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The Health and Personal Social Services(Northern Ireland) Order 1991

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The Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14)

  • In Article 2(2) (interpretation)—

    (a)

    after the definition of “grant-aided” there shall be inserted—

    “Health and Social Services Board” means a body established under Article 16;

    “health and social services contract” has the meaning assigned to it by Article 8(3) of the 1991 Order and “HSS contract” shall be construed accordingly;

    “Health and Social Services trust” has the meaning assigned to it by Article 10(1) of the 1991 Order and “HSS trust” shall be construed accordingly;;

    (b)

    in the definition of “home for persons in need” in paragraph (b) after the word “Ministry” there shall be inserted “or managed by an HSS trust” and in paragraph (f) after the words “government department” there shall be inserted “, HSS trust”;

    (c)

    after the definition of “officer” there shall be inserted—

    • “operational date”, in relation to an HSS trust, shall be construed in accordance with paragraph 3(1)(e) of Schedule 3 to the 1991 Order;.

  • In Article 15(4) (general social welfare) the words “Subject to Article 99,” shall cease to have effect and after that paragraph there shall be inserted the following paragraph—

    (5) In so far as it relates to the provision of accommodation, this Article is subject to Articles 36, 36A and 99..

  • In Article 45(1) (travelling expenses of patients, etc.)—

    (a)

    after the word “payment” there shall be inserted “by the Department or an HSS trust”;

    (b)

    in sub-paragraph (a) after the words “this Order” there shall be inserted “or the 1991 Order”;

    (c)

    after sub-paragraph (c) there shall be added the words “and such regulations may provide for the reimbursement by the Department to an HSS trust of payments made by the trust by virtue of this paragraph.”.

  • Article 52 (emergency powers) shall be renumbered as paragraph (1) of that Article and—

    (a)

    in that paragraph for the words “this Order or the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990” and “this Order or that Order” there shall be substituted “the health and personal social services legislation”;

    (b)

    after that paragraph there shall be added the following paragraph—

    (2) In this Article, Article 53 and Article 54 “the health and personal social services legislation” means—

    (a)this Order;

    (b)the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990; and

    (c)the 1991 Order..

  • In Article 53 (default powers)—

    (a)

    in paragraph (1) for the words from the beginning to “1990” there shall be substituted “Where the Department is of opinion, on representations made to it or otherwise, that any Health and Social Services Board, special agency or HSS trust or the Agency has failed to discharge any functions conferred or imposed on it under the health and personal social services legislation”;

    (b)

    in paragraph (2) for the words from “the provisions” to “1990” there shall be substituted “the appropriate provisions of the health and personal social services legislation”.

  • In Article 54 (inquiries) for the words “this Order” there shall be substituted “the health and personal social services legislation”.

  • In Article 67 (co-operation with other bodies) after the words “Health and Social Services Boards” there shall be inserted “, HSS trusts”.

  • In Article 68 (supply of goods and services)—

    (a)

    in paragraph (1) for the words “a Health and Social Services Board, the Agency or a special agency” in the first place where they occur there shall be substituted “a body to which this Article applies” and in the second place where they occur there shall be substituted “or a body to which this Article applies”;

    (b)

    at the end there shall be added the following paragraph—

    (3) This Article applies to the following bodies—

    (a)a Health and Social Services Board;

    (b)the Agency;

    (c)a special agency;

    (d)an HSS trust..

  • Article 69 (arrangements with district councils) shall be renumbered as paragraph (1) of that Article and—

    (a)

    in that paragraph for the words “a Health and Social Services Board and a district council or a special agency and a district council” there shall be substituted “a body to which this Article applies and a district council”;

    (b)

    in that paragraph for the words “the Health and Social Services Board or, as the case may be, the special agency” there shall be substituted “that body”;

    (c)

    after that paragraph there shall be added the following paragraph—

    (2) This Article applies to the following bodies—

    (a)a Health and Social Services Board;

    (b)a special agency;

    (c)an HSS trust..

  • In Article 71(1) (arrangements with voluntary organisations) at the beginning there shall be inserted “Subject to Articles 36 and 36A,”.

  • In Article 83 for paragraph (1) there shall be substituted the following paragraphs—

    (1) Where the terms of a trust instrument authorise or require the trustees, whether immediately or in the future, to apply any part of the capital or income of the trust property for the purposes of any hospital or service administered by a Health and Social Services Board or an HSS trust, the trust instrument shall be construed as authorising or (as the case may be) requiring the trustees to apply the trust property, to the like extent, and at the like times, for the purpose of making payments, whether of capital or income, to the appropriate authority.

    (1A) In paragraph (1) “the appropriate authority” means—

    (a)where the hospital or service is administered by a Health and Social Services Board, that Board;

    (b)where the hospital or service is administered by an HSS trust and trustees have been appoined for that trust under Article 16 of the 1991 Order, those trustees;

    (c)where the hospital or service is administered by an HSS trust and sub-paragraph (b) does not apply, the HSS trust..

  • In Article 85 for paragraph (2) there shall be substituted the following paragraph—

    (2) For the purposes of giving effect to the provisions of any will, deed or other like instrument—

    (a)any reference therein to a management committee, a health authority or a welfare authority shall be construed as a reference to the appropriate Health and Social Services Board;

    (b)any reference therein to a hospital or other establishment or facility managed by a Health and Social Services Board shall be construed as a reference to that Board;

    (c)any reference therein to a hospital or other establishment or facility managed by an HSS trust shall be construed as a reference to that trust..

  • In Article 86(1) (property of voluntary organisations)—

    (a)

    in sub-paragraph (a) after the word “Boards” there shall be inserted “or HSS trusts”;

    (b)

    after the word “Board” in the first place where it occurs there shall be inserted “, an HSS trust or the trustees for an HSS trust (in this Article referred to as “the transferee”)”;

    (c)

    for the words “that Board” where they twice occur there shall be substituted “the transferee”.

  • In Article 97(1) (protection of officers of certain bodies) for the words from the beginning to “as the case requires,” there shall be substituted—

    • An officer of—

      (a)

      a Health and Social Services Board;

      (b)

      a special agency;

      (c)

      the Agency; or

      (d)

      an HSS trust,

      shall not be personally liable in respect of any act done by him in the execution of any function of any such body.

  • In Article 98(1) (charges for services) after the words “provided under this Order” there shall be inserted “or the 1991 Order”.

  • In Article 101(1) (recovery of cost of accommodation) for the words from the beginning to “any person” there shall be substituted “Where under Article 15 or 36 accommodation is provided, or proposed to be provided, for any person”.

  • In Schedule 15 (charges for services)—

    (a)

    in paragraph 1(a)(i) after the words “provided under this Order” there shall be inserted “or the 1991 Order”;

    (b)

    in paragraph 6 after the words “benefit under this Order” there shall be inserted “or the 1991 Order”;

    (c)

    in paragraph 9 after the words “the Ministry” where they first occur there shall be inserted the words “or an HSS trust” , after those words in the second and third places where they occur there shall be inserted the words “or the HSS trust” and after the words “this Order” there shall be inserted the words “or the 1991 Order”;

    (d)

    in paragraph 10 after the words “this Order” there shall be added the words “or the 1991 Order”.

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