Health and Personal Social Services and Public Health (Northern Ireland) Order 1986
| Jurisdiction | UK Non-devolved |
| Citation | SI 1986/2229 |
| Year | 1986 |
1986No. 2229
NORTHERN IRELAND
Health and Personal Social Services and Public Health
(Northern Ireland) Order 1986
16thDecember1986
ARRANGEMENT OF ORDER
Article
Introductory
1. Title and commencement.
2. Interpretation.
Health and personal social services
3. Dissolution of the Northern Ireland Health and Social Services Council.
4. The Morthern Ireland Health and Social Services Training Council.
5. Common lodging-houses.
6. Acquisition and disposal of land.
7. Medical practitioners whose registration is suspended.
8. Dental practitioners whose registration is suspended.
9. Limitation of charge for accommodation to minimum rate.
10. Recovery of cost of accommodation where persons have disposed of assets.
11. Annual reports.
12. Health and Social Services Boards.
13. Increase on limit of loans to general medical practitioners for practice premises.
14. Charges for general dental treatment.
15. Tobacco products.
Public health
16. Payments to medical practitioners.
17. Regulations for control of certain diseases.
18. Removal to, or detention in, hospital of person with notifiable disease.
Supplemental
19. Repeals.
FIELD:61
At the Court at Buckingham Palace, the 16th day of December 1986
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act ( a)1974 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:--
(a) 1974 c. 28
Introductory
Title and commencement
1.--(1) This Order may be cited as the Health and Personal Social Services and Public Health (Northern Ireland) Order 1986.
(2) Except as provided by paragraph (3), this Order shall come into operation on the expiration of 2 months from the day on which it is made.
(3) Article 10 shall come into operation on such day or days as the Head of the Department of Health and Social Services may by order appoint.
Interpretation
2.--(1) The Interpretation Act (Northern Ireland) ( b)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--
''the Health and Personal Social Services Order'' means the Health and Personal Social Services (Northern Ireland) Order ( c)1972;
''the Public Health Act'' means the Public Health Act (Northern Ireland) ( d)1967.
Health and personal social services
(b) 1954 c. 33 (N.I.)
(c) 1972 NI 14
(d) 1967 c. 36 (N.I.)
Dissolution of the Northern Ireland Health and Social Services Council
3.--(1) The Northern Ireland Health and Social Services Council is hereby dissolved.
(2) In the Health and Personal Social Services Order--
(a) Articles 22, 23 and 24(3) and Schedule 2 (the establishment, constitution and functions of the Northern Ireland Health and Social Services Council) shall cease to have effect;
(b) in Article 24(2) for the words from ''the Council,'' onwards there shall be substituted ''the Department on the provision of any service with which that committee is concerned and shall undertake such investigation as the Department thinks fit.''.
The Northern Ireland Health and Social Services Training Council
4.--(1) The Northern Ireland Staffs Council for the Health and Social Services established under Article 28 of the Health and Personal Social Services Order is renamed the Northern Ireland Health and Social Services Training Council.
(2) In the Health and Personal Social Services Order--
(a) any reference to the Northern Ireland Staffs Council for the Health and Social Services shall be construed as a reference to the Northern Ireland Health and Social Services Training Council; and
(b) any reference to the Staffs Council shall be construed as a reference to the Training Council.
(3) In Part III of Schedule I to the Northern Ireland Assembly Disqualification Act ( a)1975 for the entry ''Chairman of the Northern Ireland Staffs Council for the Health and Social Services'' there shall be substituted--
''Chairman of the Northern Ireland Health and Social Services Training Council''.
Common lodging-houses
5. For Article 40 of the Health and Personal Social Services Order there shall be substituted--
''Common lodging-houses
40. The Department may, by regulations, make provision with respect to common lodging-houses, and any such regulations shall include provision--
(a) 1975 c. 25
(a) for the registration of common lodging-houses by Health and Social Services Boards;
(b) for conferring a right of appeal to a county court by a person aggrieved by a decision of a Health and Social Services Board refusing an application for registration of, or cancelling any registration in respect of, a common lodging-house, and for making provision for any matter for which it appears to the Department to be necessary or expedient to make provision in consequence of the conferring of that right;
(c) for inspection of common lodging-houses.''.
Acquisition and disposal of land
6. After Article 48(1) of the Health and Personal Social Services Order (acquisition of land) there shall be inserted--
''(1A) Where the Department proposes to dispose of any land and is of the opinion that it is necessary, in order to facilitate that disposal, to acquire land adjoining that land, then, notwithstanding that the acquisition of that adjoining land is not required for the purposes of any of the health or personal social services, the Department may acquire by agreement that adjoining land.''.
Medical practitioners whose registration is suspended
7. In Article 56 of the Health and Personal Social Services Order (arrangeents for general medical services)--
(a) at the end of paragraph (2)(g) there shall be added--
''(h) for the making of arrangements for the temporary provision of general medical services;
(i) for the circumstances in which a name added to the list under paragraph (4A) may be removed from it.'';
(b) after paragraph (4) there shall be inserted--
"(4A) The persons with whom arrangements for the temporary provision of general medical services in an area may be made under paragraph (2)(h) include medical practitioners who are not on the list of medical practitioners providing such services in the area and accordingly the provision for the preparation, publication and maintenance of lists of medical practitioners under paragraph (2)(a) and (b) shall include provision for the addition to the list of the names of medical practitioners with whom such arrangements are made.
(4B) Regulations may provide that this Order and any regulations made under it shall apply in relation--
(a) to the making of arrangements for the temporary provision of general medical services; and
(b) to the provision of general medical services in pursuance of any such arrangements, subject to such modifications as may be specified in the regulations.
(4C) Where the registration of a medical practitioner in the register of medical practitioners is suspended--
(a) by direction of the Health Committee of the General Medical Council under section 37(1) of the Medical Act 1983 (unfitness to practise by reason of physical or mental condition);
(b) by an order of that Committee under section 38(1) of that Act (order for...
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