Health and Personal Social Services (Northern Ireland) Order 1972

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

   3. Art.3 rep. by SLR 1976

3. PART II MAIN FUNCTIONS OF THE MINISTRY

   1. 4. General duty of Ministry

   2. 5. Provision of accommodation and medical services, etc.

   3. 6. Provision of general health services

   4. 7. Prevention of illness, care and after-care

   5. 8. Care of mothers and young children

   6. 9. Medical and dental inspection, etc., of school children and young persons

   7. 10. Ancillary services

   8. 11. Vaccination and immunisation

   9. 12. Family planning

   10. 13. Educational and research facilities

   11. 14. Health education

   12. 14A. Arrangements for provision of health services by other bodies or persons

   13. 15. General social welfare

   14. Art. 15A. rep. by 2002 c.6(NI)

   15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   16. 15D. Primary medical services or personal dental services: regulations

   17. Art. 15E rep. by 2004 NI 2

   18. 15F. Right to choose dental practitioner

4. PART III HEALTH AND SOCIAL SERVICES BOARDS, ETC.

   1. 16. Establishment of Health and Social Services Boards

   2. 17. Functions of Health and Social Services Boards

   3. 18. Schemes

   4. 19. Joint committees

   5. Art. 20 rep. by 1991 NI 1

   6. 21. University Liaison Committees

5. PART IV CENTRAL BODIES

   1. Arts. 22, 23 rep. by 1986 NI 24

      1. Arts. 22, 23 rep. by 1986 NI 24

   2. Advisory committees

      1. 24. Central advisory committees

      2. 25. Other advisory committees

   3. The Agency

      1. 26. Northern Ireland Central Services Agency for the Health and Social Services

      2. 27. Functions of the Agency

   4. Arts. 28, 29 rep. by 1991 NI 1

      1. Arts. 28, 29 rep. by 1991 NI 1

6. PART V OTHER FUNCTIONS OF THE MINISTRY

   1. Provision of vehicles for persons suffering from physical defect or...

      1. 30. Provision of vehicles for persons suffering from physical defect or disability

      2. 31. Accommodation and services for private patients

      3. 33. Hospital accommodation made available on part payment

      4. 34. Cleanliness of school children

      5. Art. 35 rep. by 1992 NI 20

      6. 36. Provision of accommodation in premises maintained by voluntary organisations, etc.

      7. Art. 36A rep. by 2002 c. 5 (NI)

      8. 37. Removal to suitable premises of persons in need of care and attention

      9. 38. Protection for property of certain persons

      10. 39. Burial or cremation of the dead

      11. Art. 40 rep. by 1988 NI 23

      12. 41. Availability or provision of services, otherwise than for purposes of the Order

      13. 42. Provision of services to persons not ordinarily resident in Northern Ireland

      14. 43. Powers of Ministry to conduct or assist research

      15. 44. Provisions relating to training

      16. 45. Travelling expenses of patients, etc.

      17. 46. Provision of residential accommodation for officers

      18. 47. Loans to certain officers

      19. 48. Acquisition and disposal of land

      20. 49. Power to enter on lands

      21. 50. Power of inspection

      22. 51. Powers of Ministry where services are inadequate

      23. 52. Powers of Ministry in emergency

      24. 53. Default powers of Ministry

      25. Art. 54 rep. by 2005 c. 12

7. PART VI GENERAL HEALTH SERVICES

   1. Local representative committees

      1. 55. Recognition of Local Dental Committees, Local Optical Committees and Local Pharmaceutical Committees

      2. 55A. Functions of Local Dental Committees, Local Optical Committees and Local Pharmaceutical Committees

      3. 55B. Local Medical Committees

      4. 56. Primary medical services

   2. General medical services contracts

      1. 57. General medical services contracts: introductory

      2. 57A. Requirement to provide certain primary medical services

      3. 57B. Persons eligible to enter into general medical services contracts

      4. 57C. General medical services contracts: payments

      5. 57D. General medical services contracts: prescription of drugs, etc.

      6. 57E. General medical services contracts: other required terms

      7. 57F. General medical services contracts: disputes and enforcement

   3. Persons performing primary medical services

      1. 57G. Persons performing primary medical services

      2. 57H. Assistance and support

      3. Art 58 rep. by 1988 NI 24

      4. 59. Loans to general medical practitioners

      5. 60. Prohibition of sale of, and compensation for loss of right to sell, medical practices

   4. General Dental Services, General Ophthalmic Services and Pharmaceutical Services

      1. 61. Arrangements for general dental services

      2. 62. Arrangements for general ophthalmic services

      3. 63. Arrangements for pharmaceutical services

      4. 63A. Arrangements for providing additional pharmaceutical services

      5. 63B. Terms and conditions etc.

      6. 64. Persons authorised to provide pharmaceutical services

   5. Supplementary provisions

      1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 64C. Indemnity cover

      4. 65. Disqualification of persons providing certain services

      5. 66. Former dispensary property, etc.

8. PART VII CO-OPERATION WITH GOVERNMENT DEPARTMENTS, PUBLIC BODIES AND VOUNTARY ORGANISATIONS, ETC.

   1. 67. Co-operation between Health and Social Services Boards, district councils, etc.

   2. 68. Supply of goods and services to certain persons and bodies

   3. 69. Supply of goods and services between Health and Social Services Boards and district councils

   4. 70. Assistance to bodies providing certain housing accommodation, etc.

   5. 71. Arrangements with and assistance to voluntary organisations

9. both number and heading are missing in this part; creating...

   1. Arts. 72, 73 rep. by 1995 NI 2

10. PART IX DISSOLUTION OF CERTAIN BODIES, ETC.

    1. Art. 74 rep. by SLR 1980

    2. 75. Transfer of assets and liabilities

    3. 76. Supplementary and transitional provisions

    4. Arts. 77, 78 rep. by 1991 NI 1

11. PART X ENDOWMENTS AND OTHER TRUST PROPERTY, ETC.

    1. 79. Transfer of endowments, etc., held by management committees

    2. 80. Transfer of property held on trust by Northern Ireland Hospitals Authority

    3. 81. Transfer of certain property held by health and welfare authorities

    4. 82. Transfer of other property held on trust by health and welfare authorities

    5. 83. Power of trustees to make payments to Health and Social Services Boards

    6. 84. Power of Ministry in cases of difficulty

    7. 85. Power of the Health and Social Services Boards to accept property on trust

    8. 86. Certain property of voluntary organisations

12. PART XI FINANCIAL PROVISIONS

    1. 87. Expenses of the Health and Social Services Boards, the Agency and Staffs Council

    2. 88. Regulation of financial arrangements of certain bodies

    3. 89. Remuneration of members of bodies and certain other persons

    4. 90. Accounts and audit: health and personal social services bodies

    5. 91. Accounts of endowments and other property held on trust

    6. 92B. Studies for improving economy, etc. in services

    7. 93. Northern Ireland share of expenses of certain United Kingdom Councils, etc.

    8. 94. Expenses of the Ministry

13. PART XII MISCELLANEOUS AND GENERAL

    1. Miscellaneous

       1. 95. Exercise, in certain cases, of right of choice of person by whom services are to be provided

       2. 96. Preservation of associations of denominational hospitals

       3. 97. Protection for officer acting in execution of duty

       4. 98. Services free of charge

       5. 99. Charges in respect of accommodation provided by Department under Article 15

       6. 100. Liability to maintain spouse or civil partner and children

       7. 101. Recovery of cost of accommodation for persons in need

       8. 101A. Recovery of cost of accommodation where persons have disposed of assets

       9. Art. 102 rep. by 1995 NI 2

       10. 103. Failure to maintain

14. Administrative and Supplemental Art. 104 rep. by 1986 NI 24...

    1. Administrative and Supplemental

       1. Art. 104 rep. by 1986 NI 24

       2. 105. Arbitration

       3. 106. Miscellaneous administrative matters

       4. 107. Orders, regulations and directions

       5. 108. Amendment and repeal of local Acts and charters

       6. 109. Amendments, savings and repeals

15. SCHEDULES

    1. SCHEDULE 1

       THE HEALTH AND SOCIAL SERVICES BOARDS

       1. PART I THE CONSTITUTION OF THE HEALTH AND SOCIAL SERVICES BOARDS

          1. 1. A Health and Social Services Board shall be a body...

          2. 2. A Health and Social Services Board shall, notwithstanding that it...

          3. 3. (1) A Health and Social Services Board shall consist of—...

          4. 4. (1) The term of office of members of a Health...

          5. 5. (1) A member of a Health and Social Services Board...

          6. 6. The proceedings of a Health and Social Services Board or...

       2. PART II SUPPLEMENTARY PROVISIONS AS TO THE HEALTH AND SOCIAL SERVICES BOARDS

          1. Acquisition, etc., of land

             1. 7. Subject to Part X and paragraph 2( d) of Schedule...

          2. Committees

             1. 8. Sub‐para. (1) rep. by 1986 NI 24

          3. Sub-committees

             1. 9. (1) A Health and Social Services Board, or a committee...

          4. Procedure

             1. 10. Each Health and Social Services Board shall make standing orders...

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

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

          6. Officers

             1. 12. (1) The qualifications, remuneration and conditions of service of officers...

          7. The seal Execution of contracts and instruments not under seal

             1. 13. The seal of a Health and Social Services Board shall...

             2. 14. Any contract or instrument which, if entered into or executed...

             3. 15. Regulations may make provision (including provision modifying this Schedule) to...

    2. 1. Schedule 2 rep. by 1986 NI 24

    3. SCHEDULE 3

       THE NORTHERN IRELAND CENTRAL SERVICES AGENCY FOR THE HEALTH AND SOCIAL SERVICES

       1. PART I THE CONSTITUTION OF THE AGENCY

          1. 1. The Agency shall be a body corporate with perpetual succession...

          2. 2. The Agency shall, notwithstanding that it is exercising functions on...

          3. 3. (1) Subject to sub-paragraph (2), the Agency shall consist of...

          4. 4. The Ministry may, by regulations, make provision for—

          5. 5. The proceedings of the Agency or of any committee thereof...

       2. PART II SUPPLEMENTARY PROVISIONS AS TO THE AGENCY

          1. Acquisition, etc., of land

             1. 6. So much of section 19 of the Interpretation Act (Northern...

          2. Committees

             1. 7. (1) The Agency shall, subject to sub-paragraph (5), appoint such...

          3. Sub-committees

             1. 8. (1) The Agency, or a committee appointed by the Agency,...

          4. Procedure

             1. 9. The Agency shall make standing orders with regard to its...

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

             1. 10. Sections 28 to 33 and 146 of the Local Government...

          6. Officers

             1. 11. (1) The qualifications, remuneration and conditions of service of officers...

          7. The seal

             1. 12. The seal of the Agency shall be authenticated by the...

          8. Execution of contracts and instruments not under seal

             1. 13. Any contract or instrument which, if entered into or executed...

    4. 1. Schedule 4 rep. by 1991 NI 1

    5. 1. Schedule 5 rep. by 1992 NI 20

    6. SCHEDULE 6

       REMOVAL TO SUITABLE PREMISES OF PERSONS IN NEED OF CARE AND ATTENTION

       1. 1. Where an officer, being a social worker, of the responsible...

       2. 2. (1) Subject to sub-paragraph (2), on any such application the...

       3. 3. An order under paragraph 2 may be made so as...

       4. 4. An order under paragraph 2 may be varied by an...

       5. 5. At any time after the expiration of six weeks from...

       6. 6. An application under this Schedule shall not be entertained by...

       7. 7. A person in respect of whom an application is made...

       8. 8. Where the premises in which a person is maintained under...

       9. 9. Any expenditure incurred by the responsible authority under paragraph 8...

       10. 10. Any person who wilfully disobeys, or obstructs the execution of,...

       11. 11. In the exercise of its functions under this Schedule the...

       12. 12. In this Schedule— (a) “responsible authority” means—

    7. SCHEDULE 7

       MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 48

       1. 1. References to the Ministry or to the council shall be...

       2. 2. References to the said Schedule 6 shall be construed as...

       3. 3. Paragraph 1 shall be omitted.

       4. 4. In paragraph 2— (a) for the words from the beginning...

       5. 5. In paragraph 3(1)(ii) for the word “refuse” there shall be...

       6. 6. In paragraph 4 the words from “and may provide” to...

       7. 7. In paragraph 5— (a) in sub-paragraph (1)( a) the words...

       8. 8. In paragraph 6(2) for the words “fund out of which...

       9. 9. In paragraph 11(3) the words “in the prescribed form” shall...

       10. 10. In paragraph 12— (a) in sub-paragraph (1) the word “such”...

       11. 11. In paragraph 14(1) the words “in the prescribed form” shall...

       12. 12. In paragraph 15(1) for the words “in the prescribed form”...

       13. 13. Paragraph 19 shall be omitted.

       14. 14. In paragraph 20, sub-paragraph (2) shall be omitted.

    8. 1. Schedule 8 rep. by 2005 c. 12

    9. SCHEDULE 9

       PROVISION FOR MAKING LOANS TO GENERAL MEDICAL PRACTITIONERS

       1. 1. The Ministry, with the approval of the Ministry of Finance,...

       2. 2. Without prejudice to the generality of paragraph 1, an order...

       3. 3. An order shall not be made under this Schedule unless...

       4. 4. Where it is shown to the satisfaction of the Ministry...

       5. 5. Where an order under this Schedule authorises the Ministry of...

    10. SCHEDULE 10

        PROHIBITION OF SALE OF MEDICAL PRACTICES

        1. Sale of medical practices

           1. (1) It is unlawful to sell the goodwill of the...

              1. 1. (1) It is unlawful to sell the goodwill of the...

           2. Prohibition, and certificate of Health and Social Services Board

              1. 2. (1) Any person who sells or buys the goodwill of...

           3. Certain transactions deemed sale of goodwill

              1. 3. (1) For the purposes of paragraphs 1 and 2, a...

           4. Carried-over goodwill

              1. 4. The fact that a person's medical practice was previously carried...

    11. SCHEDULE 11

        DISQUALIFICATION OF PERSONS PROVIDING PART VI SERVICES

        1. PART I THE TRIBUNAL

           1. The Tribunal: general provisions

              1. 1. (1) There shall continue to be a tribunal ( “the...

           2. The Tribunal: supplementary

              1. 2. (1) Where an ophthalmic optician is a body corporate, the...

           3. Powers of the Tribunal

              1. 3. (1) Sub-paragraph (2) applies where the Tribunal is of the...

           4. Conditional disqualification

              1. 4. (1) The functions of making disqualifications under paragraph 3 include...

           5. Review etc. of disqualification

              1. 5. (1) The Tribunal may review any disqualification, conditional disqualification or...

           6. Appeals

              1. 6. Any person aggrieved by any determination of the Tribunal under...

           7. Disqualification provisions in Scotland or England and Wales

              1. 7. (1) Where, under any provision in force in Scotland or...

           8. Regulations

              1. 8. (1) Regulations shall make provision— (a) for inquiries under this...

           9. Applications for interim suspension

              1. 9. (1) A Health and Social Services Board which has made...

           10. Suspension pending appeal

               1. 10. (1) Where, on disposing of a case under paragraph 3,...

           11. Paragraphs 9 and 10: procedure

               1. 11. (1) Before making a direction under paragraph 9(3) or 10(1)...

           12. Suspension provisions in Scotland or England and Wales

               1. 12. (1) This paragraph applies where, under any provisions in force...

           13. Payments in consequence of suspension

               1. 13. (1) Regulations may provide for the making to persons to...

           14. Removal of persons from list

               1. 14. Where any of the services mentioned in paragraph 1(8)(a) to...

        2. PART II CONSTITUTION OF THE TRIBUNAL

           1. Membership

              1. 15. The Tribunal shall consist of— (a) a chairman appointed by...

           2. Chairman and deputy chairman

              1. 16. A person appointed as the chairman or a deputy chairman...

           3. Other members of the Tribunal

              1. 17. (1) Any appointment for the purposes of paragraph 15(c) shall...

           4. Functions of the Tribunal

              1. 18. (1) The functions of the Tribunal shall be exercised by...

           5. Regulations

              1. 19. Regulations may provide for the appointment, tenure of office and...

    12. SCHEDULE 12

        FORMER DISPENSARY PROPERTY, ETC.

        1. 1. Where a medical practitioner was in occupation of any dispensary...

        2. 2. Notwithstanding anything in any transferred provision, or in any conveyance,...

        3. 3. Where the Ministry is satisfied that any property to which...

        4. 4. The Ministry shall, before disposing of any such property, notify...

        5. 5. If the district council which has been notified pursuant to...

        6. 6. A district council to which the interests, rights or liabilities...

        7. 7. Where, under paragraph 3 or 6, any property is disposed...

        8. 8. Any district council by which any money is received under...

    13. SCHEDULE 13

        INCIDENTAL, CONSEQUENTIAL, TRANSITIONAL AND SUPPLEMENTARY PROVISIONS

        1. 1. An order under Article 76(1) may include provision—

        2. 2. Where an order makes provision as mentioned in paragraph 1(...

    14. SCHEDULE 14

        ENDOWMENTS OF CERTAIN HOSPITALS

        1. 1. Any endowment to which this Schedule applies shall, notwithstanding anything...

        2. 2. Where the Health and Social Services Board is satisfied that...

    15. SCHEDULE 15

        CHARGES IN RESPECT OF CERTAIN SERVICES, AND OTHER RELATED MATTERS

        1. Regulations made with the approval of the Ministry of Finance...

           1. 1. Regulations made with the approval of the Ministry of Finance...

           2. 1A. (1) Subject to the following provisions of this paragraph, regulations...

           4. 1B. (1) Descriptions of persons may be prescribed for the purposes...

           5. 2. Regulations made under paragraph 1 may provide that sums which...

           6. 2A. (1) The Department shall by regulations provide for payments to...

           7. 3. Subject to paragraph 4, any charges under this Order shall,...

           8. 4. Any person entitled to recover charges under this Order may,...

           9. 5. (1) Where goods or services are provided under this Order...

           10. 6. (1) Regulations may provide that, where a person fails to...

           11. 7. (1) A person is guilty of an offence if he...

           12. 9. Without prejudice to any other provision of this Schedule, it...

           13. 10. Nothing in Article 98(1) shall operate to restrict the making...

    16. 1. Schedule 16—Amendments

    17. SCHEDULE 17

        SAVING, TEMPORARY AND TRANSITIONAL PROVISIONS

        1. Exempted hospitals (1) The repeal by this Order of paragraph 2(1) of...

           1. Exempted hospitals

              1. 1. (1) The repeal by this Order of paragraph 2(1) of...

           2. Recovery of certain loans

              1. 2. The repeal by this Order of paragraph 2 of Schedule...

           3. Saving for allowances, pensions, gratuities and compensation

              1. 3. The repeal of any enactment by this Order or by...

           4. Special provisions as to certain property

              1. 4. The Belfast City Council may exercise the power conferred on...

           5. Temporary provision as to compensation

              1. 5. (1) Where— (a) in accordance with any enactment mentioned in...

              2. Para. 6 rep. by 1978 NI 15

           6. Saving for powers of Ministry of Development to dispose of former workhouse property

              1. 7. (1) The repeal of paragraph 1 of Schedule 3 to...

           7. Care of patients under Part III of Mental Health Act

              1. 8. Where immediately before [ 1st October, 1973] a hospital order...

              2. Para. 9. rep. by 1995 NI 2

           8. Saving for sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954

              1. 10. Nothing in this Order shall affect the provisions of sections...

    18. 1. Schedule 18—Repeals