The Health and Personal Social Services (1991 Order) (Commencement No. 1) Order (Northern Ireland) 1991

Made: 28th March 1991

The Department of Health and Social Services, in exercise of the powers conferred on it by Article 1(2) and (4) of the Health and Personal Social Services (Northern Ireland) Order 1991[^f00001], paragraph 2(1) of Schedule 1 to the Northern Ireland Act 1974[^f00002] and of all other powers enabling it in that behalf, hereby makes the following order:

Citation and interpretation

1

• (1) This order may be cited as the Health and Personal Social Services (1991 Order) (Commencement No. 1) Order (Northern Ireland) 1991.

• (2) In this order “the Order” means the Health and Personal Social Services (Northern Ireland) Order 1991, and any reference to a numbered Article or Schedule is to the Article of, or as the case may be, the Schedule to, the Order bearing that number.

Appointed days

2

The day appointed for the coming into operation of—

• (a) the provisions of—

• (i) Article 8 (health and social services contracts) and Article 9 (primary and other functions of Health and Social Services Boards and special agencies) only insofar as they relate to arrangements with any of the bodies or persons mentioned in Article 8(2)(g) to (j) for the provision of goods or services to or by any of the bodies or persons mentioned in Article 8(2)(a) to (e), and

• (ii) Part II of Schedule 5 and Article 34 only insofar as they relate to the insertion of definitions of “Health and Social Services Board” and “health and social services contract” in Article 2(2) of the principal Order,

is 1st April 1991;

• (b) the provisions of the Order specified in Part I of the Schedule, is 15th April 1991;

• (c) the provisions of the Order specified in Part II of the Schedule, is 1st May 1991;

• (d) Article 29(1)(c) and (2) (general medical services), is 1st January 1992;

• (e) the provisions of the Order specified in Part III of the Schedule, is 1st April 1992.

Saving provision

3

A Committee, which is recognised under Article 55(1)[^f00003] of the principal Order (local representative committees) by the Department before 1st May 1991 (the date upon which Article 5 of the Order comes into operation), shall on or after that date be treated for the purposes of Article 55(1) as having been recognised by the Health and Social Services Board or, as the case may be, Health and Social Services Boards.

SCHEDULE

Part I — Provisions of the Order relating to HSS trusts coming into operation on 15th April 1991

Part II — Provisions of the Order coming into operation on 1st May 1991

Part III — Provisions of the Order coming into operation on 1st April 1992

Signed

Sealed with the Official Seal of the Department of Health and Social Services on

B. R. D. WHITE — Assistant Secretary — 28th March 1991.

Explanatory note

(This note is not part of the Order)

This order provides for the coming into operation of provisions of the Health and Personal Social Services (Northern Ireland) Order 1991 (“the 1991 Order”) on the following dates—

1st April 1991 for the provisions in—

• Articles 8 and 9 only insofar as they relate to arrangements for the provision of goods or services between the Northern Ireland and Great Britain bodies or persons mentioned in Article 8(2),

• Part II of Schedule 5 relating to the definitions of “Health and Social Services Board” and “health and social services contract”;

15th April 1991 for the provisions in—

• Articles 10 to 16 and Schedules 3 and 4, together with the associated amendments and repeals in Schedules 5 and 6, relating to HSS trusts;

1st May 1991 for the provisions in—

• Article 5 relating to the recognition of local representative committees,

• Article 23 relating to the ability of health and social services bodies to engage in fund-raising activities,

• Article 24 relating to the meeting of losses and liabilities of health and social services bodies,

• Article 31 which relates to the widening of the definition of pharmaceutical services;

1st January 1992 for the provisions in—

• Article 29(1)(c) and (2) which relates to the number of doctors entering general medical practice;

1st April 1992 for the provisions in—

• Article 7 and Schedule 2 relating to the removal of Crown immunity,

• Articles 8 and 9 which relate to HSS contracts and the primary functions of Boards and special agencies, to the extent that they are not already in operation before that date,

• Article 21 which relates to indicative prescribing amounts,

• Article 22 which relates to the keeping and auditing of accounts, various provisions in Schedule 6 (repeals).

The order also contains a saving provision in connection with the coming into operation of Article 5 of the 1991 Order relating to the recognition of local representative committees.

Footnotes

[^f00001]: S.I. 1991/194 (N.I. 1)

[^f00002]: 1974 c. 28

[^f00003]: Article 55(1) was substituted by Article 5 of the Health and Personal Social Services (Northern Ireland) Order 1991.

[^f00004]: 1962 c. 19 (N.I.)

[^f00005]: 1968 c. 34 (N.I.)

[^f00006]: 1969 c. 25 (N.I.)

[^f00007]: 1971 c. 32 (N.I.)

[^f00008]: S.I. 1972/1265 (N.I. 14)

[^f00009]: 1975 c. 25

[^f00010]: S.I. 1976/2147 (N.I. 28)

[^f00011]: S.I. 1981/154 (N.I. 1)

[^f00012]: S.I. 1982/1084 (N.I. 16)

[^f00013]: S.I. 1986/594 (N.I. 3)

[^f00014]: S.I. 1986/595 (N.I. 4)

[^f00015]: S.I. 1986/1888 (N.I. 18)

[^f00016]: S.I. 1987/1832 (N.I. 18)

[^f00017]: 1989 c. 10

[^f00018]: 1989 c. 44

[^f00019]: S.I. 1978/1907 (N.I. 26)

[^f00020]: S.I. 1990/247 (N.I. 3)

[^f00021]: S.I. 1991/194 (N.I. 1)

[^f00022]: S.I. 1976/1043 (N.I. 16)

[^f00023]: S.I. 1984/1821 (N.I. 11)

[^f00024]: S.I. 1986/2023 (N.I. 20)