Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003

JurisdictionUK Non-devolved
CitationSI 2003/431

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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