Draft Order laid before Parliament under section 84(4) of the Northern Ireland Act 1998, for approval by resolution of each House of Parliament.
2022 No.
The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022
Made
Coming into force
At the Court at ***, the *** day of 2022
Present,
The Queen’s Most Excellent Majesty in Council
In accordance with section 84(4) of the Northern Ireland Act 19981, a draft of this Order has been laid before and approved by a resolution of each House of Parliament.
Accordingly, Her Majesty, in exercise of the powers conferred on Her by section 84(2)(a) of the Northern Ireland Act 1998, is pleased, by and with the advice of Her Privy Council, to order as follows.
PART 1Citation, commencement and extent
Citation and commencement1
1
This Order may be cited as the Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022.
2
This Order comes into force at the end of the period of 21 days beginning with the day on which it is made.
Extent2
1
Parts 1 and 2 of this Order extend to England and Wales, Scotland and Northern Ireland.
2
Part 3 of this Order extends to England and Wales and Scotland only.
3
Part 4 of this Order extends to England and Wales only.
4
Part 5 of this Order extends to Scotland only.
5
Part 6 of this Order extends to Northern Ireland only.
PART 2The United Kingdom
Northern Ireland Assembly Disqualification Act 19753
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 19752 (other disqualifying offices), omit the entry for the chair or any member of the Regional Health and Social Care Board.
House of Commons Disqualification Act 19754
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 19753 (other disqualifying offices), omit the entry for the chair or any member of the Regional Health and Social Care Board.
Value Added Tax Act 19945
In Part 2 of Schedule 8 (Zero-rated supplies of goods and services: groups) to the Value Added Tax Act 19944—
a
in the Notes to Group 12 (zero rating of medical goods and services), omit Note (5H)(c)5;
b
in the Notes to Group 15 (zero rating of goods and services in relation to charities), omit Note (4)(c)6.
Merchant Shipping Act 19956
1
Section 40 of the Merchant Shipping Act 19957 (claims against seaman’s wages for maintenance, etc. of dependants) is amended as follows.
2
In subsection (10), for “a Health and Social Services Board acting on behalf of that Department” substitute “a Health and Social Care trust”
.
3
In subsection (11)—
a
for “Health and Social Services Board”, in both places it occurs, substitute “Health and Social Care trust”
;
b
for the words from “such a Board” to the end substitute “a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)).”
.
Immigration and Asylum Act 19997
1
The Immigration and Asylum Act 19998 is amended as follows.
2
In section 110(9)9 (payments to local authorities: definition of “Northern Ireland authority”)—
a
omit paragraph (b) and the “or” at the end of that paragraph;
b
in paragraph (c), for “Health and Social Services trust” substitute “Health and Social Care trust”
.
3
In Schedule 9 (asylum support: interim provisions), in paragraph 1(3), for the words from “a Health and Social” to “1972” substitute “a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1))10”
.
Regulation of Investigatory Powers Act 20008
In Schedule 1 to the Regulation of Investigatory Powers Act 200011 (relevant public authorities)—
a
in paragraph 3512, for “Health and Social Services trust” substitute “Health and Social Care trust”
;
b
omit paragraph 3613;
c
for paragraph 3814 substitute—
38
The Regional Business Services Organisation.
Nationality, Immigration and Asylum Act 20029
In section 133(4)(d) of the Nationality, Immigration and Asylum Act 200215 (medical inspectors: health service bodies)—
a
omit sub-paragraph (i);
b
in sub-paragraph (ii), for “Health and Social Services trust” substitute “Health and Social Care trust”
.
Finance Act 200310
1
The Finance Act 200316 is amended as follows.
2
In section 61(3) (compliance with planning obligations: public authorities), in the table, under the heading “Health: Northern Ireland”—
a
for the entry relating to a Health and Social Services Board, substitute “The Regional Agency for Public Health and Social Well-being”
;
b
in the entry relating to a Health and Social Services Trust, for “Health and Social Services Trust” substitute “Health and Social Care trust”
.
3
In section 66(4) (transfers involving public bodies), in the table, under the heading “Health: Northern Ireland”—
a
for the entry relating to a Health and Social Services Board, substitute “The Regional Agency for Public Health and Social Well-being”
;
b
in the entry relating to a Health and Social Services Trust, for “Health and Social Services Trust” substitute “Health and Social Care trust”
.
Corporation Tax Act 201011
In section 986 of the Corporation Tax Act 201017 (meaning of “health service body”), in the table—
a
omit the entry relating to a Health and Social Services Board;
b
omit the entry relating to the Northern Ireland Central Services Agency for the Health and Social Services;
c
after the entry relating to “a Primary Care Trust” insert—
the Regional Agency for Public
Health and Social Well-being
section 12(1) of the Health and Social
Care (Reform) Act (Northern Ireland)
2009
the Regional Business Services
Organisation
section 14(1) of the Health and Social
Care (Reform) Act (Northern Ireland)
2009
Data Protection Act 201812
1
The Data Protection Act 201818 is amended as follows.
2
Omit section 204(4)(p) (meaning of “health service body”: the Regional Health and Social Care Board).
3
In Schedule 3 (exemptions etc from the UK GDPR: health, social work, education and child abuse data), in paragraph 8—
a
in sub-paragraph (1)(b), for “the Regional Health and Social Care Board” substitute “the Department of Health in Northern Ireland or any person or body exercising functions by virtue of paragraph 22A of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 199119”
;
b
in sub-paragraph (1)(c), for sub-paragraph (i) substitute—
i
in the exercise of social care and children functions within the meaning of Article 10A of the Health and Personal Social Services (Northern Ireland) Order 199120,
ia
in connection with the provision of social care within the meaning of section 2(5) of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.)) by virtue of a delegation direction under Article 10B of the Health and Personal Social Services (Northern Ireland) Order 199121, or
PART 3England and Wales and Scotland
Dentists Act 198413
1
The Dentists Act 198422 is amended as follows.
2
In section 26B(8)23 (bodies to be consulted before issuing guidance for registered dentists)—
a
omit “and” at the end of paragraph (c);
b
in paragraph (d), for “Health and Social Services Boards” substitute “Health and Social Care trusts”
;
c
at the end of paragraph (d) insert—
; and
e
the Department of Health in Northern Ireland.
3
In section 36M(8)24 (bodies to be consulted before issuing guidance for registered dental care professionals)—
a
omit “and” at the end of paragraph (c);
b
in paragraph (d), for “Health and Social Services Boards” substitute “Health and Social Care trusts”
;
c
at the end of paragraph (d) insert—
; and
e
the Department of Health in Northern Ireland.
4
In section 50D(4)25 (bodies to be consulted before making rules)—
a
omit “and” at the end of paragraph (c);
b
in paragraph (d), for “Health and Social Services Boards” substitute “Health and Social Care trusts”
;
c
at the end of paragraph (d) insert—
; and
e
the Department of Health in Northern Ireland.
Children Act 198914
In Schedule 2 to the Children Act 1989 (support for children and families provided by local authorities in England)26, in paragraph 24(3), for paragraph (b) substitute—
b
a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)).
Opticians Act 198915
In section 27(3)(e) of the Opticians Act 198927 (requirements for sale and supply of optical appliances), for sub-paragraph (iii) substitute—
iii
has not been certified as sight-impaired or severely sight-impaired and in consequence registered as sight-impaired or severely sight-impaired in a register maintained by or on behalf of the Department of Health in Northern Ireland.
Freedom of Information Act 200016
In Schedule 1 to the Freedom of Information Act 200028 (public authorities)—
a
omit paragraph 46;
b
omit paragraph 47;
c
in paragraph 48, for “Health and Social Services Trust” substitute “Health and Social Care trust”
;
d
omit paragraph 50.
Adoption and Children Act 200217
1
The Adoption and Children Act 200229 is amended as follows.
2
In section 63 (counselling)—
a
in subsection (4)(a), for the words from “Health and Social Services Board” to the end of the paragraph substitute “Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I.)),”
;
b
omit subsection (5).
3
In section 65(2)(b) (regulation-making authority in Northern Ireland), for the words from “Health and Social Services Board” to “(N.I. 14))” substitute “Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I.))”
.
Corporate Manslaughter and Corporate Homicide Act 200718
In section 6(7) of the Corporate Manslaughter and Corporate Homicide Act 200730 (organisations without “relevant duty of care” in some circumstances), in the definition of “relevant NHS body”, in paragraph (d), for “Health and Social Services trust or Health and Social Services Board” substitute “Health and Social Care trust”
.
Modern Slavery Act 201519
In Schedule 3 to the Modern Slavery Act 201531 (public authorities under a duty to co-operate with the Commissioner), omit the entry for the Regional Health and Social Care Board.
PART 4England and Wales
Adoption and Children Act 200220
In Schedule 2 to the Adoption and Children Act 200232 (disclosure of birth records by Registrar General), in paragraph 2—
a
in sub-paragraph (1)(d), for “Board” substitute “Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I.))”
;
b
omit sub-paragraph (3).
Domestic Violence, Crime and Victims Act 200421
In section 9(4)(b) of the Domestic Violence, Crime and Victims Act 200433 (bodies or persons who may be directed to establish or participate in a domestic homicide review)—
a
omit the words from “Health and Social Services Boards” to “(N.I. 14));”;
b
for “Health and Social Services trusts” substitute “Health and Social Care trusts”
.
Emergency Workers (Obstruction) Act 200622
In section 1(5)(b) of the Emergency Workers (Obstruction) Act 200634 (offence of obstructing etc. emergency workers: meaning of “relevant NHS body” in relation to Northern Ireland), for “Health and Social Services trust or Health and Social Services Board” substitute “Health and Social Care trust”
.
National Health Service Act 200623
1
The National Health Service Act 200635 is amended as follows.
2
In section 9(4) (NHS contracts: meaning of “health service body”)—
a
for paragraph (g) substitute—
g
the Regional Agency for Public Health and Social Well-being,
b
for paragraph (o) substitute—
o
the Regional Business Services Organisation,
c
in paragraph (q), for “Health and Social Services trust” substitute “Health and Social Care trust”
.
3
In section 10(1) (provision for bodies in Northern Ireland), for the words from “a Health and Social Services Board” to “(N.I. 14))” substitute “the Regional Agency for Public Health and Social Well-being”
.
National Health Service (Wales) Act 200624
1
The National Health Service (Wales) Act 200636 is amended as follows.
2
In section 7(4) (NHS contracts: meaning of “health service body”)—
a
for paragraph (g) substitute—
g
the Regional Agency for Public Health and Social Well-being,
b
for paragraph (o) substitute—
o
the Regional Business Services Organisation,
c
in paragraph (q), for “Health and Social Services trust” substitute “Health and Social Care trust”
.
3
In section 8(1) (provision for bodies in Northern Ireland) for the words from “a Health and Social Services Board” to “(N.I. 14))” substitute “the Regional Agency for Public Health and Social Well-being”
.
PART 5Scotland
National Health Service (Scotland) Act 197825
1
The National Health Service (Scotland) Act 197837 is amended as follows.
2
In section 17A(2)38 (persons or bodies who may enter into NHS contracts)—
a
for paragraph (l) substitute—
l
the Regional Agency for Public Health and Social Well-being;
b
for paragraph (n) substitute—
n
the Regional Business Services Organisation;
c
in paragraph (p), for “Health and Social Services trusts” substitute “Health and Social Care trusts”
.
3
In section 17B39 (reimbursement of Health Boards’ costs)—
a
in subsection (1), for “Health and Social Services Board” substitute “Health and Social Care trust”
;
b
for subsection (4) substitute—
4
In subsection (1)—
a
“Health and Social Care trust” means a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)); and
b
the reference to a function of a Health and Social Care trust is a reference to a function of such a trust mentioned in Article 10(1) of that Order.
4
In Schedule 7A40 (National Health Service trusts), in paragraph 22(1)—
a
in paragraph (c), at the end insert “or is within the functions of a Health and Social Care trust mentioned in Article 10(1) of the Health and Personal Social Services (Northern Ireland) Order 1991(S.I. 1991/194 (N.I. 1))”
;
b
in the words following paragraph (c), for “Health and Social Services Board” substitute “Health and Social Care trust”
.
Commissioner for Children and Young People (Scotland) Act 200326
In section 16 of the Commissioner for Children and Young People (Scotland) Act 200341 (interpretation), in the definition of “Northern Ireland authority”, for the words from “any authority” to the end substitute “an authority within the meaning of Article 2(2) of the Children (Northern Ireland) Order 199542”
.
Adoption and Children (Scotland) Act 200727
In section 55 of the Adoption and Children (Scotland) Act 200743 (connections between the register and birth records)—
a
in subsection (4)(c), for “Board” substitute “HSC trust”
;
b
in subsection (5)(c), for “Board” substitute “HSC trust”
;
c
in subsection (8), for the definition of “Board” substitute—
“HSC trust” means a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)),
PART 6Northern Ireland
Immigration Act 197128
In section 24(1)(d) of the Immigration Act 197144 (failure to report to medical officer or submit to medical test or examination), for “chief administrative medical officer of a Health and Social Services Board” substitute “Director of Public Health for Northern Ireland”
.
(This note is not part of the Order)