The Health and Personal Social Services (Special Agencies)(Northern Ireland) Order 1990

Statutory Instruments

1990 No. 247 (N.I. 3)

The Health and Personal Social Services (Special Agencies)(Northern Ireland) Order 1990

14th February 1990

Title and commencement N.I.

1.—(1) This Order may be cited as the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990.

(2) This Order shall come into operation on the expiration of two months from the day on which it is made.

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954F1 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

• “the Department” means the Department of Health and Social Services;

• “the principal Order” means the Health and Personal Social Services (Northern Ireland) Order 1972F2 ;

• “special agency” has the meaning assigned to it by Article 3(7).

(3) This Order shall be construed as one with the principal Order.

F1 1954 c. 33 (N.I.)

F2 1972 NI 14

Special health and [F3 social care] agencies N.I.

3.—(1) If the Department considers that a special body should be established for the purpose of performing any functions which the Department may under Article 4(1) direct the body to perform on behalf of the Department, the Department may by order establish a body for that purpose.

(2) The Department may, subject to the provisions of the Schedule, by order make such further provision relating to that body as it thinks fit.

(3) A body established in pursuance of this Article shall (without prejudice to the power conferred by paragraph (4) to allocate a particular name to the body) be called a special health and [F3 social care] agency.

(4) Without prejudice to the generality of the power conferred by this Article to make an order, that order may in particular contain provisions as to—

(a) the membership of the body established by the order;

(b) the transfer to the body of officers, movable property, rights and liabilities; and

(c) the name by which the body is to be known.

(5) Before the Department makes an order under this Article, it shall consult with respect to the order such bodies as it may recognise as representing officers who in its opinion are likely to be transferred or affected by transfers in pursuance of the order.

(6) An order under this Article—

(a) may include such incidental or supplemental provision as the Department considers appropriate; and

(b) shall be subject to negative resolution.

(7) The Schedule shall have effect with respect to a special health and [F3 social care] agency (referred to in that Schedule and the following provisions of this Order as a “special agency” ).

F3 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(a) (with Sch. 6 para. 1(2)(3)); S.R. 2009/114, art. 2

Modifications etc. (not altering text)

C1 Art. 3 referred to (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 1(4), 34(3); S.R. 2009/114, art. 2

Directions as to functions of special agency N.I.

4.—(1) The Department may direct a special agency to exercise on its behalf such functions with respect to the administration of such health and [F4 social care] as are specified in the directions.

(2) The Department may give directions to a special agency with respect to the exercise of any functions exercisable by virtue of paragraph (1).

(3) The Department may direct that Article 18 of the principal Order (scheme as to exercise of functions) shall (with the appropriate modifications) apply to a special agency as it applies to [F5 the Regional Agency for Public Health and Social Well-being] .

(4) It shall be the duty of a special agency to comply with any directions given to it under this Article.

(5) Directions under this Article shall be in writing[F6 and section 17(2) of the Interpretation Act (Northern Ireland) 1954 shall apply to a direction under this Article as if the direction were a statutory instrument].

(6) In Article 3(3)( a ) of the Health and Medicines (Northern Ireland) Order 1988F7 (directions as to exercise by other bodies of Department's powers for financing health services) after the words “principal Order” there shall be inserted the words “ or the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 ” .

F4 Words in art. 4(1) substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(a) (with Sch. 6 para. 1(2)(3)); S.R. 2009/114, art. 2

F5 Words in art. 4(3) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 135; S.R. 2022/102, art. 2(b)

F6 1991 NI 1

F7 1988 NI 24

Application of principal Order to special agencies N.I.

5.—(1) The principal Order shall have effect subject to the amendments in the following provisions of this Article, being amendments to apply to special agencies certain provisions of that Order.

(2) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Paras. (3)(4) rep by 1991 NI 1

(5) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Paras. (6)(7) rep. by 1991 NI 1

(8) In Article 85(1) (power to accept property on trust) after the words “Health and Social Services Board” there shall be inserted the words “ or a special agency ” and for the words “the Board's” there shall be substituted the words “ that body's ”.

(9) F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Paras. (11)‐(15) rep by 1991 NI 1

F8 Art. 5(2) repealed (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 33, 34(3), Sch. 7; S.R. 2009/114, art. 2

F9 Art. 5(5) repealed (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 33, 34(3), Sch. 7; S.R. 2009/114, art. 2

F10 Art. 5(9) repealed (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 33, 34(3), Sch. 7; S.R. 2009/114, art. 2

F11 Art. 5(10) repealed (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 33, 34(3), Sch. 7; S.R. 2009/114, art. 2

Article 3(7).

SCHEDULE N.I. SPECIAL HEALTH AND SOCIAL SERVICES AGENCIES

Status N.I.

1.  A special agency shall be a body corporate to which, subject to the provisions of this Order, section 19 of the Interpretation Act (Northern Ireland) 1954F12 shall apply. N.I.

F12 1954 c. 33 (N.I.)

Acquisition, etc., of property N.I.

2.  Subject to Article 85(1) of the principal Order, so much of section 19 of the Interpretation Act (Northern Ireland) 1954 as relates to the acquisition of land shall not apply to a special agency and any power conferred by that section to acquire movable property shall be exercised on behalf of the Department. N.I.

Committees N.I.

3.—(1) A special agency may, subject to sub‐paragraph (6), appoint one or more committees to which it may delegate such of its functions as it thinks fit. N.I.

(2) A committee appointed under this paragraph may include persons who are not members of the special agency.

(3) Every member of a committee appointed under this paragraph, who, at the time of his appointment, was a member of the special agency shall, if he ceases to be a member of the agency, also cease to be a member of the committee.

(4) A special agency, or a committee appointed by such an agency may, subject to sub‐paragraph (6), appoint a sub‐committee to consider and report to the agency or, as the case may be, the committee, upon any matter within the competence of that agency or committee.

(5) A sub‐committee appointed under sub‐paragraph (4) may include persons who are not members of the special agency or committee which appoints the sub‐committee.

(6) The Department may, by regulations or directions, make provision with respect to the appointment, constitution or functions of committees and sub‐committees appointed under this paragraph.

Procedure N.I.

4.  Each special agency shall make standing orders with regard to its procedure (including the fixing of a quorum) and that of its committees and sub‐committees which shall be subject to the approval of the Department. N.I.

Disclosure of pecuniary, etc., interests and related provisions N.I.

5.—(1) Subject to sub‐paragraph (2), sections 28 to 33 and 146 of the Local Government Act (Northern Ireland) 1972F13 and section 148 of that Act so far as it applies for the interpretation of those sections, shall apply to aspecial agency and to a committee and sub‐committee thereof and to a member of such agency, committee and sub‐committee as if— N.I.

(a) in those sections any reference to a council were a reference to a special agency or to a committee or sub‐committee thereof, any reference to a councillor were a reference to a member of a special agency or of a committee or sub‐committee thereof, any reference to the clerk of the council were a reference to the chief officer of the special agency and any reference to that Act were a reference to this Order;

(b) in section 28(4) of that Act the words “or 46” were omitted and for the words from “by any local elector” onwards there were substituted the words “ by any person ”.

(2) Notwithstanding anything in sub‐paragraph (1), where an officer of a special agency is a member of the agency he may vote upon any matter which touches the interests of officers of the agency or such officers of any class (including a class to which he belongs), but shall not vote upon any matter touching only his individual interest.

F13 1972 c. 9 (N.I.)

Officers N.I.

6.—(1) The qualifications, remuneration and conditions of service of officers of a special agency shall be determined by the Department. N.I.

(2) Regulations made by the Department may make provision with respect to—

(a) the method of appointment of officers of special agencies;

(b) the qualifications, remuneration and conditions of service of such officers of special agencies as may be prescribed;

and an officer such as is mentioned in head ( b) shall not be employed otherwise than in accordance with the regulations.

(3) Determinations or regulations under sub‐paragraph (1) or (2) may provide for approvals or determinations to have effect from a date specified in them.

(4) The date mentioned in sub‐paragraph (3) may be before or after the date of giving the approvals or making the determinations but may not be before if it would be to the detriment of the officers to whom the approvals or determinations relate.

(5) The appointment and removal from office of such officers of special agencies as may be prescribed shall be subject to the approval of the Department.

(6) Where a person becomes an employee of a special agency on direct transfer from employment in the civil service of Northern Ireland or the civil service of the United Kingdom his period of employment in that civil service at the time of the transfer shall count for the purposes of the[F14 Employment Rights (Northern Ireland) Order 1996] and the Industrial Relations (Northern Ireland) Orders 1976 to 1987 as a period of employment by that special agency, and the transfer shall not break the continuity of the period of employment or give rise to any right to a redundancy payment.

F14 1996 NI 16

The seal N.I.

7.  The seal of a special agency shall be authenticated by the signatures of at least one member of the agency and of the person for the time being acting as chief officer of the agency. N.I.

Execution of contracts and instruments not under seal N.I.

8.  Any contract or instrument which, if entered into or executed by an individual, would not require to be [F15 executed as a deed] may be entered into or executed on behalf of a special agency by any person generally or specifically authorised by that agency to act for that purpose and any document purporting to be such a contract or instrument shall be deemed to be such a contract or instrument until the contrary is proved. N.I.

F15 2005 NI 7

[F16 Dissolution of special agencies N.I.

F16 Sch. para. 8A and preceding cross-heading inserted (21.1.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 28(2), 34(1)(d)

8A— (1) The Department may by order dissolve a special agency. N.I.

(2) An order under this paragraph may be made—

(a) on the application of the special agency concerned; or

(b) if the Department considers it appropriate in the interests of health and social care.

(3) Except where it appears to the Department necessary to make an order under this paragraph as a matter of urgency, no such order shall be made until after the completion of such consultation as may be prescribed.

(4) An order under this paragraph may provide for the transfer to—

(a) the Department, or

(b) such other HSC body as the order may specify,

of such of the assets and liabilities of the special agency which is dissolved as the Department considers appropriate.

(5) The Department must exercise its powers under sub-paragraph (4) so as to ensure that all the liabilities of the special agency are transferred.

(6) An order under this paragraph may make provision in connection with the transfer of staff employed by or for the purposes of the special agency which is dissolved including provision for the making of a scheme by the special agency or such other body as may be specified in the order.

(7) An order under this paragraph—

(a) may include such incidental, supplemental or transitional provision as the Department considers appropriate; and

(b) shall be subject to negative resolution.

(8) Without prejudice to the generality of sub-paragraphs (4) to (7), if a special agency is dissolved under this paragraph, the Department, or such other HSC body as the Department may direct, shall undertake the responsibility for the continued payment of any such pension, allowances or gratuities as, by virtue of regulations made under paragraph 6, would otherwise have been the responsibility of the special agency which has been dissolved.

(9) A special agency may not be dissolved or wound up except in accordance with this paragraph.]

Para. 9(1) rep. by 1996 NI 8; para. 9(2) rep. by 1996 NI 7

Regulations N.I.

10.  Regulations under this Schedule shall be subject to negative resolution. N.I.