The Health and Social Care Trusts (Establishment) (Amendment) Order (Northern Ireland) 2022
Made: 11th March 2022
Coming into operation: 1st April 2022
In accordance with Article 10(2) of that Order the Department has consulted with the Patient and Client Council and such other persons and bodies as it considered appropriate.
Citation, commencement and interpretation
1
- (1) This Order may be cited as the Health and Social Care Trusts (Establishment) (Amendment) Order (Northern Ireland) 2022 and shall come into operation on 1st April 2022.
- (2) In this Order—
- ”relevant establishment orders” means— the Belfast Health and Social Services Trust (Establishment) Order (Northern Ireland 2006[^f00002]; the Northern Health and Social Services Trust (Establishment) Order (Northern Ireland 2006[^f00003]; the South Eastern Health and Social Services Trust (Establishment) Order (Northern Ireland 2006[^f00004]; the Southern Health and Social Services Trust (Establishment) Order (Northern Ireland 2006[^f00005]; the Western Health and Social Services Trust (Establishment) Order (Northern Ireland 2006[^f00006];
Amendment of the relevant establishment orders
2
- (1) Each of the relevant establishment orders shall be amended in accordance with paragraphs (2) to (4).
- (2) In paragraph (2) of Article 1 (Citation, commencement and interpretation)—
- (a) omit the definition of “relevant functions”; and
- (b) at the appropriate place in alphabetical order insert the following definition—
- “social care and children functions” has the meaning assigned to it by Article 10A of the Order”.
- (3) For paragraph (2)(b) of Article 3 (Nature and functions of the trust), substitute—
(b) to exercise social care and children’s functions [within the meaning of Article 10A of the Order].
- (4) For the Schedule (Operational area), substitute—
SCHEDULE
| Statutory Provision | Social care and children functions |
|---|---|
| Children and Young Persons Act (Northern Ireland) 1968[^f00007] | All social care and children functions |
| Health and Personal Social Services (Northern Ireland) Order 1972[^f00008] | All social care and children functions |
| Chronically Sick and Disabled Persons (Northern Ireland) Act 1978[^f00009] | All social care and children functions |
| Mental Health (Northern Ireland) Order 1986[^f00010] | All social care and children functions |
| Adoption (Northern Ireland) Order 1987[^f00011] | All social care and children functions |
| Disabled Persons (Northern Ireland) Act 1989[^f00012] | All social care and children functions |
| Children (Northern Ireland) Order 1995[^f00013] | All social care and children functions |
| the Criminal Justice (Northern Ireland) Order 1996[^f00014] | All social care and children functions |
| Carers and Direct Payments Act (Northern Ireland) 2002[^f00015] | All social care and children functions |
| the Criminal Justice (Northern Ireland) Order 2008[^f00016] | All social care and children functions |
| The Mental Capacity Act (Northern Ireland) 2016 [^f00017] | All social care and children functions |
| Statutory Provision | Social care and children functions |
| --- | --- |
| Health and Personal Social Services (Northern Ireland) Order 1972 | Articles 15, 36, 38(3) and (4), 99, 101, 101A and paragraphs 8 and 9 of Schedule 6 |
| Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 | Section 2(c), (d) and (f) |
| Mental Health (Northern Ireland) Order 1986 | Articles 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 |
| Adoption (Northern Ireland) Order 1987 | Articles 11(1), 13(3)(a), 24, 31 and 32 |
| Children (Northern Ireland) Order 1995 | Articles 21, 23, 26, 27, 32, 54, 66 and Schedule 3 |
| Statutory Provision | Social care and children functions |
| --- | --- |
| Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 | All social care and children functions under section 12(1) |
| Mental Health (Northern Ireland) Order 1986 | All social care and children functions except those under Articles 18 to 26, 28(5)(a), 29(2), 44(1)(b) and 46(5) |
Signed
Sealed with the Official Seal of the Department of Health on 11th March 2022.
Martina Moore — A senior officer of the Department of Health
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order amends orders made under Article 10(1) of, and paragraphs 3 (1) (b) and 3A of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991 establishing Health and Social Care Trusts.
Article 2 of the order removes the definition of “relevant functions” from the relevant establishment orders and updates the functions of the Trusts and the Department of Health’s power, by direction, to provide for specified functions to be undertaken by trust on behalf of the Department.
Footnotes
[^f00001]: S.I. 1991/194 (N.I.1). Article 10 and Schedule 3 were amended by S.I. 1994/429 (N.I. 2), 2001 c. 3 (N.I.) and 2022 c. 3 (N.I.).
[^f00002]: S.R. 2006 No. 292 as amended by S.R. 2007 No. 269 & S.R. 2008 No. 426
[^f00003]: S.R. 2006 No. 295 as amended by S.R. 2007 No. 269 & S.R. 2008 No. 426
[^f00004]: S.R. 2006 No. 293 as amended by S.R. 2007 No. 269 & S.R. 2008 No. 426
[^f00005]: S.R. 2006 No. 294 as amended by S.R. 2007 No. 269 & S.R. 2008 No. 426
[^f00006]: S.R. 2006 No. 296 as amended by S.R. 2007 No. 269 & S.R. 2008 No. 426
[^f00007]: 1968 c. 34 (N.I.)
[^f00008]: S.I. 1972/1265 (N.I. 14)
[^f00009]: 1978 c. 53
[^f00010]: S.I. 1986/595 (N.I. 4)
[^f00011]: S.I. 1987/2203 (N.I. 22)
[^f00012]: 1989 c. 10
[^f00013]: S.I. 1995/755 (N.I. 2)
[^f00014]: S.I. 1996/3160 (N.I. 24)
[^f00015]: 2002 c. 6 (N.I.)
[^f00016]: S.I. 2008/1216 (N.I. 1)
[^f00017]: 2016 c.18
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