Disabled Persons (Northern Ireland) Act 1989

11 Interpretation, regulations and orders and repeal. N.I.

(1) In this Act—

• “the 1972 Order” means the M1 Health and Personal Social Services (Northern Ireland) Order 1972;

• “the 1978 Act” means the M2 Chronically Sick and Disabled Persons (Northern Ireland) Act 1978;

• “authorised representative” has the meaning given by section 1(1);

• F1 ...

• [F2 “the Authority” means the Education Authority;]

• “the Department” has the meaning given by section 1(2);

• “the Education Order” means the Education [F3 (Northern Ireland) Order 1996];

• “disabled person” means a person to whom section 1 of the 1978 Act applies;

• F4 ...

• “health services” has the meaning given by Article 2(2) of the 1972 Order;

• “hospital” has the meaning given by Article 2(2) of the 1972 Order;

• “hospital accommodation” means any hospital or special accommodation vested in the Department [F5 or an [F6 HSC] trust];

• [F7 “HSC trust” means a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991;]

• “the Mental Health Order” means the M3 Mental Health (Northern Ireland) Order 1986;

• “mental disorder” has the meaning given by Article 3 of the Mental Health Order;

• “modifications” includes additions, omissions and amendments;

• “parent” [F8 in relation to a disabled person under the age of 16, includes a person who is not a parent of his but who has parental responsibility for him (within the meaning of the Children (Northern Ireland) Order 1995)];

• “personal social services” means services provided F9 ... under Article 4(b) or 15 of the 1972 Order or section 2 of the 1978 Act [F10 or under Part IV of the Children (Northern Ireland) Order 1995];

• [F11 “relevant authority” means an HSC trust that is exercising social care and children functions within the meaning of Article 10A of the Health and Personal Social Services (Northern Ireland) Order 1991;]

• “services” includes facilities;

• “special accommodation” has the meaning given by Article 110 of the Mental Health Order;

• “voluntary organisation” means any association carrying on or proposing to carry on any activities otherwise than for the purpose of gain by the association or by individual members.

[F12 (1A) In this Act any reference to a child who is looked after by a relevant authority has the same meaning as in the Children (Northern Ireland) Order 1995.]

(2) The power to make regulations or an order under this Act shall be exercisable by statutory rule for the purposes of the M4 Statutory Rules (Northern Ireland) Order 1979.

(3) A statutory rule containing regulations or an order under this Act (except an order under section 12(2)) shall be subject to negative resolution within the meaning of section 41(6) of the M5 Interpretation Act (Northern Ireland) 1954 as if this Act were a Measure of the Northern Ireland Assembly.

F13 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Word in s. 11(1) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 131(a); S.R. 2022/102, art. 2(b)

F2 Words in s. 11 inserted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 10(9) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)

F3 Words in definition of the “Education Order” in s. 11(1) substituted (1.9.1997) by S.I. 1996/274 (N.I. 1), art. 43, Sch. 5 Pt. I; S.R. 1997/307, art. 3(d)

F4 Definition of guardian in s. 11(1) repealed (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(2), Sch. 10 (with Sch. 8 para. 1); S.I. 1996/297, art. 2(2)

F5 Words in s. 11(1) added (15.4.1991) by S.I. 1991/194, arts. 1(2), 34, Sch. 5 Pt. II; S.R. 1991/131, art. 2, Sch. Pt. I

F6 Word in s. 11(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 131(b); S.R. 2022/102, art. 2(b)

F7 Words in s. 11(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 131(c); S.R. 2022/102, art. 2(b)

F8 Words in definition of “parent” in s. 11(1) substituted (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 170(1)(a) (with Sch. 8 para. 1); S.I. 1996/297, art. 2(2)

F9 Words in definition of “personal social services” in s. 11(1) repealed (1.4.1994) by S.I. 1994/429 (N.I. 2), arts. 1(3), 7(1)(3), Sch. 1, Sch. 2

F10 Words in definition of “personal social services” in s. 11(1) added (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 170(1)(b) (with Sch. 8 para. 1); S.I. 1996/297, art. 2(2)

F11 Words in s. 11(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 131(d); S.R. 2022/102, art. 2(b)

F12 S. 11(1A) inserted (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 170(2) (with Sch. 8 para. 1); S.I. 1996/297, art. 2(2)

F13 S. 11(4) repealed (1.4.1994) by S.I. 1994/429 (N.I. 2), arts. 1(3), 7(3), Sch. 2

Commencement Information

I1 S. 11 wholly in force at 1.4.1991; s. 11 not in force at Royal Assent see s. 12(2); s. 11(1)-(3) in force at 7.12.1989 by S.R. 1989/474, art. 2, Sch.; s. 11(4) in force at 1.4.1991 by S.R. 1990/456, art. 2, Sch.

Marginal Citations

M1 S.I. 1972/1265 (N.I. 14).

M2 1978 c. 53.

M3 S.I. 1986/595 (N.I. 4).

M4 S.I. 1979/1573 (N.I. 12).

M5 1954 c. 33 (N.I.).