The Patient and Client Council (Membership and Procedure) Regulations (Northern Ireland) 2009

PART 1 N.I. GENERAL

Citation, commencement and interpretation N.I.

1.—(1) These regulations may be cited as the Patient and Client Council (Membership and Procedure) Regulations (Northern Ireland) 2009 and shall come into operation on 1st April 2009.

(2) In these regulations—

“the Act” means the Health and Social Care (Reform) Act (Northern Ireland) 2009;

“bankruptcy restrictions order” means an order made under Schedule 2A of the Insolvency (Northern Ireland) Order 1989(1) [F1 or Schedule 4A of the Insolvency Act 1986];

“charity trustee” means one of the persons having the general control and management of the administration of a charity;

[F2 “debt relief restrictions order” means an order made under Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989 or Schedule 4ZB to the Insolvency Act 1986;]

[F3 “former health service body” means a Strategic Health Authority, a Primary Care Trust[F4 , the Health and Social Care Information Centre] or the Health Protection Agency;]

“health service body” means—

(a)

any of the following within the meaning of the National Health Service Act 2006(2)—

(i)

F5 ...

(ii)

a Special Health Authority;

(iii)

F5 ...

(iv)

an NHS trust;

(iva)

[F6 a clinical commissioning group;

(ivb)

[F7 NHS England] ;

(ivc)

the National Institute for Health and Care Excellence;

(ivd)

F8 ...]

(v)

a Local Health Board;

(b)

any of the following within the meaning of the National Health Service (Scotland) Act 1978(3)—

(i)

a Health Board;

(ii)

a Special Health Board;

(iii)

the Common Services Agency for the Scottish Health Service;

(iv)

the Scottish Dental Practice Board;

(c)

the Wales Centre for Health established under section 2 of the Health (Wales) Act 2003(4);

(d)

F9 ...

(e)

the Care Quality Commission established under section 1 of the Health and Social Care Act 2008(5);

“the Council” means the Patient and Client Council established under section 16 of the Act;

“trade union” has the meaning assigned to it in Article 3 of the Industrial Relations (Northern Ireland) Order 1992(6);

“trustee for a charity” is a person not being a charity trustee, in whom legal title to the property of the charity is vested;

“voluntary organisation” shall have the same meaning as in the Order of 1972.

Textual Amendments

F1 Words in reg. 1(2) inserted (21.4.2015) by The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015 (S.R. 2015/159), art. 1, Sch. para. 48

F2 Words in reg. 1(2) inserted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 55(2)

F3 Words in reg. 1(2) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 139(2)(a)

F4 Words in reg. 1(2) inserted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 35(a) (with reg. 3)

F5 Words in reg. 1(2) omitted (1.4.2013) by virtue of The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 139(2)(b)(i)

F6 Words in reg. 1(2) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 139(2)(b)(ii)

F7 Words in Regulation substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F8 Words in reg. 1(2) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 35(b) (with reg. 3)

F9 Words in reg. 1(2) omitted (1.4.2013) by virtue of The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 139(2)(b)(iii)

Commencement Information

I1 Reg. 1 in operation at 1.4.2009, see reg. 1(1)

(1)

S.I. 1989/2405 (N.I. 19); the relevant amending instrument is S.I. 2005/1455 (N.I. 10)

(2)

2006 c.41

(3)

1978 c.29; section 2 was amended by paragraph 1 of Schedule 7 to the Health and Social Services and Social Security Adjudications Act 1983 (c.41) and by section 28 of the National Health Service and Community Care Act 1990 (c.19); section 10 was amended by paragraph 2 of Schedule 6 to the Health Services Act 1980 (c.53)

(4)

2003 c.4

(5)

2008 c.14

(6)

S.I. 1992/807 (N.I. 5)