Health and Social Care Act (Northern Ireland) 2022

Statutory provisions to continue to operate in relation to Groups as continued

1.—(1) The following provisions continue to apply to or in relation to Local Commissioning Groups and their members—

(a) section 9(2), (3)(a), (4), (5) and (6)(a) and (c) of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (“the 2009 Act”);

(b) paragraphs 8 to 11(1) of Schedule 1 to the 2009 Act, so far as those paragraphs apply to, or relate to, committees of the Regional Board and their members;

(c) regulations 1, 2(2) and 3 of, and the Schedule to, the Local Commissioning Groups (Number, Area and Functions) Regulations (Northern Ireland) 2009 (S.R. 2009/99);

(d) the Local Commissioning Groups (Membership) Regulations (Northern Ireland) 2009 (S.R. 2009/395) (the “Membership Regulations”), except regulation 3(1) to (3) (appointments);

but this is subject to the modifications made by sub-paragraph (2).

(2) The provisions applied by sub-paragraph (1) are modified as follows—

(a) the power conferred by paragraph 9 of Schedule 1 to the 2009 Act is conferred on the Department, and in that paragraph the words “Without prejudice to section 19(1)(a)(v) of the Interpretation Act (Northern Ireland) 1954 (c. 33)” are omitted;

(b) in the Membership Regulations—

(i) references (however expressed) to employment by the Regional Board are to be read as references to employment by the Department or the Regional Business Services Organisation;

(ii) other references to the Regional Board are to be read as references to the Department.

2.  Paragraph 1 does not affect the continued operation of any other statutory provision that applies to, or relates to, Local Commissioning Groups.