The Health and Social Services Trusts (Establishment) (Amendment) Order (Northern Ireland) 2008

Statutory Rules of Northern Ireland

2008 No. 426

Health And Personal Social Services

The Health and Social Services Trusts (Establishment) (Amendment) Order (Northern Ireland) 2008

Made

22nd October 2008

Coming into operation

24th November 2008

The Department of Health, Social Services and Public Safety(1), makes the following Order in exercise of the powers conferred by Article 10(1) of, and paragraphs 3(1)(b) and 3A of Schedule 3 to, the Health and Personal Social Services (Northern Ireland) Order 1991(2).

In accordance with Article 10(2) of that Order the Department has consulted with Health and Social Services Councils and such other persons and bodies as it considers appropriate.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Health and Social Services Trusts (Establishment) (Amendment) Order (Northern Ireland) 2008 and shall come into operation on 24 November 2008.

(2) In this Order—

“relevant establishment orders” means—

• the Belfast Health and Social Services Trust (Establishment) Order (Northern Ireland) 2006(3)

• the South Eastern Health and Social Services Trust (Establishment) Order (Northern Ireland) 2006(4)

• the Southern Health and Social Services Trust (Establishment) Order (Northern Ireland) 2006(5)

• the Northern Health and Social Services Trust (Establishment) Order (Northern Ireland) 2006(6)

• the Western Health and Social Services Trust (Establishment) Order (Northern Ireland) 2006(7)

Amendment of the relevant establishment orders

2.—(1) Each of the relevant establishment orders shall be amended in accordance with paragraphs (2), (3) and (4).

(2) For paragraph (2) of Article 3 (Nature and functions of the trust) substitute the following:–

“(2) The trust’s functions shall be—

(a) to provide goods and services for the purposes of the health and personal social services; and

(b) to exercise on behalf of Health and Social Services Boards, such relevant functions as are so exercisable by the trust by virtue of authorisations for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994(8).”

(3) For Part I of the Schedule substitute the following:–

“PART 1

(1) 1968 c.34 (N.I.)
(2) S.I. 1972/1265 (N.I. 14)
(3) 1978 c.53
(4) S.I. 1986/595 (N.I. 4)
(5) S.I. 1987/2203 (N.I. 22)
(6) 1989 c.10
(7) S.I. 1995/755 (N.I. 2)
(8) 2002 c.6 (N.I.)”
Statutory Provision	Relevant Function
the Children and Young Persons Act (Northern Ireland) 1968(1)	All relevant functions
the Health and Personal Social Services (Northern Ireland) Order 1972(2)	All relevant functions
the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978(3)	All relevant functions
the Mental Health (Northern Ireland) Order 1986(4)	All relevant functions
the Adoption (Northern Ireland) Order 1987(5)	All relevant functions
the Disabled Persons (Northern Ireland) Act 1989(6)	All relevant functions
the Children (Northern Ireland) Order 1995(7)	All relevant functions
the Carers and Direct Payments Act (Northern Ireland) 2002(8)	All relevant functions

(4) For Part II of the Schedule substitute the following:–

“PART II

Statutory Provision	Relevant Function
the Health and Personal Social Services (Northern Ireland) Order 1972	Articles 14A, 15, 36, 38(3) and (4), 99, 101, 101A and paragraphs 8 and 9 of Schedule 6
the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978	Section 2(c), (d) and (f)
the Mental Health (Northern Ireland) Order 1987	Articles 8(1), 15(3), 22(1), 28(1) and (5), 29(1) and (2), 42(4), 43(3), 44(5), 45(3), 79(3), 129(1) and (2), 131 and 132
the Adoption (Northern Ireland) Order 1987	Articles 11(1), 13(3)(a), 24, 31 and 32
the Children (Northern Ireland) Order 1995	Articles 21, 23, 26, 27, 32, 54, 66 and Schedule 3”

Amendment of the Northern Ireland Ambulance Service Health and Social Services Trust (Establishment) Order (Northern Ireland) 1995(9)

3.  In the Northern Ireland Ambulance Service Health and Social Services Trust (Establishment) Order (Northern Ireland) 1995 for paragraph (2) of Article 3 (Nature and functions of the trust) substitute the following:–

“(2) The trust’s functions shall be to provide goods and services for the purposes of the health and personal social services and, in particular, to provide and manage—

(a) ambulance and associated services; and

(b) such other services as can reasonably be carried out in conjunction with the provision and management of ambulance and associated services.”

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 22nd October 2008.

Linda Devlin

A senior officer of the

Department of Health, Social Services and Public Safety

EXPLANATORY NOTE

(This note is not part of the Regulations)

This Order amends orders made under Article 10(1) of The Health and Personal Social Services (Northern Ireland) Order 1991 establishing named Health and Social Services Trusts. Article 2 of the Order removes references to the establishments from which the relevant trusts carry out their functions and amends the Schedule. Article 3 removes the references to the Ambulance Control Centres from which the Northern Ireland Ambulance Service Health and Social Services Trust manages ambulance, patients’ transport and communications services.

(1)

See S.I. 1999/283 (N.I. 1) Article 3(6)

(2)

S.I. 1991/194 (N.I. 1), Article 10 and Schedule 3 were amended by S.I. 1994/429 (N.I. 2), S.I. 1997/1177 (N.I. 7) and 2001 c.3 (N.I.)

(3)

S.R. 2006 No. 292 as amended by S.R. 2007 No. 269

(4)

S.R. 2006 No. 293 as amended by S.R. 2007 No. 269

(5)

S.R. 2006 No. 294 as amended by S.R. 2007 No. 269

(6)

S.R. 2006 No. 295 as amended by S.R. 2007 No. 269

(7)

S.R. 2006 No. 296 as amended by S.R. 2007 No. 269

(8)

S.I. 1994/429 (N.I. 2)

(9)

S.R. 1995 No. 143