Health and Personal Social Services (Northern Ireland) Order 1972

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

   3. Art.3 rep. by SLR 1976

3. PART II MAIN FUNCTIONS OF THE MINISTRY

   1. 4. General duty of Ministry

   2. 5. Provision of accommodation and medical services, etc.

   3. 6. Provision of general health care

   4. 7. Prevention of illness, care and after-care

   5. 8. Care of mothers and young children

   6. 9. Medical and dental inspection, etc., of school children and young persons

   7. 10. Ancillary services

   8. 11. Vaccination and immunisation

   9. 12. Family planning

   10. 13. Educational and research facilities

   11. 14. Health education

   12. 14A. Arrangements for provision of health care by other bodies or persons

   13. 14B. Reimbursement of the cost of health care services secured in another EEA state where expenditure was incurred on or after 10th May 2012 but before 27th December 2013

   14. 14C. Prior authorisation for the purposes of Article 14B(3)(b) or (c)

   15. 14D. Reimbursement of the cost of health services secured in another EEA state where expenditure occurred on or after 27th December 2013

   16. 14E. Prior authorisation for the purposes of Article 14D(5)(c) and (7)

   17. 15. General social welfare

   18. Art. 15A. rep. by 2002 c.6(NI)

   19. Provision of primary medical services or personal dental services

       1. 15B. Primary medical services or personal dental services

       2. 15C. Persons with whom agreements may be made

       3. 15D. Primary medical services or personal dental services: regulations

       4. Art. 15E rep. by 2004 NI 2

       5. 15F. Right to choose dental practitioner

4. PART III HEALTH AND SOCIAL SERVICES BOARDS, ETC.

   1. 16. Establishment of Health and Social Services Boards

   2. 17. Functions of Health and Social Services Boards

   3. 18. Schemes

   4. 19. Joint committees

   5. Art. 20 rep. by 1991 NI 1

   6. 21. University Liaison Committees

5. PART IV CENTRAL BODIES

   1. Arts. 22, 23 rep. by 1986 NI 24

      1. Arts. 22, 23 rep. by 1986 NI 24

   2. Advisory committees

      1. 24. Central advisory committees

      2. 25. Other advisory committees

   3. The Agency

      1. 26. Northern Ireland Central Services Agency for the Health and Social Services

      2. 27. Functions of the Agency

   4. Arts. 28, 29 rep. by 1991 NI 1

      1. Arts. 28, 29 rep. by 1991 NI 1

6. PART V OTHER FUNCTIONS OF THE MINISTRY

   1. Provision of vehicles for persons suffering from physical defect or...

      1. 30. Provision of vehicles for persons suffering from physical defect or disability

      2. 31. Accommodation and services for private patients

      3. 33. Hospital accommodation made available on part payment

      4. 34. Cleanliness of school children

      5. Art. 35 rep. by 1992 NI 20

      6. 36. Provision of accommodation in premises maintained by voluntary organisations, etc.

      7. Art. 36A rep. by 2002 c. 5 (NI)

      8. 37. Removal to suitable premises of persons in need of care and attention

      9. 38. Protection for property of certain persons

      10. 39. Burial or cremation of the dead

      11. Art. 40 rep. by 1988 NI 23

      12. 41. Availability or provision of services, otherwise than for purposes of the Order

      13. 42. Provision of services to persons not ordinarily resident in Northern Ireland

      14. 43. Powers of Ministry to conduct or assist research

      15. 44. Provisions relating to training

      16. 45. Travelling expenses of patients, etc.

      17. 46. Provision of residential accommodation for officers

      18. 47. Loans to certain officers

      19. 48. Acquisition and disposal of land

      20. 49. Power to enter on lands

      21. 50. Power of inspection

      22. 51. Powers of Ministry where services are inadequate

      23. 52. Powers of Ministry in emergency

      24. 53. Default powers of Ministry

      25. Art. 54 rep. by 2005 c. 12

7. PART VI GENERAL HEALTH SERVICES

   1. Local representative committees

      1. 55. Recognition of Local Dental Committees, Local Optical Committees and Local Pharmaceutical Committees

      2. 55A. Functions of Local Dental Committees, Local Optical Committees and Local Pharmaceutical Committees

      3. 55B. Local Medical Committees

   2. Primary medical services

      1. 56. Primary medical services

   3. General medical services contracts

      1. 57. General medical services contracts: introductory

      2. 57A. Requirement to provide certain primary medical services

      3. 57B. Persons eligible to enter into general medical services contracts

      4. 57C. General medical services contracts: payments

      5. 57D. General medical services contracts: prescription of drugs, etc.

      6. 57E. General medical services contracts: other required terms

      7. 57F. General medical services contracts: disputes and enforcement

   4. Persons performing primary medical services

      1. 57G. Persons performing primary medical services

      2. 57H. Assistance and support

      3. Art 58 rep. by 1988 NI 24

      4. 59. Loans to general medical practitioners

      5. 60. Prohibition of sale of, and compensation for loss of right to sell, medical practices

   5. General Dental Services, General Ophthalmic Services and Pharmaceutical Services

      1. 61. Arrangements for general dental services

   6. Ophthalmic services

      1. 62. Arrangements for general ophthalmic services

      2. 62A. Persons providing general ophthalmic services

   7. Pharmaceutical services

      1. 63. Arrangements for pharmaceutical services

      2. 63AA. Persons providing pharmaceutical

      3. 63A. Arrangements for providing additional pharmaceutical services

      4. 63B. Terms and conditions etc.

      5. 64. Persons authorised to provide pharmaceutical services

   8. Supplementary provisions

      1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 64C. Indemnity cover

      4. 65. Disqualification of persons providing certain services

      5. 66. Former dispensary property, etc.

8. PART VII CO-OPERATION WITH GOVERNMENT DEPARTMENTS, PUBLIC BODIES AND VOUNTARY ORGANISATIONS, ETC.

   1. 67. Co-operation between Health and Social Services Boards, district councils, etc.

   2. 68. Supply of goods and services to certain persons and bodies

   3. 69. Supply of goods and services between Health and Social Services Boards and district councils

   4. 70. Assistance to bodies providing certain housing accommodation, etc.

   5. 71. Arrangements with and assistance to voluntary organisations

9. Arts. 72, 73 rep. by 1995 NI 2

10. PART IX DISSOLUTION OF CERTAIN BODIES, ETC.

    1. Art. 74 rep. by SLR 1980

    2. 75. Transfer of assets and liabilities

    3. 76. Supplementary and transitional provisions

    4. Arts. 77, 78 rep. by 1991 NI 1

11. PART X ENDOWMENTS AND OTHER TRUST PROPERTY, ETC.

    1. 79. Transfer of endowments, etc., held by management committees

    2. 80. Transfer of property held on trust by Northern Ireland Hospitals Authority

    3. 81. Transfer of certain property held by health and welfare authorities

    4. 82. Transfer of other property held on trust by health and welfare authorities

    5. 83. Power of trustees to make payments to Health and Social Services Boards

    6. 84. Power of Ministry in cases of difficulty

    7. 85. Power of the Health and Social Services Boards to accept property on trust

    8. 86. Certain property of voluntary organisations

12. PART XI FINANCIAL PROVISIONS

    1. 87. Expenses of the special agencies

    2. 88. Regulation of financial arrangements of certain bodies

    3. 89. Remuneration of members of bodies and certain other persons

    4. 90. Accounts and audit: health and social care bodies

    5. 91. Accounts of endowments and other property held on trust

    6. 92B. Studies for improving economy, etc. in services

    7. 93. Northern Ireland share of expenses of certain United Kingdom Councils, etc.

    8. 94. Expenses of the Ministry

13. PART XII MISCELLANEOUS AND GENERAL

    1. Miscellaneous

       1. 95. Exercise, in certain cases, of right of choice of person by whom services are to be provided

       2. 96. Preservation of associations of denominational hospitals

       3. 97. Protection for officer acting in execution of duty

       4. 98. Services free of charge

       5. 99. Charges in respect of accommodation provided by Department under Article 15

       6. 100. Liability to maintain spouse or civil partner and children

       7. 101. Recovery of cost of accommodation for persons in need

       8. 101A. Recovery of cost of accommodation where persons have disposed of assets

       9. Art. 102 rep. by 1995 NI 2

       10. 103. Failure to maintain

14. Administrative and Supplemental Art. 104 rep. by 1986 NI 24...

    1. Administrative and Supplemental

       1. Art. 104 rep. by 1986 NI 24

       2. 105. Arbitration

       3. 106. Miscellaneous administrative matters

       4. 107. Orders, regulations and directions

       5. 108. Amendment and repeal of local Acts and charters

       6. 109. Amendments, savings and repeals

15. SCHEDULES

    1. SCHEDULE 1

       1. PART I THE CONSTITUTION OF THE HEALTH AND SOCIAL SERVICES BOARDS

          1. 1. A Health and Social Services Board shall be a body corporate with perpetual succession to

          2. 2. A Health and Social Services Board shall, notwithstanding that it is exercising functions on behalf

          3. 3. A Health and Social Services Board shall consist of—a chairman appointed by the Head of

          4. 4. The term of office of members of a Health and Social Services Board appointed under

          5. 5. A member of a Health and Social Services Board appointed under paragraph 3(1)(a) or (b)—may

          6. 6. The proceedings of a Health and Social Services Board or of any committee thereof shall

       2. PART II SUPPLEMENTARY PROVISIONS AS TO THE HEALTH AND SOCIAL SERVICES BOARDS

          1. Acquisition, etc., of land

             1. 7. Subject to Part X and paragraph 2( d) of Schedule 9, so much of section

          2. Committees

             1. 8. Sub‐para. (1) rep. by 1986 NI 24. . . . . . , a Health

          3. Sub-committees

             1. 9. A Health and Social Services Board, or a committee appointed by such a Board, may,

          4. Procedure

             1. 10. Each Health and Social Services Board shall make standing orders with regard to its procedure

          5. Disclosure of pecuniary, etc., interests and related provisions

             1. 11. Subject to sub-paragraph (2), sections 28 to 33 and 146 of the Local Government Act

          6. Officers

             1. 12. The qualifications, remuneration and conditions of service of officers of a Health and Social Services

          7. The seal Execution of contracts and instruments not under seal

             1. 13. The seal of a Health and Social Services Board shall be authenticated by the signatures

             2. 14. Any contract or instrument which, if entered into or executed by an individual, would not

             3. 15. Regulations may make provision (including provision modifying this Schedule) to deal with cases where the

    2. Schedule 2 rep. by 1986 NI 24

    3. SCHEDULE 3

       1. PART I THE CONSTITUTION OF THE AGENCY

          1. 1. The Agency shall be a body corporate with perpetual succession to which section 19 of

          2. 2. The Agency shall, notwithstanding that it is exercising functions on behalf of the Ministry or

          3. 3. Subject to sub-paragraph (2), the Agency shall consist of a chairman, vice-chairman and such number

          4. 4. The Ministry may, by regulations, make provision for—the appointment, tenure, and vacation of office, of

          5. 5. The proceedings of the Agency or of any committee thereof shall not be invalidated by

       2. PART II SUPPLEMENTARY PROVISIONS AS TO THE AGENCY

          1. Acquisition, etc., of land

             1. 6. So much of section 19 of the Interpretation Act (Northern Ireland) 1954 as relates to

          2. Committees

             1. 7. The Agency shall, subject to sub-paragraph (5), appoint such committees as the Ministry may determine.Without

          3. Sub-committees

             1. 8. The Agency, or a committee appointed by the Agency, may, subject to sub-paragraph (3), appoint

          4. Procedure

             1. 9. The Agency shall make standing orders with regard to its procedure (including the fixing of

          5. Disclosure of pecuniary, etc., interests and related provisions

             1. 10. Sections 28 to 33 and 146 of the Local Government Act (Northern Ireland) 1972 and

          6. Officers

             1. 11. The qualifications, remuneration and conditions of service of officers of the Agency shall be determined

          7. The seal

             1. 12. The seal of the Agency shall be authenticated by the signatures of at least one

          8. Execution of contracts and instruments not under seal

             1. 13. Any contract or instrument which, if entered into or executed by an individual, would not

    4. Schedule 4 rep. by 1991 NI 1

    5. Schedule 5 rep. by 1992 NI 20

    6. SCHEDULE 6

       REMOVAL TO SUITABLE PREMISES OF PERSONS IN NEED OF CARE AND ATTENTION

       1. 1. Where an officer, being a social worker, of the responsible authority (a) has reason to...

       2. 2. (1) Subject to sub-paragraph (2), on any such application the court may, if satisfied on...

       3. 3. An order under paragraph 2 may be made so as to authorise a person's detention...

       4. 4. An order under paragraph 2 may be varied by an order of the court so...

       5. 5. At any time after the expiration of six weeks from the making of an order...

       6. 6. An application under this Schedule shall not be entertained by the court unless, three clear...

       7. 7. A person in respect of whom an application is made under this Schedule, and any...

       8. 8. Where the premises in which a person is maintained under this Schedule are premises which...

       9. 9. Any expenditure incurred by the responsible authority under paragraph 8 shall be recoverable by the...

       10. 10. Any person who wilfully disobeys, or obstructs the execution of, an order under paragraph 2...

       11. 11. In the exercise of its functions under this Schedule the responsible authority shall act in...

       12. 12. In this Schedule— (a) “responsible authority” means— (i) in relation to a person who resides...

    7. SCHEDULE 7

       MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 48

       1. 1. References to the Ministry or to the council shall be construed as references to the...

       2. 2. References to the said Schedule 6 shall be construed as references to that Schedule as...

       3. 3. Paragraph 1 shall be omitted.

       4. 4. In paragraph 2— (a) for the words from the beginning to “directs,” there shall be...

       5. 5. In paragraph 3(1)(ii) for the word “refuse” there shall be substituted the words “ decide...

       6. 6. In paragraph 4 the words from “and may provide” to the end of the paragraph...

       7. 7. In paragraph 5— (a) in sub-paragraph (1)( a ) the words “in the prescribed form...

       8. 8. In paragraph 6(2) for the words “fund out of which the expenses of the council...

       9. 9. In paragraph 11(3) the words “in the prescribed form” shall be omitted.

       10. 10. In paragraph 12— (a) in sub-paragraph (1) the word “such” and the words “as may...

       11. 11. In paragraph 14(1) the words “in the prescribed form” shall be omitted.

       12. 12. In paragraph 15(1) for the words “in the prescribed form” there shall be substituted the...

       13. 13. Paragraph 19 shall be omitted.

       14. 14. In paragraph 20, sub-paragraph (2) shall be omitted.

    8. Schedule 8 rep. by 2005 c. 12

    9. SCHEDULE 9

       PROVISION FOR MAKING LOANS TO GENERAL MEDICAL PRACTITIONERS

       1. 1. The Ministry, with the approval of the Ministry of Finance, may by order empower the...

       2. 2. Without prejudice to the generality of paragraph 1, an order under this Schedule may make...

       3. 3. An order shall not be made under this Schedule unless and until a draft thereof...

       4. 4. Where it is shown to the satisfaction of the Ministry that, taking one year with...

       5. 5. Where an order under this Schedule authorises the Ministry of Finance to guarantee the payment...

    10. SCHEDULE 10

        PROHIBITION OF SALE OF MEDICAL PRACTICES

        1. Sale of medical practices

           1. (1) (1) It is unlawful to sell the goodwill of the medical practice of a...

              1. 1. (1) It is unlawful to sell the goodwill of the medical practice of a person...

           2. Prohibition, and certificate of Health and Social Services Board

              1. 2. (1) Any person who sells or buys the goodwill of a medical practice which it...

           3. Certain transactions deemed sale of goodwill

              1. 3. (1) For the purposes of paragraphs 1 and 2, a disposal of premises previously used...

           4. Carried-over goodwill

              1. 4. The fact that a person's medical practice was previously carried on by another person who...

    11. SCHEDULE 11

        DISQUALIFICATION OF PERSONS PROVIDING PART VI SERVICES

        1. PART I THE TRIBUNAL

           1. The Tribunal: general provisions

              1. 1. (1) There shall continue to be a tribunal ( “the Tribunal”) constituted in accordance with...

           2. The Tribunal: supplementary

              1. 2. (1) Where an ophthalmic optician is a body corporate, the body corporate is to be...

           3. Powers of the Tribunal

              1. 3. (1) Sub-paragraph (2) applies where the Tribunal is of the opinion— (a) on inquiring into...

           4. Conditional disqualification

              1. 4. (1) The functions of making disqualifications under paragraph 3 include making a conditional disqualification, that...

           5. Review etc. of disqualification

              1. 5. (1) The Tribunal may review any disqualification, conditional disqualification or declaration of unfitness— (a) if...

           6. Appeals

              1. 6. Any person aggrieved by any determination of the Tribunal under this Part may appeal to...

           7. Disqualification provisions in Scotland or England and Wales

              1. 7. (1) Where— (a) under or by virtue of any provisions in force in Scotland or...

           8. Regulations

              1. 8. (1) Regulations shall make provision— (a) for inquiries under this Schedule to be held in...

           9. Applications for interim suspension

              1. 9. (1) A Health and Social Services Board which has made representations under paragraph 1 may,...

           10. Suspension pending appeal

               1. 10. (1) Where, on disposing of a case under paragraph 3, the Tribunal makes a general...

           11. Paragraphs 9 and 10: procedure

               1. 11. (1) Before making a direction under paragraph 9(3) or 10(1) in relation to any person,...

           12. Suspension provisions in Scotland or England and Wales

               1. 12. (1) This paragraph applies where it appears to the Department that there is provision in...

           13. Payments in consequence of suspension

               1. 13. (1) Regulations may provide for the making to persons to whom paragraph 9(5) or 12(2)...

           14. Removal of persons from list

               1. 14. Where any of the services mentioned in paragraph 1(8)(a) to (e) is administered pursuant to...

        2. PART II CONSTITUTION OF THE TRIBUNAL

           1. Membership

              1. 15. The Tribunal shall consist of— (a) a chairman appointed by the Lord Chief Justice; (b)...

           2. Chairman and deputy chairman

              1. 16. A person appointed as the chairman or a deputy chairman shall be either a barrister-at-law...

           3. Other members of the Tribunal

              1. 17. (1) Any appointment for the purposes of paragraph 15(c) shall be made after consultation with...

           4. Functions of the Tribunal

              1. 18. (1) The functions of the Tribunal shall be exercised by three members consisting of— (a)...

           5. Regulations

              1. 19. Regulations may provide for the appointment, tenure of office and vacation of office of members...

    12. SCHEDULE 12

        FORMER DISPENSARY PROPERTY, ETC.

        1. 1. Where a medical practitioner was in occupation of any dispensary residence immediately before the 5th...

        2. 2. Notwithstanding anything in any transferred provision, or in any conveyance, trust deed or other instrument...

        3. 3. Where the Ministry is satisfied that any property to which this Schedule applies (other than...

        4. 4. The Ministry shall, before disposing of any such property, notify the district council for the...

        5. 5. If the district council which has been notified pursuant to paragraph 4, by resolution duly...

        6. 6. A district council to which the interests, rights or liabilities in any property are transferred...

        7. 7. Where, under paragraph 3 or 6, any property is disposed of by the Ministry or...

        8. 8. Any district council by which any money is received under paragraph 7 in pursuance of...

    13. SCHEDULE 13

        1. 1. An order under Article 76(1) may include provision—for the manner in which it is to

        2. 2. Where an order makes provision as mentioned in paragraph 1( f) the order shall be

    14. SCHEDULE 14

        ENDOWMENTS OF CERTAIN HOSPITALS

        1. 1. Any endowment to which this Schedule applies shall, notwithstanding anything contained in any enactment or...

        2. 2. Where the Health and Social Services Board is satisfied that it has become impracticable or...

    15. SCHEDULE 15

        CHARGES IN RESPECT OF CERTAIN SERVICES, AND OTHER RELATED MATTERS

        1. (1) Regulations made with the approval of the Ministry of Finance may provide— (a) for...

           1. 1. Regulations made with the approval of the Ministry of Finance may provide— (a) for the...

           2. 1A. (1) Subject to the following provisions of this paragraph, regulations made with the approval of...

           5. 1B. (1) Descriptions of persons may be prescribed for the purposes of paragraph 1(b) by reference...

           6. 2. Regulations made under paragraph 1 may provide that sums which would otherwise be payable by...

           7. 2A. (1) The Department shall by regulations provide for payments to be made by the Department...

           8. 3. Subject to paragraph 4, any charges under this Order shall, without prejudice to any other...

           9. 4. Any person entitled to recover charges under this Order may, by agreement with the governing...

           10. 5. (1) Where goods or services are provided under this Order and either— (a) any charge...

           11. 6. (1) Regulations may provide that, where a person fails to pay— (a) any amount recoverable...

           12. 7. (1) A person is guilty of an offence if he does any act mentioned in...

           13. 9. Without prejudice to any other provision of this Schedule, it shall be lawful for the...

           14. 10. Nothing in Article 98(1) shall operate to restrict the making of provision under this Schedule...

    16. SCHEDULE 15A

        DENTAL CHARGING: EXEMPTIONS

        1. General exemptions

           1. 1. (1) No charge is to be made under regulations under paragraph 1A(1) of Schedule 15...

        2. Repair and replacement

           1. 2. (1) No charge is to be made under regulations under paragraph 1A(1) of Schedule 15...

        3. Exceptions to paragraphs 1 and 2

           1. 3. Paragraphs 1 and 2 do not apply in relation to— (a) the repair or replacement...

        4. Hospital patients

           1. 4. No charge is to be made under regulations under paragraph 1A(1) of Schedule 15 in...

           2. 5. Paragraph 4 does not apply where an appliance is supplied— (a) under Article 60A(2); (b)...

        5. Arrest of bleeding

           1. 6. No charge is to be made under regulations under paragraph 1A(1) of Schedule 15 in...

        6. Declarations and evidence

           1. 7. Regulations may provide, with respect to any exemption under this Schedule, that it is to...

    17. Schedule 16—Amendments

    18. SCHEDULE 17

        SAVING, TEMPORARY AND TRANSITIONAL PROVISIONS

        1. Exempted hospitals (1) (1) The repeal by this Order of paragraph 2(1) of Schedule 11...

           1. Exempted hospitals

              1. 1. (1) The repeal by this Order of paragraph 2(1) of Schedule 11 to the Health...

           2. Recovery of certain loans

              1. 2. The repeal by this Order of paragraph 2 of Schedule 11 to the Health Services...

           3. Saving for allowances, pensions, gratuities and compensation

              1. 3. The repeal of any enactment by this Order or by any enactment repealed by this...

           4. Special provisions as to certain property

              1. 4. The Belfast City Council may exercise the power conferred on the Lord Mayor, Aldermen and...

           5. Temporary provision as to compensation

              1. 5. (1) Where— (a) in accordance with any enactment mentioned in sub-paragraph (4), compensation has been...

              2. Para. 6 rep. by 1978 NI 15

              3. Para. 6 rep. by 1978 NI 15

           6. Saving for powers of Ministry of Development to dispose of former workhouse property

              1. 7. (1) The repeal of paragraph 1 of Schedule 3 to the Welfare Services Act (Northern...

           7. Care of patients under Part III of Mental Health Act

              1. 8. Where immediately before [ 1st October, 1973] a hospital order or a guardianship order made...

              2. Para. 9. rep. by 1995 NI 2

              3. Para. 9. rep. by 1995 NI 2

           8. Saving for sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954

              1. 10. Nothing in this Order shall affect the provisions of sections 28 and 29 of the...

    19. Schedule 18—Repeals