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The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003
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- ISBN 0-11-044345-4
- SCHEDULE 1
- Default powers of Department
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Draft Legislation:
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 No. 431
Default powers of Department
15.—(1) The powers conferred by this paragraph are exercisable by the Department if it is satisfied that the Regulation and Improvement Authority—
(a)has without reasonable excuse failed to discharge any of its functions; or
(b)in discharging any of its functions, has without reasonable excuse failed to comply with any directions given to it under Article 6(2) in relation to those functions.
(2) The Department may—
(a)make an order declaring the Council to be in default; and
(b)direct the Council to discharge such of its functions, and in such manner and within such period or periods, as may be specified in the direction.
(3) If the Regulation and Improvement Authority fails to comply with the Department’s direction under sub-paragraph (2), the Department may—
(a)discharge the functions to which the direction relates itself; or
(b)make arrangements for any other person to discharge those functions on its behalf.
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