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Health and Social Care Act (Northern Ireland) 2022

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Health and Social Care Act (Northern Ireland) 2022, SCHEDULE 1 is up to date with all changes known to be in force on or before 24 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Section 2.

SCHEDULE 1N.I.Transfer of the Regional Board’s functions

This schedule has no associated Explanatory Notes

Factories Act (Northern Ireland) 1965N.I.

1.  In section 176(1) of the Factories Act (Northern Ireland) 1965, omit the definition of “Health and Social Services Board”.N.I.

Commencement Information

I1Sch. 1 para. 1 not in operation at Royal Assent, see s. 8(1)(b)

I2Sch. 1 para. 1 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Children and Young Persons Act (Northern Ireland) 1968N.I.

2.  In section 96(1) of the Children and Young Persons Act (Northern Ireland) 1968, omit “Board or”.N.I.

Commencement Information

I3Sch. 1 para. 2 not in operation at Royal Assent, see s. 8(1)(b)

I4Sch. 1 para. 2 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Superannuation (Northern Ireland) Order 1972N.I.

3.  In Schedule 1 to the Superannuation (Northern Ireland) Order 1972, omit the reference to the Regional Health and Social Care Board.N.I.

Commencement Information

I5Sch. 1 para. 3 not in operation at Royal Assent, see s. 8(1)(b)

I6Sch. 1 para. 3 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Health and Personal Social Services (Northern Ireland) Order 1972N.I.

4.  The 1972 Order is amended as follows.N.I.

Commencement Information

I7Sch. 1 para. 4 not in operation at Royal Assent, see s. 8(1)(b)

I8Sch. 1 para. 4 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

5.  In Article 2(2), after the definition of “Article 15B arrangements” insert—N.I.

authorised HSC trust” 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;.

Commencement Information

I9Sch. 1 para. 5 not in operation at Royal Assent, see s. 8(1)(b)

I10Sch. 1 para. 5 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

6.—(1) Article 15 is amended as follows.N.I.

(2) Before paragraph (1) insert—

(A1) The functions conferred by this Article are to be exercised as part of the system of social care designed to secure improvement in the social well-being of people in Northern Ireland mentioned in section 2(1)(b) of the 2009 Act..

(3) In paragraph (1), for the words from the beginning to “the Ministry” substitute “An authorised HSC trust”.

(4) In paragraph (1A), for “the Department” substitute “the trust”.

(5) In paragraph (1B)—

(a)for “The Department” substitute “An authorised HSC trust”;

(b)in sub-paragraphs (a) and (c), and in the text following sub-paragraph (c), for “the Department” substitute “the trust”.

(6) In paragraph (2), for “the Ministry” substitute “the trust”.

(7) In paragraph (3)—

(a)for “the Ministry” (in the first place) substitute “a trust”;

(b)for “the Ministry” (in the second place) substitute “the trust”.

(8) In paragraph (4)—

(a)for “the Ministry” (in the first place) substitute “A trust”;

(b)for “the Ministry” (in the second place) substitute “the trust”.

(9) In paragraph (7) (as inserted by section 121(2) of the Immigration and Asylum Act 1999) for “the Department” substitute “an HSC trust”.

Commencement Information

I11Sch. 1 para. 6 not in operation at Royal Assent, see s. 8(1)(b)

I12Sch. 1 para. 6 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

7.—(1) Article 15B is amended as follows.N.I.

(2) In paragraph (1)—

(a)for “A Health and Social Services Board” substitute “The Department”;

(b)omit “with respect to its area”;

(c)in sub-paragraphs (a) and (b), for “the Board” substitute “the Department”.

(3) In paragraph (3), for “the Health and Social Services Board concerned” substitute “the Department”.

(4) Omit paragraphs (4) and (5).

Commencement Information

I13Sch. 1 para. 7 not in operation at Royal Assent, see s. 8(1)(b)

I14Sch. 1 para. 7 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

8.—(1) Article 15C is amended as follows.N.I.

(2) In paragraph (1), for “A Health and Social Services Board” substitute “The Department”.

(3) In paragraph (2), in the definition of “HSC employee”, for “a Health and Social Services Board” substitute “the RBSO”.

Commencement Information

I15Sch. 1 para. 8 not in operation at Royal Assent, see s. 8(1)(b)

I16Sch. 1 para. 8 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

9.—(1) Article 15D is amended as follows.N.I.

(2) In paragraphs (2) and (3), for “Health and Social Services Boards” substitute “the Department”.

(3) In paragraph (3A), for “directions given” substitute “any scheme made”.

(4) In paragraph (3B), for “direction” (in each place) substitute “scheme”.

(5) After paragraph (3B) insert—

(3BA) The Department must publish a scheme under paragraph (3A) in such manner as it thinks appropriate..

(6) In paragraph (3C), for “a Health and Social Services Board” substitute “the Department”.

(7) In paragraph (3D)—

(a)in sub-paragraph (a), for “the Department” substitute “a prescribed body”;

(b)in sub-paragraph (b), for “the Department, or a person appointed by it,” substitute “that body”.

(8) After paragraph (3D) insert—

(3DA) Regulations making provision as to the matters referred to in paragraph (3D)(a) and (b) may make provision—

(a)as to the members of the body, including the terms and conditions of their appointment;

(b)for the payment of fees and allowances to members of the body..

Commencement Information

I17Sch. 1 para. 9 not in operation at Royal Assent, see s. 8(1)(b)

I18Sch. 1 para. 9 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

10.  Omit Article 17.N.I.

Commencement Information

I19Sch. 1 para. 10 not in operation at Royal Assent, see s. 8(1)(b)

I20Sch. 1 para. 10 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

11.  In Article 18(6), omit sub-paragraphs (a) and (b).N.I.

Commencement Information

I21Sch. 1 para. 11 not in operation at Royal Assent, see s. 8(1)(b)

I22Sch. 1 para. 11 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

12.  In Article 21(1), in sub-paragraphs (a) and (b), for “the Regional Board” substitute “the Department”.N.I.

Commencement Information

I23Sch. 1 para. 12 not in operation at Royal Assent, see s. 8(1)(b)

I24Sch. 1 para. 12 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

13.—(1) Article 36 is amended as follows.N.I.

(2) In paragraph (2A), for the words from “the ordinary residence” to the end substitute “whether a person is ordinarily resident in the operational area of an authorised HSC trust is to be determined by the trust.”.

(3) In paragraph (3)—

(a)for “the Department” (in the first place) substitute “the HSC trust”;

(b)for “the Department” (in the second place) substitute “the trust”.

(4) In paragraph (4), for “the Department” substitute “the HSC trust”.

(5) In paragraph (5)—

(a)for “the Department” (in the first place) substitute “the HSC trust”;

(b)for “the Department” (in the second place) substitute “the trust”.

(6) In paragraph (7)—

(a)for “the Department” (in the first place) substitute “the HSC trust”;

(b)for “the Department” (in every other place) substitute “the trust”.

(7) In paragraph (8)—

(a)for “The Department” substitute “An HSC trust”;

(b)for “the Department” (in both places) substitute “the trust”.

Commencement Information

I25Sch. 1 para. 13 not in operation at Royal Assent, see s. 8(1)(b)

I26Sch. 1 para. 13 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

14.  In Article 37—N.I.

(a)for “The Ministry” substitute “Each authorised HSC trust”;

(b)after “for persons” insert “within its operational area”.

Commencement Information

I27Sch. 1 para. 14 not in operation at Royal Assent, see s. 8(1)(b)

I28Sch. 1 para. 14 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

15.—(1) Article 38 is amended as follows.N.I.

(2) In paragraph (1)—

(a)for “the Ministry” (in the first place) substitute “the appropriate HSC trust”;

(b)for “the Ministry” (in the second place) substitute “the trust”.

(3) After paragraph (1) insert—

(1A) The “appropriate HSC trust” is the HSC trust in whose operational area the person resides..

(4) In paragraph (3)—

(a)for “the Ministry” (in the first place) substitute “an HSC trust”;

(b)for “the Ministry” (in the second place) substitute “the trust”.

(5) In paragraph (4), for “The Ministry” substitute “An HSC trust”.

Commencement Information

I29Sch. 1 para. 15 not in operation at Royal Assent, see s. 8(1)(b)

I30Sch. 1 para. 15 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

16.—(1) Article 39 is amended as follows.N.I.

(2) In paragraph (1)—

(a)for “The Ministry” substitute “An authorised HSC trust”;

(b)for “the Ministry” substitute “the trust”.

(3) In paragraph (2), for “The Ministry” substitute “The trust”.

(4) In paragraphs (3) and (4), for “the Ministry” substitute “the trust”.

Commencement Information

I31Sch. 1 para. 16 not in operation at Royal Assent, see s. 8(1)(b)

I32Sch. 1 para. 16 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

17.  In Article 51, omit the words from “authorise” to “itself”.N.I.

Commencement Information

I33Sch. 1 para. 17 not in operation at Royal Assent, see s. 8(1)(b)

I34Sch. 1 para. 17 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

18.  In Article 53(1A), omit sub-paragraph (a).N.I.

Commencement Information

I35Sch. 1 para. 18 not in operation at Royal Assent, see s. 8(1)(b)

I36Sch. 1 para. 18 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

19.—(1) Article 55 is amended as follows.N.I.

(2) In paragraph (2), for “A Health and Social Services Board” substitute “The Department”.

(3) In paragraph (3), for “a Health and Social Services Board” and “the Health and Social Services Board” substitute “the Department”.

(4) In paragraphs (4), (5) and (6), for “the Health and Social Services Board” substitute “the Department”.

Commencement Information

I37Sch. 1 para. 19 not in operation at Royal Assent, see s. 8(1)(b)

I38Sch. 1 para. 19 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

20.—(1) Article 55A is amended as follows.N.I.

(2) In paragraph (1), for “a Health and Social Services Board” substitute “the Department”.

(3) In paragraph (2), for “any other power to require a Health and Social Services Board” substitute “any other duty on the Department”.

(4) In paragraph (5)—

(a)for “A Health and Social Services Board” substitute “The Department”;

(b)for “the Board” substitute “the Department”.

(5) In paragraphs (6) and (7), for “the Health and Social Services Board” substitute “the Department”.

Commencement Information

I39Sch. 1 para. 20 not in operation at Royal Assent, see s. 8(1)(b)

I40Sch. 1 para. 20 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

21.—(1) Article 55B is amended as follows.N.I.

(2) In paragraph (1), for “A Health and Social Services Board” substitute “The Department”.

(3) In paragraph (3)(b), for “the Health and Social Services Board” substitute “the Department”.

(4) In paragraph (6), for “a Health and Social Services Board” substitute “the Department”.

(5) In paragraph (9)—

(a)for “A Health and Social Services Board” substitute “The Department”;

(b)for “the Board” substitute “the Department”.

Commencement Information

I41Sch. 1 para. 21 not in operation at Royal Assent, see s. 8(1)(b)

I42Sch. 1 para. 21 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

22.—(1) Article 56 is amended as follows.N.I.

(2) In paragraph (1)—

(a)for “Each Health and Social Services Board” substitute “The Department”;

(b)omit “exercise its powers so as to”.

(3) In paragraph (2), for “A Health and Social Services Board” substitute “The Department”.

(4) In paragraph (3), for “Each Health and Social Services Board” substitute “The Department”.

Commencement Information

I43Sch. 1 para. 22 not in operation at Royal Assent, see s. 8(1)(b)

I44Sch. 1 para. 22 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

23.—(1) Article 57 is amended as follows.N.I.

(2) In paragraph (1), for “A Health and Social Services Board” substitute “The Department”.

(3) In paragraphs (3) and (5), for “the Health and Social Services Board” substitute “the Department”.

Commencement Information

I45Sch. 1 para. 23 not in operation at Royal Assent, see s. 8(1)(b)

I46Sch. 1 para. 23 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

24.  In Article 57B(1), for “A Health and Social Services Board” substitute “The Department”.N.I.

Commencement Information

I47Sch. 1 para. 24 not in operation at Royal Assent, see s. 8(1)(b)

I48Sch. 1 para. 24 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

25.—(1) Article 57C is amended as follows.N.I.

(2) In paragraph (1), for “give directions as to” substitute “make a scheme providing for”.

(3) In paragraph (2), for “directions” substitute “any scheme”.

(4) In paragraph (3)—

(a)for “directions” substitute “a scheme”;

(b)for “direction” (in each place) substitute “scheme”;

(c)in sub-paragraph (b)(i), for “any scheme” substitute “any method of calculation”;

(d)in sub-paragraph (d), for “a Health and Social Services Board” substitute “the Department”.

(5) In paragraph (4)—

(a)for “giving a direction” substitute “making a scheme”;

(b)in sub-paragraph (a), for “direction” substitute “scheme”.

(6) After paragraph (4) insert—

(4A) The Department must publish a scheme under paragraph (1) in such manner as it thinks appropriate..

Commencement Information

I49Sch. 1 para. 25 not in operation at Royal Assent, see s. 8(1)(b)

I50Sch. 1 para. 25 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

26.  In Article 57E(4)(a), for “a Health and Social Services Board” substitute “the Department”.N.I.

Commencement Information

I51Sch. 1 para. 26 not in operation at Royal Assent, see s. 8(1)(b)

I52Sch. 1 para. 26 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

27.—(1) Article 57F is amended as follows.N.I.

(2) In paragraph (2)—

(a)after “paragraph (1) may” insert “in particular”;

(b)in sub-paragraph (a), for “the Department” substitute “a prescribed body”;

(c)in sub-paragraph (b), for “the Department, or a person appointed by it,” substitute “that body”.

(3) After paragraph (2) insert—

(2A) Regulations making provision as to the matters referred to in paragraph (2)(a) and (b) may make provision—

(a)as to the members of the body, including the terms and conditions of their appointment;

(b)for the payment of fees and allowances to members of the body..

Commencement Information

I53Sch. 1 para. 27 not in operation at Royal Assent, see s. 8(1)(b)

I54Sch. 1 para. 27 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

28.—(1) Article 57G is amended as follows.N.I.

(2) In paragraphs (1), (2) and (3), for “a Health and Social Services Board” substitute “the Department”.

(3) In paragraph (3)(j), after “appeals” insert “to a prescribed body”.

(4) In paragraph (3A), for “a Health and Social Services Board” and “a Board” substitute “the Department”.

(5) After paragraph (3B) insert—

(3C) Regulations making provision as to the matters referred to in paragraph (3)(j) may make provision—

(a)as to the members of the body, including the terms and conditions of their appointment;

(b)for the payment of fees and allowances to members of the body..

(6) Omit paragraph (4).

Commencement Information

I55Sch. 1 para. 28 not in operation at Royal Assent, see s. 8(1)(b)

I56Sch. 1 para. 28 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

29.—(1) Article 57H is amended as follows.N.I.

(2) In paragraph (1), for “A Health and Social Services Board” substitute “The Department”.

(3) In paragraph (2), for “a Health and Social Services Board” and “the Board” substitute “the Department”.

Commencement Information

I57Sch. 1 para. 29 not in operation at Royal Assent, see s. 8(1)(b)

I58Sch. 1 para. 29 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

30.  For Article 59 substitute—N.I.

59.  Schedule 9 makes provision for the making of loans by the Department to practitioners providing primary medical services..Department to practitioners providing primary medical services..

Commencement Information

I59Sch. 1 para. 30 not in operation at Royal Assent, see s. 8(1)(b)

I60Sch. 1 para. 30 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

31.—(1) Article 61 is amended as follows.N.I.

(2) In paragraph (1)—

(a)for “Every Health and Social Services Board” substitute “The Department”;

(b)omit “in respect of its area”.

(3) In paragraph (2A)—

(a)for “the Health and Social Services Board in whose area his surgery is, or is to be, situated” substitute “the Department”;

(b)omit “in the Board’s area”.

(4) After paragraph (2AA) insert—

(2AB) Regulations making provision conferring such a right of appeal may make provision—

(a)as to the members of the body, including the terms and conditions of their appointment;

(b)for the payment of fees and allowances to members of the body..

Commencement Information

I61Sch. 1 para. 31 not in operation at Royal Assent, see s. 8(1)(b)

I62Sch. 1 para. 31 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

32.—(1) Article 62 is amended as follows.N.I.

(2) In paragraph (1)—

(a)for “Every Health and Social Services Board” substitute “The Department”;

(b)omit “in respect of its area”.

(3) In paragraph (2)(c), for “a committee appointed by the Department, and for making provision” substitute “a prescribed body, and”.

(4) After paragraph (2) insert—

(2A) Regulations making provision for any matter which appears to theDepartment to be necessary or expedient in consequence of the right of appeal referred to in paragraph (2)(c), may in particular make provision—

(a)as to the members of the body, including the terms and conditions of their appointment;

(b)for the payment of fees and allowances to members of the body..

Commencement Information

I63Sch. 1 para. 32 not in operation at Royal Assent, see s. 8(1)(b)

I64Sch. 1 para. 32 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

33.—(1) Article 63 is amended as follows.N.I.

(2) In paragraph (1)—

(a)for “Every Health and Social Services Board” substitute “The Department”;

(b)omit “in respect of its area” and “who are in that area”;

(c)for “a direction” substitute “arrangements”.

(3) In paragraph (2)—

(a)for “a Health and Social Services Board” substitute “the Department”;

(b)omit “in the Board’s area”.

Commencement Information

I65Sch. 1 para. 33 not in operation at Royal Assent, see s. 8(1)(b)

I66Sch. 1 para. 33 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

34.—(1) Article 63AA is amended as follows.N.I.

(2) In paragraph (2), for “a Health and Social Services Board” and “the Health and Social Services Board” substitute “the Department”.

(3) In paragraph (3)—

(a)for “a Health and Social Services Board” and “the Board” substitute “the Department”;

(b)omit “in the Board’s area”.

(4) In paragraph (3A), after “appeal” insert “to a prescribed body”.

(5) After paragraph (3A) insert—

(3AA) Regulations making provision as to the matters referred to in paragraph (3A) may in particular make provision—

(a)as to the members of the body, including the terms and conditions of their appointment;

(b)for the payment of fees and allowances to members of the body..

Commencement Information

I67Sch. 1 para. 34 not in operation at Royal Assent, see s. 8(1)(b)

I68Sch. 1 para. 34 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

35.  For Articles 63A and 63B substitute—N.I.

Additional pharmaceutical services

63A.(1) The Department may make arrangements for the provision of additional pharmaceutical services.

(2) The arrangements—

(a)may be made on such terms as the Department thinks appropriate;

(b)may impose, on any person providing a service in accordance with the arrangements, such conditions as the Department thinks appropriate.

(3) But the arrangements must secure that any service to which they apply is provided only by a person whose name is included in a pharmaceutical list.

(4) Different arrangements may be made with respect to—

(a)different services;

(b)the provision of the same service by the same person but in different circumstances;

(c)the provision of the same service by different persons.

(5) The Department must provide details of any proposed arrangements(including the remuneration to be offered for the provision of services) to any person who asks for them.

(6) The Department must publish such details as it thinks appropriate of arrangements under this Article—

(a)in the Drug Tariff, or

(b)in such other manner as it thinks appropriate.

(7) In this Article—

additional pharmaceutical services” means services of a kind that do not fall within Article 63;

Drug Tariff” means the Drug Tariff published under regulation 9 of the Pharmaceutical Services Regulations (Northern Ireland) 1997 or under any corresponding provision replacing, or otherwise derived from, that regulation;

pharmaceutical list” means, subject to the arrangements made, a list—

(a)

published by the Department in accordance with regulations made under Article 63AA(2)(za); or

(b)

published by any body in accordance with regulations made under—

(i)

section 27(3)(a) of the National Health Service (Scotland) Act 1978,

(ii)

section 129(2)(a) of the National Health Service Act 2006,

(iii)

section 83(2)(a) of the National Health Service (Wales) Act 2006, or

(iv)

any provision of the law of Scotland or England and Wales that re-enacts (with or without amendment) any of those sections..

Commencement Information

I69Sch. 1 para. 35 not in operation at Royal Assent, see s. 8(1)(b)

I70Sch. 1 para. 35 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

36.—(1) Article 64 is amended as follows.N.I.

(2) In paragraphs (1) and (1A), for “a Health and Social Services Board” substitute “the Department”.

(3) In paragraph (1A), omit “in the Board’s area”.

(4) In paragraph (2), omit “a direction under”.

Commencement Information

I71Sch. 1 para. 36 not in operation at Royal Assent, see s. 8(1)(b)

I72Sch. 1 para. 36 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

37.—(1) Article 64C is amended as follows.N.I.

(2) In paragraph (2), for “a Health and Social Services Board”, “the Board” and “that Board” substitute “the Department”.

(3) In paragraph (3), in the definition of “indemnity cover”, for “a Health and Social Services Board” substitute “the Department”.

Commencement Information

I73Sch. 1 para. 37 not in operation at Royal Assent, see s. 8(1)(b)

I74Sch. 1 para. 37 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

38.  Article 79 is omitted.N.I.

Commencement Information

I75Sch. 1 para. 38 not in operation at Royal Assent, see s. 8(1)(b)

I76Sch. 1 para. 38 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

39.  Article 80 is omitted.N.I.

Commencement Information

I77Sch. 1 para. 39 not in operation at Royal Assent, see s. 8(1)(b)

I78Sch. 1 para. 39 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

40.—(1) Article 81 is omitted so far as it relates to Health and Social Services Boards.N.I.

(2) But that Article continues to apply to any property transferred to an HSC trust or the trustees for an HSC trust as mentioned in Article 16(8) of the 1991 Order.

Commencement Information

I79Sch. 1 para. 40 not in operation at Royal Assent, see s. 8(1)(b)

I80Sch. 1 para. 40 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

41.  Article 82 is omitted.N.I.

Commencement Information

I81Sch. 1 para. 41 not in operation at Royal Assent, see s. 8(1)(b)

I82Sch. 1 para. 41 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

42.—(1) Article 83 is amended as follows.N.I.

(2) In paragraph (1), omit “a Health and Social Services Board or”.

(3) Omit paragraph (1A)(a).

(4) Omit paragraph (2).

Commencement Information

I83Sch. 1 para. 42 not in operation at Royal Assent, see s. 8(1)(b)

I84Sch. 1 para. 42 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

43.—(1) Article 85 is amended as follows.N.I.

(2) In paragraph (1), omit “A Health and Social Services Board or”.

(3) In paragraph (2)—

(a)in sub-paragraph (a), for “Health and Social Services Board” substitute “HSC trust”;

(b)omit sub-paragraph (b).

(4) For the heading substitute “Power for certain health bodies to accept property on trust, etc”.

Commencement Information

I85Sch. 1 para. 43 not in operation at Royal Assent, see s. 8(1)(b)

I86Sch. 1 para. 43 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

44.—(1) Article 86 is amended as follows.N.I.

(2) In paragraph (1)—

(a)in sub-paragraph (a), omit “Health and Social Services Boards or”;

(b)omit “a Health and Social Services Board,”.

Commencement Information

I87Sch. 1 para. 44 not in operation at Royal Assent, see s. 8(1)(b)

I88Sch. 1 para. 44 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

45.  In Article 91(6), omit sub-paragraph (a).N.I.

Commencement Information

I89Sch. 1 para. 45 not in operation at Royal Assent, see s. 8(1)(b)

I90Sch. 1 para. 45 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

46.  In Article 92B(3), omit sub-paragraph (a).N.I.

Commencement Information

I91Sch. 1 para. 46 not in operation at Royal Assent, see s. 8(1)(b)

I92Sch. 1 para. 46 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

47.—(1) Article 99 is amended as follows.N.I.

(2) In paragraph (1)—

(a)for “the Department” (in the first place) substitute “an HSC trust”;

(b)for “the Department” (in the second place) substitute “the trust”.

(3) In paragraph (2), omit the words from “and that standard rate” to the end.

(4) After paragraph (2) insert—

(2A) Different rates may be determined under paragraph (2) for (in particular)—

(a)different descriptions of accommodation;

(b)accommodation provided by different trusts.

(2B) The standard rate determined for accommodation provided by any trust must represent the full cost to the trust of providing that accommodation, other than any costs in respect of nursing care by a registered nurse (within the meaning given by Article 36(4A)) at that accommodation..

(5) In paragraph (3), for “the Department” (in both places) substitute “the trust”.

(6) In paragraph (6)—

(a)for “The Department” substitute “An HSC trust”;

(b)for “the Department” (in both places) substitute “the trust”.

(7) In the heading to the Article, for “Department” substitute “HSC trust”.

Commencement Information

I93Sch. 1 para. 47 not in operation at Royal Assent, see s. 8(1)(b)

I94Sch. 1 para. 47 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

48.—(1) Article 101 is amended as follows.N.I.

(2) In paragraph (1), for “the Ministry” substitute “the appropriate HSC trust”.

(3) After paragraph (1) insert—

(1A) The “appropriate HSC trust” is the trust that provided the accommodation, or arranged or secured its provision, or (as the case may be) proposed the provision of it..

(4) In paragraphs (4) and (5), for “the Ministry” substitute “the trust”.

Commencement Information

I95Sch. 1 para. 48 not in operation at Royal Assent, see s. 8(1)(b)

I96Sch. 1 para. 48 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

49.—(1) Article 101A is amended as follows.N.I.

(2) In paragraph (1)—

(a)for “the Department” (in the first place) substitute “the appropriate HSC trust”;

(b)for “the Department receive” substitute “the trust receives”.

(3) In paragraph (2), for “the Department” substitute “the appropriate HSC trust”.

(4) After paragraph (2) insert—

(2A) “The appropriate HSC trust” is the trust that provided the accommodation, or arranged or secured the provision of it..

Commencement Information

I97Sch. 1 para. 49 not in operation at Royal Assent, see s. 8(1)(b)

I98Sch. 1 para. 49 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

50.—(1) Schedule 6 is amended as follows.N.I.

(2) In paragraph 8—

(a)omit “the Department or”;

(b)for “the Ministry” substitute “an HSC trust”.

(3) In paragraph 12, for the definition of “responsible authority” substitute—

responsible authority”, in relation to any person, means the HSC trust in whose operational area the person resides;.

Commencement Information

I99Sch. 1 para. 50 not in operation at Royal Assent, see s. 8(1)(b)

I100Sch. 1 para. 50 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

51.—(1) Schedule 9 is amended as follows.N.I.

(2) In paragraph 1, for the words from “The Ministry” to “Boards to” substitute “The Department may, in accordance with paragraphs 1A to 5,”.

(3) After paragraph 1 insert—

1A.  Loans to practitioners providing primary medical services (GP loans”) are to be made in accordance with a scheme that is provided for in regulations made, with the approval of the Department of Finance, by the Department..

(4) In paragraph 2—

(a)for the words from “Without prejudice” to “may make” substitute “Regulations under paragraph 1A may include”;

(b)omit sub-paragraph (a);

(c)for sub-paragraph (b) substitute—

(b)the guaranteeing by the Department of Finance of the payment of interest on, and the repayment of the principal of, any loan raised by the Department for the purpose of making GP loans;;

(d)in sub-paragraph (c), for “loans made under the order” substitute “GP loans”;

(e)for sub-paragraph (d) substitute—

(d)authorising the Department to hold and dispose of any land or property conveyed to it as security for a GP loan;;

(f)in sub-paragraph (e), for “loans under the order” substitute “GP loans”.

(5) For paragraph 3 substitute—

3.  No regulations may be made under paragraph 1A unless a draft of the regulations has been laid before and approved by resolution of the Assembly..

(6) Omit paragraph 4.

(7) In paragraph 5—

(a)for “Where an order under this Schedule authorises the Ministry of Finance” substitute “Where regulations under paragraph 1A authorise the Department of Finance”;

(b)for “the Health and Social Services Boards” substitute “the Department”;

(c)in sub-paragraph (a)—

(i)for “order” substitute “regulations”;

(ii)for “£6,000,000” substitute “a sum specified in the scheme”;

(d)in sub-paragraph (b)—

(i)for “the Ministry” substitute “the Department”;

(ii)for “the order” substitute “the regulations”;

(e)in sub-paragraph (c), for “the Ministry” substitute “the Department”;

(f)in sub-paragraph (d)—

(i)for “the Health and Social Services Board” substitute “the Department”;

(ii)for “the Ministry of Finance” substitute “the Department of Finance”;

(iii)for “that Ministry” (in each place) substitute “the Department of Finance”.

Commencement Information

I101Sch. 1 para. 51 not in operation at Royal Assent, see s. 8(1)(b)

I102Sch. 1 para. 51 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

52.—(1) Schedule 10 is amended as follows.N.I.

(2) In paragraph 1(1), omit “and has never carried on the practice”.

(3) In paragraph 2—

(a)in sub-paragraph (2), for “the Regional Board” substitute “the Department”;

(b)in sub-paragraph (3), for “Health and Social Services Board” and “Board” substitute “Department”;

(c)in sub-paragraphs (4), (6) and (7), for “the Health and Social Services Board” substitute “the Department”.

Commencement Information

I103Sch. 1 para. 52 not in operation at Royal Assent, see s. 8(1)(b)

I104Sch. 1 para. 52 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

53.—(1) Schedule 11 is amended as follows.N.I.

(2) In paragraph 1(2), for “the Regional Board” substitute “the Department”.

(3) In paragraph 3(6)—

(a)for “a Health and Social Services Board” substitute “the Department”;

(b)for “the Board” substitute “the Department”.

(4) In paragraph 4(5)(b), for “any Health and Social Services Board” substitute “the Department”.

(5) In paragraph 5—

(a)in sub-paragraph (3), for “any Health and Social Services Board” substitute “the Department”;

(b)in sub-paragraph (4), for “a Health and Social Services Board” substitute “the Department”.

(6) In paragraph 7(2), omit “to each Health and Social Services Board and”.

(7) In paragraph 9—

(a)in sub-paragraph (1), for “A Health and Social Services Board which has made representations under paragraph 1 may” substitute “The Department may, if it has made representations under paragraph 1”;

(b)in sub-paragraph (2), for “A Health and Social Services Board” substitute “The Department”;

(c)in sub-paragraph (8), for “a Health and Social Services Board” and “the Board” substitute “the Department”.

(8) In paragraph 14—

(a)for “any Health and Social Services Board” substitute “the Department”;

(b)for “that Board” substitute “the Department”.

(9) In paragraph 17(1), for “Health and Social Services Boards” substitute “the Department”.

Commencement Information

I105Sch. 1 para. 53 not in operation at Royal Assent, see s. 8(1)(b)

I106Sch. 1 para. 53 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

54.—(1) Schedule 14 is omitted so far as it relates to Health and Social Services Boards.N.I.

(2) But that Schedule continues to apply to all endowments (and income thereof) transferred to an HSC trust or the trustees for an HSC trust as mentioned in Article 16(7) of the 1991 Order.

Commencement Information

I107Sch. 1 para. 54 not in operation at Royal Assent, see s. 8(1)(b)

I108Sch. 1 para. 54 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

55.—(1) Schedule 15 is amended as follows.N.I.

(2) In paragraph 2, for “the Health and Social Services Boards” substitute “the Department”.

(3) In paragraph 2A—

(a)in sub-paragraph (1), omit “or by a Health and Social Services Board”;

(b)in sub-paragraph (4), omit—

(i)or a Health and Social Services Board” (in both places), and

(ii), the Board” (in both places).

Commencement Information

I109Sch. 1 para. 55 not in operation at Royal Assent, see s. 8(1)(b)

I110Sch. 1 para. 55 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Solicitors (Northern Ireland) Order 1976N.I.

56.  In Article 3(2) of the Solicitors (Northern Ireland) Order 1976, in the definition of “local authority”, omit “the Regional Health and Social Care Board,”.N.I.

Commencement Information

I111Sch. 1 para. 56 not in operation at Royal Assent, see s. 8(1)(b)

I112Sch. 1 para. 56 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Pharmacy (Northern Ireland) Order 1976N.I.

57.  In Article 8AA(9) of the Pharmacy (Northern Ireland) Order 1976, for sub-paragraph (d) substitute—N.I.

(d)the Department..

Commencement Information

I113Sch. 1 para. 57 not in operation at Royal Assent, see s. 8(1)(b)

I114Sch. 1 para. 57 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Chronically Sick and Disabled Persons (Northern Ireland) Act 1978N.I.

58.  The Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 is amended as follows.N.I.

Commencement Information

I115Sch. 1 para. 58 not in operation at Royal Assent, see s. 8(1)(b)

I116Sch. 1 para. 58 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

59.—(1) Section 1 is amended as follows.N.I.

(2) In subsection (1), omit “by that Department”.

(3) In subsection (2)—

(a)for “The Department of Health and Social Services for Northern Ireland” substitute “Each authorised HSC trust”;

(b)in paragraph (a), for “that Department” substitute “the trust”;

(c)in paragraph (b), for “the Department” substitute “the trust”.

(4) After subsection (2) insert—

(3) An authorised HSC trust is a Health and Social Care 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..

Commencement Information

I117Sch. 1 para. 59 not in operation at Royal Assent, see s. 8(1)(b)

I118Sch. 1 para. 59 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

60.—(1) Section 2 is amended as follows.N.I.

(2) The existing text of section 2 becomes subsection (1) of that section.

(3) In subsection (1)—

(a)for “the Department of Health and Social Services for Northern Ireland” substitute “an authorised HSC trust”;

(b)after “any person” insert “who resides in its operational area and”;

(c)for “that Department” (in the first place) substitute “the trust”;

(d)omit “section 2(1)(b) of the Health and Social Services (Reform) Act (Northern Ireland) 2009 and” (in the first place);

(e)in paragraph (d)—

(i)omit “by that Department”;

(ii)for “and” (in the third place) substitute “or”;

(iii)for “that Department” (in the second place) substitute “the trust”;

(f)in paragraph (f) and the text following paragraph (h), for “that Department” substitute “the trust”.

(4) After subsection (1) insert—

(2) In this section “authorised HSC trust” has the same meaning as in section 1..

Commencement Information

I119Sch. 1 para. 60 not in operation at Royal Assent, see s. 8(1)(b)

I120Sch. 1 para. 60 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

61.—(1) Section 12 is amended as follows.N.I.

(2) In subsection (1), for “The Department of Health and Social Services for Northern Ireland” substitute “Each authorised HSC trust”.

(3) In subsection (2), for “that Department” substitute “any authorised HSC trust”.

(4) After subsection (3) insert—

(4) In this section “authorised HSC trust” has the same meaning as insection 1..

Commencement Information

I121Sch. 1 para. 61 not in operation at Royal Assent, see s. 8(1)(b)

I122Sch. 1 para. 61 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Health and Safety at Work (Northern Ireland) Order 1978N.I.

62.  In Article 50 of the Health and Safety at Work (Northern Ireland) Order 1978—N.I.

(a)for “Health and Social Services Board” substitute “Health and Social Care trust”;

(b)for “that Board” substitute “that trust”.

Commencement Information

I123Sch. 1 para. 62 not in operation at Royal Assent, see s. 8(1)(b)

I124Sch. 1 para. 62 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Judgments Enforcement (Northern Ireland) Order 1981N.I.

63.  In Article 54 of the Judgments Enforcement (Northern Ireland) Order 1981—N.I.

(a)in paragraph (2), for “the Health and Social Services Board” substitute “the Health and Social Care trust”;

(b)in the heading, for “Health and Social Services Board” substitute “Health and Social Care trust”.

Commencement Information

I125Sch. 1 para. 63 not in operation at Royal Assent, see s. 8(1)(b)

I126Sch. 1 para. 63 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981N.I.

64.  Omit Article 10(5A)(a) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.N.I.

Commencement Information

I127Sch. 1 para. 64 not in operation at Royal Assent, see s. 8(1)(b)

I128Sch. 1 para. 64 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Diseases of Animals (Northern Ireland) Order 1981N.I.

65.  In Article 10(5) of the Diseases of Animals (Northern Ireland) Order 1981, for the words from “the Health and Social” to “Order 1972” substitute “the Regional Agency for Public Health and Social Well-being and the Health and Social Care trust”.N.I.

Commencement Information

I129Sch. 1 para. 65 not in operation at Royal Assent, see s. 8(1)(b)

I130Sch. 1 para. 65 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Dentists Act 1984N.I.

66.—(1) The Dentists Act 1984 is amended as follows.N.I.

(2) In section 26B(8)—

(a)omit “and” at the end of paragraph (c);

(b)in paragraph (d), for “Health and Social Services Boards” substitute “Health and Social Care trusts”;

(c)after paragraph (d) add

; and

(e)the Department of Health in Northern Ireland..

(3) In section 36M(8)—

(a)omit “and” at the end of paragraph (c);

(b)in paragraph (d), for “Health and Social Services Boards” substitute “Health and Social Care trusts”;

(c)after paragraph (d) add

; and

(e)the Department of Health in Northern Ireland..

(4) In section 50D(4)—

(a)omit “and” at the end of paragraph (c);

(b)in paragraph (d), for “Health and Social Services Boards” substitute “Health and Social Care trusts”;

(c)after paragraph (d) add

; and

(e)the Department of Health in Northern Ireland..

Commencement Information

I131Sch. 1 para. 66 not in operation at Royal Assent, see s. 8(1)(b)

I132Sch. 1 para. 66 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Mental Health (Northern Ireland) Order 1986N.I.

67.  The Mental Health (Northern Ireland) Order 1986 is amended as follows.N.I.

Commencement Information

I133Sch. 1 para. 67 not in operation at Royal Assent, see s. 8(1)(b)

I134Sch. 1 para. 67 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

68.—(1) Article 2 is amended as follows.N.I.

(2) In paragraph (2)—

(a)in the definition of “approved social worker”, omit “a Board or”;

(b)omit the definition of “Board”;

(c)in the definition of “responsible authority”, for paragraphs (a) and (b) substitute—

(a)in relation to a patient whose admission to a hospital is being sought or who is in, or is liable to be detained in, a hospital, the authorised HSC trust in which the hospital is vested;

(b)in relation to a patient who is the subject of a guardianship application or is subject to guardianship under this Order, the authorised HSC trust in whose area the patient resides..

(3) In paragraph (2B), for the words from “by which functions” to the end of the paragraph substitute “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.”.

Commencement Information

I135Sch. 1 para. 68 not in operation at Royal Assent, see s. 8(1)(b)

I136Sch. 1 para. 68 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

69.  In Article 8(3), omit “a Board or”.N.I.

Commencement Information

I137Sch. 1 para. 69 not in operation at Royal Assent, see s. 8(1)(b)

I138Sch. 1 para. 69 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

70.  In Article 16(3)(f), omit “Board or”.N.I.

Commencement Information

I139Sch. 1 para. 70 not in operation at Royal Assent, see s. 8(1)(b)

I140Sch. 1 para. 70 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

71.  In Article 22(1), omit “Board,” (in both places).N.I.

Commencement Information

I141Sch. 1 para. 71 not in operation at Royal Assent, see s. 8(1)(b)

I142Sch. 1 para. 71 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

72.  In Article 25, omit “a Board or” (in both places).N.I.

Commencement Information

I143Sch. 1 para. 72 not in operation at Royal Assent, see s. 8(1)(b)

I144Sch. 1 para. 72 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

73.  In Article 26(b), omit “Boards and”.N.I.

Commencement Information

I145Sch. 1 para. 73 not in operation at Royal Assent, see s. 8(1)(b)

I146Sch. 1 para. 73 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

74.—(1) Article 28 is amended as follows.N.I.

(2) In paragraphs (1) and (5), for “A Board or” substitute “An”.

(3) In paragraph (4)(b), omit “the Board or”.

Commencement Information

I147Sch. 1 para. 74 not in operation at Royal Assent, see s. 8(1)(b)

I148Sch. 1 para. 74 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

75.  In Article 33—N.I.

(a)for “a Board or” substitute “an”;

(b)omit “Board or” (in the second place).

Commencement Information

I149Sch. 1 para. 75 not in operation at Royal Assent, see s. 8(1)(b)

I150Sch. 1 para. 75 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

76.—(1) Article 40 is amended as follows.N.I.

(2) In paragraphs (1) and (3), omit “Board or”.

(3) In paragraph (4), for “a Board or” substitute “an”.

(4) Omit paragraph (6).

Commencement Information

I151Sch. 1 para. 76 not in operation at Royal Assent, see s. 8(1)(b)

I152Sch. 1 para. 76 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

77.—(1) Article 42 is amended as follows.N.I.

(2) In paragraph (1), for “the Department” substitute “such authorised HSC trust as it may specify”.

(3) In paragraph (4), for “the Department” substitute “the trust which it proposes to specify”.

(4) In paragraph (9)(a) and (c), for “the Department” substitute “the trust”.

(5) In paragraph (9)(d), omit “the Board or”.

Commencement Information

I153Sch. 1 para. 77 not in operation at Royal Assent, see s. 8(1)(b)

I154Sch. 1 para. 77 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

78.—(1) Article 43 is amended as follows.N.I.

(2) In paragraph (1), for “the Department” substitute “such authorised HSC trust as it may specify”.

(3) In paragraph (3), for “the Department” substitute “the trust which it proposes to specify”.

Commencement Information

I155Sch. 1 para. 78 not in operation at Royal Assent, see s. 8(1)(b)

I156Sch. 1 para. 78 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

79.—(1) Article 44 is amended as follows.N.I.

(2) In paragraph (1)—

(a)for “the Department” substitute “such authorised HSC trust as it may specify”;

(b)omit “a Board or” (in both places).

(3) In paragraph (5), for “the Department” substitute “the trust which it proposes to specify”.

Commencement Information

I157Sch. 1 para. 79 not in operation at Royal Assent, see s. 8(1)(b)

I158Sch. 1 para. 79 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

80.—(1) Article 45 is amended as follows.N.I.

(2) In paragraph (1), for “the Department” substitute “such authorised HSC trust as it may specify”.

(3) In paragraph (3), for “the Department” substitute “the trust which it proposes to specify”.

Commencement Information

I159Sch. 1 para. 80 not in operation at Royal Assent, see s. 8(1)(b)

I160Sch. 1 para. 80 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

81.—(1) Article 46 is amended as follows.N.I.

(2) In paragraph (1)—

(a)for “the Department” substitute “the trust specified by the court”;

(b)omit “the Board or”.

(3) In paragraph (2)—

(a)for “the Department” substitute “the trust”;

(b)omit “the Board or”.

(4) In paragraph (3)—

(a)for “the Department” (in both places) substitute “the trust”;

(b)omit “the Board or”.

(5) In paragraph (5), omit “Board,”.

Commencement Information

I161Sch. 1 para. 81 not in operation at Royal Assent, see s. 8(1)(b)

I162Sch. 1 para. 81 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

82.  In Article 48(3)(a), for “the Department” substitute “the HSC trust”.N.I.

Commencement Information

I163Sch. 1 para. 82 not in operation at Royal Assent, see s. 8(1)(b)

I164Sch. 1 para. 82 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

83.  In Article 50A(4), for “the Department” substitute “the authorised HSC trust in which the hospital is vested”.N.I.

Commencement Information

I165Sch. 1 para. 83 not in operation at Royal Assent, see s. 8(1)(b)

I166Sch. 1 para. 83 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

84.  In Article 61(2), omit “Board or”.N.I.

Commencement Information

I167Sch. 1 para. 84 not in operation at Royal Assent, see s. 8(1)(b)

I168Sch. 1 para. 84 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

85.  In the heading to Article 73, for “Boards” substitute “responsible authorities”.N.I.

Commencement Information

I169Sch. 1 para. 85 not in operation at Royal Assent, see s. 8(1)(b)

I170Sch. 1 para. 85 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

86.—(1) Article 86(2) is amended as follows.N.I.

(2) In sub-paragraph (c)—

(a)omit “a Board,”;

(b)omit “the Board,”.

(3) In sub-paragraph (d)—

(a)omit “a Board,”;

(b)omit “the Board,”.

(4) In sub-paragraph (e), omit “a Board,”.

Commencement Information

I171Sch. 1 para. 86 not in operation at Royal Assent, see s. 8(1)(b)

I172Sch. 1 para. 86 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

87.—(1) Article 107 is amended as follows.N.I.

(2) In paragraph (1)—

(a)for “a Board or” substitute “an”;

(b)omit “Board or” (in the second place).

(3) Omit paragraph (1A).

Commencement Information

I173Sch. 1 para. 87 not in operation at Royal Assent, see s. 8(1)(b)

I174Sch. 1 para. 87 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

88.  In the heading to Part 9, for “AND BOARDS” substitute “, THE REGIONAL AGENCY AND HSC TRUSTS”.N.I.

Commencement Information

I175Sch. 1 para. 88 not in operation at Royal Assent, see s. 8(1)(b)

I176Sch. 1 para. 88 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

89.  In Article 111(1)(a), omit “Boards,”.N.I.

Commencement Information

I177Sch. 1 para. 89 not in operation at Royal Assent, see s. 8(1)(b)

I178Sch. 1 para. 89 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

90.—(1) Article 112 is amended as follows.N.I.

(2) In paragraph (1), for “The Regional Health and Social Care Board” substitute “HSC trusts”.

(3) Omit paragraph (2).

(4) In the heading, for “Boards” substitute “the Regional Agency and HSC trusts”.

Commencement Information

I179Sch. 1 para. 90 not in operation at Royal Assent, see s. 8(1)(b)

I180Sch. 1 para. 90 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

91.—(1) Article 113 is amended as follows.N.I.

(2) In paragraph (1)—

(a)for “a Board” substitute “an HSC trust”;

(b)in sub-paragraph (a), for “the Board” (in both places) substitute “the trust”.

(3) Omit paragraph (2).

(4) In the heading, for “Boards” substitute “HSC trusts”.

Commencement Information

I181Sch. 1 para. 91 not in operation at Royal Assent, see s. 8(1)(b)

I182Sch. 1 para. 91 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

92.—(1) Article 114 is amended as follows.N.I.

(2) In paragraph (1), for “a Board” substitute “an HSC trust”.

(3) Omit paragraph (2).

(4) In the heading, for “Boards” substitute “HSC trusts”.

Commencement Information

I183Sch. 1 para. 92 not in operation at Royal Assent, see s. 8(1)(b)

I184Sch. 1 para. 92 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

93.—(1) Article 115 is amended as follows.N.I.

(2) In paragraph (1), for “A Board” substitute “An authorised HSC trust”.

(3) In paragraph (2)—

(a)for “a Board” substitute “a trust”;

(b)for “the Board” substitute “the trust”.

(4) In paragraph (3), for “a Board” substitute “a trust”.

(5) Omit paragraph (4).

(6) In the heading, for “Boards” substitute “authorised HSC trusts”.

Commencement Information

I185Sch. 1 para. 93 not in operation at Royal Assent, see s. 8(1)(b)

I186Sch. 1 para. 93 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

94.—(1) Article 116 is amended as follows.N.I.

(2) In paragraph (1)—

(a)for “a Board” substitute “an HSC trust”;

(b)for “the Board” substitute “the trust”.

(3) In paragraph (2), for “a Board” substitute “a trust”.

(4) In paragraph (3)—

(a)for “a Board” substitute “a trust”;

(b)for “the Board” substitute “the trust”.

(5) In paragraph (4), for “A Board” substitute “A trust”.

(6) Omit paragraph (6).

(7) In the heading, for “Boards” substitute “HSC trusts”.

Commencement Information

I187Sch. 1 para. 94 not in operation at Royal Assent, see s. 8(1)(b)

I188Sch. 1 para. 94 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

95.  In the heading to Article 117, for “Boards” substitute “responsible authorities”.N.I.

Commencement Information

I189Sch. 1 para. 95 not in operation at Royal Assent, see s. 8(1)(b)

I190Sch. 1 para. 95 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

96.—(1) Article 118 is amended as follows.N.I.

(2) In paragraph (1), for “a Board” substitute “an HSC trust”.

(3) In paragraph (2), for “A Board” substitute “A trust”.

(4) In paragraph (4)—

(a)for “Each Board” substitute “Each HSC trust”;

(b)in sub-paragraph (a), for “the Board” substitute “the trust”.

(5) Omit paragraph (5).

(6) In the heading, for “Boards” substitute “HSC trusts”.

Commencement Information

I191Sch. 1 para. 96 not in operation at Royal Assent, see s. 8(1)(b)

I192Sch. 1 para. 96 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

97.  In Article 121(1), omit “a member of the Board or”.N.I.

Commencement Information

I193Sch. 1 para. 97 not in operation at Royal Assent, see s. 8(1)(b)

I194Sch. 1 para. 97 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

98.—(1) Article 129 is amended as follows.N.I.

(2) In paragraphs (1) and (2), omit “of a Board or”.

(3) In paragraph (7), omit “Board or”.

Commencement Information

I195Sch. 1 para. 98 not in operation at Royal Assent, see s. 8(1)(b)

I196Sch. 1 para. 98 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

99.  In Article 133(4), omit “, a Board”.N.I.

Commencement Information

I197Sch. 1 para. 99 not in operation at Royal Assent, see s. 8(1)(b)

I198Sch. 1 para. 99 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

100.—(1) In Part 1 of Schedule 2, paragraph 9(a) is amended as follows.N.I.

(2) For “the Department” substitute “the trust”.

Commencement Information

I199Sch. 1 para. 100 not in operation at Royal Assent, see s. 8(1)(b)

I200Sch. 1 para. 100 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

101.—(1) Paragraph 3 of Schedule 2A is amended as follows.N.I.

(2) In sub-paragraph (1)(a)—

(a)omit “the Board or”;

(b)omit “Board or” (in the second place).

(3) In sub-paragraph (3)(c), omit “Board or”.

Commencement Information

I201Sch. 1 para. 101 not in operation at Royal Assent, see s. 8(1)(b)

I202Sch. 1 para. 101 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Adoption (Northern Ireland) Order 1987N.I.

102.  The Adoption (Northern Ireland) Order 1987 is amended as follows.N.I.

Commencement Information

I203Sch. 1 para. 102 not in operation at Royal Assent, see s. 8(1)(b)

I204Sch. 1 para. 102 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

103.—(1) Article 2 is amended as follows.N.I.

(2) In paragraph (2), omit the definition of “Board”.

(3) In paragraph (2A), for the words from “by which functions” to the end of the paragraph substitute “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.”.

(4) Omit paragraph (2D).

(5) In paragraph (5), for “a Board or” substitute “an”.

Commencement Information

I205Sch. 1 para. 103 not in operation at Royal Assent, see s. 8(1)(b)

I206Sch. 1 para. 103 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

104.—(1) Article 3 is amended as follows.N.I.

(2) Omit paragraph (1)(bb).

(3) In paragraph (3), omit “a Board,”.

Commencement Information

I207Sch. 1 para. 104 not in operation at Royal Assent, see s. 8(1)(b)

I208Sch. 1 para. 104 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

105.—(1) Article 8 is amended as follows.N.I.

(2) In paragraph (1), for “a Board or” (in both places) substitute “an”.

(3) In paragraph (2), omit “Board or”.

Commencement Information

I209Sch. 1 para. 105 not in operation at Royal Assent, see s. 8(1)(b)

I210Sch. 1 para. 105 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

106.  In Article 11(3)(a)(i), for “a Board or” substitute “an”.N.I.

Commencement Information

I211Sch. 1 para. 106 not in operation at Royal Assent, see s. 8(1)(b)

I212Sch. 1 para. 106 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

107.  In Article 13(3)(b), omit “Board or”.N.I.

Commencement Information

I213Sch. 1 para. 107 not in operation at Royal Assent, see s. 8(1)(b)

I214Sch. 1 para. 107 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

108.  In Article 18(2A), for “a Board or” substitute “an”.N.I.

Commencement Information

I215Sch. 1 para. 108 not in operation at Royal Assent, see s. 8(1)(b)

I216Sch. 1 para. 108 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

109.—(1) Article 22 is amended as follows.N.I.

(2) In paragraphs (1), (2) and (3), omit “Board or”.

(3) Omit paragraph (4).

(4) In paragraph (5), omit “or of a Board” and “or that Board”.

(5) In the heading, for “Board” substitute “HSC trust”.

Commencement Information

I217Sch. 1 para. 109 not in operation at Royal Assent, see s. 8(1)(b)

I218Sch. 1 para. 109 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

110.—(1) Article 23 is amended as follows.N.I.

(2) Omit “Board or” (in both places).

(3) In the heading, for “Board” substitute “HSC trust”.

Commencement Information

I219Sch. 1 para. 110 not in operation at Royal Assent, see s. 8(1)(b)

I220Sch. 1 para. 110 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

111.  In Article 28(2A), for “a Board or” substitute “an”.N.I.

Commencement Information

I221Sch. 1 para. 111 not in operation at Royal Assent, see s. 8(1)(b)

I222Sch. 1 para. 111 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

112.—(1) Article 29 is amended as follows.N.I.

(2) In paragraph (2), omit “Board or” (in both places).

(3) In paragraph (3)—

(a)in sub-paragraph (a), for “a Board or” substitute “an”;

(b)in sub-paragraph (b) and in the words following that sub-paragraph, omit “Board or”.

(4) Omit paragraph (5).

(5) In paragraph (5A)—

(a)omit “or a Board”;

(b)omit “Board or” (in the second place).

(6) In paragraph (6), omit “Board or”.

Commencement Information

I223Sch. 1 para. 112 not in operation at Royal Assent, see s. 8(1)(b)

I224Sch. 1 para. 112 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

113.—(1) Article 32 is amended as follows.N.I.

(2) In paragraph (1)—

(a)in the opening words and in the words following sub-paragraph (b), omit “Board or” (in each place);

(b)in sub-paragraph (a), for “a Board or” substitute “an”.

(3) In paragraph (2)—

(a)for “a Board or” substitute “an”;

(b)omit “Board or” (in the second place).

Commencement Information

I225Sch. 1 para. 113 not in operation at Royal Assent, see s. 8(1)(b)

I226Sch. 1 para. 113 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

114.  In Article 33(1) and (3)(b), omit “Board or”.N.I.

Commencement Information

I227Sch. 1 para. 114 not in operation at Royal Assent, see s. 8(1)(b)

I228Sch. 1 para. 114 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

115.—(1) Article 34 is amended as follows.N.I.

(2) In paragraph (1), omit “Board or” (in both places).

(3) In paragraph (2)—

(a)for “a Board or” substitute “an”;

(b)omit “Board or” (in the second place).

(4) In the heading, for “Boards” substitute “HSC trusts”.

Commencement Information

I229Sch. 1 para. 115 not in operation at Royal Assent, see s. 8(1)(b)

I230Sch. 1 para. 115 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

116.—(1) Article 36 is amended as follows.N.I.

(2) Omit “Board or” (in each place).

(3) In the heading, for “Boards” substitute “HSC trusts”.

Commencement Information

I231Sch. 1 para. 116 not in operation at Royal Assent, see s. 8(1)(b)

I232Sch. 1 para. 116 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

117.  In Article 37(1)(b), for “a Board or” substitute “an”.N.I.

Commencement Information

I233Sch. 1 para. 117 not in operation at Royal Assent, see s. 8(1)(b)

I234Sch. 1 para. 117 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

118.  In Article 54(3) and (5), omit “Board or”.N.I.

Commencement Information

I235Sch. 1 para. 118 not in operation at Royal Assent, see s. 8(1)(b)

I236Sch. 1 para. 118 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

119.  In Article 70, omit “Board or”.N.I.

Commencement Information

I237Sch. 1 para. 119 not in operation at Royal Assent, see s. 8(1)(b)

I238Sch. 1 para. 119 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

120.  In Article 71(1)(b) and (c), for “a Board or” substitute “an”.N.I.

Commencement Information

I239Sch. 1 para. 120 not in operation at Royal Assent, see s. 8(1)(b)

I240Sch. 1 para. 120 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Housing (Northern Ireland) Order 1988N.I.

121.  The Housing (Northern Ireland) Order 1988 is amended as follows.N.I.

Commencement Information

I241Sch. 1 para. 121 not in operation at Royal Assent, see s. 8(1)(b)

I242Sch. 1 para. 121 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

122.—(1) Article 6A is amended as follows.N.I.

(2) In paragraph (2), omit “and the Regional Board”.

(3) Omit paragraph (5)(b).

Commencement Information

I243Sch. 1 para. 122 not in operation at Royal Assent, see s. 8(1)(b)

I244Sch. 1 para. 122 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

123.  In Article 6B(2), omit paragraph (b) (but not the “or” at the end).N.I.

Commencement Information

I245Sch. 1 para. 123 not in operation at Royal Assent, see s. 8(1)(b)

I246Sch. 1 para. 123 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

124.  In Article 6C, omit the definition of “the Regional Board”.N.I.

Commencement Information

I247Sch. 1 para. 124 not in operation at Royal Assent, see s. 8(1)(b)

I248Sch. 1 para. 124 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Health and Medicines (Northern Ireland) Order 1988N.I.

125.  In Article 10(4) of the Health and Medicines (Northern Ireland) Order 1988, for “a direction” substitute “arrangements made”.N.I.

Commencement Information

I249Sch. 1 para. 125 not in operation at Royal Assent, see s. 8(1)(b)

I250Sch. 1 para. 125 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Disabled Persons (Northern Ireland) Act 1989N.I.

126.  The Disabled Persons (Northern Ireland) Act 1989 is amended as follows.N.I.

Commencement Information

I251Sch. 1 para. 126 not in operation at Royal Assent, see s. 8(1)(b)

I252Sch. 1 para. 126 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

127.  In section 4, for “the Board” substitute “the authority”.N.I.

Commencement Information

I253Sch. 1 para. 127 not in operation at Royal Assent, see s. 8(1)(b)

I254Sch. 1 para. 127 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

128.  In section 5(9), in the definition of “the appropriate officer”, for the words from “means” to the end of the definition substitute “means such officer as may be appointed for the purposes of this section by the HSC trust in whose operational area the child or person is for the time being ordinarily resident.”.N.I.

Commencement Information

I255Sch. 1 para. 128 not in operation at Royal Assent, see s. 8(1)(b)

I256Sch. 1 para. 128 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

129.—(1) Section 7 is amended as follows.N.I.

(2) In subsections (1) to (3), for “Board or HSS trust” substitute “HSC trust”.

(3) In subsection (4)—

(a)in paragraph (a), for “a Board or HSS trust” substitute “an HSC trust”;

(b)in paragraph (b), for “the Board or HSS trust” substitute “the HSC trust”;

(c)in the words following paragraph (b), omit “Board or”.

(4) In subsection (5)—

(a)in paragraph (a), for “a Board or HSS trust” substitute “an HSC trust”;

(b)in paragraph (b), for “the Board or HSS trust” substitute “the HSC trust”;

(c)in the words following paragraph (b), omit “Board or” (in both places).

(5) In subsection (6)—

(a)for “a Board or HSS trust” substitute “an HSC trust”;

(b)for “the Board or HSS trust” substitute “the HSC trust”.

(6) In subsection (8), for “A Board or HSS trust” substitute “An HSC trust”.

Commencement Information

I257Sch. 1 para. 129 not in operation at Royal Assent, see s. 8(1)(b)

I258Sch. 1 para. 129 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

130.  In the heading to section 8, for “Board” substitute “relevant authority”.N.I.

Commencement Information

I259Sch. 1 para. 130 not in operation at Royal Assent, see s. 8(1)(b)

I260Sch. 1 para. 130 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

131.  In section 11(1)—N.I.

(a)omit the definition of “Board”;

(b)in the definition of “hospital accommodation”, for “HSS” substitute “HSC”;

(c)for the definition of “HSS trust” substitute—

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

(d)For the definition of “relevant authority” substitute—

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;.

Commencement Information

I261Sch. 1 para. 131 not in operation at Royal Assent, see s. 8(1)(b)

I262Sch. 1 para. 131 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Police and Criminal Evidence (Northern Ireland) Order 1989N.I.

132.  In Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989, in the definition of “parent or guardian”—N.I.

(a)omit “Health and Social Services Board or”;

(b)after “that” omit “Board or”.

Commencement Information

I263Sch. 1 para. 132 not in operation at Royal Assent, see s. 8(1)(b)

I264Sch. 1 para. 132 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Children Act 1989N.I.

133.  In Schedule 2 to the Children Act 1989, in paragraph 24(3), for paragraph (b) substitute—N.I.

(b)a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991..

Commencement Information

I265Sch. 1 para. 133 not in operation at Royal Assent, see s. 8(1)(b)

I266Sch. 1 para. 133 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Opticians Act 1989N.I.

134.  In section 27(3)(e) of the Opticians Act 1989, for sub-paragraph (iii) substitute—N.I.

(iii)has not been certified as sight-impaired or severely sight impaired and in consequence registered as sight-impaired or severely sight-impaired in a register maintained by or on behalf of the Department of Health in Northern Ireland..

Commencement Information

I267Sch. 1 para. 134 not in operation at Royal Assent, see s. 8(1)(b)

I268Sch. 1 para. 134 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990N.I.

135.  In Article 4(3) of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990, for “a Health and Social Services Board” substitute “the Regional Agency for Public Health and Social Well-being”.N.I.

Commencement Information

I269Sch. 1 para. 135 not in operation at Royal Assent, see s. 8(1)(b)

I270Sch. 1 para. 135 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Health and Personal Social Services (Northern Ireland) Order 1991N.I.

136.  The 1991 Order is amended as follows.N.I.

Commencement Information

I271Sch. 1 para. 136 not in operation at Royal Assent, see s. 8(1)(b)

I272Sch. 1 para. 136 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

137.  In Article 2(2), omit the definition of “the Regional Board”.N.I.

Commencement Information

I273Sch. 1 para. 137 not in operation at Royal Assent, see s. 8(1)(b)

I274Sch. 1 para. 137 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

138.  In Article 7(6), omit sub-paragraph (a).N.I.

Commencement Information

I275Sch. 1 para. 138 not in operation at Royal Assent, see s. 8(1)(b)

I276Sch. 1 para. 138 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

139.  In Article 8—N.I.

(a)omit paragraph (2)(a);

(b)after paragraph (9) insert—

(9A) The references in paragraphs (6) to (9) to a “person” include a body prescribed for the purposes of those paragraphs.

(9B) The Department may by regulations establish a body for those purposes; and such regulations may make provision—

(a)as to the members of the body, including the terms and conditions of their appointment;

(b)for the payment of fees and allowances to members of the body..

Commencement Information

I277Sch. 1 para. 139 not in operation at Royal Assent, see s. 8(1)(b)

I278Sch. 1 para. 139 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

140.  In Article 8A(1), for “a Health and Social Services Board” substitute “the Department”.N.I.

Commencement Information

I279Sch. 1 para. 140 not in operation at Royal Assent, see s. 8(1)(b)

I280Sch. 1 para. 140 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

141.—(1) Article 10 is amended as follows.N.I.

(2) In paragraph (1)—

(a)omit “or” at the end of sub-paragraph (a);

(b)for sub-paragraph (b) substitute—

(b)to exercise social care and children functions (see Article 10A); or

(c)to exercise, on behalf of the Department, such functions as the Department may direct under Article 10B..

(3) In paragraph (3)—

(a)omit “this Article,”;

(b)omit sub-paragraph (a).

Commencement Information

I281Sch. 1 para. 141 not in operation at Royal Assent, see s. 8(1)(b)

I282Sch. 1 para. 141 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

142.  After Article 10 insert—N.I.

Definition of social care and children functions”

10A.(1) In Article 10 and Schedule 3 “social care and children functions” means the following functions (so far as they are exercisable by HSC trusts under the provisions conferring them)—

(a)functions under sections 35 and 96 of the Children and Young Persons Act (Northern Ireland) 1968;

(b)functions under Articles 15, 36, 37, 38, 39, 99, 101 and 101A of, and Schedule 6 to, the Health and Personal Social Services (Northern Ireland) Order 1972;

(c)functions under sections 1(2), 2 and 12(1) of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978;

(d)functions under the Mental Health (Northern Ireland) Order 1986;

(e)functions under the Adoption (Northern Ireland) Order 1987;

(f)functions under sections 4 to 9 of the Disabled Persons (Northern Ireland) Act 1989;

(g)functions under the Children (Northern Ireland) Order 1995;

(h)the function of making or submitting pre-sentence reports within the meaning of Article 2(2) of the Criminal Justice (Northern Ireland) Order 1996 or Article 4(1) of the Criminal Justice (Northern Ireland) Order 2008;

(i)functions under the Carers and Direct Payments Act (Northern Ireland) 2002;

(j)functions under the Mental Capacity Act (Northern Ireland) 2016.

(2) The Department may by regulations amend the list of social care and children functions set out in paragraph (1)..

Commencement Information

I283Sch. 1 para. 142 not in operation at Royal Assent, see s. 8(1)(b)

I284Sch. 1 para. 142 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

143.  After Article 10A insert—N.I.

Certain functions of the Department to be exercisable on its behalf by HSC trusts

10B.(1) The Department may by direction provide for specified functions of the Department to be exercisable, in relation to the operational area of a specified HSC trust, by that trust on behalf of the Department.

(2) In this Article—

delegation direction” means a direction under paragraph (1);

specified” means specified in a delegation direction.

(3) A delegation direction comes into operation on such date as may be specified.

(4) A delegation direction may contain such transitional provisions as the Department thinks appropriate, including in particular provisions—

(a)for specified acts done by or in relation to the Department or an HSC trust at any time before the direction comes into operation to have effect after that time for specified purposes as if done by or in relation to the other of them;

(b)for any reference to the Department or an HSC trust in any statutory provision, statutory document (within the meaning of section 1(e) of the Interpretation Act (Northern Ireland) 1954) or order or direction of a court to have effect for specified purposes as a reference to the other of them;

and any such transitional provisions have effect, for those purposes, in relation to such acts, statutory provisions, statutory documents, orders or directions.

(5) An HSC trust is—

(a)entitled to enforce any rights acquired in the exercise of any delegated functions, and

(b)liable in respect of any liabilities incurred (including any liabilities in tort) in the exercise of any delegated functions,

in all respects as if it were acting as a principal; and all proceedings for the enforcement of such rights or liabilities are to be brought by or against the trust in its own name.

(6) In paragraph (5) “delegated functions” means functions exercised by the trust by virtue of a delegation direction.

(7) References in any other statutory provision to functions of an HSC trust include references to functions exercisable by an HSC trust on behalf of the Department by virtue of a delegation direction.

(8) The Department may by regulations make such amendments to any statutory provision as appear to the Department to be necessary or expedient to facilitate, or to be otherwise consequential on, the exercise by HSC trusts of functions of the Department by virtue of delegation directions..

Commencement Information

I285Sch. 1 para. 143 not in operation at Royal Assent, see s. 8(1)(b)

I286Sch. 1 para. 143 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

144.—(1) Article 21 is amended as follows.N.I.

(2) In paragraph (1)—

(a)for “every Health and Social Services Board” substitute “the Department”;

(b)for “the Board” substitute “the Department”.

(3) In paragraph (4), for “the Regional Board” substitute “the Department”.

(4) In paragraph (5), for “a Health and Social Services Board” substitute “the Department”.

Commencement Information

I287Sch. 1 para. 144 not in operation at Royal Assent, see s. 8(1)(b)

I288Sch. 1 para. 144 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

145.—(1) Article 23 is amended as follows.N.I.

(2) In paragraph (1), omit “the Regional Board,”.

(3) In consequence, in the heading to the Article, for “Boards” substitute “the Regional Agency”.

Commencement Information

I289Sch. 1 para. 145 not in operation at Royal Assent, see s. 8(1)(b)

I290Sch. 1 para. 145 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

146.  In Article 24(2), omit sub-paragraph (a).N.I.

Commencement Information

I291Sch. 1 para. 146 not in operation at Royal Assent, see s. 8(1)(b)

I292Sch. 1 para. 146 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

147.—(1) Article 33 is amended as follows.N.I.

(2) At the end of paragraph (1) add “; but this is subject to paragraph (1A).”.

(3) After paragraph (1) insert—

(1A) Regulations under the provisions mentioned in paragraph (1B) that amend only statutory instruments are subject to negative resolution; and no other regulations may be made under those provisions unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

(1B) The provisions are—

(a)Article 10B(8);

(b)paragraph 22A(8) of Schedule 3..

(4) After paragraph (4) insert—

(5) Any guidance given by the Department under this Order—

(a)is to be in writing, and

(b)may be varied or revoked by subsequent guidance..

(5) In the heading, for “and directions” substitute “, directions and guidance”.

Commencement Information

I293Sch. 1 para. 147 not in operation at Royal Assent, see s. 8(1)(b)

I294Sch. 1 para. 147 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

148.—(1) Schedule 3 is amended as follows.N.I.

(2) For paragraph 3A substitute—

3A.(1) This paragraph applies where an HSC trust is to exercise—

(a)social care and children functions, or

(b)functions on behalf of the Department by virtue of a delegation direction under Article 10B(1).

(2) An order in relation to the trust must specify the operational area of the trust, that is to say, the area in relation to which those functions are to be exercisable..

(3) In paragraph 6, for sub-paragraphs (2) and (3) substitute—

(2) The Department may give directions of a general or specific nature to an HSC trust as to the carrying out by that trust of any of its functions.

(3) The Department may give guidance to an HSC trust as to the carrying out by that trust of any of its functions.

(4) Any directions under sub-paragraph (2) with respect to—

(a)the power conferred on an HSC trust by paragraph 1 of Schedule 4, or

(b)the maximum amount which an HSC trust may invest in any investments or class of investments,

may be given only with the consent of the Department of Finance.

(5) The Department must consult the HSC trust concerned before giving any directions under sub-paragraph (2).

(6) Where the Department is of the opinion that because of the urgency of the matter it is necessary to give directions under sub-paragraph (2) without consulting the HSC trust concerned—

(a)sub-paragraph (5) does not apply; but

(b)the Department must as soon as reasonably practicable give notice to the HSC trust concerned of the grounds on which the Department formed that opinion.

(7) The Department must not give any direction or guidance under this paragraph that would be inconsistent with the framework document.

(8) An HSC trust must—

(a)comply with any directions given to it under sub-paragraph (2), and

(b)have regard to any guidance given to it under sub-paragraph (3)..

(4) For paragraph 6A substitute—

6A.(1) An HSC trust must record such information with respect to the exercise of its functions as the Department may direct.

(2) The information must be recorded in such form, and retained for such period, as the Department may direct..

(5) After paragraph 6A insert—

6B.(1) An HSC trust must submit to the Department a scheme for the exercise by the trust of its social care and children functions.

(2) The Department may approve a scheme submitted to it by an HSC trust under sub-paragraph (1), either without modifications or with such modifications as may be agreed with the trust.

(3) An HSC trust must give effect to any scheme approved by theDepartment under sub-paragraph (2).

(4) An HSC trust—

(a)may at any time, and

(b)must if so requested by the Department,

submit a new scheme under this paragraph to the Department; and sub-paragraphs (2) and (3) apply to any such new scheme as they apply to a scheme submitted under sub-paragraph (1)..

(6) After paragraph 6B insert—

6C.(1) The Department may by direction require an HSC trust to submit to the Department a scheme for the exercise by the trust on behalf of the Department of functions which are, or are proposed to become, exercisable by the trust by virtue of a delegation direction under Article 10B.

(2) The Department may approve a scheme submitted to it by an HSC trust under sub-paragraph (1), either without modifications or with such modifications as may be agreed with the trust.

(3) An HSC trust must give effect to any scheme approved by theDepartment under sub-paragraph (2).

(4) An HSC trust—

(a)may at any time, and

(b)must, if so requested by the Department

submit a new scheme under this paragraph to the Department; and sub-paragraphs (2) and (3) apply to any such new scheme as they apply to a scheme submitted under sub-paragraph (1)..

(7) In paragraph 13, for the words from “(other than functions” to “Order 1994)” substitute “(other than social care and children functions and functions exercisable on behalf of the Department by virtue of a delegation direction under Article 10B(1))”.

(8) After paragraph 22 insert—

Part 3AN.I.Directions that Certain Functions be exercised by others

22A.(1) The Department may by direction provide for specified social care and children functions to cease to be exercisable by an HSC trust and to be exercisable instead by—

(a)the Department;

(b)another HSC trust;

(c)another specified person or body.

(2) In this paragraph—

specified” means specified in a direction under sub-paragraph (1);

substituted person or body” means a person or body specified in a direction under sub-paragraph (1) as a person or body that is to exercise functions by virtue of the direction.

(3) A direction under sub-paragraph (1) comes into operation on such date as may be specified.

(4) A direction under sub-paragraph (1) may contain such transitional provisions as the Department thinks appropriate, including in particular provisions—

(a)for specified acts done by or in relation to the HSC trust or a substituted person or body at any time before the direction comes into operation to have effect after that time for specified purposes as if done by or in relation to a substituted person or body or, as the case may be, the HSC trust;

(b)for any reference to the HSC trust or a substituted person or body in any statutory provision, statutory document (within the meaning of section 1(e) of the Interpretation Act (Northern Ireland) 1954) or order or direction of a court to have effect for specified purposes as a reference to a substituted person or body or, as the case may be, the HSC trust;

and any such transitional provisions have effect, for those purposes, in relation to such acts, statutory provisions, statutory documents, orders or directions.

(5) A substituted person or body is—

(a)entitled to enforce any rights acquired in the exercise of any functions by virtue of a direction under sub-paragraph (1), and

(b)liable in respect of any liabilities incurred (including any liabilities in tort) in the exercise of any such functions;

and all proceedings for the enforcement of such rights or liabilities are to be brought by or against that person or body in its own name.

(6) References in any other statutory provision to functions of an HSC trust or any specified person or body include references to functions exercisable by virtue of a direction under sub-paragraph (1).

(7) The Department may by regulations provide that paragraph 6(2) to (8) (power of Department to give directions and guidance) are to apply, subject to such modifications as may be prescribed, as between the Department and a substituted person or body in relation to such social care and children functions as may be prescribed.

(8) The Department may by regulations make such amendments to any statutory provision as appear to the Department to be necessary or expedient to facilitate, or to be otherwise consequential on, the exercise of functions by virtue of a direction under sub-paragraph (1)..

Commencement Information

I295Sch. 1 para. 148 not in operation at Royal Assent, see s. 8(1)(b)

I296Sch. 1 para. 148 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

149.  In Schedule 5, omit the amendment of section 11(1) of the Disabled Persons (Northern Ireland) Act 1989.N.I.

Commencement Information

I297Sch. 1 para. 149 not in operation at Royal Assent, see s. 8(1)(b)

I298Sch. 1 para. 149 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Food Safety (Northern Ireland) Order 1991N.I.

150.  In Article 8(9) of the Food Safety (Northern Ireland) Order 1991—N.I.

(a)in sub-paragraph (b), for “the Health and Social Services Board” substitute “the Regional Agency for Public Health and Social Well-being”;

(b)omit sub-paragraph (c).

Commencement Information

I299Sch. 1 para. 150 not in operation at Royal Assent, see s. 8(1)(b)

I300Sch. 1 para. 150 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Social Security Contributions and Benefits (Northern Ireland) Act 1992N.I.

151.  In Schedule 9 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992, in paragraph 1(2)—N.I.

(a)omit “a Health and Social Services Board or”;

(b)for the words from “a Health and Social Services trust” to the end substitute “a Health and Social Care trust.”.

Commencement Information

I301Sch. 1 para. 151 not in operation at Royal Assent, see s. 8(1)(b)

I302Sch. 1 para. 151 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Social Security Administration (Northern Ireland) Act 1992N.I.

152.  In section 14 of the Social Security Administration (Northern Ireland) Act 1992—N.I.

(a)in subsections (1) and (3), for “Board” (in each place) substitute “trust”;

(b)for subsection (4) substitute—

(4) In this section “trust” means a Health and Social Care trust.;

(c)in the heading, for “Health and Social Services Boards” substitute “Health and Social Care trusts”.

Commencement Information

I303Sch. 1 para. 152 not in operation at Royal Assent, see s. 8(1)(b)

I304Sch. 1 para. 152 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Access to Health Records (Northern Ireland) Order 1993N.I.

153.—(1) The Access to Health Records (Northern Ireland) Order 1993 is amended as follows.N.I.

(2) In Article 2(2)—

(a)omit the definition of “Health and Social Services Board”;

(b)in the definition of “health service body”, omit paragraph (a).

(3) In Article 3(2)—

(a)for “a Health and Social Services Board” (in both places) substitute “the Department”;

(b)for “the Board” (in both places) substitute “the Department”.

Commencement Information

I305Sch. 1 para. 153 not in operation at Royal Assent, see s. 8(1)(b)

I306Sch. 1 para. 153 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Health and Personal Social Services (Northern Ireland) Order 1994N.I.

154.—(1) The 1994 Order is amended as follows.N.I.

(2) Omit Articles 3 and 4.

(3) In Schedule 1, omit—

(a)in the amendment to Articles 112, 113 and 114, the words from “and at the end of” to the end (that is to say, the insertion of paragraph (2) of each of those Articles);

(b)the amendments that add Articles 115(4), 116(6) and 118(5);

(c)the amendment to section 5(9) of the Disabled Persons (Northern Ireland) Act 1989;

(d)the amendment that inserts the definition of “relevant authority” into section 11(1) of that Act;

(e)the amendment to paragraph 13 of Schedule 3 to the 1991 Order.

Commencement Information

I307Sch. 1 para. 154 not in operation at Royal Assent, see s. 8(1)(b)

I308Sch. 1 para. 154 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Children (Northern Ireland) Order 1995N.I.

155.  The Children (Northern Ireland) Order 1995 is amended as follows.N.I.

Commencement Information

I309Sch. 1 para. 155 not in operation at Royal Assent, see s. 8(1)(b)

I310Sch. 1 para. 155 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

156.—(1) Article 2 is amended as follows.N.I.

(2) In paragraph (2)—

(a)in the definition of “authority”, for “and subject to paragraphs (3) and (4), a Board” substitute “, 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”;

(b)omit the definition of “Board”.

(3) Omit paragraph (3).

(4) For paragraph (4) substitute—

(4) References in this Order to the area of an authority are to the operational area of an HSC trust (as defined in Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972)..

Commencement Information

I311Sch. 1 para. 156 not in operation at Royal Assent, see s. 8(1)(b)

I312Sch. 1 para. 156 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

157.  For Article 17A(3) substitute—N.I.

(3) An assessment under this Article is to be carried out in such manner, and is to take such form, as the authority considers appropriate; but this is subject to any directions given to the authority under paragraph 6 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991..

Commencement Information

I313Sch. 1 para. 157 not in operation at Royal Assent, see s. 8(1)(b)

I314Sch. 1 para. 157 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

158.  For Article 18A(4) substitute—N.I.

(4) An assessment under this Article is to be carried out in such manner, and is to take such form, as the authority considers appropriate; but this is subject to any directions given to the authority under paragraph 6 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991..

Commencement Information

I315Sch. 1 para. 158 not in operation at Royal Assent, see s. 8(1)(b)

I316Sch. 1 para. 158 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

159.  Omit Article 46(3)(a).N.I.

Commencement Information

I317Sch. 1 para. 159 not in operation at Royal Assent, see s. 8(1)(b)

I318Sch. 1 para. 159 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

160.  In Article 61(2), for the words from “functions exercisable on behalf of” to the end substitute “social care and children functions within the meaning of Article 10A of the Health and Personal Social Services (Northern Ireland) Order 1991 and functions exercisable by virtue of a delegation direction under Article 10B(1) of that Order).”.N.I.

Commencement Information

I319Sch. 1 para. 160 not in operation at Royal Assent, see s. 8(1)(b)

I320Sch. 1 para. 160 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

161.  Omit Article 66(11)(a).N.I.

Commencement Information

I321Sch. 1 para. 161 not in operation at Royal Assent, see s. 8(1)(b)

I322Sch. 1 para. 161 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

162.  In Article 121—N.I.

(a)in paragraph (2)(d), omit “Board or”;

(b)in paragraph (3)(a), omit “Board,”.

Commencement Information

I323Sch. 1 para. 162 not in operation at Royal Assent, see s. 8(1)(b)

I324Sch. 1 para. 162 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

163.  In Article 149(5)(a), omit “Board or”.N.I.

Commencement Information

I325Sch. 1 para. 163 not in operation at Royal Assent, see s. 8(1)(b)

I326Sch. 1 para. 163 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

164.  In Article 173(1), omit “Board or” (in each place).N.I.

Commencement Information

I327Sch. 1 para. 164 not in operation at Royal Assent, see s. 8(1)(b)

I328Sch. 1 para. 164 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

165.—(1) Article 174 is amended as follows.N.I.

(2) Omit paragraph (1).

(3) In paragraph (3)—

(a)omit “(1) or”;

(b)omit “Board or”.

(4) In paragraph (4)—

(a)for “(1) to” substitute “(2) and”;

(b)omit “Board or”.

(5) In paragraphs (5) and (6), omit “Board or”.

Commencement Information

I329Sch. 1 para. 165 not in operation at Royal Assent, see s. 8(1)(b)

I330Sch. 1 para. 165 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

166.—(1) In Schedule 2, paragraph 2A is amended as follows.N.I.

(2) In sub-paragraph (2)—

(a)for “Every Board” substitute “The Department”;

(b)omit “by it”.

(3) In sub-paragraph (3)—

(a)in the opening words, for “a Board” substitute “the Department”;

(b)in paragraph (a), omit the words from “the whole or any part” to the end;

(c)in paragraph (c), omit the words from “the whole or any part” to the end;

(d)in paragraph (d)—

(i)for “the Board” (in the first place) substitute “the Department”;

(ii)omit “by the Board” (in the first place);

(iii)omit “in the Board’s area”;

(iv)for “by the Board” (in the second place) substitute “by an HSC trust”;

(e)in paragraph (h), for “the Board” substitute “the Department”;

(f)omit paragraph (i) and the “and” preceding it.

(4) Omit sub-paragraph (4).

Commencement Information

I331Sch. 1 para. 166 not in operation at Royal Assent, see s. 8(1)(b)

I332Sch. 1 para. 166 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Trade Union and Labour Relations (Northern Ireland) Order 1995N.I.

167.  In Article 144 of the Trade Union and Labour Relations (Northern Ireland) Order 1995—N.I.

(a)for “a Health and Social Services Board” (in each place) substitute “the Department of Health”;

(b)for “that Board” (in both places) substitute “the Department of Health”.

Commencement Information

I333Sch. 1 para. 167 not in operation at Royal Assent, see s. 8(1)(b)

I334Sch. 1 para. 167 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Education (Northern Ireland) Order 1996N.I.

168.—(1) The Education (Northern Ireland) Order 1996 is amended as follows.N.I.

(2) In Article 12A (as set out in section 4 of the Special Educational Needs and Disability Act (Northern Ireland) 2016), in paragraph (4), omit paragraph (a) of the definition of “health and social services authority”.

(3) In Article 14—

(a)in paragraph (6), omit sub-paragraph (a);

(b)in the heading, omit “health and social services boards and”.

Commencement Information

I335Sch. 1 para. 168 not in operation at Royal Assent, see s. 8(1)(b)

I336Sch. 1 para. 168 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Employment Rights (Northern Ireland) Order 1996N.I.

169.—(1) The Employment Rights (Northern Ireland) Order 1996 is amended as follows.N.I.

(2) In Article 14(9), after sub-paragraph (c) add—

(d)the Regional Health and Social Care Board;

(e)the Regional Agency for Public Health and Social Well-being;

(f)the Regional Business Services Organisation..

(3) In Article 67K—

(a)in paragraph (1)(ba) and (c), for “a Health and Social Services Board” substitute “the Department of Health”;

(b)in paragraph (2)(aa), for “the Board referred to in that sub-paragraph” substitute “the Department of Health”;

(c)in paragraph (2)(b), for “the board referred to in that sub-paragraph” substitute “the Department of Health”.

(4) In Article 78(6), omit sub-paragraph (a).

Commencement Information

I337Sch. 1 para. 169 not in operation at Royal Assent, see s. 8(1)(b)

I338Sch. 1 para. 169 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Criminal Justice (Northern Ireland) Order 1996N.I.

170.—(1) Article 2 of the Criminal Justice (Northern Ireland) Order 1996 is amended as follows.N.I.

(2) In paragraph (2)—

(a)omit the definition of “Board”;

(b)in the definition of “pre-sentence report”, for “a Board or” substitute “an”.

(3) In paragraph (3), for the words from “by which functions” to the end of the paragraph substitute “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.”.

Commencement Information

I339Sch. 1 para. 170 not in operation at Royal Assent, see s. 8(1)(b)

I340Sch. 1 para. 170 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Health Services (Primary Care) (Northern Ireland) Order 1997N.I.

171.  The Health Services (Primary Care) (Northern Ireland) Order 1997 is amended as follows.N.I.

Commencement Information

I341Sch. 1 para. 171 not in operation at Royal Assent, see s. 8(1)(b)

I342Sch. 1 para. 171 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

172.  In Article 1(5), for “A board or” substitute “An”.N.I.

Commencement Information

I343Sch. 1 para. 172 not in operation at Royal Assent, see s. 8(1)(b)

I344Sch. 1 para. 172 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

173.  In Article 2(3), omit the definition of “board”.N.I.

Commencement Information

I345Sch. 1 para. 173 not in operation at Royal Assent, see s. 8(1)(b)

I346Sch. 1 para. 173 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

174.—(1) Article 3 is amended as follows.N.I.

(2) In paragraph (1)—

(a)for “a board with respect to its area and” substitute “the Department”;

(b)omit sub-paragraph (a);

(c)in sub-paragraph (b), for “the board” substitute “the Department”.

(3) Omit paragraph (2).

(4) In paragraph (3), in sub-paragraph (a), omit “personal medical services or”.

(5) In paragraph (5)—

(a)omit sub-paragraph (a);

(b)in sub-paragraph (b), for “the board concerned” substitute “the Department”.

(6) In paragraph (7), omit the definition of “personal medical services”.

Commencement Information

I347Sch. 1 para. 174 not in operation at Royal Assent, see s. 8(1)(b)

I348Sch. 1 para. 174 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

175.  Omit Article 4.N.I.

Commencement Information

I349Sch. 1 para. 175 not in operation at Royal Assent, see s. 8(1)(b)

I350Sch. 1 para. 175 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

176.  In Article 5(2), for “a board” substitute “the Department”.N.I.

Commencement Information

I351Sch. 1 para. 176 not in operation at Royal Assent, see s. 8(1)(b)

I352Sch. 1 para. 176 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

177.  Omit Articles 6 and 7.N.I.

Commencement Information

I353Sch. 1 para. 177 not in operation at Royal Assent, see s. 8(1)(b)

I354Sch. 1 para. 177 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

178.  For Article 8 substitute—N.I.

Implementation of pilot schemes

8.(1) Before implementing a pilot scheme the Department must—

(a)prepare proposals for the scheme, and

(b)consult such persons as appear to it to be representative of persons who, in the opinion of the Department, may be significantly affected by the scheme.

(2) Proposals for a pilot scheme must include satisfactory provision for any participant other than the Department to withdraw from the scheme if the participant wishes to do so.

(3) A proposed participant in a pilot scheme (other than the Department)may withdraw at any time before the scheme is implemented in relation to that person.

(4) As soon as is reasonably practicable after implementing a pilot scheme, the Department must publish such details of the scheme as it considers to be appropriate..

Commencement Information

I355Sch. 1 para. 178 not in operation at Royal Assent, see s. 8(1)(b)

I356Sch. 1 para. 178 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

179.  In Article 9(3), omit sub-paragraph (a).N.I.

Commencement Information

I357Sch. 1 para. 179 not in operation at Royal Assent, see s. 8(1)(b)

I358Sch. 1 para. 179 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

180.—(1) Article 10 is amended as follows.N.I.

(2) In paragraph (1), for the words from “by directions” to the end of the paragraph substitute “vary a pilot scheme that has been implemented.”.

(3) In paragraph (2)—

(a)for “Directions under paragraph (1) may be given” substitute “The Department may vary a pilot scheme under paragraph (1)”;

(b)in sub-paragraph (a), for “the board or by any other” substitute “any”.

(4) For paragraph (3) substitute—

(3) A participant in a pilot scheme (other than the Department) may withdraw at any time before a variation of the scheme is implemented in relation to that person.

(3A) As soon as is reasonably practical after implementing a variation, the Department must publish such details of the scheme as varied as it considers to be appropriate..

(5) In paragraph (4), for the words from “give directions” to the end of the paragraph substitute “bring the scheme to an end.”.

Commencement Information

I359Sch. 1 para. 180 not in operation at Royal Assent, see s. 8(1)(b)

I360Sch. 1 para. 180 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

181.—(1) Article 11 is amended as follows.N.I.

(2) In paragraph (1), omit the words from “, apart from Article 17(1)” to “its behalf),”.

(3) In paragraph (2), omit sub-paragraph (b) and the preceding “but”.

(4) Omit paragraph (3).

Commencement Information

I361Sch. 1 para. 181 not in operation at Royal Assent, see s. 8(1)(b)

I362Sch. 1 para. 181 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

182.  Omit Articles 12, 13, 14 and 16.N.I.

Commencement Information

I363Sch. 1 para. 182 not in operation at Royal Assent, see s. 8(1)(b)

I364Sch. 1 para. 182 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

183.—(1) Article 18 is amended as follows.N.I.

(2) In paragraph (1), for “boards” substitute “the Department”.

(3) In paragraph (3), for “a board” (in both places) substitute “the Department”.

Commencement Information

I365Sch. 1 para. 183 not in operation at Royal Assent, see s. 8(1)(b)

I366Sch. 1 para. 183 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

184.  Omit Articles 27 and 28.N.I.

Commencement Information

I367Sch. 1 para. 184 not in operation at Royal Assent, see s. 8(1)(b)

I368Sch. 1 para. 184 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

185.  In Article 31, omit paragraphs (4) and (5).N.I.

Commencement Information

I369Sch. 1 para. 185 not in operation at Royal Assent, see s. 8(1)(b)

I370Sch. 1 para. 185 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

186.  Omit Schedule 1.N.I.

Commencement Information

I371Sch. 1 para. 186 not in operation at Royal Assent, see s. 8(1)(b)

I372Sch. 1 para. 186 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Freedom of Information Act 2000N.I.

187.  In Schedule 1 to the Freedom of Information Act 2000—N.I.

(a)in paragraph 48, for “Health and Social Services Trust” substitute “Health and Social Care trust”;

(b)omit paragraph 51C.

Commencement Information

I373Sch. 1 para. 187 not in operation at Royal Assent, see s. 8(1)(b)

I374Sch. 1 para. 187 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Criminal Justice and Court Services Act 2000N.I.

188.—(1) Section 36 of the Criminal Justice and Court Services Act 2000 is amended as follows.N.I.

(2) For subsection (8)(a) substitute—

(a)a position whose normal duties consist wholly or mainly of the direction or oversight of the exercise of the functions of the Department of Health in Northern Ireland that are mentioned in subsection (8A),.

(3) In subsection (8)(b), for “Health and Social Services trust” substitute “Health and Social Care trust”.

(4) After subsection (8) insert—

(8A) The functions referred to in subsection (8)(a) are those functions of the Department that relate to, or are exercised in connection with, the social care and children functions of Health and Social Care trusts (within the meaning given by Article 10A of the Health and Personal Social Services (Northern Ireland) Order 1991)..

Commencement Information

I375Sch. 1 para. 188 not in operation at Royal Assent, see s. 8(1)(b)

I376Sch. 1 para. 188 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Health and Personal Social Services Act (Northern Ireland) 2001N.I.

189.—(1) The Health and Personal Social Services Act (Northern Ireland) 2001 is amended as follows.N.I.

(2) In section 2(3)—

(a)in paragraph (a), for “the Regional Board or an” substitute “the Department or an”;

(b)in paragraph (d), for “the Regional Board” substitute “the Department”.

(3) In section 51(4)—

(a)for “the Regional Board” substitute “the Department”;

(b)omit “which occurred in the Board’s area”.

(4) Omit section 54(1)(a).

Commencement Information

I377Sch. 1 para. 189 not in operation at Royal Assent, see s. 8(1)(b)

I378Sch. 1 para. 189 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Carers and Direct Payments Act (Northern Ireland) 2002N.I.

190.—(1) The Carers and Direct Payments Act (Northern Ireland) 2002 is amended as follows.N.I.

(2) For section 1(4) substitute—

(4) An assessment under this section is to be carried out in such manner, and is to take such form, as the authority considers appropriate; but this is subject to any directions given to the authority under paragraph 6 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991..

(3) For section 10(3) substitute—

(3) In this Act “authority”, in relation to a person, means the HSC trusting whose area the person resides..

Commencement Information

I379Sch. 1 para. 190 not in operation at Royal Assent, see s. 8(1)(b)

I380Sch. 1 para. 190 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Health and Personal Social Services Act (Northern Ireland) 2002N.I.

191.  Omit section 1(3) of the Health and Personal Social Services Act (Northern Ireland) 2002.N.I.

Commencement Information

I381Sch. 1 para. 191 not in operation at Royal Assent, see s. 8(1)(b)

I382Sch. 1 para. 191 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Justice (Northern Ireland) Act 2002N.I.

192.  In section 46 of the Justice (Northern Ireland) Act 2002—N.I.

(a)in subsection (1)(i), omit “Health and Social Services Boards and”;

(b)in subsection (5), omit “a Health and Social Services Board or”.

Commencement Information

I383Sch. 1 para. 192 not in operation at Royal Assent, see s. 8(1)(b)

I384Sch. 1 para. 192 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Adoption and Children Act 2002N.I.

193.—(1) The Adoption and Children Act 2002 is amended as follows.N.I.

(2) In section 63—

(a)in subsection (4)(a), for the words from “Health and Social Services Board” to the end of the paragraph substitute “Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991,”;

(b)in subsection (4)(b), for “adoption society which is registered under Article 4” substitute “appropriate voluntary organisation within the meaning of Article 2(2)”;

(c)omit subsection (5).

(3) In section 65(2)(b)—

(a)for “a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14))” substitute “a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991”;

(b)for “adoption society which is registered under Article 4” substitute “appropriate voluntary organisation within the meaning of Article 2(2)”.

Commencement Information

I385Sch. 1 para. 193 not in operation at Royal Assent, see s. 8(1)(b)

I386Sch. 1 para. 193 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Nationality, Immigration and Asylum Act 2002N.I.

194.—(1) Section 46(7) of the Nationality, Immigration and Asylum Act 2002 is amended as follows.N.I.

(2) In Article 15(7) of the 1972 Order as set out in that subsection, for “the Department” substitute “an HSC trust”.

Commencement Information

I387Sch. 1 para. 194 not in operation at Royal Assent, see s. 8(1)(b)

I388Sch. 1 para. 194 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Marriage (Northern Ireland) Order 2003N.I.

195.—(1) The Marriage (Northern Ireland) Order 2003 is amended as follows.N.I.

(2) In Article 22(2)(c), omit “Health and Social Services Board or”.

(3) In Article 29(3)(b), for “Health and Social Services Board” substitute “Health and Social Care trust”.

Commencement Information

I389Sch. 1 para. 195 not in operation at Royal Assent, see s. 8(1)(b)

I390Sch. 1 para. 195 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003N.I.

196.—(1) The Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 is amended as follows.N.I.

(2) In Article 2(2), in the definition of “director of social care”, for paragraph (a) substitute—

(a)a person employed in a role the normal duties of which consist wholly or mainly of the direction or oversight of the exercise of the functions of the Department that are mentioned in paragraph (2A), or.

(3) After Article 2(2) insert—

(2A) The functions of the Department referred to in the definition of“director of social care” are those functions that relate to, or are exercised in connection with, the social care and children functions of Health and Social Care trusts (within the meaning given by Article 10A of the Health and Personal Social Services (Northern Ireland) Order 1991)..

(4) In Article 29(1), for “a director of social care” substitute “an executive director of social work of a Health and Social Care trust”.

(5) In Article 31(6)(a), omit “a Health and Social Services Board or”.

Commencement Information

I391Sch. 1 para. 196 not in operation at Royal Assent, see s. 8(1)(b)

I392Sch. 1 para. 196 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003N.I.

197.  The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 is amended as follows.N.I.

Commencement Information

I393Sch. 1 para. 197 not in operation at Royal Assent, see s. 8(1)(b)

I394Sch. 1 para. 197 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

198.  In Article 4(1)(b), omit “Health and Social Services Boards,”.N.I.

Commencement Information

I395Sch. 1 para. 198 not in operation at Royal Assent, see s. 8(1)(b)

I396Sch. 1 para. 198 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

199.  In Article 21(3), for the words from “the Department” to the end of the paragraph substitute “the following persons of the making of the application—N.I.

(a)the Department;

(b)the HSC trust in whose operational area the establishment or agency in question is located; and

(c)any HSC trust that has entered into arrangements with the establishment or agency under paragraph 13 of Schedule 3 to the the Health and Personal Social Services (Northern Ireland) Order 1991..

Commencement Information

I397Sch. 1 para. 199 not in operation at Royal Assent, see s. 8(1)(b)

I398Sch. 1 para. 199 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

200.  In Article 34(1)—N.I.

(a)omit “Each Health and Social Services Board and”;

(b)for “them” substitute “that care”.

Commencement Information

I399Sch. 1 para. 200 not in operation at Royal Assent, see s. 8(1)(b)

I400Sch. 1 para. 200 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

201.  In Article 35(9), omit “a Health and Social Services Board,”.N.I.

Commencement Information

I401Sch. 1 para. 201 not in operation at Royal Assent, see s. 8(1)(b)

I402Sch. 1 para. 201 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

202.  In Article 36(1)—N.I.

(a)omit “Each Health and Social Services Board and”;

(b)in sub-paragraph (a), omit “Board’s or”;

(c)in sub-paragraph (b), omit “Board or”.

Commencement Information

I403Sch. 1 para. 202 not in operation at Royal Assent, see s. 8(1)(b)

I404Sch. 1 para. 202 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

203.  In Article 37(1), omit “Health and Social Services Boards and”.N.I.

Commencement Information

I405Sch. 1 para. 203 not in operation at Royal Assent, see s. 8(1)(b)

I406Sch. 1 para. 203 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

204.  In Article 39(1)—N.I.

(a)for “a Health and Social Services Board,” substitute “an”;

(b)omit “Board,”.

Commencement Information

I407Sch. 1 para. 204 not in operation at Royal Assent, see s. 8(1)(b)

I408Sch. 1 para. 204 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

205.  In Article 41—N.I.

(a)in paragraph (1), for “a Health and Social Services Board,” substitute “an”;

(b)in the heading, for “Boards and HSC trusts, etc.” substitute “HSC trusts, special agencies and service providers”.

Commencement Information

I409Sch. 1 para. 205 not in operation at Royal Assent, see s. 8(1)(b)

I410Sch. 1 para. 205 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

206.  In the heading to Part 5, omit “BOARDS AND”.N.I.

Commencement Information

I411Sch. 1 para. 206 not in operation at Royal Assent, see s. 8(1)(b)

I412Sch. 1 para. 206 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Commissioner for Children and Young People (Northern Ireland) Order 2003N.I.

207.—(1) The Commissioner for Children and Young People (Northern Ireland) Order 2003 is amended as follows.N.I.

(2) In Article 2(2), in the definition of “health and social care body”, omit paragraph (a).

(3) In Article 3(2), omit “a Health and Social Services Board or”.

Commencement Information

I413Sch. 1 para. 207 not in operation at Royal Assent, see s. 8(1)(b)

I414Sch. 1 para. 207 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Domestic Violence, Crime and Victims Act 2004N.I.

208.  In section 9(4)(b) of the Domestic Violence, Crime and Victims Act 2004—N.I.

(a)omit the words from “Health and Social Services Boards” to “(N.I. 14));”;

(b)for “Health and Social Services trusts” substitute “Health and Social Care trusts”.

Commencement Information

I415Sch. 1 para. 208 not in operation at Royal Assent, see s. 8(1)(b)

I416Sch. 1 para. 208 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Civil Partnership Act 2004N.I.

209.—(1) The Civil Partnership Act 2004 is amended as follows.N.I.

(2) In section 149(3)(b), for “Health and Social Services Board” substitute “Health and Social Care trust”.

(3) In Schedule 13—

(a)in paragraph 1, in column 2 of the table, for “Health and Social Services Board or Health and Social Services trust” substitute “Health and Social Care trust”;

(b)in paragraph 2, for “Health and Social Services trust” substitute “Health and Social Care trust”.

Commencement Information

I417Sch. 1 para. 209 not in operation at Royal Assent, see s. 8(1)(b)

I418Sch. 1 para. 209 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Emergency Workers (Obstruction) Act 2006N.I.

210.  In the Emergency Workers (Obstruction) Act 2006, in section 1(5)(b), for “Health and Social Services trust or Health and Social Services Board” substitute “Health and Social Care trust”.N.I.

Commencement Information

I419Sch. 1 para. 210 not in operation at Royal Assent, see s. 8(1)(b)

I420Sch. 1 para. 210 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Recovery of Health Services Charges (Northern Ireland) Order 2006N.I.

211.  In Article 17(3)(b) of the Recovery of Health Services Charges (Northern Ireland) Order 2006, omit “a Health and Social Services Board or”.N.I.

Commencement Information

I421Sch. 1 para. 211 not in operation at Royal Assent, see s. 8(1)(b)

I422Sch. 1 para. 211 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Water and Sewerage Services (Northern Ireland) Order 2006N.I.

212.—(1) Article 118 of the Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.N.I.

(2) In paragraph (2), for the words from “the district council” to the end substitute “the persons set out in paragraph (2A).”.

(3) After paragraph (2) insert—

(2A) The persons are—

(a)the district council for the district in which the premises are, and the supply is, situated;

(b)the HSC trust for the area in which the premises are, and the supply is, situated;

(c)the Regional Agency for Public Health and Social Well-being..

Commencement Information

I423Sch. 1 para. 212 not in operation at Royal Assent, see s. 8(1)(b)

I424Sch. 1 para. 212 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Corporate Manslaughter and Corporate Homicide Act 2007N.I.

213.  In section 6(7)(d) of the Corporate Manslaughter and Corporate Homicide Act 2007, for “Health and Social Services trust or Health and Social Services Board” substitute “Health and Social Care trust”.N.I.

Commencement Information

I425Sch. 1 para. 213 not in operation at Royal Assent, see s. 8(1)(b)

I426Sch. 1 para. 213 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Safeguarding Vulnerable Groups (Northern Ireland) Order 2007N.I.

214.—(1) In Article 2 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007, the definition of “HSC body” is amended as follows.N.I.

(2) For “within the meaning of the Health and Social Care (Reform) Act (Northern Ireland) 2009” substitute “(see the Health and Social Care (Reform) Act (Northern Ireland) 2009 for the bodies mentioned in paragraphs (b) to (e))”.

(3) For paragraph (a) substitute—

(a)the Department of Health;.

Commencement Information

I427Sch. 1 para. 214 not in operation at Royal Assent, see s. 8(1)(b)

I428Sch. 1 para. 214 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Health (Miscellaneous Provisions) Act (Northern Ireland) 2008N.I.

215.  The Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 is amended as follows.N.I.

Commencement Information

I429Sch. 1 para. 215 not in operation at Royal Assent, see s. 8(1)(b)

I430Sch. 1 para. 215 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

216.—(1) Section 2 (which inserts new Article 60A and substitutes new Articles 61 to 61F of the 1972 Order) is amended in accordance with paragraphs 217 to 223; and any reference in those paragraphs to a numbered Article is to that Article as set out in that section.N.I.

Commencement Information

I431Sch. 1 para. 216 not in operation at Royal Assent, see s. 8(1)(b)

I432Sch. 1 para. 216 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

217.—(1) Article 60A is amended as follows.N.I.

(2) In paragraph (1)—

(a)for “Each Health and Social Services Board” substitute “The Department”;

(b)omit “exercise its powers so as to”;

(c)omit “within its area” (in both places).

(3) In paragraph (2)—

(a)for “A Health and Social Services Board” substitute “The Department”;

(b)omit “(whether within or outside its area)” (in both places).

(4) In paragraph (3), for “Each Health and Social Services Board” substitute “The Department”.

(5) Omit paragraph (4).

Commencement Information

I433Sch. 1 para. 217 not in operation at Royal Assent, see s. 8(1)(b)

I434Sch. 1 para. 217 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

218.—(1) Article 61 is amended as follows.N.I.

(2) In paragraph (1), for “A Health and Social Services Board” substitute “The Department”.

(3) In paragraphs (3) and (5), for “the Health and Social Services Board” substitute “the Department”.

(4) In paragraph (4), omit sub-paragraph (b).

Commencement Information

I435Sch. 1 para. 218 not in operation at Royal Assent, see s. 8(1)(b)

I436Sch. 1 para. 218 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

219.  In Article 61B(1), for “A Health and Social Services Board” substitute “The Department”.N.I.

Commencement Information

I437Sch. 1 para. 219 not in operation at Royal Assent, see s. 8(1)(b)

I438Sch. 1 para. 219 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

220.—(1) Article 61C is amended as follows.N.I.

(2) In paragraph (1), for “give directions as to” substitute “make a scheme providing for”.

(3) In paragraph (2), for “directions” substitute “any scheme”.

(4) In paragraph (3)—

(a)for “directions” substitute “a scheme”;

(b)for “direction” (in each place) substitute “scheme”;

(c)in sub-paragraph (b)(i), for “any scheme” substitute “any method of calculation”;

(d)in sub-paragraph (d), for “a Health and Social Services Board” substitute “the Department”.

(5) In paragraph (4)—

(a)for “giving a direction” substitute “making a scheme”;

(b)in sub-paragraph (a), for “direction” substitute “scheme”.

(6) After paragraph (4) insert—

(4A) The Department must publish a scheme under paragraph (1) in such manner as it thinks appropriate..

Commencement Information

I439Sch. 1 para. 220 not in operation at Royal Assent, see s. 8(1)(b)

I440Sch. 1 para. 220 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

221.  In Article 61D(3), for “a Health and Social Services Board” substitute “the Department”.N.I.

Commencement Information

I441Sch. 1 para. 221 not in operation at Royal Assent, see s. 8(1)(b)

I442Sch. 1 para. 221 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

222.—(1) Article 61E is amended as follows.N.I.

(2) In paragraph (2)—

(a)after “paragraph (1) may” insert “in particular”;

(b)in sub-paragraph (a), for “the Department” substitute “a prescribed body”;

(c)in sub-paragraph (b), for “the Department, or a person appointed by it,” substitute “that body”.

(3) After paragraph (2) insert—

(2A) Regulations making provision as to the matters referred to in paragraph (2)(a) and (b) may make provision—

(a)as to the members of the body, including the terms and conditions of their appointment;

(b)for the payment of fees and allowances to members of the body..

Commencement Information

I443Sch. 1 para. 222 not in operation at Royal Assent, see s. 8(1)(b)

I444Sch. 1 para. 222 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

223.—(1) Article 61F is amended as follows.N.I.

(2) In paragraphs (1) and (2), for “the Regional Board” substitute “the Department”.

(3) In paragraph (3), for “, (3B) and (4)” substitute “and (3B)”.

Commencement Information

I445Sch. 1 para. 223 not in operation at Royal Assent, see s. 8(1)(b)

I446Sch. 1 para. 223 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

224.  In section 3—N.I.

(a)for “a Health and Social Services Board” (in both places) substitute “the Department”;

(b)in subsection (4), for the words from “the Department” to the end of the subsection substitute “a body specified in the order.”;

(c)after subsection (4) insert—

(4A) An order specifying a body for the purposes of subsection (4) may make provision—

(a)as to the members of the body, including the terms and conditions of their appointment;

(b)for the payment of fees and allowances to members of the body..

Commencement Information

I447Sch. 1 para. 224 not in operation at Royal Assent, see s. 8(1)(b)

I448Sch. 1 para. 224 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

225.  In section 6, for “a Health and Social Services Board” substitute “the Department”.N.I.

Commencement Information

I449Sch. 1 para. 225 not in operation at Royal Assent, see s. 8(1)(b)

I450Sch. 1 para. 225 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Criminal Justice (Northern Ireland) Order 2008N.I.

226.—(1) The Criminal Justice (Northern Ireland) Order 2008 is amended as follows.N.I.

(2) In Article 3(1), omit the definition of “HSS Board”.

(3) In Article 4(1), in the definition of “pre-sentence report”—

(a)in paragraph (a), omit “HSS Board or”;

(b)for the words from “by which functions” to the end of the definition substitute “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.”.

(4) In Article 49(1)(g), omit “HSS Boards and”.

Commencement Information

I451Sch. 1 para. 226 not in operation at Royal Assent, see s. 8(1)(b)

I452Sch. 1 para. 226 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Sexual Offences (Northern Ireland) Order 2008N.I.

227.  In the Sexual Offences (Northern Ireland) Order 2008, in Article 55(3)—N.I.

(a)omit sub-paragraph (a);

(b)in the words following sub-paragraph (e), omit “Board,”.

Commencement Information

I453Sch. 1 para. 227 not in operation at Royal Assent, see s. 8(1)(b)

I454Sch. 1 para. 227 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Health and Social Care (Reform) Act (Northern Ireland) 2009N.I.

228.  The Health and Social Care (Reform) Act (Northern Ireland) 2009 is amended as follows.N.I.

Commencement Information

I455Sch. 1 para. 228 not in operation at Royal Assent, see s. 8(1)(b)

I456Sch. 1 para. 228 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

229.  In section 1(5), omit paragraph (a).N.I.

Commencement Information

I457Sch. 1 para. 229 not in operation at Royal Assent, see s. 8(1)(b)

I458Sch. 1 para. 229 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

230.  In section 2(3)(h), omit “the Regional Board,”.N.I.

Commencement Information

I459Sch. 1 para. 230 not in operation at Royal Assent, see s. 8(1)(b)

I460Sch. 1 para. 230 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

231.  In section 6(1), omit paragraph (a).N.I.

Commencement Information

I461Sch. 1 para. 231 not in operation at Royal Assent, see s. 8(1)(b)

I462Sch. 1 para. 231 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

232.  Omit sections 7 and 8 and the italic heading before section 7.N.I.

Commencement Information

I463Sch. 1 para. 232 not in operation at Royal Assent, see s. 8(1)(b)

I464Sch. 1 para. 232 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

233.  In section 9, omit subsections (1), (3)(b), (6)(b) and (7).N.I.

Commencement Information

I465Sch. 1 para. 233 not in operation at Royal Assent, see s. 8(1)(b)

I466Sch. 1 para. 233 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

234.  Omit sections 10 and 11.N.I.

Commencement Information

I467Sch. 1 para. 234 not in operation at Royal Assent, see s. 8(1)(b)

I468Sch. 1 para. 234 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

235.  In section 13(6)(b)—N.I.

(a)omit “, the Regional Board and Local Commissioning Groups”;

(b)for “they” substitute “it”;

(c)for “their” substitute “its”.

Commencement Information

I469Sch. 1 para. 235 not in operation at Royal Assent, see s. 8(1)(b)

I470Sch. 1 para. 235 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

236.  In section 17(8), omit paragraph (b).N.I.

Commencement Information

I471Sch. 1 para. 236 not in operation at Royal Assent, see s. 8(1)(b)

I472Sch. 1 para. 236 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

237.—(1) Section 24 is amended as follows.N.I.

(2) Omit subsection (2).

(3) In subsection (3)—

(a)for “Subsections (1) and (2)” substitute “Subsection (1)”;

(b)for “apply” substitute “applies”;

(c)for “are” substitute “is”.

(4) In subsection (4), for “subsections (1) and (2) are” substitute “subsection (1) is”.

Commencement Information

I473Sch. 1 para. 237 not in operation at Royal Assent, see s. 8(1)(b)

I474Sch. 1 para. 237 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

238.  In section 27(2), omit paragraph (b).N.I.

Commencement Information

I475Sch. 1 para. 238 not in operation at Royal Assent, see s. 8(1)(b)

I476Sch. 1 para. 238 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

239.  In section 29(3), omit “or the Regional Board”.N.I.

Commencement Information

I477Sch. 1 para. 239 not in operation at Royal Assent, see s. 8(1)(b)

I478Sch. 1 para. 239 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

240.  In section 31, omit the definition of “the Regional Board”.N.I.

Commencement Information

I479Sch. 1 para. 240 not in operation at Royal Assent, see s. 8(1)(b)

I480Sch. 1 para. 240 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

241.  In Schedule 1 omit—N.I.

(a)paragraphs 1 to 7;

(b)paragraphs 8 to 11(1), except so far as those paragraphs apply to, or relate to, the Local Commissioning Groups and their members;

(c)paragraph 11(2);

(d)paragraphs 12 to 21.

Commencement Information

I481Sch. 1 para. 241 not in operation at Royal Assent, see s. 8(1)(b)

I482Sch. 1 para. 241 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

242.  In Schedule 6 omit—N.I.

(a)paragraph 3(49) and (50)(b);

(b)paragraph 13(1) and (8)(b);

(c)paragraph 18(1)(b).

Commencement Information

I483Sch. 1 para. 242 not in operation at Royal Assent, see s. 8(1)(b)

I484Sch. 1 para. 242 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Commissioner for Older People Act (Northern Ireland) 2011N.I.

243.  In section 27 of the Commissioner for Older People Act (Northern Ireland) 2011, in the definition of “health and social care body”, omit paragraph (a).N.I.

Commencement Information

I485Sch. 1 para. 243 not in operation at Royal Assent, see s. 8(1)(b)

I486Sch. 1 para. 243 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Safeguarding Board Act (Northern Ireland) 2011N.I.

244.—(1) The Safeguarding Board Act (Northern Ireland) 2011 is amended as follows.N.I.

(2) In section 1—

(a)omit subsection (3)(a);

(b)after subsection (3) insert—

(3A) The persons who may be prescribed under subsection (2)(b)include any individual employed in a role the normal duties of which consist wholly or mainly of the direction or oversight of the exercise of the functions of the Department that are mentioned in subsection (3B) (and for that purpose the employer of such an individual may be prescribed under subsection (3)(j)).

(3B) Those functions are the functions of the Department that relate to,or are exercised in connection with, the social care and children functions of Health and Social Care trusts (within the meaning given by Article 10A of the Health and Personal Social Services (Northern Ireland) Order 1991)..

(3) In section 3(6)—

(a)for “the Regional Health and Social Care Board” substitute “the Department”;

(b)omit “and Local Commissioning Groups”.

(4) In section 12(1), omit paragraph (a).

Commencement Information

I487Sch. 1 para. 244 not in operation at Royal Assent, see s. 8(1)(b)

I488Sch. 1 para. 244 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Health and Social Care (Amendment) Act (Northern Ireland) 2014N.I.

245.  In section 3(1) of the Health and Social Care (Amendment) Act (Northern Ireland) 2014, omit “1,” and “the Regional Health and Social Care Board,”.N.I.

Commencement Information

I489Sch. 1 para. 245 not in operation at Royal Assent, see s. 8(1)(b)

I490Sch. 1 para. 245 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Modern Slavery Act 2015N.I.

246.  In Schedule 3 to the Modern Slavery Act 2015, omit the reference to the Regional Health and Social Care Board.N.I.

Commencement Information

I491Sch. 1 para. 246 not in operation at Royal Assent, see s. 8(1)(b)

I492Sch. 1 para. 246 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015N.I.

247.  In section 21 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015—N.I.

(a)in subsection (1), for “The Regional Health and Social Care Board” substitute “The Department”;

(b)in subsections (3) and (4)(e)(iv), for “the Regional Health and Social Care Board” substitute “the Department”;

(c)in subsections (5) and (9), for “The Department of Health, Social Services and Public Safety” substitute “The Department”;

(d)in subsection (11), after the definition of “charity” insert—

the Department” means the Department of Health;.

Commencement Information

I493Sch. 1 para. 247 not in operation at Royal Assent, see s. 8(1)(b)

I494Sch. 1 para. 247 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Children’s Services Co-operation Act (Northern Ireland) 2015N.I.

248.  In section 9 of the Children’s Services Co-operation Act (Northern Ireland) 2015—N.I.

(a)in subsection (1), in the definition of “children’s authority”, omit paragraph (iv);

(b)in subsection (2), omit “the Regional Health and Social Care Board or”.

Commencement Information

I495Sch. 1 para. 248 not in operation at Royal Assent, see s. 8(1)(b)

I496Sch. 1 para. 248 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Welfare Reform (Northern Ireland) Order 2015N.I.

249.  In Article 120(8) of the Welfare Reform (Northern Ireland) Order 2015, in the definition of “relevant body”, omit paragraph (b).N.I.

Commencement Information

I497Sch. 1 para. 249 not in operation at Royal Assent, see s. 8(1)(b)

I498Sch. 1 para. 249 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Public Services Ombudsman Act (Northern Ireland) 2016N.I.

250.—(1) The Public Services Ombudsman Act (Northern Ireland) 2016 is amended as follows.N.I.

(2) In section 59, in the definition of “health and social care body”, omit paragraph (c).

(3) In Schedule 3, omit the reference to the Regional Health and Social Care Board.

(4) In Schedule 5, in paragraph 2, for “the Regional Health and Social Care Board” substitute “the Department of Health”.

Commencement Information

I499Sch. 1 para. 250 not in operation at Royal Assent, see s. 8(1)(b)

I500Sch. 1 para. 250 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Special Educational Needs and Disability Act (Northern Ireland) 2016N.I.

251.—(1) This paragraph applies if paragraph 168(3)(a) (amendment of Article 14 of the Education (Northern Ireland) Order 1996) comes into operation before the amendment made to that Article by subsection (4) of section 5 of the Special Educational Needs and Disability Act (Northern Ireland) 2016.N.I.

(2) That subsection is amended as follows—

(a)for “sub-paragraphs (a) and (b)” substitute “sub-paragraph (b)”;

(b)omit sub-paragraph (a) in the substituted text.

Commencement Information

I501Sch. 1 para. 251 not in operation at Royal Assent, see s. 8(1)(b)

I502Sch. 1 para. 251 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Mental Capacity Act (Northern Ireland) 2016N.I.

252.—(1) The Mental Capacity Act (Northern Ireland) 2016 is amended as follows.N.I.

(2) In section 120(3), for “the Regional Board” substitute “the Department”.

(3) In section 121(6), in the definition of “relevant record”, omit paragraph (b).

(4) In section 127(5), omit paragraph (b).

(5) In section 128(2)(b) and (3)(b), for “the Regional Board” substitute “the Department”.

(6) In section 131(5), omit paragraph (b).

(7) In section 298(3), omit “, the Regional Board”.

(8) In section 306(1), omit the definition of “the Regional Board”.

Commencement Information

I503Sch. 1 para. 252 not in operation at Royal Assent, see s. 8(1)(b)

I504Sch. 1 para. 252 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Rural Needs Act (Northern Ireland) 2016N.I.

253.  In the Schedule to the Rural Needs Act (Northern Ireland) 2016, omit the reference to the Regional Health and Social Care Board.N.I.

Commencement Information

I505Sch. 1 para. 253 not in operation at Royal Assent, see s. 8(1)(b)

I506Sch. 1 para. 253 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Justice Act (Northern Ireland) 2016N.I.

254.  In section 44(2) of the Justice Act (Northern Ireland) 2016, for paragraph (h) substitute—N.I.

(h)to the Department of Health for the purposes of the exercise of any of the functions of that Department in relation to any matter arising in connection with an investigation under this Part;.

Commencement Information

I507Sch. 1 para. 254 not in operation at Royal Assent, see s. 8(1)(b)

I508Sch. 1 para. 254 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Health and Personal Social Services (Amendment) Act (Northern Ireland) 2016N.I.

255.  Omit section 6(2) of the Health and Personal Social Services (Amendment) Act (Northern Ireland) 2016.N.I.

Commencement Information

I509Sch. 1 para. 255 not in operation at Royal Assent, see s. 8(1)(b)

I510Sch. 1 para. 255 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Health (Miscellaneous Provisions) Act (Northern Ireland) 2016N.I.

256.  Omit section 13(1) of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016.N.I.

Commencement Information

I511Sch. 1 para. 256 not in operation at Royal Assent, see s. 8(1)(b)

I512Sch. 1 para. 256 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

Coronavirus Act 2020N.I.

257.  In paragraph 4(5) of Schedule 7 to the Coronavirus Act 2020, omit paragraph (b).N.I.

Commencement Information

I513Sch. 1 para. 257 not in operation at Royal Assent, see s. 8(1)(b)

I514Sch. 1 para. 257 in operation at 1.4.2022 by S.R. 2022/102, art. 2(b)

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