3.—(1) Schedule 1 to the principal Order shall be amended in accordance with paragraphs (2) to (7).
(2) For paragraph 3 (constitution of Health and Social Services Board) there shall be substituted the following paragraph—
“3.—(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.”.
(3) For paragraph 4 (tenure of office) there shall be substituted the following paragraph—
“4.—(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.”.
(4) For paragraph 5 (resignation, removal or death of member) there shall be substituted the following paragraph—
“5.—(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.”.
(5) In paragraph 8(3) (committees) the words “, so however that a majority of the members of the committee shall be members of the Board” shall cease to have effect.
(6) For paragraph 13 (the seal) there shall be substituted the following paragraph—
“13. 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.”.
(7) After paragraph 14 there shall be added the following paragraph—
“15. 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.”.
(8) Any person who immediately before this Article comes into operation is a member of a Health and Social Services Board shall on its coming into operation cease to be such a member, but shall be eligible to become a member of the Board as constituted under Schedule 1 to the principal Order as amended by this Article.
4.—(1) The Department shall establish a council, to be known as a Health and Social Services Council, for the area of each Health and Social Services Board.
(2) Schedule 1 shall have effect in relation to Health and Social Services Councils.
(3) District committees established under Article 20 of the principal Order are hereby abolished.
5. In Article 55 of the principal Order (local representative committees) for paragraph (1) there shall be substituted the following paragraph—
“(1) Where—
(a)a Health and Social Services Board is satisfied as respects a committee formed for its area; or
(b)two or more Health and Social Services Boards are satisfied as respects a committee formed for an area which comprises the areas of those Boards, that the committee is representative—
(i)of the medical practitioners of that area, or
(ii)of the dental practitioners of that area, or
(iii)of the ophthalmic medical practitioners of that area, or
(iv)of the ophthalmic opticians of that area, or
(v)of the persons providing pharmaceutical services in that area, the Board or, as the case may be, the Boards may recognise that committee.”.
6. The Northern Ireland Health and Social Services TrainingCouncil established under Article 28 of the principal Order is hereby abolished.
7.—(1) Subject to the following provisions of this Article, on and after the day appointed for the coming into operation of this paragraph, no health and social services body shall be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and so far as concerns land in which the Department has an interest, at any time when—
(a)by virtue of directions under any provision of the principal Order, the Health and Medicines (Northern Ireland) Order 1988(1) or the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990(2) , powers of management with respect to the land are conferred on a health and social services body, or
(b)the land is otherwise used or occupied by a health and social services body, the interest of the Department shall be treated for the purposes of any statutory provision or rule of law relating to Crown land or interests as if it were an interest held otherwise than by the Department (or any other emanation of the Crown).
(2) In Schedule 2—
(a)Part I has effect to continue certain exemptions for health and social services bodies and property held, used or occupied by such bodies; and
(b)the transitional provisions in Part II have effect in connection with the operation of paragraph (1).
(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 health and social services body to benefits in the event of his redundancy, and
(b)he also has statutory rights against the health and social services body under Parts II to IV of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965(3) (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 Parts II to IV.
(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 1949(4) (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 1977(5) (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 shall continue to be regarded as included in that expression, whether the services are in fact provided by a health and social services body, an HSS 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.
(6) In this Article “health and social services body” means—
(a)a Health and Social Services Board;
(b)the Agency; and
(c)a special agency.