21 January 2009
A commentary on the provisions follows below. Comments are not given where the wording is self-explanatory.
Provides for the restructuring of the administration of health and social care. It provides for the dissolution of the Health and Social Services Councils, Central Services Agency, Health and Social Services Boards, and Mental Health Commission. It also provides that Health and Social Services trusts will be known as Health and Social Care trusts, special health and social services agencies will be known as special health and social care agencies, and the Health and Personal Social Services Regulation and Improvement Authority will be known as the Health and Social Care Regulation and Quality Improvement Authority.
Sets out the Department’s general duty in relation to the provision of health and social care in Northern Ireland. For example, the Department has the duty to promote an integrated system of health and social care designed to secure improvement in the physical and mental health and social well-being of people in Northern Ireland. Among other things, the Department also has a duty to develop policies for reducing health inequalities between the people in Northern Ireland.
Sets out the Department’s general power and provides that the Department may provide or secure the provision of such health and social care as it considers appropriate to the discharge of its duty.
Requires the Department to determine and, where appropriate, revise priorities and objectives in relation to the provision of health and social care. In setting such objectives, there is an onus on the Department to consult with such bodies or persons as it considers appropriate. The section also provides the Department with the power to give directions without consulting in cases where the urgency of the matter necessitates it but requires the Department in cases where the duty to consult has been set aside because of the urgency of the matter, to report retrospectively to all appropriate bodies or persons as to its reason for taking this course of action.
Requires the Department to prepare a framework document which sets out the main priorities, objectives, guidance and other matters for each health and social care body in connection with the carrying out of its functions. The Department must also keep the framework document under review and may, from time to time, revise it.
Provides a power for the Department to give directions (either general or specific) to the Regional Health and Social Care Board, Regional Agency for Public Health and Social Well-being and Regional Business Services Organisation as to how they should carry out their functions. The Department is also required to consult with those bodies before issuing directions but the section also provides the Department with the power to give directions without consulting in cases where the urgency of the matter necessitates it but requires the Department in cases where the duty to consult has been set aside because of the urgency of the matter, to report retrospectively to all appropriate bodies or persons as to its reason for taking this course of action.
Provides for the establishment of the Regional Health and Social Care Board (Regional Board). It also introduces Schedule 1 which deals with the constitution of the Regional Board and also covers supplementary provisions including committees, sub-committees, finance and accounts of the Regional Board.
Sets out the functions of the Regional Board as being those transferred to it from existing Health and Social Services Boards and any other functions which the Department directs it to exercise.
Requires the Regional Board to appoint a prescribed number of Local Commissioning Groups and provides that in exercising their functions, these groups should have regard to, inter alia, improving the health and social well-being of people in the area within which the Local Commissioning Group exercises its functions and improving the availability and quality of health and social care in that area.
Provides a power for the Regional Board to issue guidance to Health and Social Care trusts as to how they are to carry out all their functions and, where a Trust fails to have regard to such guidance, to issue directions (either general or specific) to that Trust as to the manner in which it should carry out that function.
Requires Health and Social Care trusts to provide the Regional Board with relevant information and reports in relation to their functions. The section also provides that the information must be recorded in such a form and kept for such a time as the Regional Board may require.
Provides for the establishment of the Regional Agency for Public Health and Social Well-being. It also introduces Schedule 2 which deals with the constitution of the Regional Agency for Public Health and Social Well-being and covers supplementary provisions including its committees, sub-committees, finance and accounts.
Sets out the functions of the Regional Agency for Public Health and Social Well-being in relation to the areas of health improvement and health protection. The section also provides that in exercising its functions, the Regional Agency for Public Health and Social Well-being must co-operate with other bodies which exercise functions relating to health improvement or protection.
Provides for the establishment of the Regional Business Services Organisation. It also introduces Schedule 3 which deals with the constitution of the Regional Business Services Organisation and covers supplementary provisions including its committees, sub-committees, finance and accounts.
Sets out the functions of the Regional Business Services Organisation and places a duty on the Regional Business Services Organisation to put in place arrangements which will secure the provision of those services in the most economic, efficient and effective way.
Provides for the establishment of the Patient and Client Council. It also introduces Schedule 4 which sets out detailed arrangements for the operation of the Patient and Client Council, and deals with its status, constitution, remuneration, staffing, procedures, finance and annual reports.
Sets out the functions and certain requirements placed on the Patient and Client Council. These functions include: representing the interests of the public, promoting the involvement of the public, providing assistance to individuals making or intending to make a complaint relating to health and social care and promoting the provision by the Department and health and social care bodies of advice and information to the public about the design, commissioning and delivery of health and social care. The section also provides that the Patient and Client Council shall carry out research into the best methods for consulting with the public about involving them in health and social care and to provide advice about these methods to certain health and social care bodies.
Requires certain health and social care bodies to co-operate with the Patient and Client Council in carrying out its functions. Furthermore, it requires those health and social care bodies to have due regard to advice provided by the Patient and Client Council about the health and social care for which that particular body is responsible.
Requires the Department, Regional Health and Social Care Board, Regional Agency for Public Health and Social Well-being, Health and Social Care trusts, and special agencies to promote information about the health and social care for which they are responsible and to seek views from the recipients of health and social care either directly or through representative bodies. It also requires the health and social care bodies to prepare a consultation scheme in accordance with section 20.
Requires the Department, Regional Health and Social Care Board, Regional Agency for Public Health and Social Well-being, Health and Social Care trusts, and special agencies to show, in their consultation schemes, what arrangements are in place to consult with the Patient and Client Council and recipients of health and social care. The consultation scheme will also need to prepare a written statement which summarises the comments received and sets out the health and social care body’s response to those comments.
Places a duty on each HSC trust to exercise its functions with the aim of improving the health and social well-being of, and reducing health inequalities between, those for whom it provides or may provide health and social care.
Enables the Department, and certain health and social care bodies to form, or participate in forming, public-private partnerships to provide facilities or services for the promotion or provision of health and social care.
Requires the Department to make a scheme or schemes for the transfer of assets and liabilities of a health and social care body that has been dissolved. It also introduces Schedule 5 which deals with the transfer of assets and liabilities and outlines the arrangements for the completion of annual reports and accounts of health and social care bodies that have been dissolved.
Provides for the transfer of certain functions of the existing Health and Social Services Boards to the Regional Agency for Public Health and Social Well-being or to the Regional Health and Social Care Board.
Provides for the transfer of the functions exercisable by the Mental Health Commission to the Regulation and Quality Improvement Authority.
Provides for the transfer of the functions exercisable by the Central Services Agency to the Regional Business Services Organisation.
Applies to sections 24, 25 and 26 and deals with amendments to any statutory and other references to health and social care bodies that have been dissolved.
Provides for the dissolution of special agencies.
Contains provision about the procedure for making subordinate legislation under the Act and provides that any guidance issued or directions given by the Department may be varied or revoked by subsequent guidance or directions.
Allows the Department to make further provision in connection with implementing the Act.
Applies the Interpretation Act (Northern Ireland) 1954 to the Act and defines other terms.
Introduces Schedule 6 which deals with amendments to other legislation as a result of the Act.
Introduces Schedule 7 which contains repeals of other legislation as a result of the Act.
Stipulates when the provisions of the Act will come into operation either from a date set out in the Act or a date subsequently decided by the Department.
Sets out the title of the Act.