The Personal Social Services (Preserved Rights) (2002 Act) (Commencement) Order (Northern Ireland) 2002

Statutory Rules of Northern Ireland

2002 No. 131 (C. 11)

PRESERVED RIGHTS

The Personal Social Services (Preserved Rights) (2002 Act) (Commencement) Order (Northern Ireland) 2002

Made

28th March 2002

The Department of Health, Social Services and Public Safety, in exercise of the powers conferred on it by sections 6 and 7 of the Personal Social Services (Preserved Rights) Act (Northern Ireland) 2002(1), and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Personal Social Services (Preserved Rights) (2002 Act) (Commencement) Order (Northern Ireland) 2002.

(2) In this Order—

“the Act” means the Personal Social Services (Preserved Rights) Act (Northern Ireland) 2002.

Appointed days in respect of section 1 of the Act

2.—(1) 8th April 2002 is the appointed day for the coming into operation of subsection (1) of section 1 of the Act.

(2) 28th March 2002 is the appointed day for the coming into operation of the remaining subsections of section 1 of the Act (Preserved Rights: transfer to Department of responsibilities as to accommodation).

Appointed day in respect of section 4 of, and the schedule to the Act

3.  8th April 2002 is the appointed day for the coming into operation of section 4 of, and the schedule to, the Act (Preserved Rights: repeals).

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 28th March 2002.

L.S.

John McGrath

Senior Officer of the

Department of Health, Social Services and Public Safety

Explanatory Note

(This note is not part of the Order.)

This Order brings into operation those provisions of the Personal Social Services (Preserved Rights) Act (Northern Ireland) 2002 (“the Act”) which are required to be commenced.

Article 2(1) brings into operation, on 8th April 2002, subsection (1) of section 1 of the Act, which provides that Article 36A of the Health and Personal Social Services (Northern Ireland) Order 1972 shall cease to have effect. Article 36A prevents the Department of Health, Social Services and Public Safety from providing residential accommodation for persons who were in such accommodation on 31st March 1993.

Article 2(2) brings into operation on 28th March 2002, the remaining subsections of section 1 of the Act. The provisions commenced provide for the transfer to the Department of Health, Social Services and Public Safety of responsibilities as to accommodation for persons to whom Article 36(A) of the 1972 Act applies.

Article 3 brings into operation on 8th April 2002 section 4 of and the schedule to the Act which provide for certain consequential repeals.

(1)

2002 c. 5. (N.I.)