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The Belfast Health and Social Services Trust (Establishment) Order (Northern Ireland) 2006

S.R. 2006/292 · Made 22 June 2006 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2022.

HEALTH AND PERSONAL SOCIAL SERVICES

Made 22nd June 2006

Coming into operation 1st August 2006

The Department of Health, Social Services and Public Safetyf1 makes the following Order in exercise of the powers conferred by Article 10(1) of, and paragraphs 3, 3A, 4 and 5 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991f2.

In accordance with Article 10(2) of that Order it has consulted with Health and Social Services Councils and such other persons and bodies as the Department considered appropriate.

Annotations to the whole text

Footnotes

f1

Formerly the Department of Health and Social Services. See S.I. 1999/283 (N.I. 1) Article 3(6)

f2

S.I. 1991/194 (N.I. 1); Article 10 and Schedule 3 were amended by S.I. 1994/429 (N.I. 2) and 2001c3 (N.I.)

Contents

  1. 1Citation, commencement and interpretation
  2. 2Establishment of the trust
  3. 3Nature and functions of the trust
  4. 4Operational area of the trust
  5. 5Directors of the trust
  6. 6Operational date of the trust
  7. 7Limited functions before operational date
  8. 8Assistance by a relevant body before operational date
  9. Signature
  10. Schedule: Operational area
  11. 1Part 1
  12. 2Part 2
  13. 3Part 3
  14. Explanatory note

1Citation, commencement and interpretationI1

(1)

This Order may be cited as the Belfast Health and Social Services Trust (Establishment) Order (Northern Ireland) 2006 and shall come into operation on 1st August 2006.

(2)

In this Order—

  • “the Order” means the Health and Personal Social Services (Northern Ireland) Order 1991;

  • “establishment date” means 1st August 2006;

  • “operational date” has the meaning assigned to it by paragraph 3(1)(e) of Schedule 3 to the Order;

  • F1...

  • “the Royal Group of Hospitals and Dental Hospital” means—

    1. (a)

      the Royal Victoria Hospital;

    2. (b)

      the Royal Maternity Hospital;

    3. (c)

      the Royal Belfast Hospital for Sick Children;

    4. (d)

      the Dental Hospital and School; and

    5. (e)

      associated on-site facilities and services; and

  • F2“social care and children functions” has the meaning assigned to it by Article 10A of the Order

  • “the trust” means the Belfast Health and Social Services Trust established by Article 2.

2Establishment of the trustI1

There is established an HSS trust which shall be called the Belfast Health and Social Services Trust.

3Nature and functions of the trustI1

(1)

The trust is established for the purposes specified in Article 10(1) of the Order.

F1(2)

The trust’s functions shall be—

(a)

to provide goods and services for the purposes of the health and personal social services; and

(F2b)

to exercise social care and children’s functions [within the meaning of Article 10A of the Order].

4Operational area of the trustI1

The operational area of the trust shall be—

(a)

for the purposes of the statutory provisions specified in Part I of the Schedule, the local government districts of Belfast and Castlereagh;

(b)

for the purposes of the statutory provisions specified in Part II of the Schedule, Northern Ireland;

(c)

for the purposes of the statutory provisions specified in Part III of the Schedule, Muckamore Abbey Hospital, 1 Abbey Road, Muckamore, Antrim BT41 4SH and associated premises.

5Directors of the trustI1

(1)

The trust shall have, in addition to the chairman, F17 non-executive directors and 5 executive directors.

(2)

Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 3 to the Order one of the non-executive directors shall be appointed from the Queen’s University of Belfast.

6Operational date of the trustI1

The operational date of the trust shall be 1st April 2007.

7Limited functions before operational dateI1

Between its establishment date and operational date, the trust shall have the functions of doing such things as are reasonably necessary for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date including—

(a)

of entering into HSS contracts; and

(b)

of entering into other contracts including contracts of employment.

8Assistance by a relevant body before operational dateI1

(1)

The Agency shall discharge the liabilities of the trust, reasonably incurred between the establishment date and the operational date, that are of a description specified in paragraph (2).

(2)

The liabilities referred to in paragraph (1) are—

(a)

liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;

(b)

liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust; and

(c)

liability for the remuneration of persons employed by the trust.

Signature

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 22nd June2006

L.S.

Denis McMahon

A senior officer of the

Department of Health, Social Services and Public Safety

1F1

Statutory ProvisionSocial care and children functions
Children and Young Persons Act (Northern Ireland) 1968All social care and children functions
Health and Personal Social Services (Northern Ireland) Order 1972All social care and children functions
Chronically Sick and Disabled Persons (Northern Ireland) Act 1978All social care and children functions
Mental Health (Northern Ireland) Order 1986All social care and children functions
Adoption (Northern Ireland) Order 1987All social care and children functions
Disabled Persons (Northern Ireland) Act 1989All social care and children functions
Children (Northern Ireland) Order 1995All social care and children functions
the Criminal Justice (Northern Ireland) Order 1996All social care and children functions
Carers and Direct Payments Act (Northern Ireland) 2002All social care and children functions
the Criminal Justice (Northern Ireland) Order 2008All social care and children functions
The Mental Capacity Act (Northern Ireland) 2016All social care and children functions

2F1

Statutory ProvisionSocial care and children functions
Health and Personal Social Services (Northern Ireland) Order 1972Articles 15, 36, 38(3) and (4), 99, 101, 101A and paragraphs 8 and 9 of Schedule 6
Chronically Sick and Disabled Persons (Northern Ireland) Act 1978Section 2(c), (d) and (f)
Mental Health (Northern Ireland) Order 1986Articles 8(1), 15(3), 22(1), 28(1) and (5), 29(1) and (2), 42(4), 43(3), 44(5), 45(3), 79(3), 129(1) and (2), 131 and 132
Adoption (Northern Ireland) Order 1987Articles 11(1), 13(3)(a), 24, 31 and 32
Children (Northern Ireland) Order 1995Articles 21, 23, 26, 27, 32, 54, 66 and Schedule 3

3F1

Statutory ProvisionSocial care and children functions
Chronically Sick and Disabled Persons (Northern Ireland) Act 1978All social care and children functions under section 12(1)
Mental Health (Northern Ireland) Order 1986

All social care and children functions except those under

Articles 18 to 26, 28(5)(a), 29(2), 44(1)(b) and 46(5)

Explanatory note

(This note is not part of the Order)

This Order establishes the Belfast Health and Social Services Trust, an HSS trust provided for in Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991.

The Order provides for the functions of the trust both before (Article 7) and after (Article 3) its operational date (the date on which it assumes all its functions). The functions include the exercise of relevant statutory functions which may be delegated to the trust by Health and Social Services Boards by virtue of authorisations made under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994. Article 4 and the Schedule specify the operational areas within which the trust may exercise the delegated functions.

The Order also specifies the operational date of the trust (Article 6) and specifies that between the dates that the new trust is established and becomes operational, its liabilities will be discharged by the Agency (Article 8).