Health and Social Care Act (Northern Ireland) 2022

Children (Northern Ireland) Order 1995

155.  The Children (Northern Ireland) Order 1995 is amended as follows.

156.—(1) Article 2 is amended as follows.

(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).”.

157.  For Article 17A(3) substitute—

“(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.”.

158.  For Article 18A(4) substitute—

“(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.”.

159.  Omit Article 46(3)(a).

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).”.

161.  Omit Article 66(11)(a).

162.  In Article 121—

(a) in paragraph (2)(d), omit “Board or”;

(b) in paragraph (3)(a), omit “Board,”.

163.  In Article 149(5)(a), omit “Board or”.

164.  In Article 173(1), omit “ Board or” (in each place).

165.—(1) Article 174 is amended as follows.

(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”.

166.—(1) In Schedule 2, paragraph 2A is amended as follows.

(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).