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The Health and Personal Social Services (Northern Ireland) Order 1991

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[F1Health and Social Care trusts]N.I.

10.[F2(1) Subject to paragraph (2), the Department may by order establish bodies, to be known as [F1Health and Social Care trusts] (in this Order referred to as [F3HSC trusts])—

(a)to provide goods and services for the purposes of the health and [F4social care]; or

(b)to exercise, on behalf of Health and Social Services Boards, such functions as are so exercisable by virtue of authorisations for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994.

[F5(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.]]

(3) In this Article, Articles 11 to 13 and Schedule 3 “a relevant body” means—

[F6(a)the Regional Board;

(aa)the Regional Agency;

(b)RBSO; or]

(c)a special agency.

(4) Every [F7HSC trust]

(a)shall be a body corporate having a board of directors consisting of a chairman appointed by the Department and, subject to paragraph 5(2) of Schedule 3, executive and non-executive directors (that is to say, directors who, subject to paragraph (6), respectively are and are not employees of the trust);

(b)shall have the functions conferred on it by an order under paragraph (1) and by Schedule 3; and

(c)shall be a body to which section 19 of the Interpretation Act (Northern Ireland) 1954F8 applies.

[F2(5) The functions which may be specified in an order under paragraph (1) include a duty to provide goods or services so specified at or from a hospital or other establishment or facility so specified.]

[F9(5A) The functions of an [F7HSC trust] also include power to provide services in accordance with arrangements made under Article 15B of the principal Order, and to do so as a member of a qualifying body (within the meaning of Article 15C of that Order).]

(6) The Department may by regulations make general provision with respect to—

(a)the qualifications for and the tenure of office of the chairman and directors of an [F7HSC trust] (including the circumstances in which they shall cease to hold, or may be removed from, office or may be suspended from performing the functions of the office);

(b)the persons by whom the directors and any of the officers are to be appointed and the manner of their appointment;

(c)the maximum and minimum numbers of the directors;

(d)the circumstances in which a person who is not an employee of the trust is nevertheless, on appointment as a director, to be regarded as an executive rather than a non-executive director;

(e)the proceedings of the trust (including the validation of proceedings in the event of a vacancy or defect in appointment); and

(f)the appointment, constitution and exercise of functions by committees and sub-committees of the trust (whether or not consisting of or including any members of the board);

and, without prejudice to the generality of the power, any such regulations may make provision to deal with cases where the post of any officer of an [F7HSC trust] 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.

(7) Part I of Schedule 3 shall have effect with respect to orders under paragraph (1); Part II of that Schedule shall have effect, subject to paragraph (8), with respect to the general duties and the powers and status of [F3HSC trusts]; the supplementary provisions of Part III of that Schedule shall have effect; and Part IV of that Schedule shall have effect with respect to the dissolution of [F3HSC trusts].

[F2(8) A power conferred by paragraph 14 or 15 of Part II of Schedule 3 may only be exercised—

(a)to the extent that its exercise does not to any significant extent interfere with the performance by the [F7HSC trust] of its functions or of its obligations under [F10HSC contracts]; and

(b)in circumstances specified in directions under paragraph 6 of that Schedule, with the consent of the Department.]

(9) The Department may by order confer on [F3HSC trusts] specific powers additional to those contained in paragraphs 10 to 15 of Schedule 3.

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