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

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Removal of Crown immunitiesN.I.

7.—(1) F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In Schedule 2—

(a)Part I has effect to continue certain exemptions for [F2health and social care body to which this Article applies] and property held, used or occupied by such bodies; F3. . .

(b)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where, as a result of the provisions of paragraph (1), by virtue of his employment during any period after the day appointed for the coming into operation of that paragraph—

(a)an employee has contractual rights against a [F4health and social care body to which this Article applies] to benefits in the event of his redundancy, and

(b)he also has statutory rights against the [F4health and social care body to which this Article applies] under[F5 Part XII of the Employment Rights (Northern Ireland) Order 1996] (redundancy payments),

any benefits provided to him by virtue of the contractual rights referred to in sub-paragraph (a) shall be taken as satisfying his entitlement to benefits under the said[F5 Part].

(4) Nothing in paragraph (1) affects the extent of the expression “the services of the Crown” where it appears in—

(a)Schedule 1 to the Registered Designs Act 1949F6 (provisions as to the use of registered designs for the services of the Crown etc.); and

(b)sections 55 to 59 of the Patents Act 1977F7 (use of patented inventions for services of the Crown);

and, accordingly, services provided in pursuance of any power or duty of the Department under Part II or V of the principal Order [F8or the 2009 Act] shall continue to be regarded as included in that expression, whether the services are in fact provided by a [F9health and social care body to which this Article applies], an [F10HSC trust] or any other person.

(5) The Department may by order made subject to affirmative resolution provide that, in relation to any provision contained in a local Act and specified in the order, the operation of paragraph (1) shall be excluded or modified to the extent specified in the order.

[F11(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.]

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