Health and Social Care (Reform) Act (Northern Ireland) 2009

Transfer of functions of Health and Social Services Boards

24.—(1) The functions exercisable immediately before the date on which section 1(1)(a) comes into operation by Health and Social Services Boards under any statutory provision or by virtue of a direction of the Department shall insofar as they consist of, or relate to—

(a) health improvement functions (within the meaning of section 13), or

(b) health protection functions (within the meaning of that section),

be exercisable as from that date by the Regional Agency.

(2) The other functions exercisable immediately before that date by Health and Social Services Boards under any statutory provision or by virtue of a direction of the Department shall as from that date be exercisable by the Regional Board in accordance with section 8.

(3) Subsections (1) and (2)—

(a) apply only to provisions or directions which have continuing effect; and

(b) are subject to any order under subsection (4).

(4) The Department may by order provide that subsections (1) and (2) are not to apply to any specified function.

(5) An order under subsection (4) may—

(a) provide for a specified function to be exercised by the Department or by a health and social care body; or

(b) provide that a specified function is to cease to be exercised.

(6) Where an order under subsection (4) provides for a specified function to be exercised by a health and social care body, the order may provide for that body to exercise that function on the Department’s behalf.

(7) In this section “specified function” means any function of a Health and Social Services Board specified in an order made under subsection (4).