Health and Social Care Act (Northern Ireland) 2022

The Regional Board

Dissolution of the Regional Health and Social Care Board

1

The Regional Health and Social Care Board is dissolved.

Transfer of the Regional Board’s functions

2

Schedule 1 contains—

• (a) amendments providing for the transfer of the Regional Board’s functions; and

• (b) amendments consequential on the transfer of those functions.

Local bodies

Continuation of Local Commissioning Groups

3

• (1) Despite the dissolution of the Regional Board, the Local Commissioning Groups appointed under section 9 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 are to continue in existence as unincorporated bodies.

• (2) Schedule 2 contains provision about the Local Commissioning Groups as so continued, including provision for their dissolution.

Duty to establish bodies for local areas

4

• (1) After section 15A of the Health and Social Care (Reform) Act (Northern Ireland) 2009 insert—

(15B) (1) The Department must by regulations establish one or more bodies under this section. (2) A body established under this section is to be called an “Area Integrated Partnership Board” or such other name as may be prescribed. (3) Each Board is to exercise its functions for such area of Northern Ireland as may be prescribed; and the Department must ensure that there is a Board for each area of Northern Ireland. (4) Each Board is to exercise such functions relating to the following matters as may be prescribed— (a) the identification of the health and social care needs of the people in its area, (b) the planning, delivery and management of health and social care for those people, and (c) the facilitation and encouragement of co-operation between those responsible for planning, delivering or managing health and social care for those people. (5) Each Board must exercise its functions with the aim of— (a) improving the health and social well-being of the people in its area; (b) reducing health inequalities between those people, and between those people and other people in Northern Ireland. (6) The Department may by regulations— (a) provide that Article 18 of the Order of 1972 is to apply to each Board with such modifications (if any) as may be prescribed, and (b) require each Board to exercise its functions in accordance with any scheme having effect under that Article. (7) The Department may by regulations— (a) provide that each Board is established as a body corporate (and that section 19 of the Interpretation Act (Northern Ireland) 1954 applies to each Board with such modifications (if any) as may be prescribed); (b) make provision for the constitution of Boards (including, in particular, their membership, general powers and proceedings); (c) make provision for the payment of remuneration and allowances to members of Boards, and for the defraying of the expenses of Boards; (d) make provision in relation to accounting, reporting and record-keeping by Boards; (e) make such further provision in relation to Boards as the Department considers appropriate. (8) Regulations under this section may apply (with or without modifications), amend or repeal any statutory provision whenever passed or made, including any provision of this Act. (9) In this section— - “Board” means a body established under this section; - a reference to the area of a Board is to the area prescribed for that Board under subsection (3). (15C) (1) The Department may give directions of a general or specific nature to a Board as to the carrying out by the Board of any of its functions. (2) The Department may give guidance to a Board as to the carrying out by the Board of any of its functions. (3) Before giving any directions to a Board under subsection (1) the Department must consult the Board. (4) Where the Department is of the opinion that because of the urgency of the matter it is necessary to give directions under subsection (1) without consulting the Board concerned— (a) subsection (3) does not apply; but (b) the Department must as soon as reasonably practicable give notice to the Board of the grounds on which the Department formed that opinion. (5) Where the Department is of the opinion that (for any reason other than the urgency of the matter) it is not reasonably practicable to comply with subsection (3)— (a) that subsection does not apply; but (b) the Department must as soon as reasonably practicable give notice to the Board concerned of the grounds on which the Department formed that opinion. (6) It is the duty of a Board— (a) to comply with any directions given to it under subsection (1); (b) to have regard to any guidance given to it under subsection (2). (7) In this section “Board” means a body established under section 15B. (8) This section does not affect the Department’s powers to give directions or guidance apart from this section.

.

• (2) In section 29 of that Act—

• (a) after subsection (1) insert—

(1A) No regulations are to be made under section 15B unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

;

• (b) in subsection (2), for “this Act” substitute “any provision of this Act other than section 15B”.

Supplementary

Schemes for transfer of assets and liabilities

5

• (1) The Department must, in connection with the dissolution of the Regional Board, make one or more schemes for the transfer of all the assets and liabilities of the Board.

• (2) A scheme may transfer assets and liabilities to—

• (a) the Department; or

• (b) the Regional Business Services Organisation.

• (3) A scheme must—

• (a) designate the assets or liabilities to be transferred by it (see paragraph 1(1) of Schedule 3 for how assets and liabilities may be designated);

• (b) specify the person to whom each asset or liability is to be transferred;

• (c) specify the date on which the scheme is to have effect (the “transfer date”).

• (4) On the transfer date the designated assets or liabilities are transferred and vest in accordance with the scheme.

• (5) Schedule 3 contains provision about schemes.

Transitional provision

6

• (1) In Schedule 4—

• (a) Part 1 contains provision about the final accounts and reports of the Regional Board;

• (b) Part 2 contains other transitional provision connected with the coming into operation of this Act.

• (2) The Department may by regulations make such further transitional, transitory or saving provision as it considers appropriate in connection with the coming into operation of any provision of this Act, including provision that amends or modifies any statutory provision.

• (3) Regulations under subsection (2) are subject to negative resolution.

Interpretation

7

In this Act—

• “the 1972 Order” means the Health and Personal Social Services (Northern Ireland) Order 1972;

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

• “the 1994 Order” means the Health and Personal Social Services (Northern Ireland) Order 1994;

• “the Department” means the Department of Health;

• “the Regional Board” means the Regional Health and Social Care Board;

• “statutory document” and “statutory provision” have the meaning given by section 1(e) and (f) of the Interpretation Act (Northern Ireland) 1954.

Commencement

8

• (1) The following provisions come into operation on such day or days as the Department may by order appoint—

• (a) section 1;

• (b) section 2 and Schedule 1;

• (c) section 3 and Schedule 2;

• (d) section 6(1)(b) and Part 2 of Schedule 4.

• (2) The other provisions of this Act come into operation on Royal Assent.

Short title

9

This Act may be cited as the Health and Social Care Act (Northern Ireland) 2022.

SCHEDULE 1

Factories Act (Northern Ireland) 1965

1

In section 176(1) of the Factories Act (Northern Ireland) 1965, omit the definition of “Health and Social Services Board”.

Children and Young Persons Act (Northern Ireland) 1968

2

In section 96(1) of the Children and Young Persons Act (Northern Ireland) 1968, omit “Board or”.

Superannuation (Northern Ireland) Order 1972

3

In Schedule 1 to the Superannuation (Northern Ireland) Order 1972, omit the reference to the Regional Health and Social Care Board.

Health and Personal Social Services (Northern Ireland) Order 1972

4

The 1972 Order is amended as follows.

5

In Article 2(2), after the definition of “Article 15B arrangements” insert—

• authorised HSC trust” means an HSC trust that is exercising social care and children functions within the meaning of Article 10A of the Health and Personal Social Services (Northern Ireland) Order 1991;

.

6

• (1) Article 15 is amended as follows.

• (2) Before paragraph (1) insert—

(A1) The functions conferred by this Article are to be exercised as part of the system of social care designed to secure improvement in the social well-being of people in Northern Ireland mentioned in section 2(1)(b) of the 2009 Act.

.

• (3) In paragraph (1), for the words from the beginning to “the Ministry” substitute “An authorised HSC trust”.

• (4) In paragraph (1A), for “the Department” substitute “the trust”.

• (5) In paragraph (1B)—

• (a) for “The Department” substitute “An authorised HSC trust”;

• (b) in sub-paragraphs (a) and (c), and in the text following sub-paragraph (c), for “the Department” substitute “the trust”.

• (6) In paragraph (2), for “the Ministry” substitute “the trust”.

• (7) In paragraph (3)—

• (a) for “the Ministry” (in the first place) substitute “a trust”;

• (b) for “the Ministry” (in the second place) substitute “the trust”.

• (8) In paragraph (4)—

• (a) for “the Ministry” (in the first place) substitute “A trust”;

• (b) for “the Ministry” (in the second place) substitute “the trust”.

• (9) In paragraph (7) (as inserted by section 121(2) of the Immigration and Asylum Act 1999) for “the Department” substitute “an HSC trust”.

7

• (1) Article 15B is amended as follows.

• (2) In paragraph (1)—

• (a) for “A Health and Social Services Board” substitute “The Department”;

• (b) omit “with respect to its area”;

• (c) in sub-paragraphs (a) and (b), for “the Board” substitute “the Department”.

• (3) In paragraph (3), for “the Health and Social Services Board concerned” substitute “the Department”.

• (4) Omit paragraphs (4) and (5).

8

• (1) Article 15C is amended as follows.

• (2) In paragraph (1), for “A Health and Social Services Board” substitute “The Department”.

• (3) In paragraph (2), in the definition of “HSC employee”, for “a Health and Social Services Board” substitute “the RBSO”.

9

• (1) Article 15D is amended as follows.

• (2) In paragraphs (2) and (3), for “Health and Social Services Boards” substitute “the Department”.

• (3) In paragraph (3A), for “directions given” substitute “any scheme made”.

• (4) In paragraph (3B), for “direction” (in each place) substitute “scheme”.

• (5) After paragraph (3B) insert—

(3BA) The Department must publish a scheme under paragraph (3A) in such manner as it thinks appropriate.

.

• (6) In paragraph (3C), for “a Health and Social Services Board” substitute “the Department”.

• (7) In paragraph (3D)—

• (a) in sub-paragraph (a), for “the Department” substitute “a prescribed body”;

• (b) in sub-paragraph (b), for “the Department, or a person appointed by it,” substitute “that body”.

• (8) After paragraph (3D) insert—

(3DA) Regulations making provision as to the matters referred to in paragraph (3D)(a) and (b) may make provision— (a) as to the members of the body, including the terms and conditions of their appointment; (b) for the payment of fees and allowances to members of the body.

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10

Omit Article 17.

11

In Article 18(6), omit sub-paragraphs (a) and (b).

12

In Article 21(1), in sub-paragraphs (a) and (b), for “the Regional Board” substitute “the Department”.

13

• (1) Article 36 is amended as follows.

• (2) In paragraph (2A), for the words from “the ordinary residence” to the end substitute “whether a person is ordinarily resident in the operational area of an authorised HSC trust is to be determined by the trust.”.

• (3) In paragraph (3)—

• (a) for “the Department” (in the first place) substitute “the HSC trust”;

• (b) for “the Department” (in the second place) substitute “the trust”.

• (4) In paragraph (4), for “the Department” substitute “the HSC trust”.

• (5) In paragraph (5)—

• (a) for “the Department” (in the first place) substitute “the HSC trust”;

• (b) for “the Department” (in the second place) substitute “the trust”.

• (6) In paragraph (7)—

• (a) for “the Department” (in the first place) substitute “the HSC trust”;

• (b) for “the Department” (in every other place) substitute “the trust”.

• (7) In paragraph (8)—

• (a) for “The Department” substitute “An HSC trust”;

• (b) for “the Department” (in both places) substitute “the trust”.

14

In Article 37—

• (a) for “The Ministry” substitute “Each authorised HSC trust”;

• (b) after “for persons” insert “within its operational area”.

15

• (1) Article 38 is amended as follows.

• (2) In paragraph (1)—

• (a) for “the Ministry” (in the first place) substitute “the appropriate HSC trust”;

• (b) for “the Ministry” (in the second place) substitute “the trust”.

• (3) After paragraph (1) insert—

(1A) The “appropriate HSC trust” is the HSC trust in whose operational area the person resides.

.

• (4) In paragraph (3)—

• (a) for “the Ministry” (in the first place) substitute “an HSC trust”;

• (b) for “the Ministry” (in the second place) substitute “the trust”.

• (5) In paragraph (4), for “The Ministry” substitute “An HSC trust”.

16

• (1) Article 39 is amended as follows.

• (2) In paragraph (1)—

• (a) for “The Ministry” substitute “An authorised HSC trust”;

• (b) for “the Ministry” substitute “the trust”.

• (3) In paragraph (2), for “The Ministry” substitute “The trust”.

• (4) In paragraphs (3) and (4), for “the Ministry” substitute “the trust”.

17

In Article 51, omit the words from “authorise” to “itself”.

18

In Article 53(1A), omit sub-paragraph (a).

19

• (1) Article 55 is amended as follows.

• (2) In paragraph (2), for “A Health and Social Services Board” substitute “The Department”.

• (3) In paragraph (3), for “a Health and Social Services Board” and “the Health and Social Services Board” substitute “the Department”.

• (4) In paragraphs (4), (5) and (6), for “the Health and Social Services Board” substitute “the Department”.

20

• (1) Article 55A is amended as follows.

• (2) In paragraph (1), for “a Health and Social Services Board” substitute “the Department”.

• (3) In paragraph (2), for “any other power to require a Health and Social Services Board” substitute “any other duty on the Department”.

• (4) In paragraph (5)—

• (a) for “A Health and Social Services Board” substitute “The Department”;

• (b) for “the Board” substitute “the Department”.

• (5) In paragraphs (6) and (7), for “the Health and Social Services Board” substitute “the Department”.

21

• (1) Article 55B is amended as follows.

• (2) In paragraph (1), for “A Health and Social Services Board” substitute “The Department”.

• (3) In paragraph (3)(b), for “the Health and Social Services Board” substitute “the Department”.

• (4) In paragraph (6), for “a Health and Social Services Board” substitute “the Department”.

• (5) In paragraph (9)—

• (a) for “A Health and Social Services Board” substitute “The Department”;

• (b) for “the Board” substitute “the Department”.

22

• (1) Article 56 is amended as follows.

• (2) In paragraph (1)—

• (a) for “Each Health and Social Services Board” substitute “The Department”;

• (b) omit “exercise its powers so as to”.

• (3) In paragraph (2), for “A Health and Social Services Board” substitute “The Department”.

• (4) In paragraph (3), for “Each Health and Social Services Board” substitute “The Department”.

23

• (1) Article 57 is amended as follows.

• (2) In paragraph (1), for “A Health and Social Services Board” substitute “The Department”.

• (3) In paragraphs (3) and (5), for “the Health and Social Services Board” substitute “the Department”.

24

In Article 57B(1), for “A Health and Social Services Board” substitute “The Department”.

25

• (1) Article 57C is amended as follows.

• (2) In paragraph (1), for “give directions as to” substitute “make a scheme providing for”.

• (3) In paragraph (2), for “directions” substitute “any scheme”.

• (4) In paragraph (3)—

• (a) for “directions” substitute “a scheme”;

• (b) for “direction” (in each place) substitute “scheme”;

• (c) in sub-paragraph (b)(i), for “any scheme” substitute “any method of calculation”;

• (d) in sub-paragraph (d), for “a Health and Social Services Board” substitute “the Department”.

• (5) In paragraph (4)—