The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 No. 431 (NI. ) xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART I INTRODUCTORY
1.Title and commencement
2.Interpretation
PART II NORTHERN IRELAND HEALTH AND PERSONAL SOCIAL SERVICES REGULATION AND IMPROVEMENT AUTHORITY
3.The Regulation and Improvement Authority
4.General duties in relation to provision of services
5.Advice and information about services
6.Regulations and directions
7.Annual report
PART III REGULATION OF ESTABLISHMENTS AND AGENCIES
Preliminary
8.Regulated establishments and agencies: general interpretation
9.Children’s homes
10.Residential care homes
11.Nursing homes
Registration
12.Requirement to register
13.Applications for registration
14.Grant or refusal of registration
15.Cancellation of registration
16.Applications by registered persons
17.Regulations about registration
Registration procedure
18.Notice of proposals
19.Right to make representations
20.Notice of decisions
21.Urgent procedure for cancellation etc.
22.Appeals to the Care Tribunal
Regulations
23.Regulations relating to establishments and agencies
Offences
24.Failure to comply with conditions
25.Contravention of regulations
26.False descriptions of establishments and agencies
27.False statements in applications
28.Failure to display certificate of registration
29.Proceedings for offences
Supplementary
30.Annual returns
31.Liquidators etc.
32.Death of registered person
33.Provision of copies of register
PART IV QUALITY OF HEALTH AND PERSONAL SOCIAL SERVICES
34.Duty of quality
35.Role of the Regulation and Improvement Authority
PART V BOARDS AND HSS TRUSTS – ADOPTION, FOSTERING AND CHILDREN UNDER 12
36.Provision of information
37.Annual returns
PART VI MISCELLANEOUS
38.Statements of minimum standards
39.Improvement notices
40.Power to require information from establishments and agencies and power of entry and inspection
41.Power to require information from inspections relating to Boards and HSS trusts, etc. and powers of entry and inspection
42.Inspections: provisions supplementary to Articles 40 and 41
43.Restrictions on disclosure of information under Article 40 or 41
44.The Care Tribunal
45.Arrangements for provision of accommodation outside Northern Ireland
46.Rules regarding courses for persons who are or wish to become social workers
47.Arrangements for provision of pharmaceutical services by pharmacists
48.Regulations, orders and directions
49.Transitional provisions and savings
50.Amendments and repeals
Signature
SCHEDULES
SCHEDULE 1
THE NORTHERN IRELAND HEALTH AND PERSONAL SOCIAL SERVICES REGULATION AND IMPROVEMENT AUTHORITY
Status
1.The Regulation and Improvement Authority shall not be regarded as...
General powers
2.(1) Subject to any directions given by the Department, the...
General duty
3.The Regulation and Improvement Authority shall carry out its functions...
Membership
4.The Regulation and Improvement Authority shall consist of a chairman...
Appointment, procedure etc.
5.The Department may by regulations make provision as to—
Remuneration and allowances
6.(1) The Regulation and Improvement Authority may pay to its...
Chief executive
7.(1) There shall be a chief executive of the Regulation...
Staff
8.(1) The Regulation and Improvement Authority may appoint such other...
Delegation of functions
9.The Regulation and Improvement Authority may arrange for the discharge...
Arrangements for the use of staff
10.The Department may by regulations provide for arrangements under which—...
Payments to the Regulation and Improvement Authority
11.The Department may make payments to the Regulation and Improvement...
Accounts
12.(1) The Regulation and Improvement Authority shall—
Application of seal and evidence
13.The application of the seal of the Regulation and Improvement...
14.A document purporting to be duly executed under the seal...
Default powers of Department
15.(1) The powers conferred by this paragraph are exercisable by...
Transfer of staff to the Regulation and Improvement Authority
16.(1) The Department may by order make a scheme for...
Transfer of assets and liabilities to the Regulation and Improvement Authority
17.(1) The Department may by order transfer or provide for...
SCHEDULE 2
THE CARE TRIBUNAL
Constitution of Care Tribunal
1.(1) There shall be appointed— (a) a panel of persons...
Appointment of the panels
2.(1) The members of the chairmen’s panel shall be appointed...
Tenure of office
3.(1) Each member of the chairmen’s panel or lay panel...
Staff and accommodation
4.The Department may, with the consent of the Department of...
Remuneration and expenses
5.(1) The Department may pay any person, in respect of...
Attendance allowances
6.The Department may pay such allowances for the purpose of...
Temporary provision
7.Until the commencement of section 5(1) of the Justice (Northern...
SCHEDULE 3
TRANSITIONAL PROVISIONS AND SAVINGS
Fostering agencies
1.The Department may by regulations provide that, if prescribed requirements...
Voluntary adoption agencies
2.(1) Where a body is, before the commencement of Article...
Saving for amendments
3.The amendments made by paragraphs 2, 3(3) and (4) and...
SCHEDULE 4
AMENDMENTS
The Superannuation (Northern Ireland) Order 1972 (NI 10)
The Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14)
The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
The Mental Health (Northern Ireland) Order 1986 (NI 4)
The Adoption (Northern Ireland) Order 1987 (NI 22)
The Disabled Persons (Northern Ireland) Act 1989 (c. 10)
The Children (Northern Ireland) Order 1995 (NI 2)
The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7)
The Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3)
The Adoption (Intercountry Aspects) Act (Northern Ireland) 2001 (c. 11)
The Justice (Northern Ireland) Act 2002 (c. 26)
The Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (NI 00)
SCHEDULE 5
REPEALS
Explanatory Note