Article 16(3).
1. A Health and Social Services Board shall be a body corporate with perpetual succession to which section 19 of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall apply.
2. A Health and Social Services Board shall, notwithstanding that it is exercising functions on behalf of the Ministry or the Ministry of Home AffairsF1, be entitled to enforce any rights acquired and shall be liable in respect of any liabilities incurred (including liabilities in tort) in the exercise of those functions in all respects as if it were acting as a principal, and all proceedings for the enforcement of such rights or liabilities shall be brought by or against the Health and Social Services Board in its own name.
F1functions transf. by SRO (NI) 1973/504
[F23.—(1) A Health and Social Services Board shall consist of—
(a)a chairman appointed by the Head of the Department;
(b)a prescribed number of persons appointed by the Head of the Department;
(c)the chief officer of the Board;
(d)such other officers as may be prescribed; and
(e)not more than a prescribed number of other officers of the Board appointed by the chairman and the members specified in heads (b) and (c).
(2) Except in so far as regulations otherwise provide, no person who is an officer of the Board may be appointed under sub-paragraph (1)(a) or (b).
(3) Subject to sub-paragraph (4), regulations may provide that all or any of the persons appointed under sub-paragraph (1)(b) must fulfil prescribed conditions or hold posts of a prescribed description.
(4) In the case of a prescribed Board, at least one of the persons appointed under sub-paragraph (1)(b) must hold a post in a university with a medical or dental school.]
[F34.—(1) The term of office of members of a Health and Social Services Board appointed under paragraph 3(1)(a), (b) or (e) shall be four years or such other period as may be determined by the Head of the Department at the time the appointments are made.
(2) A member of a Health and Social Services Board specified in paragraph 3(1)(c), (d) or (e) shall—
(a)if he ceases to hold the qualifying office, cease to be a member of the Board;
(b)if he is suspended from the qualifying office, be suspended from membership of the Board for so long as he remains suspended from that office.
(3) In sub-paragraph (2) “the qualifying office” in relation to a member of a Health and Social Services Board means the office under the Board which he held at the time he became a member of the Board.]
[F45.—(1) A member of a Health and Social Services Board appointed under paragraph 3(1)(a) or (b)—
(a)may resign his membership by serving notice on the Head of the Department;
(b)may be removed from office by the Head of the Department.
(2) A member of a Health and Social Services Board appointed under paragraph 3(1)(e) may be removed from office by the chairman and members specified in paragraph 3(1)(b) and (c).
(3) Where any member of a Health and Social Services Board—
(a)is absent from the meetings of the Board for more than six months consecutively, except for an approved reason;
(b)has been adjudged bankrupt or has made a composition or arrangement with his creditors; or
(c)is convicted of an indictable offence,
the Board shall forthwith, by resolution, declare the office to be vacant and shall notify that fact in such manner as it thinks fit, and thereupon the office shall become vacant.
(4) In sub-paragraph (3)(a) “approved reason” means a reason approved—
(a)in the case of members appointed under paragraph 3(1)(e), by the chairman and the members specified in paragraph 3(1)(b) and (c);
(b)in the case of any other member, by the Department.
(5) Where the place of a member specified in paragraph 3(1)(a), (b) or (e) becomes vacant before the expiration of his term of office whether by death, resignation or otherwise, the vacancy shall be filled by appointment—
(a)in the case of a member specified in paragraph 3(1)(a) or (b), by the Head of the Department;
(b)in the case of a member specified in paragraph 3(1)(e), by the chairman and the members specified in paragraph 3(1)(b) and (c);
and any person so appointed shall hold office for the remainder of the term of office of the former member.]
6. The proceedings of a Health and Social Services Board or of any committee thereof shall not be invalidated by any vacancy in the membership of the Board or committee or by any defect in the appointment of any of its members.
7. Subject to Part X and paragraph 2( d) of Schedule 9, so much of section 19 of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] as relates to the acquisition of land shall not apply to a Health and Social Services Board and any power conferred by that section to acquire movable property shall be exercised on behalf of the Ministry.
8. Sub‐para. (1) rep. by 1986 NI 24
(2) F5. . . F6. . . , a Health and Social Services Board may, subject to sub-paragraph (5), appoint one or more committees to which it may delegate such of its functions as it thinks fit.
(3) A committee appointed under this paragraph may include persons who are not members of the Health and Social Services BoardF5. . . .
(4) Every member of a committee appointed under this paragraph, who, at the time of his appointment, was a member of the Health and Social Services Board shall, if he ceases to be a member of the Board, also cease to be a member of the committee.
(5) The Ministry may, by regulations or directions, make provision with respect to the appointment, constitution or functions of committees appointed under this paragraph.
Modifications etc. (not altering text)
C1Sch. 1 para. 8 applied (with modifications) (1.2.2007) by Health and Personal Social Services (Joint Committee for Commissioning) Order (Northern Ireland) 2007 (S.R. 2007/14), art. 7
9.—(1) A Health and Social Services Board, or a committee appointed by such a Board, may, subject to sub-paragraph (3), appoint a sub-committee to consider and report to the Board or, as the case may be, the committee, upon any matter within the competence of that Board or committee.
(2) A sub-committee appointed under sub-paragraph (1) may include persons who are not members of the Board or committee which appoints the sub-committee.
(3) The Ministry may, by regulations or directions, make provision with respect to the appointment, constitution or functions of sub-committees appointed under sub-paragraph (1).
10. Each Health and Social Services Board 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 Ministry.
Modifications etc. (not altering text)
C2Sch. 1 para. 10 applied (with modifications) (1.2.2007) by Health and Personal Social Services (Joint Committee for Commissioning) Order (Northern Ireland) 2007 (S.R. 2007/14), art. 7
11.—(1) Subject to sub-paragraph (2), sections 28 to 33 and 146 of the Local Government Act (Northern Ireland) 1972 [1972 c.9] and section 148 of that Act so far as it applies for the interpretation of those sections, shall apply to a Health and Social Services Board and to a committee and sub-committee thereof and to a member of such a Board, committee and sub-committee as if—
(a)in those sections any reference to a council were a reference to a Board or to a committee or sub-committee thereof, any reference to a councillor were a reference to a member of a Board or of a committee or sub-committee thereof, any reference to the clerk of the council were a reference to the chiefF7. . . officer of the Health and Social Services Board 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 Health and Social Services Board is a member of the Board he may vote upon any matter which touches the interests of officers of the Board 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.
12.—(1) The qualifications, remuneration and conditions of service of officers of a Health and Social Services Board shall be determined by the Ministry.
(2) Regulations may make provision with respect to—
(a)the method of appointment of officers of Health and Social Services Boards;
(b)the qualifications, remuneration and conditions of service of such officers of Health and Social Services Boards 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.
[F8(2A) Determinations or regulations under sub-paragraph (1) or (2) may provide for approvals or determinations to have effect from a date specified in them.
(2B) The date mentioned in sub-paragraph (2A) 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.
F9(2C) Where the registration of a dental practitioner in the dentists register is suspended—
(a)by an order under section 32 of the Dentists Act 1984 (interim suspension); or
(b)by a direction or an order of the Health Committee under that Act (health cases),
the suspension shall not terminate any contract of employment made between him and a Health and Social Services Board but a person whose registration is suspended under that Part of that Act shall not perform any duties under a contract made between him and a Health and Social Services Board which involves the practice of dentistry within the meaning of the Dentists Act 1984.]
(3) The appointment and removal from office of such officers of Health and Social Services Boards as may be prescribed shall be subject to the approval of the Ministry.
F9prosp. subst. by SI 2005/2011
[F1013. The seal of a Health and Social Services Board shall be authenticated by the signatures of—
(a)at least one member of the Board appointed under paragraph 3(1)(a) or (b); and
(b)the chief officer of the Board.]
14. Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of a Health and Social Services Board by any person generally or specifically authorised by that Board 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.
[F1115. Regulations may make provision (including provision modifying this Schedule) to deal with cases where the post of chief officer or any other officer of a Health and Social Services Board is held jointly by two or more persons or where the functions of such an officer are in any other way performed by more than one person.]