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The Health and Social Services Trusts (Establishment) (Amendment) Order (Northern Ireland) 2008

S.R. 2008/426 · Made 22 October 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Health And Personal Social Services

Made 22nd October 2008

Coming into operation 24th November 2008

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(1)(b) and 3A of Schedule 3 to, the Health and Personal Social Services (Northern Ireland) Order 1991f2.

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

Annotations to the whole text

Footnotes

f1

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), S.I. 1997/1177 (N.I. 7) and 2001 c.3 (N.I.)

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the relevant establishment orders
  3. 3Amendment of the Northern Ireland Ambulance Service Health and Social Services Trust (Establishment) Order (Northern Ireland) 1995
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Health and Social Services Trusts (Establishment) (Amendment) Order (Northern Ireland) 2008 and shall come into operation on 24 November 2008.

(2)

In this Order—

  • “relevant establishment orders” means—

    • the Belfast Health and Social Services Trust (Establishment) Order (Northern Ireland) 2006f1

    • the South Eastern Health and Social Services Trust (Establishment) Order (Northern Ireland) 2006f2

    • the Southern Health and Social Services Trust (Establishment) Order (Northern Ireland) 2006f3

    • the Northern Health and Social Services Trust (Establishment) Order (Northern Ireland) 2006f4

    • the Western Health and Social Services Trust (Establishment) Order (Northern Ireland) 2006f5

2Amendment of the relevant establishment orders

(1)

Each of the relevant establishment orders shall be amended in accordance with paragraphs (2), (3) and (4).

(2)

For paragraph (2) of Article 3 (Nature and functions of the trust) substitute the following:–

“(2)

The trust’s functions shall be—

(a)

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

(b)

to exercise on behalf of Health and Social Services Boards, such relevant functions as are so exercisable by the trust by virtue of authorisations for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994f1.”

(3)

For Part I of the Schedule substitute the following:–

“PART 1

Statutory ProvisionRelevant Function
(1)

1968 c.34 (N.I.)

(2)

S.I. 1972/1265 (N.I. 14)

(3)

1978 c.53

(4)

S.I. 1986/595 (N.I. 4)

(5)

S.I. 1987/2203 (N.I. 22)

(6)

1989 c.10

(7)

S.I. 1995/755 (N.I. 2)

(8)

2002 c.6 (N.I.)
the Children and Young Persons Act (Northern Ireland) 1968f2All relevant functions
the Health and Personal Social Services (Northern Ireland) Order 1972f3All relevant functions
the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978f4All relevant functions
the Mental Health (Northern Ireland) Order 1986f5All relevant functions
the Adoption (Northern Ireland) Order 1987f6All relevant functions
the Disabled Persons (Northern Ireland) Act 1989f7All relevant functions
the Children (Northern Ireland) Order 1995f8All relevant functions
the Carers and Direct Payments Act (Northern Ireland) 2002f9All relevant functions

”

(4)

For Part II of the Schedule substitute the following:–

“PART II

Statutory ProvisionRelevant Function
the Health and Personal Social Services (Northern Ireland) Order 1972Articles 14A, 15, 36, 38(3) and (4), 99, 101, 101A and paragraphs 8 and 9 of Schedule 6
the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978Section 2(c), (d) and (f)
the Mental Health (Northern Ireland) Order 1987Articles 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
the Adoption (Northern Ireland) Order 1987Articles 11(1), 13(3)(a), 24, 31 and 32
the Children (Northern Ireland) Order 1995Articles 21, 23, 26, 27, 32, 54, 66 and Schedule 3

”

3Amendment of the Northern Ireland Ambulance Service Health and Social Services Trust (Establishment) Order (Northern Ireland) 1995

In the Northern Ireland Ambulance Service Health and Social Services Trust (Establishment) Order (Northern Ireland) 1995 for paragraph (2) of Article 3 (Nature and functions of the trust) substitute the following:–

“(2)

The trust’s functions shall be to provide goods and services for the purposes of the health and personal social services and, in particular, to provide and manage—

(a)

ambulance and associated services; and

(b)

such other services as can reasonably be carried out in conjunction with the provision and management of ambulance and associated services.”

Signature

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 22nd October 2008.

L.S.

Linda Devlin

A senior officer of the

Department of Health, Social Services and Public Safety

Explanatory note

(This note is not part of the Regulations)

This Order amends orders made under Article 10(1) of The Health and Personal Social Services (Northern Ireland) Order 1991 establishing named Health and Social Services Trusts. Article 2 of the Order removes references to the establishments from which the relevant trusts carry out their functions and amends the Schedule. Article 3 removes the references to the Ambulance Control Centres from which the Northern Ireland Ambulance Service Health and Social Services Trust manages ambulance, patients’ transport and communications services.