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

SCHEDULES

Article 4(2).

SCHEDULE 1 HEALTH AND SOCIAL SERVICES COUNCILS

1.  It is the duty of a Health and Social Services Council (in this Schedule referred to as a “Council”)—

(a) to represent the interests of the public in the health and personal social services in the Council’s area;

(b) to perform such other functions as may be conferred on it by virtue of paragraph 2.

2.  Regulations may make provision as to—

(a) the membership of Councils (including the appointment or election of a chairman of each Council);

(b) the proceedings of Councils;

(c) the appointment and proceedings of committees of Councils;

(d) the staff, premises and expenses of Councils;

(e) the consultation of Councils by Health and Social Services Boards, special agencies and HSS trusts with respect to such matters, and on such occasions, as may be prescribed;

(f) the furnishing of information to Councils by Health and Social Services Boards, special agencies and HSS trusts on such subjects and subject to such conditions as may be prescribed;

(g) the right of members of Councils to enter and inspect premises controlled by Health and Social Services Boards, special agencies and HSS trusts, subject to such conditions as may be prescribed;

(h) the consideration by Councils of matters relating to the operation of health and personal social services within their areas, and the giving of advice by Councils to Health and Social Services Boards and special agencies on such matters;

(i) the preparation and publication of reports by Councils on such matters, and the furnishing and publication by Health and Social Services Boards and special agencies of comments on the reports;

(j) the functions to be exercised by Councils in addition to the functions exercisable by them by virtue of paragraph 1(a) and the preceding provisions of this paragraph;

(k) the collaboration by Councils with each other in the exercise of their functions;

(l) such other matters in connection with Councils as the Department thinks fit.

3.  Regulations made under paragraph 2(a) shall provide for the members of Councils to be appointed by the Department and shall secure, as respects each Council, that—

(a) at least one member of the Council is so appointed on the nomination of each district council of which the area or part of it is included in the Council’s area;

(b) the other members of the Council are so appointed in such manner and after such consultation as may be prescribed.

4.  Nothing in paragraph 3 affects the validity of anything done by or in relation to a Council during any period during which, by reason of a vacancy in the membership of the Council or a defect in the appointment of a member of it, a requirement included in regulations in pursuance of that paragraph is not satisfied.

5.  References in this Schedule to the area of a Council are references to the area for which the Council is established.

Article 7(2).

SCHEDULE 2 PROVISIONS ARISING OUT OF REMOVAL OF CROWN IMMUNITIES FROM HEALTH AND SOCIAL SERVICES BODIES

PART I AMENDMENTS CONTINUING CERTAIN STATUTORY EXEMPTIONS

The Employers' Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (NI 6)

1.  In Article 7 (employers exempted from compulsory insurance) after paragraph (a) there shall be inserted the following paragraph—

“(aa) a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991; or”

The Road Traffic (Northern Ireland) Order 1981 (NI 1)

2.  In Article 90 (requirement of third-party insurance or security) after paragraph (2) there shall be inserted the following paragraph—

“(2A) This Article shall not apply to—

(a) a motor vehicle owned by a health and social services body, as defined in Article 7(6) of the Health and Personal Social Services (Northern Ireland) Order 1991; or

(b) an ambulance owned by a Health and Social Services trust established under that Order, at a time when the vehicle is being driven by a servant of the owner in the course of his employment, or is otherwise subject to the control of the owner.”.

The Copyright, Designs and Patents Act 1988 (c. 48)

3.  In section 48 (material communicated to the Crown in the course of public business) in subsection (6) after “1978” there shall be inserted “and also includes a health and social services body, as defined in Article 7(6) of the Health and Personal Social Services (Northern Ireland) Order 1991, and a Health and Social Services trust established under that Order”.

PART II TRANSITIONAL PROVISIONS

4.  In this Part—

“the appointed day” means the day appointed for the coming into operation of paragraph (1) of Article 7;

“health and social services body” has the same meaning as in that Article.

The Medicines Act 1968 (c. 67)

5.—(1) In any case where—

(a) before the appointed day, a health and social services body or an HSS trust has made an application for a licence under Part II of the Medicines Act 1968 or any such application as is referred to in section 36 of that Act (applications for clinical trial and animal test certificates), and

(b) the application was accompanied by a declaration under head (a) or head (b) of sub-paragraph (2), and

(c) the application has not been determined before the appointed day, then, on and after the appointed day and until the application is determined, the health and social services body or HSS trust concerned shall be treated for all purposes as if it held a licence or, as the case may be, a certificate of the description applied for.

(2) The declarations referred to in sub-paragraph (1)(b) are,—

(a) in the case of a health and social services body, that, at the date of the application, the body was carrying on activities which, after the appointed day, it would be unlawful to carry on except in accordance with a licence or certificate of the description applied for; and

(b) in the case of an HSS trust, that the trust has been established to assume responsibility for the ownership and management of a hospital or other establishment or facility and, at the date of the application, a health and social services body was carrying on at that hospital, establishment or facility activities which it is unlawful for the HSS trust to carry on except in accordance with a licence or certificate of the description applied for.

(3) For the purposes of sub-paragraph (1), an application is determined when the licensing authority—

(a) grant a licence or, as the case may be, certificate to the applicant (whether or not in accordance with the application); or

(b) notify the applicant of their refusal to grant a licence or certificate on the application.

(4) Expressions used in sub-paragraphs (1) to (3) have the same meaning as in sections 18 to 22 of the Medicines Act 1968 (applications for, and grant of, licences), including, where applicable, any of those sections as applied by subsection (3) of section 36 of that Act in relation to applications falling within subsection (1) of that section.

The Planning (Northern Ireland) Order 1972 (NI 17)

6.—(1) This paragraph applies if—

(a) before the appointed day, notice of any proposed development has been given to the Department of the Environment in accordance with arrangements relating to development by government departments; and

(b) the development relates to land which, at the time the notice was given, fell within Article 7(1)(a) or (b); and

(c) the proposed development has not been carried out before the appointed day.

(2) So far as relates to the carrying out of the development of which notice was given as mentioned in sub-paragraph (1)(a), for the purposes of the arrangements so mentioned and of the Planning (Northern Ireland) Order 1972,—

(a) the carrying out of the development shall continue to be regarded as being by or on behalf of the Crown; and

(b) so long as the interest of the Department in the land referred to in sub-paragraph (1)(b) continues on and after the appointed day to be held in fact by the Department or an HSS trust, that interest shall be regarded as continuing to be an interest of, or held on behalf of, the Crown.

(3) Expressions used in sub-paragraphs (1) and (2) have the same meaning as in the Planning (Northern Ireland) Order 1972.

The Rent (Northern Ireland) Order 1978 (NI 20)

7.—(1) This paragraph applies to a tenancy—

(a) which was entered into before the appointed day; and

(b) which is of land which, immediately before the appointed day, was land falling within Article 7(1)(a) or (b).

(2) If and so long as the interest of the landlord under a tenancy to which this paragraph applies continues on and after the appointed day to belong in fact either to the Department or to an HSS trust, it shall be taken to belong to a government department for the purposes of Article 5(7)(b) of the Rent (Northern Ireland) Order 1978 (tenancy where landlord is government department not to be protected tenancy).

(3) Expressions used in sub-paragraphs (1) and (2) have the same meaning as in the Rent (Northern Ireland) Order 1978.

The Building Regulations (Northern Ireland) Order 1979 (NI 16)

8.—(1) If, immediately before the appointed day, approved work is proposed to be carried out by or on behalf of a Crown authority (whether or not in relation to a Crown building) the fact that, on or after the appointed day, the work may be carried out by or on behalf of a health and social services body or an HSS trust shall not prevent it continuing to be regarded for the purposes of the Building Regulations (Northern Ireland) Order 1979 as work carried out by a Crown authority.

(2) Subject to sub-paragraph (3), expressions used in sub-paragraph (1) have the same meaning as in Article 22 of the Building Regulations (Northern Ireland) Order 1979 (application to Crown).

(3) Any reference in sub-paragraph (1) to approved work is a reference to work in respect of which, before the appointed day, either a contract for carrying it out was entered into or all necessary design certificates were signed in accordance with arrangements relating to compliance with the substantive requirements of building regulations by Crown authorities.

The Fire Services (Northern Ireland) Order 1984 (NI 11)

9.—(1) Without prejudice to the continuing validity on and after the appointed day of any fire certificate issued before that day in accordance with Article 49(3) of the Fire Services (Northern Ireland) Order 1984 (certain functions in relation to premises occupied or owned by the Crown exercisable by the Department of Economic Development instead of by the Fire Authority for Northern Ireland), any application made, notice issued or other thing done before the appointed day to or by the Department of Economic Development, or a person authorised by it, in relation to premises held, used or occupied by a health and social services body, shall be treated on and after that day as if made, issued or done to or by the Fire Authority for Northern Ireland, or an authorised member of the fire brigade.

(2) Expressions used in sub-paragraph (1) have the same meaning as in the Fire Services (Northern Ireland) Order 1984.

Article 10. HEALTH AND SOCIAL SERVICES TRUSTS

SCHEDULE 3

PART 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 HSS trust or any subsequent order under that provision amending or revoking a previous order.

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

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

(a) the name of the trust;

(b) the functions of the trust;

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

(d) where the trust is to be regarded as having a significant teaching commitment, a provision to secure the inclusion in the non-executive directors referred to in head (c) of a person appointed from a university with a medical or dental school specified in the order;

(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) For the purposes of sub-paragraph (1)(d), an HSS trust is to be regarded as having a significant teaching commitment in the following cases—

(a) if the trust is established to assume responsibility for the ownership and management of a hospital or other establishment or facility which, in the opinion of the Department, has a significant teaching and research commitment; and

(b) in any other case, if the Department so provides in the order.

(3) In a case where the order contains a provision made by virtue of sub-paragraph (1)(d) and a person who is being considered for appointment by virtue of that provision—

(a) is employed by the university in question, and

(b) would also, apart from this sub-paragraph, be regarded as employed by the trust, his employment by the trust shall be disregarded in determining whether, if appointed, he will be a non-executive director of the trust.

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

(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.

5.—(1) An order may provide for the establishment of an HSS 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.

(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 HSS 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 HSS 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.

PART II DUTIES, POWERS AND STATUS

Specific duties

6.—(1) An HSS 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 and, with respect to the exercise of the powers conferred by Article 10(9) and paragraphs 10 to 15 below, shall comply with any directions given to it by the Department, whether of a general or a particular nature.

(2) An HSS trust shall comply with any directions given to it by the Department with respect to all or any of the following matters—

(a) the qualifications of persons who may be employed as officers of the trust;

(b) the employment, for the purpose of performing functions specified in the direction, of officers having qualifications or experience of a description so specified;

(c) the manner in which officers of the trust are to be appointed;

(d) prohibiting or restricting the disposal of, or of any interest in, any asset which, at the time the direction is given, the Department reasonably considers to have a value in excess of such sum as may be specified in an order under Article 10(1) and in respect of which the Department considers that the interests of the health and personal social services require that the asset should not be disposed of;

(e) compliance with guidance or directions given (by circular or otherwise) to a relevant body; and

(f) the implementation of awards relating to the distinction or merit of medical practitioners or dental practitioners or any class or classes of such practitioners.

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

(2) At such time or times as may be prescribed, an HSS 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 HSS trust shall hold a public meeting at which such documents as may be prescribed shall be presented.

8.  An HSS 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.

9.—(1) An HSS trust shall be liable to pay—

(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 HSS 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.

Specific powers

10.  In addition to carrying out its other functions, an HSS trust may enter into HSS contracts.

11.  An HSS trust may undertake and commission research and make available staff and provide facilities for research by other persons.

12.  An HSS trust may—

(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 personal social services.

13.  An HSS 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 jointly with any relevant body, with another HSS trust or with any other body or individual.

14.  According to the nature of its functions, an HSS 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.

15.  For the purpose of making additional income available in order better to perform its functions, an HSS trust shall have the powers specified in Article 3(2) of the Health and Medicines (Northern Ireland) Order 1988(1) (extension of powers of the Department for financing health services).

General powers

16.  Subject to Schedule 4, an HSS 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 HSS trust (including the purposes of any specific hospital or other establishment or facility which is owned and managed by the trust);

(d) to employ staff on such terms as the trust thinks fit.

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

(2) The reference in sub-paragraph (1) to pensions, allowances or gratuities to or in respect of employees of an HSS 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.

Status

18.  An HSS 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 1991(2) , as enjoying any status, immunity or privilege of the Crown; and an HSS trust’s property shall not be regarded as property of, or property held on behalf of, the Crown.

PART III SUPPLEMENTARY PROVISIONS

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

19.—(1) In any case where an HSS trust provides goods or services for the benefit of an individual and—

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

(b) the condition of the individual is such that he needs those goods or services and, having regard to his condition, it is not practicable before providing them to enter into an HSS contract for their provision, and

(c) the provision of those goods or services—

(i) is within the primary functions (as defined in Article 9(5)) of a Health and Social Services Board or special agency or of a health authority within the meaning of the National Health Service Act 1977(3), or

(ii) is a function of a Health Board within the meaning of the National Health Service (Scotland) Act 1978(4), the trust shall be remunerated by that Health and Social Services Board, special agency, health authority or Health Board in respect of the provision of the goods or services in question.

(2) The rate of any remuneration payable by virtue of sub-paragraph (1) shall be calculated in such manner or on such basis as may be determined by the Department.

20.  In any case where an HSS trust provides goods or services for the benefit of an individual and—

(a) the provision of those goods or services is not pursuant to an HSS 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.

Compulsory acquisition

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

(2) Where an HSS 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 HSS trust and the Department may make a vesting order.

(3) Schedule 6 to the Local Government (Northern Ireland) Act 1972(5) 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) 1971(6).

(6) The modifications of Schedule 6 to the Local Government (Northern Ireland) Act 1972(7) 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 HSS trust or the HSS trust or the chief officer of the HSS 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 HSS trust to have an interest in the matter”;

(g) paragraph 19 shall be omitted.

(7) Where an HSS trust proposes to acquire land compulsorily under this paragraph, a person authorised in writing by the HSS 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 HSS trust.

Instruments, etc.

22.  The fixing of the seal of an HSS 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.

PART IV DISSOLUTION

23.—(1) The Department may by order dissolve an HSS trust.

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

(a) on the application of the HSS trust concerned; or

(b) if the Department considers it appropriate in the interests of the health and personal social services.

(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.

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

(a) the Department,

(b) a relevant body,

(c) another HSS trust, of such of the property, rights and liabilities of the HSS 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.

(2) An order under this paragraph may make provision in connection with the transfer of staff employed by or for the purposes of the HSS 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.

25.  Without prejudice to the generality of paragraph 24, if an HSS trust is dissolved under this Part, the Department or such other HSS 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.

26.  An HSS trust may not be dissolved or wound up except in accordance with this Part.

Article 14(9).

SCHEDULE 4 FINANCIAL PROVISIONS RELATING TO HSS TRUSTS

Borrowing

1.—(1) Subject 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 HSS trust may borrow (both temporarily, by way of overdraft, and longer term) from the Department or from any other person.

(2) An HSS 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.

(3) Except with the consent of the Department, an HSS trust may not borrow in any currency other than sterling; and the Department shall not give its consent to any such borrowing except with the approval of the Department of Finance and Personnel.

(4) Interest on any sums borrowed from the Department by an HSS trust shall be paid at such variable or fixed rates and at such times as the Department may determine.

(5) The other terms on which any sums are borrowed from the Department by an HSS trust shall be such as the Department may determine; and, in the event of the early repayment of any sums so borrowed, such terms may require the payment of a premium or allow a discount.

(6) A determination under sub-paragraph (4) or (5) shall be made with the consent of the Department of Finance and Personnel.

Guarantees of borrowing

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 HSS 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 HSS 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.

Limits on indebtedness

3.—(1) The aggregate of all sums borrowed by HSS 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.

(2) The reference in sub-paragraph (1) to sums borrowed does not include a reference to HSS trusts' initial loans.

Additional public dividend capital

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 HSS trust under paragraph 1, pay an amount to the trust as public dividend capital.

(2) Article 14 shall apply to public dividend capital paid to an HSS trust under this paragraph as it applies to public dividend capital forming part of the trust’s originating capital debt.

Surplus funds

5.  If it appears to the Department that any amount standing in the reserves of an HSS trust 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 that amount into the Consolidated Fund.

Investment

6.  An HSS trust may not invest any money held by it except in securities of the Government of the United Kingdom or in such other manner as the Department may with the consent of the Department of Finance and Personnel approve.

Article 34.

SCHEDULE 5 MINOR AND CONSEQUENTIAL AMENDMENTS

PART I AMENDMENTS COMING INTO OPERATION ON 1ST APRIL 1991

The Parliamentary Commissioner Act (Northern Ireland) 1969 (c. 10)

• In Schedule 2 in paragraph 5 (matters not subject to investigation) for the words from “the Northern Ireland Central Services Agency” to the end there shall be substituted “or the Northern Ireland Central Services Agency for the Health and Social Services”.

The Nursing Homes and Nursing Agencies Act(Northern Ireland) 1971 (c. 32)

• In section 5(5) (notice of appeal) the word “administrative” shall cease to have effect.

The Health and Personal Social Services(Northern Ireland) Order 1972 (NI 14)

• In Article 2(2) (interpretation)—

  (a)

  after the words “In this Order” there shall be inserted “and the 1991 Order”;

  (b)

  after the definition of “order” there shall be inserted—

  ““the 1991 Order” means the Health and Personal Social Services (Northern Ireland) Order 1991;”.

• In Article 53(1) (default powers) for the words “the Agency or the Staffs Council” there shall be substituted “or the Agency”.

• In Article 61(2)(b) (right to be included in list of practitioners providing general dental services) the words “resident in Northern Ireland” shall cease to have effect.

• In Article 62(2)(b) (right to be included in list of persons providing general ophthalmic services) the words “resident in Northern Ireland and” shall cease to have effect.

• In Article 87(1) (expenses of certain bodies) for the words “the Agency and the Staffs Council” there shall be substituted “and the Agency”.

• In Article 88(1) (regulation of financial arrangements of certain bodies) for the words “the Agency or the Staffs Council” there shall be substituted “or the Agency”.

• In Article 89(1) (remuneration of members of certain bodies) for sub-paragraph (a) there shall be substituted—

  “(a) members of—

  (i) any body established or appointed under this Order;

  (ii) a special agency;

  (iii) a Health and Social Services Council established under Article 4 of the 1991 Order;”.

• In Article 90 (accounts of certain bodies) in paragraphs (1), (2)(a) and (2)(b) for the words “the Agency and the Staffs Council” there shall be substituted “and the Agency”.

• In Article 92 (directions as to audit) for the words “the Agency and the Staffs Council” there shall be substituted “and the Agency”.

• In Article 97(1) (protection for officers) for the words “the Agency or the Staffs Council” where they twice occur there shall be substituted “or the Agency”.

• In Schedule 1 (Health and Social Services Boards) in paragraph 11(1)(a) the word “administrative” shall cease to have effect.

• In Schedule 3 (the Agency) in paragraphs 10(a) and 12 the word “administrative” shall cease to have effect.

• In Schedule 13 (orders under Article 76) in paragraph 1(e) for the words “the Agency or the Staffs Council” there shall be substituted “or the Agency”.

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

• In Schedule 1 (offices disqualifying for membership of the Assembly) in Part III in the entry which begins “Chairman of a Health and Social Services Board” after the word “Chairman” there shall be inserted “or any member, not being also an employee,”.

The Health and Medicines (Northern Ireland) Order 1988 (NI 24)

• In Article 3 (extension of powers for financing of health services) in paragraph (2) after the word “powers” in the second place where it occurs, there shall be inserted “(exercisable outside as well as within Northern Ireland).”.

The Health and Personal Social Services (Special Agencies)(Northern Ireland) Order 1990 (NI 3)

• In Article 4(5) (directions to special agency) at the end there shall be added “and section 17(2) of the Interpretation Act (Northern Ireland) 1954(8) shall apply to a direction under this Article as if the direction were a statutory instrument.”.

PART II AMENDMENTS COMING INTO OPERATION ON A DAY OR DAYS TO BE APPOINTED UNDER ARTICLE 1(2)

The Human Tissue Act (Northern Ireland) 1962 (c. 19)

• In section 1 (removal of parts of bodies for medical purposes)—

  (a)

  in subsection (4A)(b) after the words “health and social services board” there shall be inserted “or HSS trust”;

  (b)

  after subsection (8) there shall be added the following subsection—

  “(9) In this section “HSS trust” means a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991.”.

The Children and Young Persons Act (Northern Ireland) 1968 (c. 34)

• In section 103 (duty of Department to assume care of children) at the end there shall be added the following subsections—

  “(7) The Department may require—

  (a) the directors of an HSS trust to hand over any child accommodated in an HSS home,

  (b) the person in charge of a voluntary home to hand over any child accommodated in the voluntary home, with a view to the child’s being boarded out by the Department, and the child shall thereupon be deemed to have come within the care of the Department under this section.

  (8) In this Act—

  “HSS home” means a home for the boarding, protection, care and maintenance of children in need of help, being a home managed by an HSS trust;

  “HSS trust” means a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991.”.

• In section 114(1)(b) (maintenance of child in home) after the words “placing him in” there shall be inserted “an HSS home or”.

• In section 117(1) (accommodation of children in homes) after the words “voluntary home” there shall be inserted “or HSS home”.

• In section 126 (definition of voluntary home) at the end there shall be added

  “; or

  (c) a home or hostel provided under Part VII; or

  (d) an HSS home.”.

• In section 180(1) (interpretation) at the appropriate place in alphabetical order there shall be inserted—

  • ““HSS home” and “HSS trust” have the meanings assigned to them by section 103(8);”.

The Commissioner for Complaints Act (Northern Ireland) 1969 (c. 25)

• In Part II of Schedule 1 (public bodies subject to investigation) the following entry shall be inserted at the appropriate place in alphabetical order—

  “A Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991.”.

The Nursing Homes and Nursing Agencies Act (Northern Ireland)1971 (c. 32)

• In section 10(1) in the definition of “nursing home” in paragraph (a) after the words “Government department” there shall be inserted “or an HSS trust established under the Health and Personal Social Services (Northern Ireland) Order 1991”.

The Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14)

• In Article 2(2) (interpretation)—

  (a)

  after the definition of “grant-aided” there shall be inserted—

  ““Health and Social Services Board” means a body established under Article 16;

  “health and social services contract” has the meaning assigned to it by Article 8(3) of the 1991 Order and “HSS contract” shall be construed accordingly;

  “Health and Social Services trust” has the meaning assigned to it by Article 10(1) of the 1991 Order and “HSS trust” shall be construed accordingly;”;

  (b)

  in the definition of “home for persons in need” in paragraph (b) after the word “Ministry” there shall be inserted “or managed by an HSS trust” and in paragraph (f) after the words “government department” there shall be inserted “, HSS trust”;

  (c)

  after the definition of “officer” there shall be inserted—

  • ““operational date”, in relation to an HSS trust, shall be construed in accordance with paragraph 3(1)(e) of Schedule 3 to the 1991 Order;”.

• In Article 15(4) (general social welfare) the words “Subject to Article 99,” shall cease to have effect and after that paragraph there shall be inserted the following paragraph—

  “(5) In so far as it relates to the provision of accommodation, this Article is subject to Articles 36, 36A and 99.”.

• In Article 45(1) (travelling expenses of patients, etc.)—

  (a)

  after the word “payment” there shall be inserted “by the Department or an HSS trust”;

  (b)

  in sub-paragraph (a) after the words “this Order” there shall be inserted “or the 1991 Order”;

  (c)

  after sub-paragraph (c) there shall be added the words “and such regulations may provide for the reimbursement by the Department to an HSS trust of payments made by the trust by virtue of this paragraph.”.

• Article 52 (emergency powers) shall be renumbered as paragraph (1) of that Article and—

  (a)

  in that paragraph for the words “this Order or the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990” and “this Order or that Order” there shall be substituted “the health and personal social services legislation”;

  (b)

  after that paragraph there shall be added the following paragraph—

  “(2) In this Article, Article 53 and Article 54 “the health and personal social services legislation” means—

  (a) this Order;

  (b) the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990; and

  (c) the 1991 Order.”.

• In Article 53 (default powers)—

  (a)

  in paragraph (1) for the words from the beginning to “1990” there shall be substituted “Where the Department is of opinion, on representations made to it or otherwise, that any Health and Social Services Board, special agency or HSS trust or the Agency has failed to discharge any functions conferred or imposed on it under the health and personal social services legislation”;

  (b)

  in paragraph (2) for the words from “the provisions” to “1990” there shall be substituted “the appropriate provisions of the health and personal social services legislation”.

• In Article 54 (inquiries) for the words “this Order” there shall be substituted “the health and personal social services legislation”.

• In Article 67 (co-operation with other bodies) after the words “Health and Social Services Boards” there shall be inserted “, HSS trusts”.

• In Article 68 (supply of goods and services)—

  (a)

  in paragraph (1) for the words “a Health and Social Services Board, the Agency or a special agency” in the first place where they occur there shall be substituted “a body to which this Article applies” and in the second place where they occur there shall be substituted “or a body to which this Article applies”;

  (b)

  at the end there shall be added the following paragraph—

  “(3) This Article applies to the following bodies—

  (a) a Health and Social Services Board;

  (b) the Agency;

  (c) a special agency;

  (d) an HSS trust.”.

• Article 69 (arrangements with district councils) shall be renumbered as paragraph (1) of that Article and—

  (a)

  in that paragraph for the words “a Health and Social Services Board and a district council or a special agency and a district council” there shall be substituted “a body to which this Article applies and a district council”;

  (b)

  in that paragraph for the words “the Health and Social Services Board or, as the case may be, the special agency” there shall be substituted “that body”;

  (c)

  after that paragraph there shall be added the following paragraph—

  “(2) This Article applies to the following bodies—

  (a) a Health and Social Services Board;

  (b) a special agency;

  (c) an HSS trust.”.

• In Article 71(1) (arrangements with voluntary organisations) at the beginning there shall be inserted “Subject to Articles 36 and 36A,”.

• In Article 83 for paragraph (1) there shall be substituted the following paragraphs—

  “(1) Where the terms of a trust instrument authorise or require the trustees, whether immediately or in the future, to apply any part of the capital or income of the trust property for the purposes of any hospital or service administered by a Health and Social Services Board or an HSS trust, the trust instrument shall be construed as authorising or (as the case may be) requiring the trustees to apply the trust property, to the like extent, and at the like times, for the purpose of making payments, whether of capital or income, to the appropriate authority.

  (1A) In paragraph (1) “the appropriate authority” means—

  (a) where the hospital or service is administered by a Health and Social Services Board, that Board;

  (b) where the hospital or service is administered by an HSS trust and trustees have been appoined for that trust under Article 16 of the 1991 Order, those trustees;

  (c) where the hospital or service is administered by an HSS trust and sub-paragraph (b) does not apply, the HSS trust.”.

• In Article 85 for paragraph (2) there shall be substituted the following paragraph—

  “(2) For the purposes of giving effect to the provisions of any will, deed or other like instrument—

  (a) any reference therein to a management committee, a health authority or a welfare authority shall be construed as a reference to the appropriate Health and Social Services Board;

  (b) any reference therein to a hospital or other establishment or facility managed by a Health and Social Services Board shall be construed as a reference to that Board;

  (c) any reference therein to a hospital or other establishment or facility managed by an HSS trust shall be construed as a reference to that trust.”.

• In Article 86(1) (property of voluntary organisations)—

  (a)

  in sub-paragraph (a) after the word “Boards” there shall be inserted “or HSS trusts”;

  (b)

  after the word “Board” in the first place where it occurs there shall be inserted “, an HSS trust or the trustees for an HSS trust (in this Article referred to as “the transferee”)”;

  (c)

  for the words “that Board” where they twice occur there shall be substituted “the transferee”.

• In Article 97(1) (protection of officers of certain bodies) for the words from the beginning to “as the case requires,” there shall be substituted—

  • “An officer of—

    (a)

    a Health and Social Services Board;

    (b)

    a special agency;

    (c)

    the Agency; or

    (d)

    an HSS trust,

    shall not be personally liable in respect of any act done by him in the execution of any function of any such body”.

• In Article 98(1) (charges for services) after the words “provided under this Order” there shall be inserted “or the 1991 Order”.

• In Article 101(1) (recovery of cost of accommodation) for the words from the beginning to “any person” there shall be substituted “Where under Article 15 or 36 accommodation is provided, or proposed to be provided, for any person”.

• In Schedule 15 (charges for services)—

  (a)

  in paragraph 1(a)(i) after the words “provided under this Order” there shall be inserted “or the 1991 Order”;

  (b)

  in paragraph 6 after the words “benefit under this Order” there shall be inserted “or the 1991 Order”;

  (c)

  in paragraph 9 after the words “the Ministry” where they first occur there shall be inserted the words “or an HSS trust” , after those words in the second and third places where they occur there shall be inserted the words “or the HSS trust” and after the words “this Order” there shall be inserted the words “or the 1991 Order”;

  (d)

  in paragraph 10 after the words “this Order” there shall be added the words “or the 1991 Order”.

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

• In Schedule 1 (offices disqualifying for membership of the Assembly) in Part III at the appropriate place in alphabetical order there shall be inserted the following entry—

  “Chairman or non-executive director of a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991.”.

The Industrial Relations (No. 2) (Northern Ireland) Order 1976 (NI 28)

• In Article 39 (time off for public duties) in paragraph (1) at the end of sub-paragraph (d) there shall be added the words “or a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991”.

The Road Traffic (Northern Ireland) Order 1981 (NI 1)

• In Article 99 (expenses of hospital treatment)—

  (a)

  in paragraph (1) after the words “Health and Social Services Board” there shall be inserted “or HSS trust”;

  (b)

  in paragraph (2) at the end there shall be added—

  ““HSS trust” means a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991.”.

The Social Security (Northern Ireland) Order 1982 (NI 16)

• In Article 28 (interpretation) after paragraph (5) there shall be inserted—

  “(5A) Where, in consequence of the establishment of one or more Health and Social Services trusts under the Health and Personal Social Services (Northern Ireland) Order 1991, a person’s contract of employment is treated by a scheme under that Order as divided so as to constitute two or more contracts, regulations may make provision enabling him to elect for all of those contracts to be treated as one contract for the purposes of this Part or of such provisions of this Part as may be prescribed; and any such regulations may prescribe—

  (a) the conditions that must be satisfied if a person is to be entitled to make such an election;

  (b) the manner in which, and the time within which, such an election is to be made;

  (c) the persons to whom, and the manner in which, notice of such an election is to be given;

  (d) the information which a person who makes such an election is to provide, and the persons to whom, and the time within which, he is to provide it;

  (e) the time for which such an election is to have effect;

  (f) which one of the person’s employers under the two or more contracts is to be regarded for the purposes of statutory sick pay as his employer under the one contract; and the powers conferred by this paragraph are without prejudice to any other power to make regulations under this Part.”.

The Education and Libraries (Northern Ireland) Order 1986 (NI 3)

• In Article 36 (duty of health and social services board to notify its opinion that a child has special educational needs)—

  (a)

  in paragraph (1) for the words from the beginning to “the opinion that he has” there shall be substituted—

  • “If a health and social services board—

    (i)

    in the course of exercising any of its functions in relation to a child who has not attained the age of five years; or

    (ii)

    after receiving notice under paragraph (1A) in respect of a child and making such inquiries as it thinks fit, forms the opinion that the child has”;

  (b)

  after paragraph (1) there shall be inserted the following paragraphs—

  “(1A) If, in the course of the exercise by an HSS trust of any of its functions in relation to a child who has not attained the age of five years, the directors of the trust form the opinion that the child has, or probably has, special educational needs, the directors shall notify the health and social services board for the area in which the child resides of that opinion.

  (1B) In paragraph (1A) “HSS trust” means a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991.”.

The Mental Health (Northern Ireland) Order 1986 (NI 4)

• In Article 90(2) (definition of private hospital) at the end there shall be added the words “or in a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991.”.

• After Article 134 there shall be inserted the following Article—

  “HSS trusts

  134A.— (1) The Department may by regulations made subject to affirmative resolution make such amendments to this Order as appear to the Department to be necessary or expedient in consequence of, or in connection with, the establishment or proposed establishment of one or more HSS trusts.

  (2) Without prejudice to the generality of paragraph (1), regulations under that paragraph may amend this Order so as to—

  (a) apply to a hospital, establishment or facility managed by an HSS trust, any provision of this Order referring or relating to a hospital;

  (b) apply to an HSS trust or the directors of such a trust any provision of this Order referring or relating to a Board;

  (c) otherwise confer on an HSS trust functions corresponding to functions exercisable under this Order by a Board.

  (3) In this Article “HSS trust” means a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991.”.

• In Article 135(2) after the words “Article 95” there shall be inserted “or 134A”.

The Social Security (Northern Ireland) Order 1986 (NI 18)

• In Article 51 (interpretation) after paragraph (2) there shall be inserted—

  “(2A) Where, in consequence of the establishment of one or more Health and Social Services trusts under the Health and Personal Social Services (Northern Ireland) Order 1991, a woman’s contract of employment is treated by a scheme under that Order as divided so as to constitute two or more contracts, regulations may make provision enabling her to elect for all of those contracts to be treated as one contract for the purposes of this Part or of such provisions of this Part as may be prescribed; and any such regulations may prescribe—

  (a) the conditions that must be satisfied if a woman is to be entitled to make such an election;

  (b) the manner in which, and the time within which, such an election is to be made;

  (c) the persons to whom, and the manner in which, notice of such an election is to be given;

  (d) the information which a woman who makes such an election is to provide, and the persons to whom, and the time within which, she is to provide it;

  (e) the time for which such an election is to have effect;

  (f) which one of the woman’s employers under the two or more contracts is to be regarded for the purposes of statutory maternity pay as her employer under the one contract; and the powers conferred by this paragraph are without prejudice to any other power to make regulations under this Part.”.

The AIDS (Control) (Northern Ireland) Order 1987 (NI 18)

• In Article 2(2) (interpretation) at the end there shall be added—

  ““HSS trust” means a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991.”.

• In Article 3(1) (periodical reports on matters relating to AIDS and HIV) at the end there shall be added “and by each HSS trust”.

• In Article 3(2)(b) (publication of reports) after the word “Board” there shall be inserted “or HSS trust”.

• In the Schedule (contents of reports) after the word “Board” in each place where it occurs there shall be inserted “or HSS trust”.

The Disabled Persons (Northern Ireland) Act 1989 (c. 10)

• In section 7 (persons discharged from hospital accommodation)—

  (a)

  for subsection (1) there shall be substituted the following subsection—

  “(1) Where a person is to be discharged from hospital accommodation after having received medical treatment for mental disorder as an in-patient for a continuous period of not less than 6 months ending with the date on which he is to be discharged, the managers of the hospital accommodation shall, as soon as is reasonably practicable after that date is known to them, give written notification of that date to the Board in whose area it appears to the managers that that person is likely to reside after his discharge (unless the managers are that Board).”;

  (b)

  in subsection (2) for the words from “the responsible Board” to the end there shall be substituted “the managers of the hospital accommodation shall, as soon as is reasonably practicable, give written notification of that person’s discharge in accordance with subsection (1).”;

  (c)

  after subsection (2) there shall be inserted the following subsection—

  “(2A) Where—

  (a) a Board receives a notification given under subsection (1) or (2) with respect to a person who is under the age of 19 on the date on which he is to be, or is, discharged; or

  (b) the managers of hospital accommodation from which such a person is to be, or is, discharged as mentioned in subsection (1) or (2) are the Board referred to in subsection (1), that Board shall, as soon as is reasonably practicable, give written notification of the date on which that person is to be, or is, discharged to the education and library board in whose area it appears to the Board that that person is likely to reside after his discharge.”;

  (d)

  for subsections (3) and (4) there shall be substituted the following subsections—

  “(3) Where—

  (a) a Board receives a notification given with respect to a person under subsection (1) or (2), or

  (b) the managers of hospital accommodation from which a person is to be, or is, discharged as mentioned in subsection (1) or (2) are the Board referred to in subsection (1), that Board shall, subject to subsection (7), make arrangements for an assessment of the needs of that person with respect to the provision of—

  (i) any health services, or

  (ii) any personal social services.

  (4) In making any arrangements under subsection (3) a Board falling within paragraph (a) of that subsection shall consult the managers of the hospital accommodation in question.”;

  (d)

  in subsection (8) for the definition of “responsible Board” there shall be substituted—

  • ““the managers”—

    (a)

    in relation to hospital accommodation vested in an HSS trust, means the directors of that trust;

    (b)

    in relation to hospital accommodation vested in the Department, means the Board which administers that accommodation.”.

• In section 11(1) (interpretation) at the end of the definition of “hospital accommodation” there shall be added “or an HSS trust” and after that definition there shall be inserted—

  ““HSS trust” means a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991;”.

The Opticians Act 1989 (c. 44)

• In section 27 (sale and supply of optical appliances), at the end of subsection (4)(b)(iii) there shall be inserted the words “or the Health and Personal Social Services (Northern Ireland) Order 1991”.

Article 35.

SCHEDULE 6 REPEALS

PART I REPEALS COMING INTO OPERATION ON 1ST APRIL 1991

Chapter or Number	Short Title	Extent of Repeal
1969 c. 25 (N.I.).	The Commissioner for Complaints act (Northern Ireland) 1969.	In Part II of Schedule 1 the entry relating to the Northern Ireland staffs Council for the Health and Social Services.
1971 c. 32 (N.I.).	The Nursing Homes and Nursing Agencies act (Northern Ireland) 1971.	In section 5(5) the word “administrative”.
1972 NI 14.	The Health and Personal Social Services (Northern Ireland) Order 1972.	In Article 2(2) the definitions of “the Council” and “the Staffs Council”.
		Article 20.
		Articles 28 and 29.
		Article 56(2)(d).
		In Article 56(2A) the words “be entitled to”.
		In Article 61(2)(b) the words “resident in Northern Ireland”.
		In Article 62(2)(b) the words “resident in Northern Ireland and”.
		Articles 77 and 78.
		In Schedule 1, in paragraph 8(2) the words “Without prejudice to Article 20”, in paragraph 8(3) the words from “, so however” to the end and in paragraph 11(1)(a) the word “administrative”.
		In Schedule 3, in paragraphs 10(a) and 12 the word “administrative”.
		Schedule 4.
1975 c. 25.	The Northern Ireland Assembly Disqualification Act 1975.
1978 NI 26.	The Health and Personal Social Services (Northern Ireland) Order 1978.	Article 10.
		In Schedule 1, paragraph 3.
1986 NI 24.	The Health and Personal Social Servicres and Public Health (Northern Ireland) Order 1986.	Article 4.
		Article 12(a).
1988 NI 24.	The Health and Medicines (Northern Ireland) Order 1988.	In Article 4(5) the words “56(2)(d) and”.
1990 NI 3.	The Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990.	Article 5(11).

PART II REPEALS COMING INTO OPERATION ON A DAY OR DAYS TO BE APPOINTED UNDER ARTICLE 1(2)

Number	Short Title	Extent of Repeal
1968 c. 34. (N.I.)	The Children and Young Persons Act (Northern Ireland) 1968.	Section 129(2).
1972 NI 14.	The Health and Personal Social Services (Northern Ireland) Order 1972.	In Article 15(4), the words “Subject to article 99,”.
1976 NI 16.	The Industrial Relations (Northern Ireland) Order 1976.	Article 79(6).
1978 NI 26.	The Health and Personal Social Services (Northern Ireland) Order 1978	Article 11.
		Article 15.
		In Schedule 1, paragraph 4.
1980 NI 8.	The Social Security (Northern Ireland) Order 1980.	In Schedule 3, paragraph 7.
1984 NI 11.	The Fire Services (Northern Ireland) Order 1984.	Article 49(2)(b).
1986 NI 18.	The Social Security (Northern Ireland) Order 1986.	In Schedule 9, paragraph 31.
1986 NI 20.	The Health and Personal Social Services (Amendment) (Northern Ireland) Order 1986.	Article 1(3).
		In Article 2(2) the definitions of “the food legislation” and “the health and safety legislation”.
		Articles 3 and 4.
1986 NI 24.	The Health and Personal Social Services and Public Health (Northern Ireland) Order 1986.	Article 9.
1989 NI 6.	The Food (Northern Ireland) Order 1989.	In Schedule 3, paragraph 22.
1990 NI 3.	The Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990.	Article 5(3) and (4), (6) and (7) and (12) to (15).
1991 NI 1.	The Health and Personal Social Services (Northern Ireland) Order 1991.	In Part I of Schedule 5, the amendments to articles 53(1), 90, 92 and 97(1) of the principal Order.

(1)

1988 NI 24

(2)

S.I. 1991/195

(3)

1977 c. 49

(4)

1978 c. 29

(5)

1972 c. 9 (N.I.)

(6)

1971 c. 17 (N.I.)

(7)

1972 c. 9 (N.I.)

(8)

1954 c. 33 (N.I.)