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

PART II N.I. DUTIES, POWERS AND STATUS

[F1 Specific duties N.I.

6.— (1) An [F2 HSC trust] shall carry out effectively, efficiently and economically the functions for the time being conferred on it by an order under Article 10(1) and by the provisions of this Schedule.

[F3 (2) The Department may give directions of a general or specific nature to an HSC trust as to the carrying out by that trust of any of its functions.]

(3) The Department may give guidance to an HSC trust as to the carrying out by that trust of any of its functions.

(4) Any directions under sub-paragraph (2) with respect to—

(a) the power conferred on an HSC trust by paragraph 1 of Schedule 4, or

(b) the maximum amount which an HSC trust may invest in any investments or class of investments,

may be given only with the consent of the Department of Finance.

(5) The Department must consult the HSC trust concerned before giving any directions under sub-paragraph (2).

(6) Where the Department is of the opinion that because of the urgency of the matter it is necessary to give directions under sub-paragraph (2) without consulting the HSC trust concerned—

(a) sub-paragraph (5) does not apply; but

(b) the Department must as soon as reasonably practicable give notice to the HSC trust concerned of the grounds on which the Department formed that opinion.

(7) The Department must not give any direction or guidance under this paragraph that would be inconsistent with the framework document.

(8) An HSC trust must—

(a) comply with any directions given to it under sub-paragraph (2), and

(b) have regard to any guidance given to it under sub-paragraph (3).]

F1 2001 c. 3 (NI)

F2 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

F3 Sch. 3 para. 6(2)-(8) substituted for Sch. 3 para. 6(2) (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 148(3); S.R. 2022/102, art. 2(b)

[F4 6A— (1) An HSC trust must record such information with respect to the exercise of its functions as the Department may direct. N.I.

(2) The information must be recorded in such form, and retained for such period, as the Department may direct.]

F4 Sch. 3 para. 6A substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 148(4); S.R. 2022/102, art. 2(b)

[F5 6B.— (1) An HSC trust must submit to the Department a scheme for the exercise by the trust of its social care and children functions. N.I.

(2) The Department may approve a scheme submitted to it by an HSC trust under sub-paragraph (1), either without modifications or with such modifications as may be agreed with the trust.

(3) An HSC trust must give effect to any scheme approved by theDepartment under sub-paragraph (2).

(4) An HSC trust—

(a) may at any time, and

(b) must if so requested by the Department,

submit a new scheme under this paragraph to the Department; and sub-paragraphs (2) and (3) apply to any such new scheme as they apply to a scheme submitted under sub-paragraph (1).]

F5 Sch. 3 para. 6B inserted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 148(5); S.R. 2022/102, art. 2(b)

[F6 6C.— (1) The Department may by direction require an HSC trust to submit to the Department a scheme for the exercise by the trust on behalf of the Department of functions which are, or are proposed to become, exercisable by the trust by virtue of a delegation direction under Article 10B. N.I.

(2) The Department may approve a scheme submitted to it by an HSC trust under sub-paragraph (1), either without modifications or with such modifications as may be agreed with the trust.

(3) An HSC trust must give effect to any scheme approved by theDepartment under sub-paragraph (2).

(4) An HSC trust—

(a) may at any time, and

(b) must, if so requested by the Department

submit a new scheme under this paragraph to the Department; and sub-paragraphs (2) and (3) apply to any such new scheme as they apply to a scheme submitted under sub-paragraph (1).]

F6 Sch. 3 para. 6C inserted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 148(6); S.R. 2022/102, art. 2(b)

7.—(1) For each financial year an [F7 HSC trust] shall prepare and send to the Department an annual report in such form as may be determined by the Department. N.I.

(2) At such time or times as may be prescribed, an [F7 HSC trust] shall hold a public meeting at which its audited accounts and annual report shall be presented.

(3) In such circumstances and at such time or times as may be prescribed, an [F7 HSC trust] shall hold a public meeting at which such documents as may be prescribed shall be presented.

F7 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

8.  An [F8 HSC trust] shall furnish to the Department such reports, returns and other information, including information as to its forward planning, as, and in such form as, the Department may require. N.I.

F8 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

9.—(1) An [F9 HSC trust] shall be liable to pay— N.I.

(a) to the chairman and any non-executive director of the trust remuneration of an amount determined by the Department, not exceeding such amount as may be approved by the Department of Finance and Personnel;

(b) to the chairman and any non-executive director of the trust such travelling and other allowances as may be determined by the Department with the approval of the Department of Finance and Personnel;

(c) to any member of a committee or sub-committee of the trust who is not also a director such travelling and other allowances as may be so determined.

(2) If an [F9 HSC trust] so determines in the case of a person who is or has been a chairman of the trust, the trust shall be liable to pay such pension, allowances or gratuities to or in respect of him as may be determined by the Department with the approval of the Department of Finance and Personnel.

(3) Different determinations may be made under sub-paragraph (1) or sub-paragraph (2) in relation to different cases or descriptions of cases.

F9 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

Specific powers N.I.

10.  In addition to carrying out its other functions, an [F10 HSC trust] may enter into [F11 HSC contracts].

F10 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

F11 Words in Order substituted (1.4.2009) by virtue of Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(e) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

11.  An [F12 HSC trust] may undertake and commission research and make available staff and provide facilities for research by other persons. N.I.

F12 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

12.  An [F13 HSC trust] may— N.I.

(a) provide training for persons employed or likely to be employed by the trust or otherwise in the provision of services under the principal Order; and

(b) make facilities and staff available in connection with training by a university or any other body providing training in connection with the health and [F14 social care].

F13 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

F14 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(a) (with Sch. 6 para. 1(2)(3)); S.R. 2009/114, art. 2

13.  An [F15 HSC trust] may enter into arrangements for the carrying out, on such terms as seem to the trust to be appropriate, of any of its functions [F16 (other than social care and children functions and functions exercisable on behalf of the Department by virtue of a delegation direction under Article 10B(1))] jointly with any relevant body, with another [F15 HSC trust] or with any other body or individual. N.I.

F15 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

F16 Words in Sch. 3 para. 13 substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 148(7); S.R. 2022/102, art. 2(b)

14.  According to the nature of its functions, an [F17 HSC trust] may make accommodation or services or both available for persons who give undertakings (or for whom undertakings are given) to pay, in respect of the accommodation or services (or both), such charges as the trust may determine. N.I.

F17 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

15.  For the purpose of making additional income available in order better to perform its functions, an [F18 HSC trust] shall have the powers specified in Article 3(2) of the Health and Medicines (Northern Ireland) Order 1988F19 (extension of powers of the Department for financing [F20 health care]). N.I.

F18 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

F19 1988 NI 24

F20 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(b) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

General powers N.I.

16.— [F21 (1)] Subject to Schedule 4, an [F22 HSC trust] shall have power to do anything which appears to it to be necessary or expedient for the purpose of or in connection with the discharge of its functions, including in particular power—

(a) to acquire and dispose of land and other property;

(b) to enter into such contracts as seem to the trust to be appropriate;

(c) to accept gifts of money, land or other property, including money, land or other property to be held on trust for the general or any specific purposes of the [F22 HSC trust] (including the purposes of any specific hospital or other establishment or facility[F21 at or from which services are provided] by the trust);

Sub.‐para. (d) rep. by 2001 c. 3 (NI)

[F21 (2) An [F22 HSC trust] may employ such staff at it thinks fit.

(3) Subject to any directions given by the Department under paragraph 6, an [F22 HSC trust] may—

(a) pay its staff such remuneration and allowances; and

(b) employ them on such other terms and conditions,

as it thinks fit.]

F21 2001 c. 3 (NI)

F22 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

17.—(1) Without prejudice to the generality of paragraph 16, to or in respect of such of its employees as it may determine, an [F23 HSC trust] may make such arrangements for providing pensions, allowances or gratuities as it may determine; and such arrangements may include the establishment and administration, by the trust or otherwise, of one or more pension schemes. N.I.

(2) The reference in sub-paragraph (1) to pensions, allowances or gratuities to or in respect of employees of an [F23 HSC trust] includes a reference to pensions, allowances or gratuities by way of compensation to or in respect ofany of the trust's employees who suffer loss of office or employment or loss or diminution of emoluments.

F23 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

Status N.I.

18.  An [F24 HSC trust] shall not be regarded as the servant or agent of the Crown or, except as provided by this Order or the Health and Personal Social Services (Northern Ireland Consequential Amendments) Order 1991F25 , as enjoying any status, immunity or privilege of the Crown; and an [F26 HSC trust's] property shall not be regarded as property of, or property held on behalf of, the Crown.

F24 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

F25 SI 1991/195

F26 Words in Order substituted (1.4.2009) by virtue of Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2