Explanatory Memorandum to Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003

Overview

The Order is in six Parts:

Part I (Articles 1 – 2) provides for the title and commencement and also provides for the interpretation of certain terms and references;

Part II (Articles 3 - 7) provides for the establishment of the Regulation and Improvement Authority and sets out its general responsibility with regard to the monitoring of the quality of health and care services;

Part III (Articles 8 - 33) makes provision for the regulatory procedures to be followed by the Regulation and Improvement Authority;

Part IV (Articles 34 - 35) introduces the statutory duty of quality and the responsibilities of the new Authority with regard to services delivered by HSS Boards, HSS Trusts and special agencies;

Part V (Articles 36 - 37) sets out the functions of the new Authority with regard to Boards and Trusts adoption and fostering services as well as the delivery of their functions with regard to the regulation of day care and childminding for children aged under 12;

Part VI (Articles 38 - 44) sets out the powers of inspection and review of the new Authority.  It confers power on the Department to introduce minimum standards applicable to regulated and other services.  It also covers the concept of improvement notices linked to minimum standards.  Part VI also sets out the powers of a Tribunal with the role of hearing appeals against the decisions of the new Authority.; and

Part VI (Articles 45 - 50) deal with various miscellaneous provisions.