Health and Personal Social Services (Northern Ireland) Order 1991

JurisdictionUK Non-devolved
CitationSI 1991/194

1991 No. 194 (N.I. 1)

NORTHERN IRELAND

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

Made 5th February 1991

Coming into operation in accordance with Article 1(2) and (3)

At the Court at Buckingham Palace, the 5th day of February 1991

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 19741and 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:—

1 Introductory

Introductory

S-1 Title and commencement

Title and commencement

1.—(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)

(a) this Article;

(b)

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

(c)

(c) Schedule 1;

(d)

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

(e)

(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.

S-2 Interpretation

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 19542shall 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 19723;

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

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

2 Health and social services bodies

Health and social services bodies

S-3 Constitution of Health and Social Services Boards

Constitution of Health and Social Services Boards

3.—(1) Schedule 1 to the principal Order shall be amended in accordance with paragraphs (2) to (7).

(2) For paragraph 3 (constitution of Health and Social Services Board) there shall be substituted the following paragraph—

S-3

3.—(1) A Health and Social Services Board shall consist of—

(a)

(a) a chairman appointed by the Head of the Department;

(b)

(b) a prescribed number of persons appointed by the Head of the Department;

(c)

(c) the chief officer of the Board;

(d)

(d) such other officers as may be prescribed; and

(e)

(e) not more than a prescribed number of other officers of the Board appointed by the chairman and the members specified in heads (b) and (c).

(2) Except in so far as regulations otherwise provide, no person who is an officer of the Board may be appointed under sub-paragraph (1)(a) or (b).

(3) Subject to sub-paragraph (4), regulations may provide that all or any of the persons appointed under sub-paragraph (1)(b) must fulfil prescribed conditions or hold posts of a prescribed description.

(4) In the case of a prescribed Board, at least one of the persons appointed under sub-paragraph (1)(b) must hold a post in a university with a medical or dental school.”.

(3) For paragraph 4 (tenure of office) there shall be substituted the following paragraph—

S-4

4.—(1) The term of office of members of a Health and Social Services Board appointed under paragraph 3(1)(a), (b) or (e) shall be four years or such other period as may be determined by the Head of the Department at the time the appointments are made.

(2) A member of a Health and Social Services Board specified in paragraph 3(1)(c), (d) or (e) shall—

(a)

(a) if he ceases to hold the qualifying office, cease to be a member of the Board;

(b)

(b) if he is suspended from the qualifying office, be suspended from membership of the Board for so long as he remains suspended from that office.

(3) In sub-paragraph (2) “the qualifying office” in relation to a member of a Health and Social Services Board means the office under the Board which he held at the time he became a member of the Board.”.

(4) For paragraph 5 (resignation, removal or death of member) there shall be substituted the following paragraph—

S-5

5.—(1) A member of a Health and Social Services Board appointed under paragraph 3(1)(a) or (b)—

(a)

(a) may resign his membership by serving notice on the Head of the Department;

(b)

(b) may be removed from office by the Head of the Department.

(2) A member of a Health and Social Services Board appointed under paragraph 3(1)(e) may be removed from office by the chairman and members specified in paragraph 3(1)(b) and (c).

(3) Where any member of a Health and Social Services Board—

(a)

(a) is absent from the meetings of the Board for more than six months consecutively, except for an approved reason;

(b)

(b) has been adjudged bankrupt or has made a composition or arrangement with his creditors; or

(c)

(c) is convicted of an indictable offence, the Board shall forthwith, by resolution, declare the office to be vacant and shall notify that fact in such manner as it thinks fit, and thereupon the office shall become vacant.

(4) In sub-paragraph (3)(a) “approved reason” means a reason approved—

(a)

(a) in the case of members appointed under paragraph 3(1)(e), by the chairman and the members specified in paragraph 3(1)(b) and (c);

(b)

(b) in the case of any other member, by the Department.

(5) Where the place of a member specified in paragraph 3(1)(a), (b) or (e) becomes vacant before the expiration of his term of office whether by death, resignation or otherwise, the vacancy shall be filled by appointment—

(a)

(a) in the case of a member specified in paragraph 3(1)(a) or (b), by the Head of the Department;

(b)

(b) in the case of a member specified in paragraph 3(1)(e), by the chairman and the members specified in paragraph 3(1)(b) and (c); and any person so appointed shall hold office for the remainder of the term of office of the former member.”.

(5) In paragraph 8(3) (committees) the words “, so however that a majority of the members of the committee shall be members of the Board” shall cease to have effect.

(6) For paragraph 13 (the seal) there shall be substituted the following paragraph—

S-13

13. The seal of a Health and Social Services Board shall be authenticated by the signatures of—

(a) at least one member of the Board appointed under paragraph 3(1)(a) or (b); and

(b) the chief officer of the Board.”.

(7) After paragraph 14 there shall be added the following paragraph—

S-15

15. Regulations may make provision (including provision modifying this Schedule) to deal with cases where the post of chief officer or any other officer of a Health and Social Services Board 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.”.

(8) Any person who immediately before this Article comes into operation is a member of a Health and Social Services Board shall on its coming into operation cease to be such a member, but shall be eligible to become a member of the Board as constituted under Schedule 1 to the principal Order as amended by this Article.

S-4 Health and Social Services Councils

Health and Social Services Councils

4.—(1) The Department shall establish a council, to be known as a Health and Social Services Council, for the area of each Health and Social Services Board.

(2) Schedule 1 shall have effect in relation to Health and Social Services Councils.

(3) District committees established under Article 20 of the principal Order are hereby abolished.

S-5 Local representative committees

Local representative committees

5. In Article 55 of the principal Order (local representative committees) for paragraph (1) there shall be substituted the following paragraph—

S-1

“1 Where—

(a) a Health and Social Services Board is satisfied as respects a committee formed for its area; or

(b) two or more Health and Social Services Boards are satisfied as respects a committee formed for an area which comprises the areas of those Boards, that the committee is representative—

(i) of the medical practitioners of that area, or

(ii) of the dental practitioners of that area, or

(iii) of the ophthalmic medical practitioners of that area, or

(iv) of the ophthalmic opticians of that area, or

(v) of the persons providing pharmaceutical services in that area, the Board or, as the case may be, the Boards may recognise that committee.”.

S-6 Abolition of Northern Ireland Health and Social Services Training Council

Abolition of Northern Ireland Health and Social Services Training Council

6. The Northern Ireland Health and Social Services TrainingCouncil established under Article 28 of the principal Order is hereby abolished.

S-7 Removal of Crown immunities

Removal of Crown immunities

7.—(1) Subject to the following provisions of this Article, on and after the day appointed for the coming into operation of this paragraph, no health and social services body shall be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and so far as concerns land in which the Department has an interest, at any time when—

(a)

(a) by virtue of directions under any provision of the principal Order, the Health and Medicines (Northern Ireland) Order 19884or the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 19905, powers of management with respect to the land are conferred on a health and social services body, or

(b)

(b) the...

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