functions exercisable immediately before that date by Health and Social Services Boards under any statutory provision or by virtue of a direction of the Department shall as from that date be exercisable by the Regional Board in accordance with section 8.

3

Subsections (1) and (2)—

a

apply only to provisions or directions which have continuing effect; and

b

are subject to any order under subsection (4).

4

The Department may by order provide that subsections (1) and (2) are not to apply to any specified function.

5

An order under subsection (4) may—

a

provide for a specified function to be exercised by the Department or by a health and social care body; or

b

provide that a specified function is to cease to be exercised.

6

Where an order under subsection (4) provides for a specified function to be exercised by a health and social care body, the order may provide for that body to exercise that function on the Department's behalf.

7

In this section “specified function” means any function of a Health and Social Services Board specified in an order made under subsection (4).