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

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  1. Introductory Text

  2. Restructuring of administration of health and social care

    1. 1.Restructuring of administration of health and social care

  3. Department's role in promoting and providing health and social care

    1. 2.Department's general duty

    2. 3.Department's general power

    3. 4.Department's priorities and objectives

    4. 5.The framework document

    5. 6.Power of Department to give directions to certain bodies

  4. The Regional Board

    1. 7.The Regional Health and Social Care Board

    2. 8.Functions of the Regional Board

    3. 9.Local Commissioning Groups

    4. 10.Power of Regional Board to give directions and guidance to HSC trusts

    5. 11.Provision of information, etc. to Regional Board by HSC trusts

  5. The Regional Agency

    1. 12.The Regional Agency for Public Health and Social Well-being

    2. 13.Functions of the Regional Agency

  6. RBSO

    1. 14.The Regional Business Services Organisation

    2. 15.Functions of RBSO

  7. Patient representation and public involvement

    1. 16.The Patient and Client Council

    2. 17.Functions of the Patient and Client Council

    3. 18.Duty to co-operate with the Patient and Client Council

    4. 19.Public involvement and consultation

    5. 20.Public involvement: consultation schemes

  8. HSC trusts

    1. 21.Duty on HSC trusts in relation to improvement of health and social well-being

  9. Public-private partnerships

    1. 22.Public-private partnerships

  10. Transfer of assets, liabilities and functions

    1. 23.Schemes for transfer of assets and liabilities

    2. 24.Transfer of functions of Health and Social Services Boards

    3. 25.Transfer of functions of the Mental Health Commission

    4. 26.Transfer of functions of Central Services Agency

    5. 27.Amendment of statutory and other references to dissolved bodies, etc.

    6. 28.Dissolution of special agencies

  11. Supplementary

    1. 29.Orders, regulations, guidance and directions

    2. 30.Further provision

    3. 31.Interpretation

    4. 32.Minor and consequential amendments

    5. 33.Repeals

    6. 34.Commencement

    7. 35.Short title

  12. SCHEDULES

    1. SCHEDULE 1

      THE REGIONAL HEALTH AND SOCIAL CARE BOARD

      1. Status

        1. 1.(1) The Regional Board shall not be regarded—

      2. General powers

        1. 2.(1) Subject to any directions given by the Department, the...

      3. Membership

        1. 3.(1) The Regional Board shall consist of—

      4. Remuneration and allowances

        1. 4.(1) The Regional Board shall pay to its members such...

      5. Term of office

        1. 5.(1) The term of office of members of the Regional...

      6. Resignation and removal

        1. 6.(1) A member of the Regional Board appointed under paragraph...

      7. Committees

        1. 7.(1) The Regional Board— (a) shall appoint such committees as...

      8. Sub-committees

        1. 8.(1) The Regional Board or a committee may appoint a...

      9. Proceedings

        1. 9.Without prejudice to section 19(1)(a)(v) of the Interpretation Act (Northern...

      10. Validity of proceedings

        1. 10.The proceedings of the Regional Board or of any committee...

      11. Disclosure of pecuniary, etc., interests and related provisions

        1. 11.(1) Subject to sub-paragraph (2), sections 28 to 33 and...

      12. The chief officer and other staff

        1. 12.(1) There shall be a chief officer of the Regional...

        2. 13.(1) The qualifications, remuneration and conditions of service of officers...

      13. Application of the seal

        1. 14.The application of the seal of the Regional Board shall...

      14. Execution of documents

        1. 15.(1) Any document which if executed by an individual would...

      15. Finance

        1. 16.(1) The Department may make payments to the Regional Board...

      16. Accounts

        1. 17.(1) The Regional Board shall— (a) keep proper accounts and...

      17. Annual report

        1. 18.(1) The Regional Board shall within such period after the...

      18. Interpretation

        1. 19.In paragraphs 17 and 18— “Comptroller and Auditor General” means...

      19. Information

        1. 20.(1) The Regional Board shall record such information with respect...

      20. Default powers of Department

        1. 21.(1) The powers conferred by this paragraph are exercisable by...

    2. SCHEDULE 2

      THE REGIONAL AGENCY FOR PUBLIC HEALTH AND SOCIAL WELL-BEING

      1. Status

        1. 1.(1) The Regional Agency shall not be regarded—

      2. General powers

        1. 2.(1) Subject to any directions given by the Department, the...

      3. Membership

        1. 3.(1) The Regional Agency shall consist of—

      4. Remuneration and allowances

        1. 4.(1) The Regional Agency shall pay to its members such...

      5. Term of office

        1. 5.(1) The term of office of members of the Regional...

      6. Resignation and removal

        1. 6.(1) A member of the Regional Agency appointed under paragraph...

      7. Committees

        1. 7.(1) The Regional Agency may appoint one or more committees...

      8. Sub-committees

        1. 8.(1) The Regional Agency or a committee may appoint a...

      9. Proceedings

        1. 9.Without prejudice to section 19(1)(a)(v) of the Interpretation Act (Northern...

      10. Validity of proceedings

        1. 10.The proceedings of the Regional Agency or of any committee...

      11. Disclosure of pecuniary, etc., interests and related provisions

        1. 11.(1) Subject to sub-paragraph (2), sections 28 to 33 and...

      12. The chief officer and other staff

        1. 12.(1) There shall be a chief officer of the Regional...

        2. 13.(1) The qualifications, remuneration and conditions of service of officers...

      13. Application of the seal

        1. 14.The application of the seal of the Regional Agency shall...

      14. Execution of documents

        1. 15.(1) Any document which if executed by an individual would...

      15. Finance

        1. 16.(1) The Department may make payments to the Regional Agency...

      16. Accounts

        1. 17.(1) The Regional Agency shall— (a) keep proper accounts and...

      17. Annual report

        1. 18.(1) The Regional Agency shall within such period after the...

      18. Interpretation

        1. 19.In paragraphs 17 and 18— “Comptroller and Auditor General” means...

      19. Information

        1. 20.(1) The Regional Agency shall record such information with respect...

      20. Default powers of Department

        1. 21.(1) The powers conferred by this paragraph are exercisable by...

    3. SCHEDULE 3

      THE REGIONAL BUSINESS SERVICES ORGANISATION

      1. Status

        1. 1.(1) RBSO shall not be regarded— (a) as the servant...

      2. General powers

        1. 2.(1) Subject to any directions given by the Department, RBSO...

      3. Membership

        1. 3.(1) RBSO shall consist of— (a) a Chair appointed by...

      4. Remuneration and allowances

        1. 4.(1) RBSO shall pay to its members such remuneration and...

      5. Appointment, procedure etc.

        1. 5.Regulations may make provision as to— (a) the appointment of...

      6. The chief officer

        1. 6.(1) There shall be a chief officer of RBSO who...

      7. Application of the seal

        1. 7.The application of the seal of RBSO shall be authenticated...

      8. Execution of documents

        1. 8.(1) Any document which if executed by an individual would...

      9. Finance

        1. 9.(1) The Department may make payments to RBSO out of...

      10. Accounts

        1. 10.(1) RBSO shall— (a) keep proper accounts and proper records...

      11. Annual report

        1. 11.(1) RBSO shall within such period after the end of...

      12. Interpretation

        1. 12.In paragraphs 10 and 11— “Comptroller and Auditor General” means...

      13. Information

        1. 13.(1) RBSO shall at such times as the Department may...

      14. Default powers of Department

        1. 14.(1) The powers conferred by this paragraph are exercisable by...

    4. SCHEDULE 4

      THE PATIENT AND CLIENT COUNCIL

      1. Status

        1. 1.(1) The Patient and Client Council (in this Schedule referred...

      2. General powers

        1. 2.(1) The Council may do anything which appears to it...

      3. Membership

        1. 3.The Council shall consist of a Chair and other members...

      4. Remuneration and allowances

        1. 4.(1) The Council shall pay to its members such remuneration...

      5. Appointment, procedure etc.

        1. 5.Regulations may make provision as to— (a) the appointment of...

      6. The chief officer

        1. 6.(1) There shall be a chief officer of the Council...

      7. Application of the seal

        1. 7.The application of the seal of the Council shall be...

      8. Execution of documents

        1. 8.(1) Any document which if executed by an individual would...

      9. Finance

        1. 9.(1) The Department may make payments to the Council out...

      10. Accounts

        1. 10.(1) The Council shall— (a) keep proper accounts and proper...

      11. Annual report

        1. 11.(1) The Council shall within such period after the end...

      12. Interpretation

        1. 12.In paragraphs 10 and 11— “Comptroller and Auditor General” means...

      13. Information

        1. 13.The Council shall at such times as the Department may...

      14. Default powers of Department

        1. 14.(1) The powers conferred by this paragraph are exercisable by...

    5. SCHEDULE 5

      TRANSFER OF ASSETS, ETC.

      1. PART 1 TRANSFER SCHEMES

        1. Transfer of assets and liabilities

          1. 1.(1) A scheme— (a) may provide for the transfer of...

        2. Transfer of employed staff

          1. 2.(1) This paragraph applies if rights and liabilities under a...

        3. Continuity

          1. 3.(1) In any statutory provision or document—

      2. PART 2 ACCOUNTS AND REPORTS OF DISSOLVED BODIES

        1. 4.(1) The appropriate body shall make arrangements for—

    6. SCHEDULE 6

      MINOR AND CONSEQUENTIAL AMENDMENTS

      1. General amendment of certain references to health and social services, etc.

        1. 1.(1) In any provision of Northern Ireland legislation—

      2. The Public Health Act (Northern Ireland) 1967 (c. 36)

        1. 2.(1) For any reference to the Director of Public Health...

      3. The Order of 1972

        1. 3.(1) In Article 2(2) (interpretation)— (a) omit the definitions of...

      4. The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

        1. 4.(1) Schedule 1 (offices disqualifying for membership of the Assembly)...

      5. The Solicitors (Northern Ireland) Order 1976 (NI 12)

        1. 5.In Article 3(2) (interpretation) in the definition of “local authority”...

      6. The Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (c. 53)

        1. 6.(1) In section 1 (information as to need for and...

      7. The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

        1. 7.In Article 51(2)(b) (remand for inquiry into physical or mental...

      8. The Mental Health (Northern Ireland) Order 1986 (NI 4)

        1. 8.(1) Subject to sub-paragraphs (2) to (4), in the Order...

      9. The AIDS (Control) (Northern Ireland) Order 1987 (NI 18)

        1. 9.(1) In Article 2(2) (interpretation)— (a) omit the definitions of...

      10. The Water (Fluoridation) (Northern Ireland) Order 1987 (NI 21)

        1. 10.In Article 3 (fluoridation of water supplies)—

      11. The Health and Medicines (Northern Ireland) Order 1988 (NI 24)

        1. 11.(1) In Article 3 (powers for financing health services) in...

      12. The Disabled Persons (Northern Ireland) Act 1989 (c. 10)

        1. 12.In section 2(5)(b) (rights of authorised representatives of disabled persons)...

      13. The Health and Personal Social Services (Northern Ireland) Order 1991 (NI 1)

        1. 13.(1) In Article 2(2) (interpretation) at the appropriate place insert—...

      14. The Children (Northern Ireland) Order 1995 (NI 2)

        1. 14.(1) In Article 17A(3)(a) (assessments and services for children who...

      15. The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7)

        1. 15.(1) Schedule 2 (bodies subject to investigation) is amended as...

      16. The Criminal Justice (Northern Ireland) Order 1996 (NI 24)

        1. 16.(1) In Article 22(5) (additional requirements in the case of...

      17. The Freedom of Information Act 2000 (c. 36)

        1. 17.(1) Schedule 1 (bodies, etc. which are public authorities for...

      18. The Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3)

        1. 18.(1) In section 51 (provision of information as to births...

      19. The Audit and Accountability (Northern Ireland) Order 2003 (NI 5)

        1. 19.(1) In Article 5(1) (additional bodies whose annual accounts are...

    7. SCHEDULE 7

      REPEALS

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