The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

3. PART II Health and Social Care Regulation and Quality Improvement Authority

   1. 3. The RQIA

   2. 4. General duties in relation to provision of services

   3. 5. Advice and information about services

   4. 6. Regulations and directions

   5. 7. Annual report

4. PART III REGULATION OF ESTABLISHMENTS AND AGENCIES

   1. Preliminary

      1. 8. Regulated establishments and agencies: general interpretation

      2. 9. Children's homes

      3. 10. Residential care homes

      4. 11. Nursing homes

   2. Registration

      1. 12. Requirement to register

      2. 13. Applications for registration

      3. 14. Grant or refusal of registration

      4. 15. Cancellation of registration

      5. 16. Applications by registered persons

      6. 17. Regulations about registration

   3. Registration procedure

      1. 18. Notice of proposals

      2. 19. Right to make representations

      3. 20. Notice of decisions

      4. 21. Urgent procedure for cancellation etc.

      5. 22. Appeals to the Care Tribunal

   4. Regulations

      1. 23. Regulations relating to establishments and agencies

   5. Offences

      1. 24. Failure to comply with conditions

      2. 25. Contravention of regulations

      3. 26. False descriptions of establishments and agencies

      4. 27. False statements in applications

      5. 28. Failure to display certificate of registration

      6. 29. Proceedings for offences

   6. Supplementary

      1. 30. Annual returns

      2. 31. Liquidators etc.

      3. 32. Death of registered person

      4. 33. Provision of copies of register

5. PART IV QUALITY OF HEALTH AND social care

   1. 34. Duty of quality

   2. 35. Role of the RQIA

6. PART V BOARDS AND HSC TRUSTS– ADOPTION, FOSTERING AND CHILDREN UNDER 12

   1. 36. Provision of information

   2. 37. Annual returns

7. PART VI MISCELLANEOUS

   1. 38. Statements of minimum standards

   2. 39. Improvement notices

   3. 40. Power to require information from establishments and agencies and power of entry and inspection

   4. 41. Power to require information from inspections relating to HSC trusts, special agencies and service providers and powers of entry and inspection

   5. 42. Inspections: provisions supplementary to Articles 40 and 41

   6. 43. Restrictions on disclosure of information under Article 40 or 41

   7. 44. The Care Tribunal

   8. 45. Arrangements for provision of accommodation outside Northern Ireland

   9. 46. Rules regarding courses for persons who are or wish to become social workers

   10. 47. Arrangements for provision of pharmaceutical services by pharmacists

   11. 48. Regulations, orders and directions

   12. 49. Transitional provisions and savings

   13. Article 50—Amendments and repeals

8. SCHEDULES

   1. SCHEDULE 1

      THE Health and Social Care Regulation and Quality Improvement Authority

      1. Status

         1. 1. The RQIA shall not be regarded as the servant or agent of the Crown or...

      2. General powers

         1. 2. (1) Subject to any directions given by the Department, the RQIA may do anything which...

      3. General duty

         1. 3. The RQIA shall carry out its functions effectively, efficiently and economically.

      4. Membership

         1. 4. The RQIA shall consist of a chairman and other members appointed by the Department.

      5. Appointment, procedure etc.

         1. 5. The Department may by regulations make provision as to— (a) the appointment of the chairman...

      6. Remuneration and allowances

         1. 6. (1) The RQIA may pay to its chairman, to any other member of the Authority...

      7. Chief executive

         1. 7. (1) There shall be a chief executive of the RQIA who shall be a member...

      8. Staff

         1. 8. (1) The RQIA may appoint such other staff as it considers appropriate. (2) Subject to...

      9. Delegation of functions

         1. 9. The RQIA may arrange for the discharge of any of its functions by a committee,...

      10. Arrangements for the use of staff

          1. 10. The Department may by regulations provide for arrangements under which— (a) members of staff of...

      11. Payments to the RQIA

          1. 11. The Department may make payments to the RQIA of such amounts, at such times and...

      12. Accounts

          1. 12. (1) The RQIA shall— (a) keep proper accounts and proper records in relation to the...

      13. Application of seal and evidence

          1. 13. The application of the seal of the RQIA shall be authenticated by the signature— (a)...

          2. 14. A document purporting to be duly executed under the seal of the RQIA or to...

      14. Default powers of Department

          1. 15. (1) The powers conferred by this paragraph are exercisable by the Department if it is...

      15. Transfer of staff to the RQIA

          1. 16. (1) The Department may by order make a scheme for the transfer to the RQIA...

      16. Transfer of assets and liabilities to the RQIA

          1. 17. (1) The Department may by order transfer or provide for the transfer to the RQIA...

   2. SCHEDULE 2

      THE CARE TRIBUNAL

      1. Constitution of Care Tribunal

         1. 1. (1) There shall be appointed— (a) a panel of persons ( “the chairmen's panel”) who...

      2. Appointment of the panels

         1. 2. (1) The members of the chairmen's panel shall be appointed by the Northern Ireland Judicial...

      3. Tenure of office

         1. 3. (1) Each member of the chairmen's panel or lay panel shall hold and vacate office...

      4. Staff and accommodation

         1. 4. The Department may, with the consent of the Department of Finance and Personnel, provide such...

      5. Remuneration and expenses

         1. 5. (1) The Department may pay any person, in respect of his service as a member...

      6. Attendance allowances

         1. 6. The Department may pay such allowances for the purpose of or in connection with the...

      7. ...................

         1. 7. . . . . . . . . . . . . . . ....

   3. SCHEDULE 3

      TRANSITIONAL PROVISIONS AND SAVINGS

      1. Fostering agencies

         1. 1. The Department may by regulations provide that, if prescribed requirements are satisfied, Article 12 shall...

      2. Voluntary adoption agencies

         1. 2. (1) Where a body is, before the commencement of Article 14, registered under Article 4...

      3. Saving for amendments

         1. 3. The amendments made by paragraphs 2, 3(3) and (4) and 5 of Schedule 1 to...

   4. Schedule 4—Amendments

   5. Schedule 5—Repeals