Search Legislation

The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003, Section 35. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Role of the [F1RQIA] N.I.

This section has no associated Explanatory Memorandum

35.—(1) The [F1RQIA] shall have the following functions—

(a)the function of conducting reviews of, and making reports on, arrangements by statutory bodies for the purpose of monitoring and improving the quality of the health and [F2social care] for which they have responsibility;

(b)the function of carrying out investigations into, and making reports on, the management, provision or quality of the health and [F2social care] for which statutory bodies have responsibility;

(c)the function of conducting reviews of, and making reports on, the management, provision or quality of, or access to or availability of, particular types of health and [F2social care] for which statutory bodies or service providers have responsibility;

(d)the function of carrying out inspections of statutory bodies and service providers, and persons who provide or are to provide services for which such bodies or providers have responsibility, and making reports on the inspections; and

(e)such functions as may be prescribed relating to the management, provision or quality of, or access to or availability of, services for which prescribed statutory bodies or prescribed service providers have responsibility.

(2) The inspections referred to in paragraph (1)(d) are to be carried out only in connection with the function referred to in paragraph (1)(c).

(3) If after carrying out—

(a)a review under paragraph (1)(a);

(b)an investigation under paragraph (1)(b);

(c)any function equivalent to one referred to in sub-paragraph (a) or (b) prescribed under paragraph (1)(e); or

(d)an inspection under paragraph (1)(d),

the [F1RQIA] is of the view referred to in paragraph (4) as to a body, service provider or other person reviewed, investigated or inspected (taking account, if appropriate, of any other relevant information the Authority may have), the [F1RQIA] must make a report of its view to the Department.

(4) The view referred to is that—

(a)the health and [F2social care] for which the body or service provider in question has responsibility are of unacceptably poor quality (whether generally or in particular areas); or

(b)there are significant failings in the way the body, service provider or other person is being run (including, where the service provider or other person is an individual, the way his practice is being run).

(5) In its report, the [F1RQIA] may recommend that the Department take special measures in relation to the body or service provider in question with a view to improving the health and [F2social care] for which it is responsible or the way the body, service provider or other person (or, as mentioned in paragraph (4)(b), his practice), is being run.

(6) The report must give the [F1RQIA] 's reasons for its view, and for any recommendation under paragraph (5).

(7) For the purposes of this Article a person has responsibility for health and [F2social care]

(a)if he provides or is to provide those services to individuals; or

(b)if another person provides or is to provide those services to individuals—

(i)at his direction,

(ii)on his behalf, or

(iii)in accordance with an agreement or arrangements made by him with that other person.

(8) References in paragraph (7) to the provision of health and [F2social care] include references to the provision of those services jointly with another person.

(9) In this Article—

  • “statutory body” means a Health and Social Services Board, an [F3HSC trust] or a special agency;

  • “statutory function” means a function conferred by or under any statutory provision.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources