Health and Social Care Act (Northern Ireland) 2022

Health (Miscellaneous Provisions) Act (Northern Ireland) 2008

215.  The Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 is amended as follows.

216.—(1) Section 2 (which inserts new Article 60A and substitutes new Articles 61 to 61F of the 1972 Order) is amended in accordance with paragraphs 217 to 223; and any reference in those paragraphs to a numbered Article is to that Article as set out in that section.

217.—(1) Article 60A is amended as follows.

(2) In paragraph (1)—

(a) for “Each Health and Social Services Board” substitute “The Department”;

(b) omit “exercise its powers so as to”;

(c) omit “within its area” (in both places).

(3) In paragraph (2)—

(a) for “A Health and Social Services Board” substitute “The Department”;

(b) omit “(whether within or outside its area)” (in both places).

(4) In paragraph (3), for “Each Health and Social Services Board” substitute “The Department”.

(5) Omit paragraph (4).

218.—(1) Article 61 is amended as follows.

(2) In paragraph (1), for “A Health and Social Services Board” substitute “The Department”.

(3) In paragraphs (3) and (5), for “the Health and Social Services Board” substitute “the Department”.

(4) In paragraph (4), omit sub-paragraph (b).

219.  In Article 61B(1), for “A Health and Social Services Board” substitute “The Department”.

220.—(1) Article 61C is amended as follows.

(2) In paragraph (1), for “give directions as to” substitute “make a scheme providing for”.

(3) In paragraph (2), for “directions” substitute “any scheme”.

(4) In paragraph (3)—

(a) for “directions” substitute “a scheme”;

(b) for “direction” (in each place) substitute “scheme”;

(c) in sub-paragraph (b)(i), for “any scheme” substitute “any method of calculation”;

(d) in sub-paragraph (d), for “a Health and Social Services Board” substitute “the Department”.

(5) In paragraph (4)—

(a) for “giving a direction” substitute “making a scheme”;

(b) in sub-paragraph (a), for “direction” substitute “scheme”.

(6) After paragraph (4) insert—

“(4A) The Department must publish a scheme under paragraph (1) in such manner as it thinks appropriate.”.

221.  In Article 61D(3), for “a Health and Social Services Board” substitute “the Department”.

222.—(1) Article 61E is amended as follows.

(2) In paragraph (2)—

(a) after “paragraph (1) may” insert “in particular”;

(b) in sub-paragraph (a), for “the Department” substitute “a prescribed body”;

(c) in sub-paragraph (b), for “the Department, or a person appointed by it,” substitute “that body”.

(3) After paragraph (2) insert—

“(2A) Regulations making provision as to the matters referred to in paragraph (2)(a) and (b) may make provision—

(a) as to the members of the body, including the terms and conditions of their appointment;

(b) for the payment of fees and allowances to members of the body.”.

223.—(1) Article 61F is amended as follows.

(2) In paragraphs (1) and (2), for “the Regional Board” substitute “the Department”.

(3) In paragraph (3), for “, (3B) and (4)” substitute “and (3B)”.

224.  In section 3—

(a) for “a Health and Social Services Board” (in both places) substitute “the Department”;

(b) in subsection (4), for the words from “the Department” to the end of the subsection substitute “a body specified in the order.”;

(c) after subsection (4) insert—

“(4A) An order specifying a body for the purposes of subsection (4) may make provision—

(a) as to the members of the body, including the terms and conditions of their appointment;

(b) for the payment of fees and allowances to members of the body.”.

225.  In section 6, for “a Health and Social Services Board” substitute “the Department”.