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

S.R. 2006/293 · Made 22 June 2006 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 24 November 2008.

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. IIPart II
  13. Explanatory note

1Citation, commencement and interpretationI1

(1)

This Order may be cited as the South Eastern 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;

  • “relevant functions” has the meaning assigned to it by Article 3(2) of the Health and Personal Social Services (Northern Ireland) Order 1994f1; and

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

2Establishment of the trustI1

There is established an HSS trust which shall be called the South Eastern 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

(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 1994.

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 Ards, Down, Lisburn and North Down;

(b)

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

5Directors of the trustF1

The trust shall have, in addition to the chairman, 7 non-executive directors and 5 executive directors.

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 June 2006

L.S.

Denis McMahon

A senior officer of the

Department of Health, Social Services and Public Safety

1F1

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) 1968f1All relevant functions
the Health and Personal Social Services (Northern Ireland) Order 1972f2All relevant functions
the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978f3All relevant functions
the Mental Health (Northern Ireland) Order 1986f4All relevant functions
the Adoption (Northern Ireland) Order 1987f5All relevant functions
the Disabled Persons (Northern Ireland) Act 1989f6All relevant functions
the Children (Northern Ireland) Order 1995f7All relevant functions
the Carers and Direct Payments Act (Northern Ireland) 2002f8All relevant functions

IIF1

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

Explanatory note

(This note is not part of the Order)

This Order establishes the South Eastern 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).