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

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

13—F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

(2) In Article 2(3) after “Article 2(2)” insert “ and (2A) ”.

(3) Omit Article 3 (constitution of Health and Social Services Boards) and Article 4 (Health and Social Services Councils).

(4) In Article 7 (removal of Crown immunities)—

(a) omit paragraph (1);

(b) in paragraphs (2) to (4) for “health and social services body” substitute “ health and social care body to which this Article applies ”;

(c) in paragraph (2), omit sub-paragraph (b) and the word “and” immediately before it;

(d) in paragraph (4) after “Order” insert “ or the 2009 Act ”;

(e) for paragraph (6) substitute—

“(6) This Article applies to the following health and social care bodies—

(a) the Regional Board;

(b) the Regional Agency;

(c) RBSO;

(d) a special agency.”.

(5) In Article 8(2) (health and social services contracts) for sub-paragraphs (a) and (b) substitute—

“(a) the Regional Board;

(aa) the Regional Agency;

(b) RBSO;”.

(6) Omit Article 9 (primary and other functions of Health and Social Services Boards and special agencies).

(7) In Article 10 (health and social care trusts)—

(a) for paragraph (2) substitute—

“(2) Before making an order under paragraph (1), the Department shall consult—

(a) the Patient and Client Council, and

(b) such other persons and bodies as the Department considers appropriate.”.

(b) in paragraph (3) for sub-paragraphs (a) and (b) substitute—

“(a) the Regional Board;

(aa) the Regional Agency;

(b) RBSO; or”.

(8) In Article 21 (indicative amounts for doctors' practices)—

(a) in paragraph (1) omit the words “in relation to which it is the relevant Health and Social Services Board”;

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) omit paragraphs (7) and (8A).

(9) In Article 23(1) (power to raise funds) for “Health and Social Services Boards” substitute “ the Regional Board, the Regional Agency, ”.

(10) In Article 24(2) (schemes for meeting losses and liabilities, etc.) for sub-paragraphs (a) and (b) substitute—

“(a) the Regional Board;

(aa) the Regional Agency;

(b) RBSO;”.

(11) In Article 32 (Director of Public Health) for paragraph (1) substitute—

“(1) The chief administrative medical officer of the Regional Agency shall be known as the Director of Public Health for Northern Ireland.

(1A) For any reference to the Director of Public Health of a Health and Social Services Board in—

(a) the statutory provisions mentioned in paragraph (2);

(b) any other statutory provision passed or made before the coming into operation of section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009,

there shall be substituted a reference to theDirector of Public Health for Northern Ireland.”.

(12) Omit Schedule 1 (health and social services councils).

(13) In Schedule 3 (health and social care trusts)—

(a) in paragraph 3 omit sub-paragraphs (1)(d), (2) and (3);

(b) omit paragraph 19;

(c) in paragraph 24 after sub-paragraph (1) insert—

“(1A) The Department must exercise it powers under sub-paragraph (1) so as to ensure that all the liabilities of the HSC trust are transferred.”.

Textual Amendments

F1 Sch. 6 para. 13(1) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 242(b); S.R. 2022/102, art. 2(b)

F2 Sch. 6 para. 13(8)(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. 242(b); S.R. 2022/102, art. 2(b)