Local bodies

I14Duty to establish bodies for local areas

1

After section 15A of the Health and Social Care (Reform) Act (Northern Ireland) 2009 insert—

Local area bodies

15BDuty to establish bodies for local areas

1

The Department must by regulations establish one or more bodies under this section.

2

A body established under this section is to be called an “Area Integrated Partnership Board” or such other name as may be prescribed.

3

Each Board is to exercise its functions for such area of Northern Ireland as may be prescribed; and the Department must ensure that there is a Board for each area of Northern Ireland.

4

Each Board is to exercise such functions relating to the following matters as may be prescribed—

a

the identification of the health and social care needs of the people in its area,

b

the planning, delivery and management of health and social care for those people, and

c

the facilitation and encouragement of co-operation between those responsible for planning, delivering or managing health and social care for those people.

5

Each Board must exercise its functions with the aim of—

a

improving the health and social well-being of the people in its area;

b

reducing health inequalities between those people, and between those people and other people in Northern Ireland.

6

The Department may by regulations—

a

provide that Article 18 of the Order of 1972 is to apply to each Board with such modifications (if any) as may be prescribed, and

b

require each Board to exercise its functions in accordance with any scheme having effect under that Article.

7

The Department may by regulations—

a

provide that each Board is established as a body corporate (and that section 19 of the Interpretation Act (Northern Ireland) 1954 applies to each Board with such modifications (if any) as may be prescribed);

b

make provision for the constitution of Boards (including, in particular, their membership, general powers and proceedings);

c

make provision for the payment of remuneration and allowances to members of Boards, and for the defraying of the expenses of Boards;

d

make provision in relation to accounting, reporting and record-keeping by Boards;

e

make such further provision in relation to Boards as the Department considers appropriate.

8

Regulations under this section may apply (with or without modifications), amend or repeal any statutory provision whenever passed or made, including any provision of this Act.

9

In this section—

  • Board” means a body established under this section;

  • a reference to the area of a Board is to the area prescribed for that Board under subsection (3).

15CPower of Department to give directions and guidance

1

The Department may give directions of a general or specific nature to a Board as to the carrying out by the Board of any of its functions.

2

The Department may give guidance to a Board as to the carrying out by the Board of any of its functions.

3

Before giving any directions to a Board under subsection (1) the Department must consult the Board.

4

Where the Department is of the opinion that because of the urgency of the matter it is necessary to give directions under subsection (1) without consulting the Board concerned—

a

subsection (3) does not apply; but

b

the Department must as soon as reasonably practicable give notice to the Board of the grounds on which the Department formed that opinion.

5

Where the Department is of the opinion that (for any reason other than the urgency of the matter) it is not reasonably practicable to comply with subsection (3)—

a

that subsection does not apply; but

b

the Department must as soon as reasonably practicable give notice to the Board concerned of the grounds on which the Department formed that opinion.

6

It is the duty of a Board—

a

to comply with any directions given to it under subsection (1);

b

to have regard to any guidance given to it under subsection (2).

7

In this section “Board” means a body established under section 15B.

8

This section does not affect the Department’s powers to give directions or guidance apart from this section.

2

In section 29 of that Act—

a

after subsection (1) insert—

1A

No regulations are to be made under section 15B unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

b

in subsection (2), for “this Act” substitute “any provision of this Act other than section 15B”.