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

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II NORTHERN IRELAND HEALTH AND PERSONAL SOCIAL SERVICES REGULATION AND IMPROVEMENT AUTHORITY

    1. 3.The Regulation and Improvement Authority

    2. 4.General duties in relation to provision of services

    3. 5.Advice and information about services

    4. 6.Regulations and directions

    5. 7.Annual report

  4. PART III REGULATION OF ESTABLISHMENTS AND AGENCIES

    1. Preliminary

      1. 8.Regulated establishments and agencies: general interpretation

      2. 9.Children’s homes

      3. 10.Residential care homes

      4. 11.Nursing homes

    2. Registration

      1. 12.Requirement to register

      2. 13.Applications for registration

      3. 14.Grant or refusal of registration

      4. 15.Cancellation of registration

      5. 16.Applications by registered persons

      6. 17.Regulations about registration

    3. Registration procedure

      1. 18.Notice of proposals

      2. 19.Right to make representations

      3. 20.Notice of decisions

      4. 21.Urgent procedure for cancellation etc.

      5. 22.Appeals to the Care Tribunal

    4. Regulations

      1. 23.Regulations relating to establishments and agencies

    5. Offences

      1. 24.Failure to comply with conditions

      2. 25.Contravention of regulations

      3. 26.False descriptions of establishments and agencies

      4. 27.False statements in applications

      5. 28.Failure to display certificate of registration

      6. 29.Proceedings for offences

    6. Supplementary

      1. 30.Annual returns

      2. 31.Liquidators etc.

      3. 32.Death of registered person

      4. 33.Provision of copies of register

  5. PART IV QUALITY OF HEALTH AND PERSONAL SOCIAL SERVICES

    1. 34.Duty of quality

    2. 35.Role of the Regulation and Improvement Authority

  6. PART V BOARDS AND HSS TRUSTS – ADOPTION, FOSTERING AND CHILDREN UNDER 12

    1. 36.Provision of information

    2. 37.Annual returns

  7. PART VI MISCELLANEOUS

    1. 38.Statements of minimum standards

    2. 39.Improvement notices

    3. 40.Power to require information from establishments and agencies and power of entry and inspection

    4. 41.Power to require information from inspections relating to Boards and HSS trusts, etc. and powers of entry and inspection

    5. 42.Inspections: provisions supplementary to Articles 40 and 41

    6. 43.Restrictions on disclosure of information under Article 40 or 41

    7. 44.The Care Tribunal

    8. 45.Arrangements for provision of accommodation outside Northern Ireland

    9. 46.Rules regarding courses for persons who are or wish to become social workers

    10. 47.Arrangements for provision of pharmaceutical services by pharmacists

    11. 48.Regulations, orders and directions

    12. 49.Transitional provisions and savings

    13. 50.Amendments and repeals

  8. Signature

  9. SCHEDULES

    1. Schedule 1

      THE NORTHERN IRELAND HEALTH AND PERSONAL SOCIAL SERVICES REGULATION AND IMPROVEMENT AUTHORITY

      1. Status

        1. 1.The Regulation and Improvement Authority shall not be regarded as...

      2. General powers

        1. 2.(1) Subject to any directions given by the Department, the...

      3. General duty

        1. 3.The Regulation and Improvement Authority shall carry out its functions...

      4. Membership

        1. 4.The Regulation and Improvement Authority shall consist of a chairman...

      5. Appointment, procedure etc.

        1. 5.The Department may by regulations make provision as to—

      6. Remuneration and allowances

        1. 6.(1) The Regulation and Improvement Authority may pay to its...

      7. Chief executive

        1. 7.(1) There shall be a chief executive of the Regulation...

      8. Staff

        1. 8.(1) The Regulation and Improvement Authority may appoint such other...

      9. Delegation of functions

        1. 9.The Regulation and Improvement Authority may arrange for the discharge...

      10. Arrangements for the use of staff

        1. 10.The Department may by regulations provide for arrangements under which—...

      11. Payments to the Regulation and Improvement Authority

        1. 11.The Department may make payments to the Regulation and Improvement...

      12. Accounts

        1. 12.(1) The Regulation and Improvement Authority shall—

      13. Application of seal and evidence

        1. 13.The application of the seal of the Regulation and Improvement...

        2. 14.A document purporting to be duly executed under the seal...

      14. Default powers of Department

        1. 15.(1) The powers conferred by this paragraph are exercisable by...

      15. Transfer of staff to the Regulation and Improvement Authority

        1. 16.(1) The Department may by order make a scheme for...

      16. Transfer of assets and liabilities to the Regulation and Improvement Authority

        1. 17.(1) The Department may by order transfer or provide for...

    2. SCHEDULE 2

      THE CARE TRIBUNAL

      1. Constitution of Care Tribunal

        1. 1.(1) There shall be appointed— (a) a panel of persons...

      2. Appointment of the panels

        1. 2.(1) The members of the chairmen’s panel shall be appointed...

      3. Tenure of office

        1. 3.(1) Each member of the chairmen’s panel or lay panel...

      4. Staff and accommodation

        1. 4.The Department may, with the consent of the Department of...

      5. Remuneration and expenses

        1. 5.(1) The Department may pay any person, in respect of...

      6. Attendance allowances

        1. 6.The Department may pay such allowances for the purpose of...

      7. Temporary provision

        1. 7.Until the commencement of section 5(1) of the Justice (Northern...

    3. SCHEDULE 3

      TRANSITIONAL PROVISIONS AND SAVINGS

      1. Fostering agencies

        1. 1.The Department may by regulations provide that, if prescribed requirements...

      2. Voluntary adoption agencies

        1. 2.(1) Where a body is, before the commencement of Article...

      3. Saving for amendments

        1. 3.The amendments made by paragraphs 2, 3(3) and (4) and...

    4. SCHEDULE 4

      AMENDMENTS

      1. The Superannuation (Northern Ireland) Order 1972 (NI 10)

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

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

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

      5. The Adoption (Northern Ireland) Order 1987 (NI 22)

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

      7. The Children (Northern Ireland) Order 1995 (NI 2)

      8. The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7)

      9. The Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3)

      10. The Adoption (Intercountry Aspects) Act (Northern Ireland) 2001 (c. 11)

      11. The Justice (Northern Ireland) Act 2002 (c. 26)

      12. The Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (NI 00)

    5. Schedule 5

      REPEALS

  10. Explanatory Note

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