The Special Agencies (Consultation on Dissolution) Regulations (Northern Ireland) 2009

Statutory Rules of Northern Ireland

2009 No. 84

Health And Social Care

The Special Agencies (Consultation on Dissolution) Regulations (Northern Ireland) 2009

Made

6th March 2009

Coming into operation

30th March 2009

The Department of Health, Social Services and Public Safety(1), makes the following regulations in exercise of the powers conferred by Article 3(7) of, and paragraph 8A(3) of the Schedule to, the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990(2).

Citation, commencement and interpretation

1.—(1) These regulations may be cited as the Special Agencies (Consultation on Dissolution) Regulations (Northern Ireland) 2009 and shall come into operation on 30th March 2009.

(2) In these regulations —

“the Order” means the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990;

“dissolution order” means an order under paragraph 8A(1) of the Schedule to the Order dissolving a special agency;

“staff interests” means such persons or bodies as the special agency which is to be dissolved may recognise as representing staff employed by or for the purposes of that special agency who, in its opinion, are likely to be transferred or affected by transfers in pursuance of the dissolution order.

Consultation

2.—(1) Subject to paragraph (2), for the purposes of paragraph 8A(3) of the Schedule to the Order, the prescribed consultation which, except in cases of urgency, must be completed before the Department may make a dissolution order is —

(a) where a dissolution order is to be made pursuant to paragraph 8A(2)(a) of the Schedule to the Order (on the application of the special agency concerned) consultation by that special agency with staff interests the results of which shall, within such period, if any, as the Department shall determine, be reported by that special agency to the Department.

(b) where a dissolution order is to be made pursuant to paragraph 8A(2)(b) of the Schedule to the Order (where the Department considers it appropriate in the interests of health and social care) consultation by the Department with staff interests.

(2) Where a dissolution order is to be made in respect of two or more special agencies, the prescribed consultation under sub-paragraph (1)(a) may be undertaken jointly by the special agencies concerned.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 6th March 2009

Linda Devlin

A senior officer of the

Department of Health, Social Services and Public Safety

EXPLANATORY NOTE

(This note is not part of the Regulations)

These regulations prescribe the consultation to be completed before the Department of Health, Social Services and Public Safety may make an order dissolving a special agency under paragraph 8A of the Schedule to the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990.

They provide that such persons or bodies as appear to the special agencies concerned as representing staff likely to be transferred or affected by transfers must be consulted on an order dissolving a special agency, except in cases of urgency.

(1)

Formerly the Department of Health and Social Services. See S.I. 1999/283 (N.I. 1) Article 3(6)

(2)

S.I. 1990/247 (N.I. 3) was amended and paragraph 8A to the Schedule inserted by 2009 c.1