Health and Personal Social Services (Northern Ireland) Order 1972
1972/1265 · Made 14 August 1972 · Extends to Northern Ireland
[14th August 1972]
Annotations to the whole text
Modifications
- C1
Order excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 3(3) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)
- C2
Order modified (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 4(1)(a) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)
- C3
Order modified (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 4(2)(a) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)
- C4
Order excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 1(4) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)
- C5
Order modified (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 4(3)(a) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)
- C6
Order excluded (6.4.2016) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 2(6) (with Sch. 1 paras. 8, 14); S.I. 2016/464, art. 2(c)
Contents
- IINTRODUCTORY
- 1Title and commencement
- 2Interpretation
- IIMAIN FUNCTIONS OF THE MINISTRY
- 4General duty of Ministry Repealed
- 5Provision of accommodation and medical services, etc.
- 6Provision of general health care
- 7Prevention of illness, care and after-care
- 8Care of mothers and young children
- 9Medical and dental inspection, etc., of school children and young persons
- 10Ancillary services
- 11Vaccination and immunisation
- 12Family planning
- 13Educational and research facilities
- 14Health education
- 14AArrangements for provision of health care by other bodies or persons
- 14BReimbursement of the cost of health care services secured in another EEA state where expenditure was incurred on or after 10th May 2012 but before 27th December 2013 Repealed
- 14CPrior authorisation for the purposes of Article 14B(3)(b) or (c) Repealed
- 14DReimbursement of the cost of health services secured in another EEA state where expenditure occurred on or after 27th December 2013 Repealed
- 14EPrior authorisation for the purposes of Article 14D(5)(c) and (7) Repealed
- 15General social welfare
- Provision of primary medical services or personal dental services
- 15BPrimary medical services or personal dental services
- 15CPersons with whom agreements may be made
- 15DPrimary medical services or personal dental services: regulations
- 15FRight to choose dental practitioner
- IIIHEALTH AND SOCIAL SERVICES BOARDS, ETC.
- 16Establishment of Health and Social Services Boards Repealed
- 17Functions of Health and Social Services Boards Repealed
- 18Schemes
- 19Joint committees Repealed
- 21University Liaison Committees
- Part IV: CENTRAL BODIES
- Chapter
- Chapter: Advisory committees
- 24Central advisory committees
- 25Other advisory committees
- Chapter: The Agency
- 26Northern Ireland Central Services Agency for the Health and Social Services Repealed
- 27Functions of the Agency Repealed
- Chapter
- Part V: OTHER FUNCTIONS OF THE MINISTRY
- Chapter
- 30Provision of vehicles for persons suffering from physical defect or disability
- 31Accommodation and services for private patients
- 33Hospital accommodation made available on part payment
- 34Cleanliness of school children
- 36Provision of accommodation in premises maintained by voluntary organisations, etc.
- 37Removal to suitable premises of persons in need of care and attention
- 38Protection for property of certain persons
- 39Burial or cremation of the dead
- 41Availability or provision of services, otherwise than for purposes of the Order
- 42Provision of services to persons not ordinarily resident in Northern Ireland
- 43Powers of Ministry to conduct or assist research
- 44Provisions relating to training
- 45Travelling expenses of patients, etc.
- 46Provision of residential accommodation for officers
- 47Loans to certain officers
- 48Acquisition and disposal of land
- 49Power to enter on lands
- 50Power of inspection
- 51Powers of Ministry where services are inadequate
- 52Powers of Ministry in emergency
- 53Default powers of Ministry
- Part VI: GENERAL HEALTH SERVICES
- Chapter: Local representative committees
- 55Recognition of Local Dental Committees, Local Optical Committees and Local Pharmaceutical Committees
- 55AFunctions of Local Dental Committees, Local Optical Committees and Local Pharmaceutical Committees
- 55BLocal Medical Committees
- Chapter: Primary medical services
- 56Primary medical services
- Chapter: General medical services contracts
- 57General medical services contracts: introductory
- 57ARequirement to provide certain primary medical services
- 57BPersons eligible to enter into general medical services contracts
- 57CGeneral medical services contracts: payments
- 57DGeneral medical services contracts: prescription of drugs, etc.
- 57EGeneral medical services contracts: other required terms
- 57FGeneral medical services contracts: disputes and enforcement
- Persons performing primary medical services
- 57GPersons performing primary medical services
- 57HAssistance and support
- 59Loans to general medical practitioners
- 60Prohibition of sale of, and compensation for loss of right to sell, medical practices
- Chapter: General Dental Services, General Ophthalmic Services and Pharmaceutical Services
- 61Arrangements for general dental services
- Chapter: Ophthalmic services
- 62Arrangements for general ophthalmic services
- 62APersons providing general ophthalmic services Repealed
- Chapter: Pharmaceutical services
- 63Arrangements for pharmaceutical services
- 63AAPersons providing pharmaceutical
- 63AAdditional pharmaceutical services
- 63BTerms and conditions etc. Repealed
- 64Persons authorised to provide pharmaceutical services
- Chapter: Supplementary provisions
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 64CIndemnity cover
- 65Disqualification of persons providing certain services
- 66Former dispensary property, etc.
- Part VII: CO-OPERATION WITH GOVERNMENT DEPARTMENTS, PUBLIC BODIES AND VOUNTARY ORGANISATIONS, ETC.
- 67Co-operation between Health and Social Services Boards, district councils, etc.
- 68Supply of goods and services to certain persons and bodies
- 69Supply of goods and services between Health and Social Services Boards and district councils
- 70Assistance to bodies providing certain housing accommodation, etc.
- 71Arrangements with and assistance to voluntary organisations
- Part
- IXDISSOLUTION OF CERTAIN BODIES, ETC.
- 75Transfer of assets and liabilities Repealed
- 76Supplementary and transitional provisions Repealed
- Part X: ENDOWMENTS AND OTHER TRUST PROPERTY, ETC.
- 79Transfer of endowments, etc., held by management committees Repealed
- 80Transfer of property held on trust by Northern Ireland Hospitals Authority Repealed
- 81Transfer of certain property held by health and welfare authorities
- 82Transfer of other property held on trust by health and welfare authorities Repealed
- 83Power of trustees to make payments to Health and Social Services Boards
- 84Power of Ministry in cases of difficulty Repealed
- 85Power for certain health bodies to accept property on trust, etc
- 86Certain property of voluntary organisations
- Part XI: FINANCIAL PROVISIONS
- 87Expenses of the special agencies
- 88Regulation of financial arrangements of certain bodies
- 89Remuneration of members of bodies and certain other persons
- 90Accounts and audit: health and social care bodies
- 91Accounts of endowments and other property held on trust
- 92BStudies for improving economy, etc. in services
- 93Northern Ireland share of expenses of certain United Kingdom Councils, etc.
- 94Expenses of the Ministry
- Part XII: MISCELLANEOUS AND GENERAL
- Miscellaneous
- 95Exercise, in certain cases, of right of choice of person by whom services are to be provided
- 96Preservation of associations of denominational hospitals
- 97Protection for officer acting in execution of duty
- 98Services free of charge
- 99Charges in respect of accommodation provided by HSC trust under Article 15
- 100Liability to maintain spouse or civil partner and children
- 101Recovery of cost of accommodation for persons in need
- 101ARecovery of cost of accommodation where persons have disposed of assets
- 103Failure to maintain
- Part
- Administrative and Supplemental
- 105Arbitration
- 106Miscellaneous administrative matters
- 107Orders, regulations and directions
- 108Amendment and repeal of local Acts and charters
- 109Amendments, savings and repeals
- Schedule 1
- Part I: THE CONSTITUTION OF THE HEALTH AND SOCIAL SERVICES BOARDS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part II: SUPPLEMENTARY PROVISIONS AS TO THE HEALTH AND SOCIAL SERVICES BOARDS
- Chapter: Acquisition, etc., of land
- 7Paragraph 7
- Chapter: Committees
- 8Paragraph 8
- Chapter: Sub-committees
- 9Paragraph 9
- Chapter: Procedure
- 10Paragraph 10
- Chapter: Disclosure of pecuniary, etc., interests and related provisions
- 11Paragraph 11
- Chapter: Officers
- 12Paragraph 12
- Chapter: The seal Execution of contracts and instruments not under seal
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Schedule Schedule
- Schedule 3
- Part I: THE CONSTITUTION OF THE AGENCY
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part II: SUPPLEMENTARY PROVISIONS AS TO THE AGENCY
- Chapter: Acquisition, etc., of land
- 6Paragraph 6
- Chapter: Committees
- 7Paragraph 7
- Chapter: Sub-committees
- 8Paragraph 8
- Chapter: Procedure
- 9Paragraph 9
- Chapter: Disclosure of pecuniary, etc., interests and related provisions
- 10Paragraph 10
- Chapter: Officers
- 11Paragraph 11
- Chapter: The seal
- 12Paragraph 12
- Chapter: Execution of contracts and instruments not under seal
- 13Paragraph 13
- Schedule Schedule
- Schedule Schedule
- Schedule 6: REMOVAL TO SUITABLE PREMISES OF PERSONS IN NEED OF CARE AND ATTENTION
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 7: MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 48
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Schedule Schedule
- Schedule 9: PROVISION FOR MAKING LOANS TO GENERAL MEDICAL PRACTITIONERS
- 1Paragraph 1
- 1AParagraph 1A
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4 Repealed
- 5Paragraph 5
- Schedule 10: PROHIBITION OF SALE OF MEDICAL PRACTICES
- Part: Sale of medical practices
- Chapter
- 1Paragraph 1
- Chapter: Prohibition, and certificate of Health and Social Services Board
- 2Paragraph 2
- Chapter: Certain transactions deemed sale of goodwill
- 3Paragraph 3
- Chapter: Carried-over goodwill
- 4Paragraph 4
- Schedule 11: DISQUALIFICATION OF PERSONS PROVIDING PART VI SERVICES
- Part I: THE TRIBUNAL
- Chapter: The Tribunal: general provisions
- 1Paragraph 1
- Chapter: The Tribunal: supplementary
- 2Paragraph 2
- Chapter: Powers of the Tribunal
- 3Paragraph 3
- Chapter: Conditional disqualification
- 4Paragraph 4
- Chapter: Review etc. of disqualification
- 5Paragraph 5
- Chapter: Appeals
- 6Paragraph 6
- Chapter: Disqualification provisions in Scotland or England and Wales
- 7Paragraph 7
- Chapter: Regulations
- 8Paragraph 8
- Chapter: Applications for interim suspension
- 9Paragraph 9
- Chapter: Suspension pending appeal
- 10Paragraph 10
- Chapter: Paragraphs 9 and 10: procedure
- 11Paragraph 11
- Chapter: Suspension provisions in Scotland or England and Wales
- 12Paragraph 12
- Chapter: Payments in consequence of suspension
- 13Paragraph 13
- Chapter: Removal of persons from list
- 14Paragraph 14
- Part II: CONSTITUTION OF THE TRIBUNAL
- Chapter: Membership
- 15Paragraph 15
- Chapter: Chairman and deputy chairman
- 16Paragraph 16
- Chapter: Other members of the Tribunal
- 17Paragraph 17
- Chapter: Functions of the Tribunal
- 18Paragraph 18
- Chapter: Regulations
- 19Paragraph 19
- Schedule 12: FORMER DISPENSARY PROPERTY, ETC.
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 13
- 1Paragraph 1
- 2Paragraph 2
- Schedule 14: ENDOWMENTS OF CERTAIN HOSPITALS
- 1Paragraph 1
- 2Paragraph 2
- Schedule 15: CHARGES IN RESPECT OF CERTAIN SERVICES, AND OTHER RELATED MATTERS
- Part
- 1Paragraph 1
- 1AParagraph 1A
- Paragraph Repealed
- 1BParagraph 1B
- 2Paragraph 2
- 2AParagraph 2A
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 9Paragraph 9
- 10Paragraph 10
- Schedule 15A: DENTAL CHARGING: EXEMPTIONS Not yet in force
- General exemptions Not yet in force
- 1Paragraph 1 Not yet in force
- Repair and replacement Not yet in force
- 2Paragraph 2 Not yet in force
- Exceptions to paragraphs 1 and 2 Not yet in force
- 3Paragraph 3 Not yet in force
- Hospital patients Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- Arrest of bleeding Not yet in force
- 6Paragraph 6 Not yet in force
- Declarations and evidence Not yet in force
- 7Paragraph 7 Not yet in force
- Schedule Schedule
- Schedule 17: SAVING, TEMPORARY AND TRANSITIONAL PROVISIONS
- Part
- Chapter: Exempted hospitals
- 1Paragraph 1
- Chapter: Recovery of certain loans
- 2Paragraph 2
- Chapter: Saving for allowances, pensions, gratuities and compensation
- 3Paragraph 3
- Chapter: Special provisions as to certain property
- 4Paragraph 4
- Chapter: Temporary provision as to compensation
- 5Paragraph 5
- Paragraph
- Chapter: Saving for powers of Ministry of Development to dispose of former workhouse property
- 7Paragraph 7
- Chapter: Care of patients under Part III of Mental Health Act
- 8Paragraph 8
- Paragraph
- Chapter: Saving for sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954
- 10Paragraph 10
- Schedule Schedule