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

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SCHEDULES

F1F1SCHEDULE 1N.I.

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Article 7(2).

SCHEDULE 2N.I.PROVISIONS ARISING OUT OF REMOVAL OF CROWN IMMUNITIES FROM HEALTH AND [F3SOCIAL CARE] BODIES

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N.I.

Part I—Amendments

F4F4PART IIN.I.TRANSITIONAL PROVISIONS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Article 10.

SCHEDULE 3N.I.[F5HEALTH AND SOCIAL CARE TRUSTS]

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PART IN.I.ORDERS UNDER ARTICLE 10(1)

1.  Any reference in this Part to an order is a reference to an order under Article 10(1) establishing an [F6HSC trust] or any subsequent order under that provision amending or revoking a previous order.N.I.

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2.  The provisions made by an order shall be in conformity with any general provision made by regulations under Article 10(6).N.I.

3.—(1) Without prejudice to any amendment made by a subsequent order, the first order to be made in relation to any [F7HSC trust] shall specify—N.I.

(a)the name of the trust;

(b)the functions of the trust;

(c)the number of executive directors and non-executive directors;

(d)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the operational date of the trust, that is to say, the date on which the trust is to begin to undertake the whole of the functions conferred on it; and

(f)if a scheme is to be made under Article 11, the relevant body which is to make the scheme.

(2) F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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[F113A.  An order made in relation to an [F12HSC trust] shall, if the trust is to exercise functions on behalf of a Health and Social Services Board by virtue of an authorisation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994, specify the operational area of the trust, that is to say, the area in relation to which those functions are to be exercisable.]N.I.

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4.—(1) An order may require a relevant body to make staff, premises and other facilities available to an [F13HSC trust] pending the transfer or appointment of staff to or by the trust and the transfer of premises or other facilities to the trust.N.I.

(2) An order making provision under this paragraph may make provision with respect to the time when the relevant body's functions under the provision are to come to an end.

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5.—(1) An order may provide for the establishment of an [F14HSC trust] with effect from a date earlier than the operational date of the trust and, during the period between that earlier date and the operational date, the trust shall have such limited functions for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date as may be specified in the order.N.I.

(2) If an order makes the provision referred to in sub-paragraph (1), then, at any time during the period referred to in that sub-paragraph, the [F14HSC trust] shall be regarded as properly constituted (and may carry out its limited functions accordingly) notwithstanding that, at that time, all or any of the executive directors have not yet been appointed.

(3) If an order makes the provision referred to in sub-paragraph (1), the order may require a relevant body to discharge such liabilities of the [F14HSC trust] as—

(a)may be incurred during the period referred to in that sub-paragraph; and

(b)are of a description specified in the order.

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PART IIN.I.DUTIES, POWERS AND STATUS

[F15Specific dutiesN.I.

6.(1) An [F16HSC 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.

(2) An [F16HSC trust] shall comply with any directions given to it by the Department about the exercise of the trust's functions.

(3) Any directions under this paragraph with respect to—

(a)the power conferred on an [F16HSC trust] by paragraph 1 of Schedule 4; or

(b)the maximum amount which an [F16HSC trust] may invest in any investments or class of investments,

may be given only with the consent of the Department of Finance and Personnel.]

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[F176A(1) An HSC trust shall record such information with respect to the exercise of its functions as the Regional Board may direct.N.I.

(2) Information shall be recorded in such form, and retained for such period, as the Regional Board may direct.

(3) An HSC trust shall furnish to the Regional Board such reports, returns and other information as the Regional Board may require.

(4) In sub-paragraph (3) the reference to reports, returns and other information includes any report, return or other information that an HSC trust is required to provide to the Department under paragraph 7 or 8.]

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7.—(1) For each financial year an [F18HSC 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 [F18HSC 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 [F18HSC trust] shall hold a public meeting at which such documents as may be prescribed shall be presented.

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8.  An [F19HSC 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.

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9.—(1) An [F20HSC 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 [F20HSC 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.

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Specific powersN.I.

10.  In addition to carrying out its other functions, an [F21HSC trust] may enter into [F22HSC contracts].

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11.  An [F23HSC trust] may undertake and commission research and make available staff and provide facilities for research by other persons.N.I.

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12.  An [F24HSC 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 [F25social care].

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13.  An [F26HSC 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[F27 (other than functions exercisable on behalf of a Health and Social Services Board by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994)] jointly with any relevant body, with another [F26HSC trust] or with any other body or individual.N.I.

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14.  According to the nature of its functions, an [F28HSC 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.

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15.  For the purpose of making additional income available in order better to perform its functions, an [F29HSC trust] shall have the powers specified in Article 3(2) of the Health and Medicines (Northern Ireland) Order 1988F30 (extension of powers of the Department for financing [F31health care]).N.I.

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General powersN.I.

16.[F32(1)] Subject to Schedule 4, an [F33HSC 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 [F33HSC trust] (including the purposes of any specific hospital or other establishment or facility[F32 at or from which services are provided] by the trust);

Sub.‐para. (d) rep. by 2001 c. 3 (NI)

[F32(2) An [F33HSC trust] may employ such staff at it thinks fit.

(3) Subject to any directions given by the Department under paragraph 6, an [F33HSC trust] may—

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

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

as it thinks fit.]

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17.—(1) Without prejudice to the generality of paragraph 16, to or in respect of such of its employees as it may determine, an [F34HSC 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 [F34HSC 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.

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StatusN.I.

18.  An [F35HSC 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 1991F36 , as enjoying any status, immunity or privilege of the Crown; and an [F37HSC trust's] property shall not be regarded as property of, or property held on behalf of, the Crown.

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F36SI 1991/195

PART IIIN.I.SUPPLEMENTARY PROVISIONS

Re-imbursement for health and personal social services work carried out otherwise than under HSS contractN.I.

19.  F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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20.  In any case where an [F39HSC trust] provides goods or services for the benefit of an individual and—N.I.

(a)the provision of those goods or services is not pursuant to an [F40HSC contract], and

(b)the individual is resident outside the United Kingdom and is of a description (being a description associating the individual with another country) specified for the purposes of this paragraph by a direction made by the Department,

the trust shall be remunerated by the Department in respect of the provision of the goods or services in question at such rate or rates as the Department considers appropriate.

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Compulsory acquisitionN.I.

21.—(1) An [F41HSC trust] may, for the purposes of its functions, acquire land compulsorily.

(2) Where an [F41HSC trust] desires to acquire land compulsorily it may apply to the Department for an order (in this paragraph referred to as a “vesting order”) vesting the land in the [F41HSC trust] and the Department may make a vesting order.

(3) Schedule 6 to the Local Government (Northern Ireland) Act 1972F42 shall, subject to the modifications specified in sub-paragraph (6), apply for the purposes of the acquisition of land by means of a vesting order made under this paragraph in the same manner as it applies to the acquisition of land by means of a vesting order made under that Act.

(4) The power to make a vesting order under this paragraph in respect of land—

(a)which is the property of any public body which has power under any transferred provision to acquire land compulsorily; or

(b)which is declared by or under any transferred provision to be inalienable;

shall not, where representations objecting to the proposal for making the order have been duly made by the owner of the land and have not been withdrawn, be exercised in relation to that land unless the proposal has been approved by a resolution of the Assembly.

(5) Nothing in this paragraph shall authorise the acquisition, without the consent of the Department of the Environment, of any land on or in which there is to the knowledge of the Department any historic monument or archaeological object within the meaning of the Historic Monuments Act (Northern Ireland) 1971F43.

(6) The modifications of Schedule 6 to the Local Government (Northern Ireland) Act 1972F44 referred to in sub-paragraph (3) are the following—

(a)for any reference to a council or the council or the clerk of the council there shall be substituted a reference to an [F41HSC trust] or the [F41HSC trust] or the chief officer of the [F41HSC trust] respectively;

(b)for any reference to the Ministry concerned there shall be substituted a reference to the Department;

(c)for any reference to that Act there shall be substituted a reference to this Order;

(d)any references to that Schedule shall be construed as references to that Schedule as modified by this sub-paragraph;

(e)for any reference to a matter prescribed by regulations made by the Department of the Environment there shall be substituted a reference to a matter prescribed by regulations made by the Department of Health and Social Services;

(f)in paragraphs 2(c) and 5(2) for the words “as may be prescribed” there shall be substituted the words “ as appear to the [F41HSC trust] to have an interest in the matter ”;

(g)paragraph 19 shall be omitted.

(7) Where an [F41HSC trust] proposes to acquire land compulsorily under this paragraph, a person authorised in writing by the [F41HSC trust] may, on production if required of his credentials, at any reasonable time enter that land for the purpose of survey, valuation or examination.

(8) Paragraphs (2) to (8) of Article 49 of the principal Order shall apply in relation to the exercise of the power conferred by sub-paragraph (7) as it applies to the exercise of the power conferred by paragraph (1) of that Article; and in those paragraphs as so applied—

(a)any reference to an authorised person shall be construed as a reference to a person authorised under sub-paragraph (7); and

(b)any reference to the Department shall be construed as a reference to the [F41HSC trust].

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Instruments, etc.N.I.

22.  The fixing of the seal of an [F45HSC trust] shall be authenticated by the signature of the chairman or of some other person authorised either generally or specially by the trust for that purpose and of one other director.

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PART IVN.I.DISSOLUTION

23.—(1) The Department may by order dissolve an [F46HSC trust].N.I.

(2) An order under this paragraph may be made—

(a)on the application of the [F46HSC trust] concerned; or

(b)if the Department considers it appropriate in the interests of the health and [F47social care].

(3) Except where it appears to the Department necessary to make an order under this paragraph as a matter of urgency, no such order shall be made until after the completion of such consultation as may be prescribed.

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24.—(1) If an [F48HSC trust] is dissolved under this Part, the Department may by order transfer or provide for the transfer to—N.I.

(a)the Department,

(b)a relevant body,

(c)another [F48HSC trust],

of such of the property, rights and liabilities of the [F48HSC trust] which is dissolved as in the Department's opinion is appropriate; and any such order may include provisions corresponding to those of Article 13.

[F49(1A) The Department must exercise it powers under sub-paragraph (1) so as to ensure that all the liabilities of the HSC trust are transferred.]

(2) An order under this paragraph may make provision in connection with the transfer of staff employed by or for the purposes of the [F48HSC trust] which is dissolved; and such an order may include provisions corresponding to those of Articles 11 and 12 including provision for the making of a scheme by such relevant body or other body as may be specified in the order.

(3) No order shall be made under this paragraph until after the completion of such consultation as may be prescribed.

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25.  Without prejudice to the generality of paragraph 24, if an [F50HSC trust] is dissolved under this Part, the Department or such other [F50HSC trust] or relevant body as the Department may direct shall undertake the responsibility for the continued payment of any such pension, allowances or gratuities as, by virtue of paragraph 9(2) or paragraph 17, would otherwise have been the responsibility of the trust which has been dissolved.N.I.

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26.  An [F51HSC trust] may not be dissolved or wound up except in accordance with this Part.N.I.

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Article 14(9).

SCHEDULE 4N.I.FINANCIAL PROVISIONS RELATING TO [F52HSC TRUSTS]

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BorrowingN.I.

1.—(1) Subject to[F53 any direction given by the Department under paragraph 6 of Schedule 3, to] the provisions of this paragraph and to any limit imposed under the following provisions of this Schedule, for the purpose of its functions an [F54HSC trust] may borrow (both temporarily, by way of overdraft, and longer term) from the Department or from any other person.

(2) An [F54HSC trust] may not mortgage or charge any of its assets or in any other way use any of its assets as security for a loan.

[F53(3) It shall be for the Department, with the consent of the Department of Finance and Personnel, to determine the terms of any loan made by it to an [F54HSC trust] (including terms as to the payment of interest, if any).]

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Guarantees of borrowingN.I.

2.—(1) The Department may guarantee, in such manner and on such conditions as, with the approval of the Department of Finance and Personnel, it considers appropriate, the repayments of the principal of and the payment of interest on any sums which an [F55HSC trust] borrows from a person other than the Department.

(2) Immediately after a guarantee is given under this paragraph, the Department shall lay a statement of the guarantee before the Assembly.

(3) Where any sum is issued for fulfilling a guarantee so given, the Department shall lay before the Assembly a statement relating to that sum as soon as possible after the end of each financial year beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged.

(4) If any sums are issued in fulfilment of a guarantee given under this paragraph, the [F55HSC trust] concerned shall make to the Department, at such times and in such manner as the Department may from time to time direct,—

(a)payments of such amounts as the Department with the consent of the Department of Finance and Personnel so directs in or towards repayment of the sums so issued; and

(b)payments of interest, at such rates as the Department with the consent of the Department of Finance and Personnel so directs, on what is outstanding for the time being in respect of sums so issued.

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Limits on indebtednessN.I.

3.—(1) The aggregate of all sums borrowed by [F56HSC trusts] established under this Order shall not exceed £150 million or such other sum not exceeding £300 million as may be specified by order made subject to negative resolution by the Department with the consent of the Department of Finance and Personnel.

Sub.‐para. (2) rep. by 2001 c. 3 (NI)

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Additional public dividend capitalN.I.

4.—(1) If the Department, with the consent of the Department of Finance and Personnel, considers it appropriate to do so, it may, instead of making a loan to an [F57HSC trust] under paragraph 1, pay an amount to the trust as public dividend capital.

Sub.‐para. (2) rep. by 2001 c. 3 (NI)

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Surplus fundsN.I.

5.  If it appears to the Department that any[F58 sum held by an [F59HSC trust] otherwise than as trustee] is surplus to its foreseeable requirements, the trust shall, if the Department with the approval of the Department of Finance and Personnel and after consultation with the trust so directs, pay[F58 that sum] into the Consolidated Fund.

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[F60InvestmentN.I.

6.  An [F61HSC trust] shall have power to invest money held by it in any investments, including investments which do not produce income, specified in directions under paragraph 6 of Schedule 3, but nothing in this paragraph applies in relation to money held by an [F61HSC trust] as trustee.]

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N.I.

Schedule 5—Amendments

N.I.

Schedule 6—Repeals

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