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

• Citation: S.I. 1991/194 (N.I.)
• Sections: 77

Section 1 Title and commencement

(1) This Order may be cited as the Health and Personal Social Services (Northern Ireland) Order 1991.

(2) Subject to paragraph (3), this Order shall come into operation on such day or days as the Head of the Department may by order appoint .

(3) The following provisions shall come into operation on 1st April 1991, namely—

(a) this Article;

(b) Articles 2, 3, 4, 6, 29(1)(a) and (b), 30, 32 and 33;

(c) Schedule 1;

(d) Part I of Schedule 5 and Article 34 so far as it relates to that Part;

(e) Part I of Schedule 6 and Article 35 so far as it relates to that Part.

(4) An order under paragraph (2) may contain such transitional provisions and savings (whether or not involving the modification of any statutory provision) as appear to the Head of the Department necessary or expedient in connection with the provisions brought into operation.

Section 2 Interpretation

(1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“goods” includes accommodation;

“the principal Order” means the Health and Personal Social Services (Northern Ireland) Order 1972 ;

“provide” includes manage;

...

“services” includes services of any description, whether or not being services under the principal Order.

(3) Article 2(2) and (2A) of the principal Order (interpretation) shall apply for the purposes of this Order as it applies for the purposes of that Order.

Section 3 Constitution of Health and Social Services Boards

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Section 4 Health and Social Services Councils

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Section 6 Abolition of Northern Ireland Health and Social Services Training Council

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Section 7 Removal of Crown immunities

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In Schedule 2—

(a) Part I has effect to continue certain exemptions for health and social care body to which this Article applies and property held, used or occupied by such bodies; . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where, as a result of the provisions of paragraph (1), by virtue of his employment during any period after the day appointed for the coming into operation of that paragraph—

(a) an employee has contractual rights against a health and social care body to which this Article applies to benefits in the event of his redundancy, and

(b) he also has statutory rights against the health and social care body to which this Article applies under Part XII of the Employment Rights (Northern Ireland) Order 1996 (redundancy payments),

any benefits provided to him by virtue of the contractual rights referred to in sub-paragraph (a) shall be taken as satisfying his entitlement to benefits under the said Part .

(4) Nothing in paragraph (1) affects the extent of the expression “the services of the Crown” where it appears in—

(a) Schedule 1 to the Registered Designs Act 1949 (provisions as to the use of registered designs for the services of the Crown etc. ); and

(b) sections 55 to 59 of the Patents Act 1977 (use of patented inventions for services of the Crown);

and, accordingly, services provided in pursuance of any power or duty of the Department under Part II or V of the principal Order or the 2009 Act shall continue to be regarded as included in that expression, whether the services are in fact provided by a health and social care body to which this Article applies , an HSC trust or any other person.

(5) The Department may by order made subject to affirmative resolution provide that, in relation to any provision contained in a local Act and specified in the order, the operation of paragraph (1) shall be excluded or modified to the extent specified in the order.

(6) This Article applies to the following health and social care bodies—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Regional Agency;

(c) RBSO;

(d) a special agency.

Section 8 Health and social care contracts

(1) The bodies mentioned in sub-paragraphs (a) to (e) of paragraph (2) may, for the purpose of carrying out their functions and without prejudice to any other power they may have in that regard, enter into arrangements for the provision of goods or services to or by them with—

(a) one another; or

(b) any of the bodies or persons mentioned in sub-paragraphs (f) to (j) of that paragraph.

(2) The bodies and persons referred to in paragraph (1) are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(aa) the Regional Agency;

(b) RBSO;

(c) special agencies;

(d) Health and Social Care trusts ;

(e) the Department;

Sub‐para. (f) rep. by 2001 c. 3 (NI)

(g) any of the following within the meaning of the National Health Service Act 1977

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) NHS trusts;

Head (iv) rep. by 2001 c. 3 (NI)

(v) the Dental Practice Board;

(vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ga) NHS England ;

(gb) integrated care boards established under Chapter A3 of Part 2 of the National Health Service Act 2006;

(gc) Special Health Authorities established under section 28 of that Act;

(gd) Special Health Authorities established under section 22 of the National Health Service (Wales) Act 2006;

(ge) Local Health Boards established under section 11 of that Act;

(gf) NHS trusts established under section 18 of that Act;

(h) any of the following within the meaning of the National Health Service (Scotland) Act 1978

(i) Health Boards;

(ia) Special Health Boards;

(ii) the Common Services Agency for the Scottish Health Service;

(iii) the Scottish Dental Practice Board;

(iv) NHS trusts;

Head (v) rep. by 2001 c. 3 (NI)

(ha) Healthcare Improvement Scotland,

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ia) the National Institute for Health and Care Excellence;

(ib) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) the Secretaries of State respectively concerned with health in England, in Wales and in Scotland.

(2A) The bodies mentioned in paragraph (2) may be referred to as “ health care bodies”.

(3) An arrangement falling within paragraph (1) shall be known as a health and social care contract and is referred to in this Order as an “ HSC contract ”.

(4) Whether or not an arrangement which constitutes an HSC contract would, apart from this paragraph, be a contract in law, it shall not be regarded for any purpose as giving rise to contractual rights or liabilities, but if any dispute arises with respect to such an arrangement, either party may refer the matter to the Department for determination under the following provisions of this Article.

(5) If, in the course of negotiations intending to lead to an arrangement which will be an HSC contract , it appears to either of the prospective parties that—

(a) the terms proposed by the other party are unfair by reason that that party is seeking to take advantage of its position as the only, or the only practicable, provider of the goods or services concerned or by reason of any other unequal bargaining position as between the prospective parties to the proposed arrangement; or

(b) for any other reason arising out of the relative bargaining positions of the prospective parties any of the terms of the proposed arrangement cannot be agreed,

that party may refer the terms of the proposed arrangement to the Department for determination under the following provisions of this Article.

(6) Where a reference is made to the Department under paragraph (4) or (5), the Department may determine the matter itself or, if the Department considers it appropriate, appoint a person to consider and determine it in accordance with regulations.

(7) In the determination of a reference under paragraph (5), the Department or, as the case may be, the person appointed under paragraph (6) may specify terms to be included in the proposed arrangement and may direct that it be proceeded with; and it shall be the duty of the prospective parties to the proposed arrangement to comply with any such directions.

(8) A determination of a reference under paragraph (4) may contain such directions (including directions as to payment) as the Department or, as the case may be, the person appointed under paragraph (6) considers appropriate to resolve the matter in dispute; and it shall be the duty of the parties to the HSC contract in question to comply with any such directions.

(9) Without prejudice to the generality of the powers exercisable on a reference under paragraph (4), the Department or, as the case may be, the person appointed under paragraph (6) may in a determination in relation to an arrangement constituting an HSC contract vary the terms of the arrangement or bring it to an end; and where the arrangement is so varied or brought to an end—

(a) subject to sub-paragraph (b), the variation or termination shall be treated as being effected by agreement between the parties; and

(b) directions included in the determination by virtue of paragraph (8) may contain such provisions as the Department or, as the case may be, the person appointed under paragraph (6) considers appropriate in order satisfactorily to give effect to the variation or to bring the arrangement to an end.

(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.

(10) Where a body or person mentioned in any of sub-paragraphs (g) to (gf), (h), (ha), (ia), (ib) and (j) of paragraph (2) is a party or prospective party to an arrangement or proposed arrangement which—

(a) falls within paragraph (1); and

(b) also falls within the definition of NHS contract in section 4 of the National Health Service and Community Care Act 1990 or section 17A of the National Health Service (Scotland) Act 1978 ,

paragraphs (4) to (9) shall apply in relation to that arrangement or proposed arrangement with the substitution for references to the Department of references to the Department and the Secretary of State acting jointly.

Section 8A Provision of certain services under HSC contracts

(1) This Article applies to any arrangement under which the Department or such other health care body as may be prescribed arranges for the provision to it—

(a) by a person on an ophthalmic list, or

(b) by a person on a pharmaceutical list,

of goods or services that it reasonably requires for the purposes of functions which it is exercising under Part II of the principal Order.

(2) Any such arrangement is to be treated as an HSC contract for the purposes of Article 8 (other than paragraphs (5) and (7)).

(3) In this Article—

“ophthalmic list” means a list published in accordance with regulations made under—

Article 62(2)(a) of the principal Order;

section 39(a) of the National Health Service Act 1977; or

section 26(2)(a) of the National Health Service (Scotland) Act 1978;

“pharmaceutical list” means a list published in accordance with regulations made under—

Article 63(2A)(a) of the principal Order;

section 42(2)(a) of the National Health Service Act 1977; or

section 27(2) of the National Health Service (Scotland) Act 1978.

Section 9 Primary and other functions of Health and Social Services Boards and special agencies

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Section 10 Health and Social Care trusts

(1) Subject to paragraph (2), the Department may by order establish bodies, to be known as Health and Social Care trusts (in this Order referred to as HSC trusts )—

(a) to provide goods and services for the purposes of the health and social care ; ...

(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.

(2) Before making an order under paragraph (1), the Department shall consult—

(a) the Patient and Client Council, and

(b) such other persons and bodies as the Department considers appropriate.

(3) In ...Articles 11 to 13 and Schedule 3 “a relevant body” means—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(aa) the Regional Agency;

(b) RBSO; or

(c) a special agency.

(4) Every HSC trust —

(a) shall be a body corporate having a board of directors consisting of a chairman appointed by the Department and, subject to paragraph 5(2) of Schedule 3, executive and non-executive directors (that is to say, directors who, subject to paragraph (6), respectively are and are not employees of the trust);

(b) shall have the functions conferred on it by an order under paragraph (1) and by Schedule 3; and

(c) shall be a body to which section 19 of the Interpretation Act (Northern Ireland) 1954 applies.

(5) The functions which may be specified in an order under paragraph (1) include a duty to provide goods or services so specified at or from a hospital or other establishment or facility so specified.

(5A) The functions of an HSC trust also include power to provide services in accordance with arrangements made under Article 15B of the principal Order, and to do so as a member of a qualifying body (within the meaning of Article 15C of that Order).

(6) The Department may by regulations make general provision with respect to—

(a) the qualifications for and the tenure of office of the chairman and directors of an HSC trust (including the circumstances in which they shall cease to hold, or may be removed from, office or may be suspended from performing the functions of the office);

(b) the persons by whom the directors and any of the officers are to be appointed and the manner of their appointment;

(c) the maximum and minimum numbers of the directors;

(d) the circumstances in which a person who is not an employee of the trust is nevertheless, on appointment as a director, to be regarded as an executive rather than a non-executive director;

(e) the proceedings of the trust (including the validation of proceedings in the event of a vacancy or defect in appointment); and

(f) the appointment, constitution and exercise of functions by committees and sub-committees of the trust (whether or not consisting of or including any members of the board);

and, without prejudice to the generality of the power, any such regulations may make provision to deal with cases where the post of any officer of an HSC trust is held jointly by two or more persons or where the functions of such an officer are in any other way performed by more than one person.

(7) Part I of Schedule 3 shall have effect with respect to orders under paragraph (1); Part II of that Schedule shall have effect, subject to paragraph (8), with respect to the general duties and the powers and status of HSC trusts ; the supplementary provisions of Part III of that Schedule shall have effect; and Part IV of that Schedule shall have effect with respect to the dissolution of HSC trusts .

(8) A power conferred by paragraph 14 or 15 of Part II of Schedule 3 may only be exercised—

(a) to the extent that its exercise does not to any significant extent interfere with the performance by the HSC trust of its functions or of its obligations under HSC contracts ; and

(b) in circumstances specified in directions under paragraph 6 of that Schedule, with the consent of the Department.

(9) The Department may by order confer on HSC trusts specific powers additional to those contained in paragraphs 10 to 15 of Schedule 3.

Section 10A Definition of social care and children functions”

(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).

Section 10B Certain functions of the Department to be exercisable on its behalf by HSC trusts

(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.

Section 11 Transfer of staff to HSC trusts

(1) Subject to paragraph (5), this Article applies to any person who, immediately before an HSC trust's operational date—

(a) is employed by a relevant body to work solely at, or for the purposes of, a hospital or other establishment or facility which is to become the responsibility of the trust; or

(b) is employed by a relevant body to work at, or for the purposes of, such a hospital, establishment or facility and is designated for the purposes of this Article by a scheme made by the relevant body specified as mentioned in paragraph 3(1)(f) of Schedule 3.

(2) A scheme under this Article shall not have effect unless approved by the Department.

(3) Subject to Article 12, the contract of employment between a person to whom this Article applies and the relevant body by which he is employed shall have effect from the operational date as if originally made between him and the HSC trust .

(4) Without prejudice to paragraph (3)—

(a) all the relevant body's rights, powers, duties and liabilities under or in connection with a contract to which that paragraph applies shall by virtue of this Article be transferred to the HSC trust on its operational date; and

(b) anything done before that date by or in relation to the relevant body in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the HSC trust .

(5) In any case where—

(a) an order under Article 10(1) provides for the establishment of an HSC trust with effect from a date earlier than the operational date of the trust, and

(b) on or after that earlier date but before its operational date the HSC trust makes an offer of employment by the trust to a person who at that time is employed by a relevant body to work (whether solely or otherwise) at, or for the purposes of, the hospital or other establishment or facility which is to become the responsibility of the trust, and

(c) as a result of the acceptance of the offer, the person to whom it was made becomes an employee of the HSC trust ,

paragraphs (3) and (4) shall have effect in relation to that person's contract of employment as if he were a person to whom this Article applies and any reference in those paragraphs to the operational date of the trust were a reference to the date on which he takes up employment with the trust.

(6) Paragraphs (3) and (4) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only of the change in employer effected by this Article.

(7) A scheme under this Article may designate a person either individually or as a member of a class or description of employees.

Section 12 Supplementary provisions as to transfer of staff

(1) In the case of a person who falls within Article 11(1)(b), a scheme under that Article may provide that, with effect from the HSC trust's operational date, his contract of employment (in this Article referred to as “his original contract”) shall be treated in accordance with the scheme as divided so as to constitute—

(a) a contract of employment with the HSC trust ; and

(b) a contract of employment with the relevant body by which he was employed before that date.

(2) Where a scheme makes provision as mentioned in paragraph (1),—

(a) the scheme shall secure that the benefits to the employee under the two contracts referred to in that paragraph, when taken together, are not less favourable than the benefits under his original contract;

(b) Article 11 shall apply in relation to the contract referred to in paragraph (1)(a) as if it were a contract transferred under that Article from the relevant body mentioned in paragraph (1)(b) to the HSC trust ;

(c) so far as necessary to preserve any rights and obligations, the contract referred to in paragraph (1)(b) shall be regarded as a continuation of the employee's original contract; and

Sub‐para. (d) rep. by 1996 NI 16

Para. (3) rep. by 1996 NI 16

(4) Where, as a result of the provisions of Article 11, by virtue of his employment during any period after the operational date of the HSC trust ,—

(a) an employee has contractual rights against an HSC trust to benefits in the event of his redundancy, and

(b) he also has statutory rights against the trust under Part XII of the Employment Rights (Northern Ireland) Order 1996 (redundancy payments),

any benefits provided to him by virtue of the contractual rights referred to in sub-paragraph (a) shall be taken as satisfying his entitlement to benefits under the said Part .

Section 13 Transfer of assets and liabilities to HSC trusts

(1) The Department may by order transfer or provide for the transfer to an HSC trust , with effect from such date as may be specified in the order, of such of the assets and liabilities of the Department or of a relevant body as, in the Department's opinion, need to be transferred to the trust for the purpose of enabling it to carry out its functions.

(2) An order under this Article may create or impose such new rights or liabilities in respect of what is transferred or what is retained by the Department or a relevant body as appear to the Department to be necessary or expedient.

(3) Nothing in this Article affects the power of the Department or any power of a relevant body to transfer assets or liabilities to an HSC trust otherwise than under paragraph (1).

(4) Stamp duty shall not be chargeable in respect of any transfer to an HSC trust effected by or by virtue of an order under this Article.

(5) Where an order under this Article provides for the transfer—

(a) of land held on lease from a third party, or

(b) of any other asset leased or hired from a third party or in which a third party has an interest,

the transfer shall be binding on the third party notwithstanding that, apart from this paragraph, it would have required his consent or concurrence.

(6) Any assets and liabilities which are to be transferred to an HSC trust shall be identified by agreement between the trust and a relevant body or, in default of agreement, by direction of the Department.

(7) Where, for the purpose of a transfer pursuant to an order under this Article, it becomes necessary to apportion any assets or liabilities, the order may contain such provisions as appear to the Department to be appropriate for the purpose; and where any such assets fall within paragraph (5), the order shall contain such provisions as appear to the Department to be appropriate to safeguard the interests of third parties, including, where appropriate, provision for the payment of compensation of an amount to be determined in accordance with the order.

(8) In the case of any transfer made by or pursuant to an order under this Article, a certificate issued by the Department that any asset or liability specified in the certificate is vested in the HSC trust specified in the order shall be conclusive evidence of that fact for all purposes.

(9) An order under this Article may include provision for matters to be settled by arbitration by a person determined in accordance with the order.

(10) In this Article “third person” means a person other than the Department or a relevant body.

Section 14 Originating capital debt of, and other financial provisions relating to, HSC trusts

(1) Each HSC trust shall have an originating capital of an amount specified in an order made by the Department, being an amount representing, subject to paragraph (2), the excess of the valuation of the assets which, on or in connection with the establishment of the trust, are or are to be transferred to it (whether before, on or after its operational date) over the amounts of the liabilities which are or are to be so transferred.

(2) In determining the originating capital of an HSC trust , there shall be left out of account such assets or, as the case may be, liabilities as are, or are of a class, determined for the purposes of this Article by the Department.

(3) An HSC trust's originating capital shall be deemed to have been issued out of moneys appropriated by Measure and shall constitute an asset of the Consolidated Fund.

(4) An HSC trust's orginating capital shall be public dividend capital.

Paras. (5), (6) rep. by 2001 c. 3 (NI)

(7) The Department may determine

(a) the dividend which is to be payable at any time on any public dividend capital issued, or treated as issued, under this Order;

(b) the amount of any such public dividend capital which is to be repaid at any time;

(c) any other terms on which any public dividend capital is so issued or treated as issued.

(8) An order under paragraph (1) and a determination under paragraph (2) . . . or (7) shall be made with the consent of the Department of Finance and Personnel.

(9) Schedule 4 shall have effect with respect to—

(a) borrowing by HSC trusts ;

(b) the limits on their indebtedness;

(c) the payment of additional public dividend capital to them; and

(d) the application of any surplus funds of HSC trusts .

Section 15 Financial obligations of HSC trusts

(1) Every HSC trust shall ensure that its revenue is not less than sufficient, taking one financial year with another, to meet outgoings properly chargeable to revenue account.

(2) It shall be the duty of every HSC trust to achieve such financial objectives as may from time to time be set by the Department with the consent of the Department of Finance and Personnel and as are applicable to it; and any such objectives may be made applicable to HSC trusts generally, or to a particular HSC trust or to HSC trusts of a particular description.

Section 16 Trust funds and trustees for HSC trusts

(1) The Department may by order provide for the appointment of trustees for an HSC trust ; and any trustees so appointed shall have power to accept, hold and administer any property on trust for the general or any specific purposes of the HSC trust (including the purposes of any specific hospital or other establishment or facility at or from which services are provided by the trust).

(2) An order under paragraph (1) may—

(a) make provision as to the persons by whom trustees are to be appointed and generally as to the method of their appointment;

(b) make any appointment subject to such conditions as may be specified in the order (including conditions requiring the consent of the Department);

(c) make provision as to the number of trustees to be appointed, including provision under which that number may from time to time be determined by the Department after consultation with such persons as it considers appropriate; and

(d) make provision with respect to the term of office of any trustee and his removal from office.

(3) Where, under paragraph (1), trustees have been appointed for an HSC trust —

(a) the Department may by order transfer or provide for the transfer of endowments or other property held on trust from the HSC trust to the trustees so appointed; and

(b) an order under Article 13 may transfer or provide for the transfer of endowments or other property held on trust by a Health and Social Services Board to the trustees for an HSC trust and, accordingly, in relation to such endowments or other property, references in Article 13 to an HSC trust shall be construed as including references to the trustees for that trust.

(4) Paragraphs (4), (5) and (8) of Article 13 apply, with appropriate modifications, in relation to an order under paragraph (3)(a) as they apply in relation to an order under that Article.

(5) Subject to paragraphs (6) to (8) and to any provision made by an order under Article 13, the transfer under Article 13 or paragraph (3)(a) of any property held on trust shall not affect the trusts on which the property is held.

(6) Any discretion given by a trust instrument to the trustees of property transferred under Article 13 or paragraph (3)(a) shall be exercisable by the body to which or persons to whom the property is so transferred.

(7) Where—

(a) Schedule 14 to the principal Order applies to an endowment held by a Health and Social Services Board; and

(b) that endowment is transferred—

(i) to an HSC trust or the trustees for an HSC trust under Article 13; or

(ii) to the trustees for an HSC trust under paragraph (3)(a), having previously been transferred to the HSC trust under Article 13,

the said Schedule 14 shall apply to the use of that endowment by the HSC trust or, as the case may be, the trustees for the HSC trust as it applied to the use thereof by the Health and Social Services Board.

(8) Where—

(a) Article 81 of the principal Order applies to any property held by a Health and Social Services Board; and

(b) that property is transferred—

(i) to an HSC trust or the trustees for an HSC trust under Article 13; or

(ii) to the trustees for an HSC trust under paragraph (3)(a), having previously been transferred to the HSC trust under Article 13,

the said Article 81 shall apply to the administration of that property by the HSC trust or, as the case may be, the trustees for the HSC trust as it applied to the administration thereof by the Health and Social Services Board.

(9) References in this Article—

(a) to property include references to the rights and liabilities arising from property;

(b) to endowments and property held on trust include references to the income and accumulated income thereof.

Section 21 Indicative amounts for doctors' practices

(1) Subject to paragraphs (2) and (8) , for each financial year, the Department shall, by notice given to each practice . . . , specify an amount of money (in this Order referred to as an “indicative amount”) representing the basic price of the drugs, medicines and listed appliances which, in the opinion of the Department , it is reasonable to expect will be supplied in that year pursuant to orders given by or on behalf of the members of that practice.

Para. (2) rep. by 2001 c. 3 (NI)

(3) For the purposes of this Article, a “practice” means—

(a) a person or body who has entered into a contract under Article 57 of the principal Order, otherwise than in partnership; or

(b) two or more individuals practising in partnership who together have entered into such a contract;

and any reference to the members of a practice shall be construed accordingly.

(4) The members of a practice shall seek to secure that, except with the consent of the Department or for good cause, the orders for drugs, medicines and listed appliances given by them or on their behalf are such that the basic price of the items supplied pursuant to those orders in any financial year does not exceed the indicative amount notified to the practice for that year under paragraph (1).

(5) For the purpose of measuring the extent to which a practice is operating within the indicative amount notified to it under paragraph (1) for any financial year, the Department shall set against that indicative amount an amount equal to the basic price of the drugs, medicines and listed appliances supplied in that year pursuant to orders given by or on behalf of members of the practice.

(6) For the purposes of this Article, regulations may make provision as to the specification of, or means of calculating, the basic price of any drugs, medicines or listed appliances.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In this Article “listed” has the same meaning as in Article 63 of the principal Order.

(8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) This Article does not apply in relation to the performance or provision of personal medical services in accordance with arrangements made under Article 15B of the principal Order.

Section 23 Power of the Regional Agency , special agencies and HSC trusts to raise funds by appeals, collections, etc.

(1) The Department may by regulations confer power on the Regional Board, ... , special agencies and HSC trusts (in this Article referred to as “relevant bodies”) to engage in activities to which this Article applies, but before making any regulations under this Article the Department shall consult the relevant bodies and such other bodies as the Department thinks fit.

(2) This Article applies to activities intended to stimulate the giving (whether on trust or otherwise) of money or other property to assist the relevant bodies in providing or improving any services or any facilities or accommodation which is or are or is or are to be provided as part of the health and social care or to assist the relevant bodies in connection with their functions with respect to research, including, subject to paragraph (3),—

(a) public appeals or collections and competitions, entertainments, bazaars, sales of produce or other goods and other similar activities; and

(b) activities involving the use of land, premises or other property held by or for the benefit of the relevant bodies, subject however to any restriction on the purposes for which trust property may be used.

(3) Regulations under this Article may provide that this Article shall not apply to activities of a prescribed description.

(4) Subject to paragraphs (5) to (8), the relevant body at whose instance property is given in pursuance of this Article shall, after defraying out of it any expenses incurred in obtaining it, hold, administer and apply the property on trust for the purpose for which it was given.

(5) Where property is given in pursuance of this Article on trust for any purposes of an HSC trust for which trustees have been appointed under Article 16(1), then, if those trustees and the HSC trust agree, the property may be held, administered and applied by those trustees instead of by the HSC trust ; and references in paragraphs (6) to (8) to a relevant body accordingly include references to trustees for an HSC trust .

(6) Where property held by a relevant body under this Article is more than sufficient to enable the purpose for which it was given to be fulfilled, the excess shall be applicable, in default of any provision for its application made by the trust or other instrument under or in accordance with which the property comprising the excess was given, for such purposes connected with any of the functions of the relevant body as the relevant body thinks fit.

(7) Where property held by a relevant body under this Article is insufficient to enable the purpose for which it was given to be fulfilled then—

(a) the relevant body may apply so much of the capital or income at its disposal as is needed to enable the purpose to be fulfilled subject, however, in the case of trust property, to any restrictions on the purposes for which the trust property may be applied, and in the case of money paid or payable bythe Department under Article 87(1) of the principal Order, to any directions it may give; but

(b) where the capital or income applicable under sub-paragraph (a) is insufficient or is not applied to enable the purpose to be fulfilled, the property so held by the relevant body shall be applicable, in default of any provision for its application made by the trust or other instrument under or in accordance with which the property was given, for such purposes connected with any of the functions of the relevant body as the relevant body thinks fit.

(8) Where under paragraph (6) or (7) property becomes applicable for purposes other than that for which it was given, the relevant body shall have regard to the desirability of applying the property for a purpose similar to that for which it was given.

Section 24 Schemes for meeting losses and liabilities, etc., of certain health and social care bodies

(1) The Department may by regulations made with the consent of the Department of Finance and Personnel establish a scheme whereby any of the bodies mentioned in paragraph (2) may make provision to meet—

(a) expenses arising from any loss of or damage to their property; and

(b) liabilities to third parties for loss, damage or injury arising out of the carrying out of the functions of the bodies concerned.

(2) The bodies referred to in paragraph (1) are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(aa) the Regional Agency;

(b) RBSO;

(c) special agencies; and

(d) HSC trusts ;

but a scheme under this Article may limit the class or description of bodies which are eligible to participate in it.

(3) Without prejudice to the generality of the power conferred by paragraph (1), a scheme under this Article may—

(a) provide for the scheme to be administered by the Department or by a body specified in the scheme (being a body mentioned in paragraph (2));

(b) require any body which participates in the scheme to make payments in accordance with the scheme; and

(c) provide for the making of payments for the purposes of the scheme by the Department.

(4) Without prejudice to any other power of direction conferred on the Department,—

(a) if the Department so directs, a body which is eligible to participate in a scheme shall do so; and

(b) where a scheme provides for it to be administered by the Department, a body mentioned in paragraph (2) shall carry out such functions in connection with the administration of the scheme by the Department as the Department may direct.

(5) A person or body administering a scheme under this Article does not require permission under any provision of the Financial Services and Markets Act 2000 as respects activities carried out under the scheme.

Section 25 Arrangements by Department for provision of accommodation by voluntary organisations, etc.

For Article 36 of the principal Order there shall be substituted the following Article—

Provision of accommodation in premises maintained by voluntary organisations, etc.

(36)

(1) Subject to paragraph (2) and Article 36A, arrangements made by the Department under Article 15 may include arrangements with—

(a) any voluntary organisation or other person, being an organisation or person who—

(i) manages a home for persons in need and is registered in accordance with Schedule 5 in respect of the home; or

(ii) manages premises which do not fall within the definition of a home for persons in need in Article 2(2) by reason only of their being managed or controlled by a public body constituted by special Act of Parliament or incorporated by Royal Charter; or

(b) any person in respect of his private home,

for the provision of accommodation in such home or premises.

(2) Arrangements under Article 15 for the provision of residential accommodation where nursing care is provided must be arrangements made with a voluntary organisation or other person, being an organisation or person managing premises—

(a) in respect of which the organisation or other person is registered under Part I of the Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971 ; or

(b) which do not fall within the definition of nursing home in section 10(1) of that Act by reason only of being maintained or controlled by a body of persons constituted by special Act of Parliament or incorporated by Royal Charter.

(3) Any arrangements made by virtue of this Article shall provide for the making by the Department to the other party thereto of payments in respect of the accommodation provided at such rates as may be determined by or under the arrangements; and, subject to paragraph (7), the Department shall recover from each person for whom accommodation is provided under the arrangements the amount of the refund which he is liable to make in accordance with the following provisions of this Article.

(4) Subject to the following provisions of this Article, a person for whom accommodation is provided under any such arrangements shall refund to the Department any payments made in respect of him under paragraph (3).

(5) Where a person for whom accommodation is provided, or proposed to be provided, under any such arrangements satisfies the Department that he is unable to make a refund at the full rate determined under paragraph (3), the Department shall assess his ability to pay, and accordingly determine at what lower rate he shall be liable to make a refund.

(6) Regulations may make provision for the assessment, for the purposes of paragraph (5), of a person's ability to pay.

(7) Where accommodation in any home or premises is provided for any person under arrangements made by virtue of this Article and the Department, the person concerned and the voluntary organisation or other person managing the home or premises (in this paragraph referred to as “the provider”) agree that this paragraph shall apply—

(a) so long as the person concerned makes the payments for which he is liable under sub-paragraph (b), he shall not be liable to make any refund under paragraph (4) or (5) and the Department shall not be liable to make any payment under paragraph (3) in respect of the accommodation provided for him;

(b) the person concerned shall be liable to pay to the provider such sums as he would otherwise (under paragraph (4) or (5)) be liable to pay by way of refund to the Department; and

(c) the Department shall be liable to pay to the provider the difference between the sums paid by virtue of sub-paragraph (b) and the payments which, but for sub-paragraph (a), the Department would be liable to pay under paragraph (3).

(8) The Department may, on each occasion when it makes arrangements by virtue of this Article for the provision of accommodation for a person and irrespective of his means, limit to such amount as appears to the Department reasonable for him to pay the refunds required from him for his accommodation during a period commencing when the Department began to make the arrangements for accommodation for him and ending not more than 8 weeks after that.

Section 27 Charges in respect of accommodation provided by the Department

For Article 99 of the principal Order there shall be substituted the following Article—

Charges in respect of accommodation provided by Department under Article 15

(99)

(1) Where a person is provided under Article 15 with accommodation in premises provided by the Department, the Department shall recover from him the amount of the payment which he is liable to make in accordance with the following provisions of this Article.

(2) Subject to the following provisions of this Article, the payment which a person is liable to make for any such accommodation shall be in accordance with a standard rate determined by the Department for that accommodation and that standard rate shall represent the full cost to the Department of providing that accommodation.

(3) Subject to paragraph (4), where a person for whom such accommodation is provided, or proposed to be provided, satisfies the Department that he is unable to pay for the accommodation at the standard rate, the Department shall assess his ability to pay, and accordingly determine at what lower rate he shall be liable to pay for the accommodation.

(4) The liability of any person to pay for accommodation under this Article may be reduced by reason of any work which he performs and which assists materially in the management of the premises.

(5) Regulations may make provision for the assessment, for the purposes of paragraph (3), of a person's ability to pay.

(6) The Department may, on each occasion when it provides accommodation mentioned in paragraph (1) for any person and irrespective of his means, limit to such amount as appears to the Department reasonable for him to pay the payments required from him for his accommodation during a period commencing when the Department began to provide the accommodation for him and ending not more than 8 weeks after that.

Section 28 Recovery of charges due to Department for accommodation

In Article 101A of the principal Order (recovery of cost of accommodation where persons have disposed of assets)—

(a) in paragraph (2) for the words from “Article 99” to the end there shall be substituted “ Article 36 or 99 the ability of the person for whom accommodation is provided to pay for it or (as the case may be) to make a refund to the Department in respect of it. ” ;

(b) after paragraph (3) there shall be inserted the following paragraph—

(3A) If the Department so directs, paragraph (1) shall not apply in such cases as may be specified in the direction.

Section 29 General medical services

(1) In Article 56 of the principal Order (general medical services)—

(a) in paragraph (2), sub-paragraph (d) (right of certain medical practitioners to be included in list of practitioners undertaking to provide general medical services other than maternity medical services) shall cease to have effect;

(b) in paragraph (2A) the words “be entitled to” shall cease to have effect;

(c) after paragraph (2A) there shall be inserted the following paragraph—

(2B) The Department may by order specify the maximum number of medical practitioners with whom, in any year, all the Health and Social Services Boards, taken as a whole, may enter into arrangements under this Article; and any such order may contain such incidental and consequential provisions (including provisions amending this Part) as appear to the Department to be appropriate.

(2) In Article 107(1) of the principal Order (orders subject to negative resolution) after the words “Article 16(1)” there shall be inserted “ , 56(2B) ” .

Section 30 Limitations on right to be included on list of dental practitioners providing general dental services

(1) Article 61 of the principal Order (arrangements for general dental services) shall be amended in accordance with this Article.

(2) In paragraph (2)(b) (regulations to include provision conferring a right, subject to certain qualifications, to be entered on a list of dental practitioners providing general dental services) for the words “paragraph (2A)” there shall be substituted “ paragraphs (2A) and (2AA) ” .

(3) After paragraph (2A) there shall be inserted the following paragraph—

(2AA) Regulations may make the exercise of the right conferred by virtue of sub-paragraph (b) of paragraph (2) subject to any provision made by or under the regulations, and, in such cases as may be prescribed, may confer a right of appeal to a prescribed body in respect of a refusal to include a dental practitioner on such a list as is referred to in sub-paragraph (a) of that paragraph.

Section 31 Pharmaceutical services

(1) In Article 63 of the principal Order (arrangements for pharmaceutical services)—

(a) in paragraph (1)—

(i) for the word “supply” there shall be substituted “ provision ” ;

(ii) at the end of sub-paragraph (b) there shall be inserted

and

(c) such services as may be prescribed;

Head (iii) rep. by 1997 NI 7

(b) in paragraph (2) after the word “mentioned” in the second place where it occurs there shall be inserted “ , or to whom services mentioned in paragraph (1)(c) are to be provided ” ;

(c) in paragraphs (2A)(b), (c) and (d) and (2B) before the word “services” in each place where it occurs there shall be inserted “ pharmaceutical ” ;

(d) in paragraph (2B)(d) for the words “a prescribed criterion” there shall be substituted “ prescribed criteria ” .

(2) Article 64 of the principal Order (persons authorised to provide pharmaceutical services) shall be renumbered as paragraph (1) of that Article and after that paragraph there shall be added the following paragraph—

(2) No arrangements for the provision of pharmaceutical services falling within Article 63(1)(c) shall be made with persons other than those who are pharmacists or are of a prescribed description.

Section 32 Director of Public Health

(1) The chief administrative medical officer of the Regional Agency shall be known as the Director of Public Health for Northern Ireland.

(1A) For any reference to the Director of Public Health of a Health and Social Services Board in—

(a) the statutory provisions mentioned in paragraph (2);

(b) any other statutory provision passed or made before the coming into operation of section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009,

there shall be substituted a reference to the Director of Public Health for Northern Ireland.

(2) The statutory provisions referred to in paragraph (1)(a) are—

(a) section 1 of the Notification of Births Act 1907 ;

(b) sections 125(2) and 134 of the Factories Act (Northern Ireland) 1965 ;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 22A of the Public Health Act (Northern Ireland) 1967 . . . (exercise of functions of chief administrative medical officer) for the words “other medical officer” there shall be substituted “ other officer ” .

Section 33 Regulations, orders , directions and guidance

(1) Regulations under this Order shall be subject to negative resolution ; but this is subject to paragraph (1A).

(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.

(2) Without prejudice to any other provision of this Order, any power conferred by this Order on the Department to make any regulations having a financial implication shall, if the Department of Finance and Personnel so directs, be exercisable only in conjunction with that Department.

(3) The Statutory Rules (Northern Ireland) Order 1979 shall not apply to any order made by the Department under Article 13(1) or paragraph 24 of Schedule 3.

(4) Section 17(2) of the Interpretation Act (Northern Ireland) 1954 shall apply to a direction given by the Department under this Order as if the direction were a statutory instrument.

(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.

Section 1

It is the duty of a Health and Social Services Council (in this Schedule referred to as a “Council”)—

(a) to represent the interests of the public in the health and personal social services in the Council's area;

(b) to perform such other functions as may be conferred on it by virtue of paragraph 2.

Section 2

Regulations may make provision as to—

(a) the membership of Councils (including the appointment or election of a chairman of each Council);

(b) the proceedings of Councils;

(c) the appointment and proceedings of committees of Councils;

(d) the staff, premises and expenses of Councils;

(e) the consultation of Councils by Health and Social Services Boards, special agencies and HSS trusts with respect to such matters, and on such occasions, as may be prescribed;

(f) the furnishing of information to Councils by Health and Social Services Boards, special agencies and HSS trusts on such subjects and subject to such conditions as may be prescribed;

(g) the right of members of Councils to enter and inspect premises controlled by Health and Social Services Boards, special agencies HSS trusts and persons providing primary medical services under Part II or Part VI of the principal Order , subject to such conditions as may be prescribed;

(h) the consideration by Councils of matters relating to the operation of health and personal social services within their areas, and the giving of advice by Councils to Health and Social Services Boards and special agencies on such matters;

(i) the preparation and publication of reports by Councils on such matters, and the furnishing and publication by Health and Social Services Boards and special agencies of comments on the reports;

(j) the functions to be exercised by Councils in addition to the functions exercisable by them by virtue of paragraph 1(a) and the preceding provisions of this paragraph;

(k) the collaboration by Councils with each other in the exercise of their functions;

(l) such other matters in connection with Councils as the Department thinks fit.

Section 3

Regulations made under paragraph 2(a) shall provide for the members of Councils to be appointed by the Department and shall secure, as respects each Council, that—

(a) at least one member of the Council is so appointed on the nomination of each district council of which the area or part of it is included in the Council's area;

(b) the other members of the Council are so appointed in such manner and after such consultation as may be prescribed.

Section 4

Nothing in paragraph 3 affects the validity of anything done by or in relation to a Council during any period during which, by reason of a vacancy in the membership of the Council or a defect in the appointment of a member of it, a requirement included in regulations in pursuance of that paragraph is not satisfied.

Section 5

References in this Schedule to the area of a Council are references to the area for which the Council is established.

Section 4

In this Part—

“the appointed day” means the day appointed for the coming into operation of paragraph (1) of Article 7;

“health and social services body” has the same meaning as in that Article.

Section 5 The Medicines Act 1968 (c. 67)

(1) In any case where—

(a) before the appointed day, a health and social services body or an HSS trust has made an application for a licence under Part II of the Medicines Act 1968 or any such application as is referred to in section 36 of that Act (applications for clinical trial and animal test certificates), and

(b) the application was accompanied by a declaration under head (a) or head (b) of sub-paragraph (2), and

(c) the application has not been determined before the appointed day,

then, on and after the appointed day and until the application is determined, the health and social services body or HSS trust concerned shall be treated for all purposes as if it held a licence or, as the case may be, a certificate of the description applied for.

(2) The declarations referred to in sub-paragraph (1)(b) are,—

(a) in the case of a health and social services body, that, at the date of the application, the body was carrying on activities which, after the appointed day, it would be unlawful to carry on except in accordance with a licence or certificate of the description applied for; and

(b) in the case of an HSS trust, that the trust has been established to assume responsibility for the ownership and management of a hospital or other establishment or facility and, at the date of the application, a health and social services body was carrying on at that hospital, establishment or facility activities which it is unlawful for the HSS trust to carry on except in accordance with a licence or certificate of the description applied for.

(3) For the purposes of sub-paragraph (1), an application is determined when the licensing authority—

(a) grant a licence or, as the case may be, certificate to the applicant (whether or not in accordance with the application); or

(b) notify the applicant of their refusal to grant a licence or certificate on the application.

(4) Expressions used in sub-paragraphs (1) to (3) have the same meaning as in sections 18 to 22 of the Medicines Act 1968 (applications for, and grant of, licences), including, where applicable, any of those sections as applied by subsection (3) of section 36 of that Act in relation to applications falling within subsection (1) of that section.

Section 6 The Planning (Northern Ireland) Order 1972 (NI 17)

(1) This paragraph applies if—

(a) before the appointed day, notice of any proposed development has been given to the Department of the Environment in accordance with arrangements relating to development by government departments; and

(b) the development relates to land which, at the time the notice was given, fell within Article 7(1)(a) or (b); and

(c) the proposed development has not been carried out before the appointed day.

(2) So far as relates to the carrying out of the development of which notice was given as mentioned in sub-paragraph (1)(a), for the purposes of the arrangements so mentioned and of the Planning (Northern Ireland) Order 1972,—

(a) the carrying out of the development shall continue to be regarded as being by or on behalf of the Crown; and

(b) so long as the interest of the Department in the land referred to in sub-paragraph (1)(b) continues on and after the appointed day to be held in fact by the Department or an HSS trust, that interest shall be regarded as continuing to be an interest of, or held on behalf of, the Crown.

(3) Expressions used in sub-paragraphs (1) and (2) have the same meaning as in the Planning (Northern Ireland) Order 1972.

Section 7 The Rent (Northern Ireland) Order 1978 (NI 20)

(1) This paragraph applies to a tenancy—

(a) which was entered into before the appointed day; and

(b) which is of land which, immediately before the appointed day, was land falling within Article 7(1)(a) or (b).

(2) If and so long as the interest of the landlord under a tenancy to which this paragraph applies continues on and after the appointed day to belong in fact either to the Department or to an HSS trust, it shall be taken to belong to a government department for the purposes of Article 5(7)(b) of the Rent (Northern Ireland) Order 1978 (tenancy where landlord is government department not to be protected tenancy).

(3) Expressions used in sub-paragraphs (1) and (2) have the same meaning as in the Rent (Northern Ireland) Order 1978.

Section 8 The Building Regulations (Northern Ireland) Order 1979 (NI 16)

(1) If, immediately before the appointed day, approved work is proposed to be carried out by or on behalf of a Crown authority (whether or not in relation to a Crown building) the fact that, on or after the appointed day, the work may be carried out by or on behalf of a health and social services body or an HSS trust shall not prevent it continuing to be regarded for the purposes of the Building Regulations (Northern Ireland) Order 1979 as work carried out by a Crown authority.

(2) Subject to sub-paragraph (3), expressions used in sub-paragraph (1) have the same meaning as in Article 22 of the Building Regulations (Northern Ireland) Order 1979 (application to Crown).

(3) Any reference in sub-paragraph (1) to approved work is a reference to work in respect of which, before the appointed day, either a contract for carrying it out was entered into or all necessary design certificates were signed in accordance with arrangements relating to compliance with the substantive requirements of building regulations by Crown authorities.

Section 9 The Fire Services (Northern Ireland) Order 1984 (NI 11)

(1) Without prejudice to the continuing validity on and after the appointed day of any fire certificate issued before that day in accordance with Article 49(3) of the Fire Services (Northern Ireland) Order 1984 (certain functions in relation to premises occupied or owned by the Crown exercisable by the Department of Economic Development instead of by the Fire Authority for Northern Ireland), any application made, notice issued or other thing done before the appointed day to or by the Department of Economic Development, or a person authorised by it, in relation to premises held, used or occupied by a health and social services body, shall be treated on and after that day as if made, issued or done to or by the Fire Authority for Northern Ireland, or an authorised member of the fire brigade.

(2) Expressions used in sub-paragraph (1) have the same meaning as in the Fire Services (Northern Ireland) Order 1984.

Section 1

Any reference in this Part to an order is a reference to an order under Article 10(1) establishing an HSC trust or any subsequent order under that provision amending or revoking a previous order.

Section 2

The provisions made by an order shall be in conformity with any general provision made by regulations under Article 10(6).

Section 3

(1) Without prejudice to any amendment made by a subsequent order, the first order to be made in relation to any HSC trust shall specify—

(a) the name of the trust;

(b) the functions of the trust;

(c) the number of executive directors and non-executive directors;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) the operational date of the trust, that is to say, the date on which the trust is to begin to undertake the whole of the functions conferred on it; and

(f) if a scheme is to be made under Article 11, the relevant body which is to make the scheme.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 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.

Section 4

(1) An order may require a relevant body to make staff, premises and other facilities available to an HSC trust pending the transfer or appointment of staff to or by the trust and the transfer of premises or other facilities to the trust.

(2) An order making provision under this paragraph may make provision with respect to the time when the relevant body's functions under the provision are to come to an end.

Section 5

(1) An order may provide for the establishment of an HSC trust with effect from a date earlier than the operational date of the trust and, during the period between that earlier date and the operational date, the trust shall have such limited functions for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date as may be specified in the order.

(2) If an order makes the provision referred to in sub-paragraph (1), then, at any time during the period referred to in that sub-paragraph, the HSC trust shall be regarded as properly constituted (and may carry out its limited functions accordingly) notwithstanding that, at that time, all or any of the executive directors have not yet been appointed.

(3) If an order makes the provision referred to in sub-paragraph (1), the order may require a relevant body to discharge such liabilities of the HSC trust as—

(a) may be incurred during the period referred to in that sub-paragraph; and

(b) are of a description specified in the order.

Section 6 Specific duties

(1) An HSC trust shall carry out effectively, efficiently and economically the functions for the time being conferred on it by an order under Article 10(1) and by the provisions of this Schedule.

(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).

Section 6A Specific duties

(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.

Section 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).

Section 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).