Health and Social Care (Reform) Act (Northern Ireland) 2009

Amendment of statutory and other references to dissolved bodies, etc. N.I.

27—(1) This section applies for the purposes of a transfer of functions effected by section 24, 25 or 26; and in this section, in its application for the purposes of such a transfer—

“the transferor” means the body from which functions are transferred;

“the transferee” means the body to which functions are transferred;

“the transfer date” means the date on which functions are transferred.

(2) In relation to any time after the transfer date, any reference in any statutory provision or document to a Health and Social Services Board (whether general or particular) shall—

(a) in relation to any function transferred by section 24(1), be construed as a reference to the Regional Agency;

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and any reference which delimits functions of a Board by reference to its area shall, in relation to that time, be disregarded.

(3) In relation to any time after the transfer date, any reference in any statutory provision or document to the Mental Health Commission shall, in relation to any function transferred by section 25(1), be construed as a reference to RQIA.

(4) In relation to any time after the transfer date, any reference in any statutory provision or document to the Central Services Agency shall, in relation to any function transferred by section 26(1), be construed as a reference to RBSO.

(5) Subsections (2) to (4) apply unless contrary provision is made by or under this Act or the context otherwise requires.

(6) A transfer of functions to which this section applies does not affect the validity of anything done by, or in relation to, the transferor before the transfer date.

(7) Anything which before the transfer date was done by or in relation to the transferor in relation to any transferred function shall, if in effect immediately before that date, continue to have effect to the same extent and subject to the same provisions as if it had been done by, or in relation to, the transferee.

(8) Anything (including any legal proceedings) in the process of being done by or in relation to the transferor immediately before the transfer date may, so far as it relates to any transferred function, be continued by or in relation to the transferee.

Textual Amendments

F1 S. 27(2)(b) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 238; S.R. 2022/102, art. 2(b)