Health and Social Care Act (Northern Ireland) 2022

142.  After Article 10 insert—

“Definition of social care and children functions”

10A.— (1) In Article 10 and Schedule 3 “social care and children functions” means the following functions (so far as they are exercisable by HSC trusts under the provisions conferring them)—

(a) functions under sections 35 and 96 of the Children and Young Persons Act (Northern Ireland) 1968;

(b) functions under Articles 15, 36, 37, 38, 39, 99, 101 and 101A of, and Schedule 6 to, the Health and Personal Social Services (Northern Ireland) Order 1972;

(c) functions under sections 1(2), 2 and 12(1) of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978;

(d) functions under the Mental Health (Northern Ireland) Order 1986;

(e) functions under the Adoption (Northern Ireland) Order 1987;

(f) functions under sections 4 to 9 of the Disabled Persons (Northern Ireland) Act 1989;

(g) functions under the Children (Northern Ireland) Order 1995;

(h) the function of making or submitting pre-sentence reports within the meaning of Article 2(2) of the Criminal Justice (Northern Ireland) Order 1996 or Article 4(1) of the Criminal Justice (Northern Ireland) Order 2008;

(i) functions under the Carers and Direct Payments Act (Northern Ireland) 2002;

(j) functions under the Mental Capacity Act (Northern Ireland) 2016.

(2) The Department may by regulations amend the list of social care and children functions set out in paragraph (1).”.