Health and Personal Social Services (Northern Ireland) Order 1972

Administrative and Supplemental N.I.

Art. 104 rep. by 1986 NI 24

Arbitration N.I.

105.—(1) …F1 , any matter which is required under this Order to be determined by arbitration shall be determined by a single arbitrator agreed upon by the parties or, in default of such agreement, appointed by the Lord Chief Justice on the application of any of the parties.

Paras.(2)‐(5) rep. by 1978 NI 26

(6) Subject to [F2 paragraph (1)],[F3 Part I of the Arbritration Act 1996] shall, in relation to arbitrations under this Order, have effect subject to such modifications as may be prescribed.

F1 1978 NI 26

F2 1978 NI 26

F3 1996 c.23

Miscellaneous administrative matters N.I.

106.  Regulations may—

(a) provide for the determination by arbitration, in default of agreement, of any question arising as to whether any asset or liability has been transferred by virtue of section 27 of the Health Services Act (Northern Ireland) 1948 [1948 c.3] or section 6 of the Health Services (Amendment) Act (Northern Ireland) 1967 [1967 c.9] or as to the person to whom it has been transferred by virtue of those sections;

(b) prescribe anything which is necessary or expedient for the purpose of giving due effect to the provisions of this Order.

Orders, regulations and directions N.I.

107.—(1) Orders made under Articles F4 . . . [F5 , 56(2B)] and 108, F6 . . . and regulations shall be subject to negative resolution.

(2) Regulations may provide that persons contravening the regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding an amount specified in the regulations.

(3) The amount which may be specified in regulations as mentioned in paragraph (2) shall not exceed[F7 level 3 on the standard scale].

(4) Section 17(2) of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall apply to a direction given by the Ministry or given jointly by the Ministry and the Ministry of Home AffairsF8 under this Order as if the direction were a statutory instrument.

(5) All statutory instruments made under any transferred provision repealed by this Order, so far as they are in force immediately before the commencement of this Order, shall with the necessary modifications continue in force until they are revoked by any order or regulations under this Order and shall have the like effect, and the like proceeding may be had thereon and in respect thereof as if they had been made under this Order.

(6) Without prejudice to any other provision of this Order, any power conferred by this Order on the Ministry to make any regulations or orders having a financial implication shall, if the Ministry of Finance so directs, be exercisable only in conjunction with that Ministry.

F4 Word in art. 107(1) repealed (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), s. 34(3), Sch. 6 para. 3(47), Sch. 7; S.R. 2009/114, art. 2

F5 1991 NI 1

F6 Words in art. 107(1) repealed (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), s. 34(3), Sch. 6 para. 3(47), Sch. 7; S.R. 2009/114, art. 2

F7 1984 NI 3

F8 functions transf. by SRO (NI) 1973/504

Amendment and repeal of local Acts and charters N.I.

108.  Where, immediately before the commencement of this Article, there was in force a local or personal Act or charter containing provisions inconsistent with any of the provisions of this Order or redundant in consequence of any of those provisions, the Ministry may by order modify the local or personal Act or charter so far as may be necessary for the purpose of bringing its provisions into conformity with the provisions of this Order or, as the case may be, for the purpose of removing redundant provisions.

Amendments, savings and repeals N.I.

109.  Para. (1), with Schedule 16, effects amendments

(2) The saving, temporary and transitional provisions specified in Schedule 17 shall have effect for the purposes of this Order.

Para. (3), with Schedule 18, effects repeals

(4) References to any transferred provision repealed by this Article in any deed, instrument or other document giving effect to arrangements made under paragraph 2(2) of Schedule 11 to the Health Services Act (Northern Ireland) 1971 [1971 c.1] shall be construed as references to the corresponding provision of this Order.