Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003
2003 No. 431 (N.I. 9)
NORTHERN IRELAND
The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003
27thFebruary 2003
ARRANGEMENT OF ORDER
PART I
INTRODUCTORY
1. |
Title and commencement |
2. |
Interpretation |
PART II
NORTHERN IRELAND HEALTH AND PERSONAL SOCIAL SERVICES REGULATION AND IMPROVEMENT AUTHORITY
3. |
The Regulation and Improvement Authority |
4. |
General duties in relation to provision of services |
5. |
Advice and information about services |
6. |
Regulations and directions |
7. |
Annual report |
PART III
REGULATION OF ESTABLISHMENTS AND AGENCIES
Preliminary
8. |
Regulated establishments and agencies: general interpretation |
9. |
Children's homes |
10. |
Residential care homes |
11. |
Nursing homes |
Registration
12. |
Requirement to register |
13. |
Applications for registration |
14. |
Grant or refusal of registration |
15. |
Cancellation of registration |
16. |
Applications by registered persons |
17. |
Regulations about registration |
Registration procedure
18. |
Notice of proposals |
19. |
Right to make representations |
20. |
Notice of decisions |
21. |
Urgent procedure for cancellation etc. |
22. |
Appeals to the Care Tribunal |
Regulations
23. |
Regulations relating to establishments and agencies |
Offences
24. |
Failure to comply with conditions |
25. |
Contravention of regulations |
26. |
False descriptions of establishments and agencies |
27. |
False statements in applications |
28. |
Failure to display certificate of registration |
29. |
Proceedings for offences |
Supplementary
30. |
Annual returns |
31. |
Liquidators etc. |
32. |
Death of registered person |
33. |
Provision of copies of register |
PART IV
QUALITY OF HEALTH AND PERSONAL SOCIAL SERVICES
34. |
Duty of quality |
35. |
Role of the Regulation and Improvement Authority |
PART V
BOARDS AND HSS TRUSTS - ADOPTION, FOSTERING AND CHILDREN UNDER 12
36. |
Provision of information |
37. |
Annual returns |
PART VI
MISCELLANEOUS
38. |
Statements of minimum standards |
39. |
Improvement notices |
40. |
Power to require information from establishments and agencies and power of entry and inspection |
41. |
Power to require information from inspections relating to Boards and HSS trusts, etc. and powers of entry and inspection |
42. |
Inspections: provisions supplementary to Articles 40 and 41 |
43. |
Restrictions on disclosure of information under Article 40 or 41 |
44. |
The Care Tribunal |
45. |
Arrangements for provision of accommodation outside Northern Ireland |
46. |
Rules regarding courses for persons who are or wish to become social workers |
47. |
Arrangements for provision of pharmaceutical services by pharmacists |
48. |
Regulations, orders and directions |
49. |
Transitional provisions and savings |
50. |
Amendments and repeals |
SCHEDULES:
Schedule 1 |
The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority |
Schedule 2 |
The Care Tribunal |
Schedule 3 |
Transitional provisions and savings |
Schedule 4 |
Amendments |
Schedule 5 |
Repeals |
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:
At the Court at Buckingham Palace, the 27th day of February 2003
Present,
The Queen's Most Excellent Majesty in Council
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c.1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: -
PART I
INTRODUCTORY
Title and commencement
1. - (1) This Order may be cited as the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.
(2) This Part shall come into operation on the expiration of one month from the day on which this Order is made.
(3) The remaining provisions of this Order shall come into operation on such day or days as the Department may by order appoint.
Interpretation
2. - (1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.
(2) In this Order -
"authority", except in Article 42(1), and "authority foster parent" have the same meanings as in the Children Order;
"Care Tribunal" means the tribunal established under Article 44;
"child" means a person under the age of 18;
"the Children Order" means the Children (Northern Ireland) Order 1995 (NI 2);
"day care setting" means, subject to paragraph (8), a place where persons in need of prescribed services may attend for the purposes of assessment, rehabilitation or counselling but where they are not provided with board or accommodation;
"the Department" means the Department of Health, Social Services and Public Safety;
"domiciliary care agency" means, subject to paragraph (8), an undertaking which consists of or includes arranging the provision of prescribed services in their own homes for persons who by reason of illness, infirmity, disability or family circumstances are unable to provide any such service for themselves without assistance;
"employment agency" and "employment business" have the same meanings as in Part II of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (NI 20); but no business which is an employment business shall be taken to be an employment agency;
"fostering agency" means, subject to paragraph (8), -
(a) an undertaking (other than an authority) which consists of or includes discharging functions on behalf of an authority in connection with the placing of children with foster parents; or(b) a voluntary organisation which places children with foster parents under Article 75(1) of the Children Order;"homeless persons" shall be construed in accordance with Part II of the Housing (Northern Ireland) Order 1988 (NI 23);
"hospital" means, subject to paragraph (8), -
(a) an establishment - (i) the main purpose of which is to provide medical or psychiatric treatment for illness or mental disorder or palliative care; or(ii) in which (whether or not other services are also provided) any of the listed services are provided;(b) any other establishment in which treatment or nursing (or both) is provided for persons liable to be detained under the Mental Health (Northern Ireland) Order 1986 (NI 4);"illness" includes any injury;
"independent clinic" means, subject to paragraph (8), an establishment of a prescribed kind (not being a hospital) in which services are provided by medical practitioners (whether or not any services are also provided for the purposes of the establishment elsewhere), but an establishment in which, or for the purposes of which, services are provided by medical practitioners in pursuance of the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14) is not an independent clinic;
"independent hospital" means, subject to paragraph (8), a hospital which is not vested in the Department or managed by an HSS trust;
"independent medical agency" means, subject to paragraph (8), an undertaking (not being an independent clinic) which consists of or includes the provision of services by medical practitioners, but if any of the services are provided for the purposes of an independent clinic, or by medical practitioners in pursuance of the Health and Personal Social Services (Northern Ireland) Order 1972, it is not an independent medical agency;
"medical" includes surgical;
"mental disorder" has the same meaning as in the Mental Health (Northern Ireland) Order 1986 (NI 4);
"nursing agency" means, subject to paragraph (8), an employment agency or employment business, being (in either case) a business which consists of or includes supplying, or providing services for the purpose of supplying, registered nurses, registered midwives or registered health visitors;
"nursing home" has the meaning given by Article 11;
"parent", in relation to a child, includes any person who is not a parent of his but who has parental responsibility for him;
"parental responsibility" has the same meaning as in the Children Order;
"personal care" has the meaning given by Article 10(3);
"prescribed" means prescribed by regulations;
"the Regulation and Improvement Authority" means the Northern Ireland Health and Personal Social Services Regulation and Improvement Authority;
"regulations" means regulations made by the Department;
"relative" has the same meaning as in the Children Order;
"residential care home" shall be construed in accordance with Article 10;
"residential family centre" means, subject to paragraph (8), any establishment at which -
(a) accommodation is provided for children and their parents;(b) the parents' capacity to respond to the children's needs and to safeguard their welfare is monitored or assessed; and(c) the parents are given such advice, guidance or counselling as is considered necessary,and in this definition "parent", in relation to a child, includes any person who is looking after the child;
"school" has the meaning assigned to it by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (NI 3);
"service provider" means a person who provides -
(a) services in accordance with agreements under Article 15C of the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14); or(b) Part VI services (within the meaning of that Order);"treatment" includes diagnosis;
"undertaking" includes any business or profession and -
(a) in relation to any public body, includes the exercise of any functions of that body; and(b) in relation to any other body of persons, whether corporate or unincorporated, includes any of the activities of that body;"voluntary adoption agency" means a voluntary organisation which is an adoption society within the meaning of the Adoption (Northern Ireland) Order 1987 (NI 22);
"voluntary organisation" has the same meaning as in the Adoption (Northern Ireland) Order 1987 (NI 22).
(3) Other expressions used in the Health and Personal Social Services (Northern Ireland) Order 1972 and this Order have the same meaning in...
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