Statutory Instruments
1994 No. 429 (N.I. 2)
NORTHERN IRELAND
The Health and Personal Social Services (Northern Ireland) Order 1994
Made
24th February 1994
Coming into operation in accordance with Article 1(2) and (3)
At the Court of Saint James, the 24th day of February 1994
Present,
The Counsellors of State in Council
Whereas Her Majesty, in pursuance of the Regency Acts 1937 to 1953, was pleased, by Letters Patent dated the 16th day of February 1994, to delegate to the six Counsellors of State therein named or any two or more of them full power and authority during the period of Her Majesty’s absence from the United Kingdom to summon and hold on Her Majesty’s behalf Her Privy Council and to signify thereat Her Majesty’s approval for anything for which Her Majesty’s approval in Council is required:
And whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty Queen Elizabeth, The Queen Mother and His Royal Highness The Prince Edward, being authorised thereto by the said Letters Patent, and in pursuance of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974(1), and all other powers enabling Her Majesty, and by and with the advice of Her Majesty’s Privy Council, do on Her Majesty’s behalf order, and it is hereby ordered, as follows:—
Title and commencement
1.—(1) This Order may be cited as the Health and Personal Social Services (Northern Ireland) Order 1994.
(2) Except as provided by paragraph (3), this Order shall come into operation on 1st March 1994.
(3) Articles 5 to 7 and Schedules 1 and 2 shall come into operation on 1st April 1994.
Interpretation
2.—(1) The Interpretation Act (Northern Ireland) 1954(2) shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972(3) (interpretation) shall apply for the purposes of this Order as it applies for the purposes of that Order.
Certain functions of Health and Social Services Boards to be exercisable on their behalf by HSS trusts
3.—(1) A Health and Social Services Board may, with the approval of the Department, by instrument in writing under seal provide for such relevant functions of the Board as are specified to be exercisable, in relation to the operational area of a specified HSS trust, by that HSS trust on behalf of the Board.
(2) In this Article and Article 4—
“authorisation” means an instrument executed under paragraph (1);
“relevant functions”, in relation to a Health and Social Services Board, means functions of the Board under any statutory provision prescribed for the purposes of this Article by regulations made by the Department subject to negative resolution;
“specified” means specified in the authorisation;
“the 1991 Order” means the Health and Personal Social Services (Northern Ireland) Order 1991(4);
and references in those Articles to functions of a Health and Social Services Board include references to functions exercisable by a Board on behalf of the Department.
(3) Section 17(2) of the Interpretation Act (Northern Ireland) 1954(5) applies to an authorisation as if it were a statutory instrument; and references in this Article and Article 4 to an authorisation include references to an amendment or revocation of an authorisation.
(4) An authorisation shall come into operation on such date, not being a date earlier than 1st April 1994, as may be specified.
(5) An authorisation may contain such transitional provisions as the Health and Social Services Board thinks fit, including in particular provisions—
(a)for specified acts done by or in relation to the Board or an HSS trust at any time before the authorisation comes into operation to have effect after that time for specified purposes as if done by or in relation to the other of those two bodies;
(b)for any reference to the Board or an HSS 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 those two bodies;
and any such transitional provisions shall for such purposes have effect in relation to such acts, statutory provisions, statutory documents, orders or directions.
(6) Without prejudice to the operation of Article 17 of the Health and Personal Social Services (Northern Ireland) Order 1972(6), the Department—
(a)may direct a Health and Social Services Board to execute an authorisation in such terms as the Department may direct;
(b)shall give directions to a Health and Social Services Board as to the notification and publication by the Board of authorisations.
(7) An HSS trust shall, notwithstanding that it is exercising functions on behalf of a Health and Social Services Board by virtue of an authorisation for the time being in operation under this Article, be entitled to enforce any rights acquired and shall be liable in respect of any liabilities incurred (including any liabilities in tort) in the exercise of those functions in all respects as if it were acting as a principal, and all proceedings for the enforcement of such rights or liabilities shall be brought by or against the HSS trust in its own name.
(8) In Article 10(1) of the 1991 Order after the words “HSS trusts),” there shall be inserted the words “to do all or any of the following, namely” and at the end there shall be added
“or
(c)to exercise, on behalf of Health and Social Services Boards, such functions as are so exercisable by virtue of authorisations for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994.”.
(9) In Schedule 3 to the 1991 Order after paragraph 3 there shall be inserted—
“3A. An order made in relation to an HSS trust shall, if the trust is to exercise functions on behalf of a Health and Social Services Board by virtue of an authorisation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994, specify the operational area of the trust, that is to say, the area in relation to which those functions are to be exercisable.”.
(10) References in any other statutory provision to functions of an HSS trust include references to functions exercisable by an HSS trust on behalf of a Health and Social Services Board by virtue of an authorisation.
(11) The Department may by regulations make such amendments to any statutory provision (including those mentioned in Schedule 1) as appear to the Department to be necessary or expedient to facilitate, or to be otherwise consequential on, the exercise by HSS trusts of relevant functions of Health and Social Services Boards by virtue of authorisations executed under this Article.
(12) Regulations under paragraph (11) which amend only statutory instruments shall be subject to negative resolution and all other regulations under that paragraph shall be subject to affirmative resolution.
Schemes for exercise by HSS trusts of functions on behalf of Health and Social Services Boards
4.—(1) An HSS trust shall submit to a Health and Social Services Board a scheme for the exercise by the trust on behalf of the Board of relevant functions which are, or are proposed to become, so exercisable by the trust by virtue of an authorisation.
(2) A Health and Social Services Board may approve a scheme submitted to it by an HSS trust under paragraph (1), either without modifications or with such modifications as may be agreed with the trust.
(3) A Health and Social Services Board shall submit a scheme approved by it under paragraph (2) to the Department.
(4) The Department may approve a scheme submitted to it under paragraph (3), either without modifications or with such modifications as may be agreed with the Health and Social Services Board and the HSS trust concerned.
(5) An HSS trust shall give effect to any scheme approved by the Department under paragraph (4).
(6) An HSS trust may at any time, and shall if so requested by a Health and Social Services Board on whose behalf any relevant functions are exercisable by the trust by virtue of an authorisation, submit a new scheme under this Article to the Board and paragraphs (2) to (5) shall apply to any such new scheme as they apply to a scheme submitted under paragraph (1).
Audit
5. For Article 92 of the Health and Personal Social Services (Northern Ireland) Order 1972(7) there shall be substituted the following Articles—
“Power of Department to give directions as to audit of accounts
92. The Department may give directions generally with respect to the audit of accounts under Article 90(2)(a) or (5)(a) or Article 91(1)(a).
Powers and duties of auditor in auditing accounts
92A.—(1) This Article applies to an auditor appointed by the Department in auditing accounts required to be audited under Article 90(2)(a) or (5)(a) or Article 91(1)(a).
(2) The auditor shall by examination of the accounts and otherwise satisfy himself—
(a)that the accounts are in the form directed by the Department and comply with all requirements imposed by or under any statutory provision;
(b)that proper practices have been observed in the compilation of the accounts; and
(c)that the body whose accounts are being audited has made proper arrangements for securing economy, efficiency and effectiveness in its use of resources.
(3) The auditor shall comply with any directions under Article 92.
(4) The auditor shall consider whether, in the public interest, he should make a report on any matter coming to his notice in the course of the audit in order that it may be considered by the body whose accounts are being audited and brought to the attention of the Department, and shall consider whether the public interest requires any such matter to be made the subject of an immediate report rather than of a report to be made at the conclusion of the audit.
(5) If the auditor has reason to believe that the body whose accounts are being audited, or any officer of that body—
(a)is about to make, or has made, a decision which involves or would involve the incurring of expenditure which is unlawful; or
(b)is about to take, or has taken, a course of action which, if pursued to its conclusion, would be unlawful and likely to cause a loss or deficiency,
he shall refer the matter forthwith to the Department.
(6) The auditor shall be entitled—
(a)to require access at all reasonable times to all such documents relating to the body whose accounts are being audited as appear to him necessary for the purposes of the audit;
(b)to require from any person holding or accountable for any such document such information and explanation as he thinks necessary for the purposes of the audit;
(c)without prejudice to sub-paragraph (b), to require any officer or member of a body whose accounts are being audited to give him such information or explanation as he thinks necessary for the purposes of the audit;
(d)to require any such person as is mentioned in sub-paragraph (b) or (c) to attend before him in person to give any such information or explanation as is so mentioned.
(7) In the case of a recognised fund-holding practice the references in paragraph (6) to documents include references to documents relating to all the accounts and records of the members of the practice, whether or not relating to the allotted sum; and in this paragraph “allotted sum” and “recognised fund-holding practice” have the same meaning as in Article 18 of the 1991 Order.
(8) Without prejudice to paragraph (6), a body whose accounts are being audited shall provide the auditor with every facility and all information which he may reasonably require for the purposes of the audit.
(9) Any person who without reasonable excuse fails to comply with any requirement of the auditor under paragraph (6) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale and if the failure continues after the conviction he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 3 on the standard scale for each day on which the failure continues.
Studies for improving economy, etc. in services
92B.—(1) The Department may appoint auditors to undertake comparative or other studies to promote economy, efficiency and effectiveness in the provision of services by a body to which this Article applies.
(2) The Department shall—
(a)consult with the Comptroller and Auditor General for Northern Ireland on the nature and scope of studies to be undertaken under this Article; and
(b)on request, furnish to the Comptroller and Auditor General for Northern Ireland all material relevant to any studies undertaken under this Article.
(3) This Article applies to—
(a)Health and Social Services Boards;
(b)the Agency;
(c)special agencies;
(d)HSS trusts;
(e)fund-holding practices; and
(f)the trustees for an HSS trust appointed in pursuance of Article 16 of the 1991 Order.
(4) Paragraphs (5) to (8) apply to an auditor appointed by the Department in undertaking any studies under this Article.
(5) The auditor shall be entitled—
(a)to require access at all reasonable times to all such documents relating to a body to which this Article applies as appear to him necessary for the purposes of the studies;
(b)to require from any person holding or accountable for any such document such information and explanation as he thinks necessary for the purposes of the studies;
(c)without prejudice to sub-paragraph (b), to require any officer or member of a body to which this Article applies to give him such information or explanation as he thinks necessary for the purposes of the studies;
(d)to require any such person as is mentioned in sub-paragraph (b) or (c) to attend before him in person to give any such information or explanation as is so mentioned.
(6) In the case of a recognised fund-holding practice the references in paragraph (5) to documents include references to documents relating to all the accounts and records of the members of the practice, whether or not relating to the allotted sum; and in this paragraph “allotted sum” and “recognised fund-holding practice” have the same meaning as in Article 18 of the 1991 Order.
(7) Without prejudice to paragraph (5), a body to which this Article applies shall provide the auditor with every facility and all information which he may reasonably require for the purposes of the studies.
(8) Any person who without reasonable excuse fails to comply with any requirement of the auditor under paragraph (5) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale and if the failure continues after the conviction he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 3 on the standard scale for each day on which the failure continues.”.
Qualifications for registration as pharmaceutical chemist
6.—(1) The Pharmacy (Northern Ireland) Order 1976(8) shall have effect subject to the following provisions of this Article.
(2) In Article 5(1) after sub-paragraph (b) there shall be inserted—
“(bb)the conditions as to character, physical and mental health and other matters to be satisfied by persons desirous of being registered as pharmaceutical chemists under this Order;”.
(3) In Article 8(2) at the beginning there shall be inserted the words “Subject to paragraph (2A),”.
(4) In Article 8 after paragraph (2) there shall be inserted—
“(2A) A person shall not be entitled to be registered under this Order as a pharmaceutical chemist by virtue of paragraph (2)(b) or (c) unless he satisfies such conditions (if any) as to character, physical or mental health or other matters as may be prescribed.”.
Amendments and repeals
7.—(1) The statutory provisions set out in Schedule 1 shall have effect subject to the amendments specified in that Schedule.
(2) Article 17(1A) of the Health and Personal Social Services (Northern Ireland) Order 1972(9) (which has ceased to be of any practical utility) shall cease to have effect.
(3) The statutory provisions set out in Schedule 2 are hereby repealed to the extent specified in column 3 of that Schedule.
N. H. Nichols
Clerk of the Privy Council
SCHEDULES
Article 7(1).
SCHEDULE 1AMENDMENTS
The Children and Young Persons Act (Northern Ireland) 1968 (c. 34)
In section 103(7)(a) omit the words “the directors of”.
In Schedule 5 in paragraph 13A(1) and (2) after “Board” insert “or HSS trust”.
The Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14)
In Article 2(2) after the definition of “officer” insert—
““operational area”, in relation to an HSS trust, shall be construed in accordance with paragraph 3A of Schedule 3 to the 1991 Order;”.
In Article 2(2) after the definition of “statutory instrument” insert—
““statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954;”.
In Article 27 for paragraph (3) substitute—
“(3) Paragraph (2) applies to HSS trusts as it applies to Health and Social Services Boards.”.
In Article 52(2) at the end add
“and
(d)the Health and Personal Social Services (Northern Ireland) Order 1994.”.
In Schedule 6 in paragraph 1—
(a)for “any Health and Social Services Board” substitute “the responsible authority”;
(b)omit “who is residing in the area of the Health and Social Services Board”;
(c)for “Health and Social Services Board designated by the Board” substitute “responsible authority designated by that authority”;
(d)for “Health and Social Services Board and that Board” substitute “responsible authority and that authority”.
In Schedule 6 in paragraph 2(1), for “Health and Social Services Board” substitute “responsible authority” and for “Board” substitute “authority”.
In Schedule 6 in paragraphs 4 and 6(b) for “Health and Social Services Board” substitute “responsible authority”.
In Schedule 6 in paragraph 8 for “provided by the Ministry under this Order” substitute “vested in the Department or an HSS trust” and for “appropriate Health and Social Services Board” substitute “responsible authority”.
In Schedule 6 in paragraph 9 for “Health and Social Services Board” substitute “responsible authority” and for “Board” substitute “authority”.
In Schedule 6 in paragraph 11 for “a Health and Social Services Board” substitute “the responsible authority”.
In Schedule 6 after paragraph 11 add—
“12. In this Schedule—
(a)“responsible authority” means—
(i)in relation to a person who resides in the operational area of an HSS trust by which functions under this Schedule are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994, that HSS trust;
(ii)in relation to any other person, the Health and Social Services Board for the area in which that person resides;
(b)references to the area of an HSS trust are references to its operational area.”.
The Education and Libraries (Northern Ireland) Order 1986 (NI 3)
For Article 36 substitute—
“Duties of health and social services boards and HSS trusts
36.—(1) If a health and social services board or an HSS trust, in the course of exercising any of its functions in relation to a child who has not attained the age of four years, forms the opinion that he has, or probably has, special educational needs, that board or trust shall—
(a)inform the child’s parent of its opinion and of its duty under this Article; and
(b)after giving the parent an opportunity to discuss that opinion with an officer of the health and social services board or HSS trust, bring it to the attention of the appropriate education and library board.
(2) If, in a case falling within paragraph (1), the health and social services board or HSS trust is of the opinion that a particular voluntary organisation is likely to be able to give the parent advice or assistance in connection with any special educational needs that the child may have, that board or trust shall inform the parent accordingly.
(3) In this Article “HSS trust” means a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991.”.
The Mental Health (Northern Ireland) Order 1986 (NI 4)
In Article 2(2) for the definitions of “approved social worker”, “hospital”, “HSS trust” and “responsible Board” substitute respectively—
““approved social worker” means an officer of a Board or an authorised HSS trust appointed to act as an approved social worker for the purposes of this Order;
“hospital”, subject to paragraph (2A), means any hospital, institution or special accommodation vested in the Department or in an authorised HSS trust;
“HSS trust” means a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 and “authorised HSS trust” shall be construed in accordance with paragraph (2B);
“responsible authority” means—
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—
where the hospital is vested in an authorised HSS trust, that trust;
in any other case, the Board managing that hospital;
in relation to a patient who is the subject of a guardianship application or is subject to guardianship under this Order—
where that patient resides in the area of an authorised HSS trust, that trust;
in any other case, the Board for the area in which that patient resides;”.
In Article 2 after paragraph (2) insert—
“(2A) In Articles 7A, 107(1B), 113, 116, 121, 123(1) and 129(7) “hospital” includes any hospital or institution vested in an HSS trust other than an authorised HSS trust.
(2B) A reference in any provision of this Order to an “authorised HSS trust” is a reference to an HSS trust by which functions under that provision are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994.
(2C) A reference in this Order to the area of an authorised HSS trust is a reference to the operational area of that trust as defined in Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972.”.
In Article 2(2) in the definition of “responsible medical officer” in paragraph (b) for “Board” substitute “authority”.
Except as otherwise provided by any of the following amendments to Part II of the Order, in that Part for “Board” wherever it occurs substitute “authority”.
After Article 7 insert—
“Power to detain in hospital pending admission to another hospital
7A.—(1) This Article applies to a hospital managed by an HSS trust other than an authorised HSS trust.
(2) If, where a patient is an in-patient in a hospital to which this Article applies, it appears to a medical practitioner on the staff of the hospital that an application for assessment ought to be made in respect of the patient, he may furnish to the HSS trust managing the hospital a report in the prescribed form to that effect; and where he does so, the patient may be detained in the hospital for a period not exceeding 48 hours from the time when the report is so furnished.
(3) A patient who has been detained in a hospital under paragraph (2) shall not be further detained under that paragraph immediately after the expiry of that period of detention.
(4) An HSS trust shall immediately forward to the Commission a copy of any report furnished to the trust under paragraph (2).”.
In Article 8(2) for sub-paragraph (a) substitute—
“(a)the application shall be sufficient authority for the responsible authority to detain the patient in the hospital in accordance with Article 9; and”.
In Article 8(3) for “Board” where it first occurs substitute “Board or an authorised HSS trust”.
In Article 12(1) for the words from “sufficient authority for” to “detain the patient” substitute “sufficient authority for the responsible authority to detain the patient”.
In Article 13(4) for “Board” substitute “responsible authority”.
In Article 16(3) for sub-paragraph (f) substitute—
“(f)any Board or HSS trust;”.
In Article 22(1) for “Board” in the third and fourth places where it occurs substitute “Board, authorised HSS trust”.
In Article 25(1) and (3) for “(other than a Board)” substitute “(other than a Board or an authorised HSS trust)”.
In Article 25(4) for “a Board or” substitute “the responsible authority or any”.
In Article 26(b) after “Boards” insert “and HSS trusts”.
In Article 27(4) for “a Board” substitute “the responsible authority”.
In Article 28(1) and (5) for “Board” substitute “Board or authorised HSS trust”.
In Article 28(4) for “Board administering, or the HSS trust managing,” substitute “Board or the authorised HSS trust managing”.
In Article 40(1), (3) and (4) for “Board” substitute “Board or authorised HSS trust”.
At the end of Article 40 add—
“(6) For the purposes of this Article a person shall not be taken to be within, or to be residing in, the area of a Board if he is within, or, as the case may be, residing in, the area of an authorised HSS trust.”.
In Article 42(9)(d) for the words from the beginning to “that hospital” substitute “the Board or the authorised HSS trust managing that hospital”.
In Article 44(1)(b) after “Board” where it twice occurs insert “or an authorised HSS trust”.
In Article 46(1) for the words from “and the Board” to the end substitute “and the Board or the authorised HSS trust managing that hospital shall receive the patient accordingly.”.
In Article 46(2)(b) for the words from the beginning to “hospital” substitute “for the Board or the authorised HSS trust managing the hospital”.
In Article 46(3)(c) for the words from the beginning to “hospital” substitute “the Board or the authorised HSS trust managing that hospital”.
In Article 46(5) after “Board” insert “, authorised HSS trust”.
In Article 61(2) for “administering Board or the managing HSS trust” substitute “managing Board or authorised HSS trust”.
In Articles 73(1) and 79(3) for “Board” substitute “authority”.
In Article 86(2)(c) for the words from “a Board” to “the person” substitute “a Board, an HSS trust or the person” and for the words from “the Board” to “that person” substitute “the Board, the HSS trust or that person”.
In Article 86(2)(d) after “a Board” insert “, an HSS trust” and after “the Board” insert “, the HSS trust”.
In Article 86(2)(e) after “Board” insert “, an HSS trust”.
In Article 90(2) for the words from “the Department” to the end substitute “the Department or an HSS trust”.
In Article 107(1) after “Board” where it twice occurs insert “or authorised HSS trust”.
In Article 107 for paragraph (1A) substitute—
“(1A) For the purposes of paragraph (1) a person shall not be taken to be within the area of a Board if he is within the area of an authorised HSS trust.
(1B) Where an HSS trust other than an authorised HSS trust is satisfied—
(a)that any person in a hospital managed by the trust is incapable, by reason of mental disorder, of managing and administering his property and affairs;
(b)that any of the powers of the court under Article 98 or 99 ought to be exercised with respect to the property or affairs of that person; and
(c)that arrangements in that behalf have neither been made nor are being made,
it shall be the duty of the trust to notify the Office of Care and Protection of those matters.”.
In Article 108(2) for “Board, HSS trust, Commission” substitute “body”.
In Article 111(1)(a) for “Boards, HSS trusts,” substitute “Boards, authorised HSS trusts,”.
Renumber Article 112 as paragraph (1) of that Article, Article 113 as paragraph (1) of that Article and Article 114 as paragraph (1) of that Article and at the end of each of those Articles add—
“(2) This Article applies to an HSS trust as it applies to a Board.”.
At the end of Article 115 add—
“(4) This Article applies to an authorised HSS trust as it applies to a Board.”.
In Article 116 for paragraph (1) substitute—
“(1) Subject to paragraphs (4) and (5), where it appears to a Board that any patient in any hospital or in any accommodation managed by it is incapable, by reason of mental disorder, of managing and administering his property and affairs, the Board may receive and hold money and valuables on behalf of that patient.”.
In Article 116(2), (3) and (4) omit the words “or an HSS trust”.
In Article 116(3) omit the words “or the HSS trust”.
At the end of Article 116 add—
“(6) This Article applies to an HSS trust as it applies to a Board.”.
In Article 117(1) for “Board” substitute “authority”.
In Article 118(1) and (2) omit the words “or an HSS trust”.
In Article 118(4)(a) for the words from “administered” to the end substitute “managed by the Board; and”.
At the end of Article 118 add—
“(5) This Article applies to an HSS trust as it applies to a Board.”.
In Articles 121(1) and 123(1)(a)(ii) for “Board administering, or a director of the HSS trust managing,” substitute “Board or a director of the HSS trust managing”.
In Article 123(1)(b)(ii) after “Board” insert “or a director of an authorised HSS trust”.
In Article 129(1) and (2) after “Board” insert “or of an authorised HSS trust”.
In Article 129(4)(d) for “Board” substitute “authority”.
In Article 129(7) for “administering Board or managing HSS trust” substitute “managing Board or HSS trust”.
In Article 133(4) for the words from “or against a Board” to the end substitute “, a Board or an HSS trust”.
In Article 134(1) and (2) for “Board” substitute “authority”.
Article 134A shall cease to have effect.
In Article 135(2) the words “or 134A” shall cease to have effect.
The Adoption (Northern Ireland) Order 1987 (NI 22)
In Article 2(2) after the definition of “guardian” insert—
““HSS trust” shall be construed in accordance with paragraph (2A);”.
In Article 2(2) in the definition of “place of safety” after “Board,” insert “HSS trust,”.
In Article 2 after paragraph (2) insert—
“(2A) A reference in any provision of this Order to an “HSS trust” is a reference to a Health and Social Services trust by which functions under that provision are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994.
(2B) In paragraph (2A) “Health and Social Services trust” means a body established under Article 10(1) of the Health and Personal Social Services (Northern Ireland) Order 1991.
(2C) A reference in this Order to the area of an HSS trust is a reference to the operational area of that trust as defined in Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972.
(2D) For the purposes of any provision of this Order a person shall not be taken to be, or to reside or have his home, within the area of a Health and Social Services Board if he is, or (as the case may be) resides or has his home, within the area of an HSS trust by which functions under that provision are exercisable by an HSS trust by virtue of an authorisation mentioned in paragraph (2A).”.
Article 2(4) shall cease to have effect.
In Article 3(1) for the words from the beginning to “within its area” substitute
“It shall be the duty of—
(aa)an HSS trust in relation to its area;
(bb)a Board in relation to so much of its area as does not fall within the area of an HSS trust,
to establish and maintain” and for “shall provide” substitute “to provide”.
In Article 3(3) omit “by Boards” and after “Board” insert “, an HSS trust”.
In Article 4(2)(a) after “Board” insert “or HSS trust”.
In Article 8 after “Board” wherever it occurs insert “or HSS trust”.
In Article 13(3)(b) after “Board” insert “or HSS trust”.
In Article 22(1), (2) and (3) after “Board” insert “or HSS trust”.
In Article 22(4) after “Board” in the third place where it occurs insert “or of an HSS trust” and after “Board” in the fourth place where it occurs insert “or that trust”.
In Article 22 after paragraph (4) add—
“(5) An HSS trust which receives notice under paragraph (1) in respect of a child whom the trust knows to be in the care of another HSS trust or of a Board shall, not more than 7 days after the receipt of the notice, inform that other HSS trust or that Board in writing, that it has received the notice.”.
In Article 23 after “Board” where it twice occurs substitute “or HSS trust”.
In Article 27(1) and (2) after “Board” wherever it occurs insert “or HSS trust”.
In Article 29(2) and (3) after “Board” wherever it occurs insert “or HSS trust”.
In Article 29(5) after “Board or of” insert “an HSS trust or” and after “other Board or” insert “the HSS trust or”.
In Article 29 after paragraph (5) insert—
“(5A) An HSS trust which receives such notice as is mentioned in paragraph (2) in respect of a child whom the HSS trust knows to be in the care of another HSS trust or of a Board or a voluntary organisation shall, not more than 7 days after the receipt of the notice, inform that other HSS trust or that Board or organisation, in writing, that it has received the notice.”.
In Article 29(6) after “Board” insert “or HSS trust”.
In Article 32 after “Board” wherever it occurs insert “or HSS trust”.
In Article 33(1) and (3)(b) after “Board” insert “or HSS trust”.
In Article 34 after “Board” wherever it occurs insert “or HSS trust”.
In Article 35(1) and (4) after “Board” insert “or HSS trust”.
In Article 36 after “Board” wherever it occurs insert “or HSS trust”.
In Article 37(1)(b) after “Board” insert “or HSS trust”.
In Article 54(4) after “Board” where it twice occurs insert “or HSS trust”.
In Article 54(5) and (6) after “Board” insert “, HSS trust”.
In Article 66(1)(a) after “Board” insert “or of an HSS trust”.
In Article 70 after “Board” insert “or HSS trust”.
In Article 71(1)(b) and (c) after “Board” insert “or HSS trust”.
The Disabled Persons (Northern Ireland) Act 1989 (c. 10)
Except as otherwise provided by any of the following amendments to the Act of 1989, in sections 1 to 4 for “Board” wherever it occurs substitute “relevant authority”.
In section 1(2) for paragraph (b) substitute—
“(b)for any such appointment to be notified to a relevant authority.”.
In section 2(6) after “Boards” insert “or HSS trusts”.
In section 3(3)(b) for “Board's” substitute “relevant authority's”.
In section 5(5) for the words from “the Health and Social Services Board” to “that Health and Social Services Board” substitute “the relevant authority of which he is an officer to carry out an assessment of the needs of that person with respect to the provision by that relevant authority”.
In section 5(9) in the definition of “the appropriate officer” for the words from “means” onwards substitute
“means—
(a)in the case of a child or person for the time being ordinarily resident in the area of an HSS trust by which functions under this section are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994, such officer as may be appointed for the purposes of this section by that HSS trust;
(b)in the case of any other child or person, such officer as may be appointed for the purposes of this section by the Health and Social Services Board for the area in which that child or person is for the time being ordinarily resident.”.
For section 7 substitute—
“7. Persons discharged from hospital accommodation.
(1) Where a person is to be discharged from hospital accommodation after having received medical treatment for mental disorder as an in-patient for a continuous period of not less than 6 months ending with the date on which he is to be discharged, the Board or HSS trust managing the hospital accommodation shall, as soon as is reasonably practicable after that date is known to it, give written notification of that date in accordance with subsection (3).
(2) Where—
(a)a person liable to be detained under the Mental Health Order is discharged from hospital accommodation in pursuance of an order for his immediate discharge made by the Mental Health Review Tribunal for Northern Ireland, and
(b)he is so discharged after having received medical treatment for mental disorder as an in-patient for a continuous period of not less than 6 months ending with the date of his discharge,
the Board or HSS trust managing the hospital accommodation shall, as soon as is reasonably practicable, give written notification of that person’s discharge in accordance with subsection (3).
(3) Notification under subsection (1) or (2) with respect to any person shall be given to any Board or HSS trust whose functions appear to include the provision of any health or personal social services which that person may need.
(4) Where—
(a)a Board or HSS trust receives a notification given under subsection (1) or (2) with respect to a person who is under the age of 19 on the date on which he is to be, or is, discharged; or
(b)the Board or HSS trust managing the hospital accommodation from which such a person is to be, or is, discharged as mentioned in subsection (1) or (2) has functions which include the provision of any services mentioned in subsection (3),
that Board or trust shall, as soon as is reasonably practicable, give written notification of the date on which that person is to be, or is, discharged to the education and library board in whose area it appears that that person is likely to reside after his discharge.
(5) Where—
(a)a Board or HSS trust receives a notification given with respect to a person under subsection (1) or (2), or
(b)the Board or HSS trust managing the hospital accommodation from which a person is to be, or is, discharged as mentioned in subsection (1) or (2) has functions which include the provision of any services mentioned in subsection (3),
that Board or trust shall, subject to subsection (8), make arrangements for an assessment of the needs of that person with respect to the provision of any health or personal social services the provision of which falls within the functions of that Board or trust.
(6) In making any arrangements under subsection (5) a Board or HSS trust falling within paragraph (a) of that subsection shall consult the Board or HSS trust managing the hospital accommodation in question.
(7) Any assessment for which arrangements are required to be made by subsection (5) shall be carried out—
(a)where the person is to be discharged as described in subsection (1), not later than the date mentioned in that subsection, or
(b)where the person is discharged as described in subsection (2), as soon as is reasonably practicable after the date of his discharge.
(8) A Board or HSS trust shall not be required to make arrangements for an assessment of the needs of a person by virtue of subsection (5) if that person has requested it not to make any such arrangements.
(9) Nothing in this section shall apply in relation to a person who is being discharged from any hospital accommodation for the purpose of being transferred to other hospital accommodation in which he will be an in-patient (whether or not he will be receiving medical treatment for mental disorder); but any reference in subsection (1) or (2) to a person’s having received medical treatment for mental disorder as an in-patient for the period mentioned in that subsection is a reference to his having received such treatment for that period whether or not he received the treatment at the same hospital accommodation throughout that period and disregarding any interruption of that period attributable to his being transferred to other hospital accommodation.
(10) In this section “medical treatment” has the meaning given by Article 2(2) of the Mental Health Order.”.
In section 8 for “Board” wherever it occurs substitute “relevant authority”.
In section 11(1) in the definition of “personal social services” the words “by a Board under arrangements made by the Department” shall cease to have effect.
In section 11(1) after the definition of “personal social services” insert—
““relevant authority” means—
a Board; or
an HSS trust providing personal social services on behalf of a Board by virtue of an authorisation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994;”.
The preceding amendments do not prejudice the operation of section 12(2) (commencement).
The Health and Personal Social Services (Northern Ireland) Order 1991 (NI 1)
In Schedule 3 in paragraph 6(1) for “exercise of the powers conferred by Article 10(9) and paragraphs 10 to 15 below” substitute “matters specified in sub-paragraph (1A)”.
In Schedule 3 in paragraph 6 after sub-paragraph (1) insert—
“(1A) The matters mentioned in sub-paragraph (1) are—
(a)the exercise of any functions conferred by an order under Article 10(1)(c);
(b)the exercise of any powers conferred by an order under Article 10(9);
(c)the exercise of any powers conferred by paragraphs 10 to 15 below.”.
In Schedule 3 in paragraph 13 after “functions” insert “(other than functions exercisable on behalf of a Health and Social Services Board by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994)”.
The Access to Personal Files and Medical Reports (Northern Ireland) Order 1991 (NI 14)
In Article 3(4)(b) after “Board” insert “or HSS trust”.
In Article 3 after paragraph (4) insert—
“(4A) In this Order “HSS trust” means a Health and Social Services trust established under Article 10(1) of the Health and Personal Social Services (Northern Ireland) Order 1991.”.
In the Schedule at the end of the Table in paragraph 1 add the following entry—
“An HSS trust
Personal information held for the purpose of any past, current or proposed exercise by the trust of any function exercisable, by virtue of an authorisation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994, by the trust on behalf of a Health and Social Services Board with respect to the administration of personal social services under any statutory provision mentioned in the last preceding entry.”.
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
In Schedule 9 in paragraph 1(2) at the end add “or a Health and Social Services trust established under Article 10(1) of the Health and Personal Social Services (Northern Ireland) Order 1991”.
Article 7(3).
SCHEDULE 2REPEALS
| Chapter or Number | Short Title | Extent of Repeal |
|---|---|---|
| 1968 c. 34 (N.I.). | The Children and Young Persons Act (Northern Ireland) 1968. | In section 103(7)(a) the words “the directors of”. |
| 1972 NI 14. | The Health and Personal Social Services (Northern Ireland) Order 1972. | Article 17(1A). In Article 52(2) the word “and” at the end of sub-paragraph (b). In Schedule 6 in paragraph 1(a) the words “who is residing in the area of the Health and Social Services Board”. |
| 1979 c. 36. | The Nurses, Midwives and Health Visitors Act 1979. | In Schedule 7, paragraph 35. |
| 1986 NI 4. | The Mental Health (Northern Ireland) Order 1986. | In Article 116(2) the words “or an HSS trust”.In Article 116(3) the words “or an HSS trust” and “or the HSS trust”. In Article 116(4) the words “or an HSS trust”. In Article 118(1) and (2) the words “or an HSS trust”. Article 134A. In Article 135(2) the words “or 134A”. |
| 1987 NI 22. | The Adoption (Northern Ireland) Order 1987. | Article 2(4). In Article 3(3) the words “by Boards”. |
| 1989 c. 10. | The Disabled Persons (Northern Ireland) Act 1989. | In section 11(1) in the definition of “personal social services” the words “by a Board under arrangements made by the Department”. Section 11(4). |
| 1991 NI 1. | The Health and Personal Social Services (Northern Ireland) Order 1991. | In Part II of Schedule 5, the amendments to the Education and Libraries (Northern Ireland) Order 1986, the Mental Health (Northern Ireland) Order 1986, and section 7 of the Disabled Persons (Northern Ireland) Act 1989. |
Explanatory Note
(This note is not part of the Order)
This Order provides for certain statutory functions of Health and Social Services Boards to be exercisable, on behalf of Boards, by Health and Social Services trusts.
The Order also makes new provision for the audit of accounts of certain health and social services bodies and requires persons seeking registration as pharmaceutical chemists to satisfy prescribed conditions as to character, physical or mental health and other matters.