Health and Social Care Act (Northern Ireland) 2022
The Regional Board
1Dissolution of the Regional Health and Social Care Board
2Transfer of the Regional Board’s functions
Local bodies
3Continuation of Local Commissioning Groups
4Duty to establish bodies for local areas
Supplementary
5Schemes for transfer of assets and liabilities
6Transitional provision
7Interpretation
8Commencement
9Short title
SCHEDULES
SCHEDULE 1Transfer of the Regional Board’s functions
Factories Act (Northern Ireland) 1965
1In section 176(1) of the Factories Act (Northern Ireland) 1965,...
Children and Young Persons Act (Northern Ireland) 1968
2In section 96(1) of the Children and Young Persons Act...
Superannuation (Northern Ireland) Order 1972
3In Schedule 1 to the Superannuation (Northern Ireland) Order 1972,...
Health and Personal Social Services (Northern Ireland) Order 1972
4The 1972 Order is amended as follows.
5In Article 2(2), after the definition of “Article 15B arrangements”...
6(1) Article 15 is amended as follows.
7(1) Article 15B is amended as follows.
8(1) Article 15C is amended as follows.
9(1) Article 15D is amended as follows.
10Omit Article 17.
11In Article 18(6), omit sub-paragraphs (a) and (b).
12In Article 21(1), in sub-paragraphs (a) and (b), for “the...
13(1) Article 36 is amended as follows.
14In Article 37— (a) for “The Ministry” substitute “Each authorised...
15(1) Article 38 is amended as follows.
16(1) Article 39 is amended as follows.
17In Article 51, omit the words from “authorise” to “itself”....
18In Article 53(1A), omit sub-paragraph (a).
19(1) Article 55 is amended as follows.
20(1) Article 55A is amended as follows.
21(1) Article 55B is amended as follows.
22(1) Article 56 is amended as follows.
23(1) Article 57 is amended as follows.
24In Article 57B(1), for “A Health and Social Services Board”...
25(1) Article 57C is amended as follows.
26In Article 57E(4)(a), for “a Health and Social Services Board”...
27(1) Article 57F is amended as follows.
28(1) Article 57G is amended as follows.
29(1) Article 57H is amended as follows.
30For Article 59 substitute— Schedule 9 makes provision for the making of loans by...
31(1) Article 61 is amended as follows.
32(1) Article 62 is amended as follows.
33(1) Article 63 is amended as follows.
34(1) Article 63AA is amended as follows.
35For Articles 63A and 63B substitute— Additional pharmaceutical services (1) The Department may make arrangements for the provision of...
36(1) Article 64 is amended as follows.
37(1) Article 64C is amended as follows.
38Article 79 is omitted.
39Article 80 is omitted.
40(1) Article 81 is omitted so far as it relates...
41Article 82 is omitted.
42(1) Article 83 is amended as follows.
43(1) Article 85 is amended as follows.
44(1) Article 86 is amended as follows.
45In Article 91(6), omit sub-paragraph (a).
46In Article 92B(3), omit sub-paragraph (a).
47(1) Article 99 is amended as follows.
48(1) Article 101 is amended as follows.
49(1) Article 101A is amended as follows.
50(1) Schedule 6 is amended as follows.
51(1) Schedule 9 is amended as follows.
52(1) Schedule 10 is amended as follows.
53(1) Schedule 11 is amended as follows.
54(1) Schedule 14 is omitted so far as it relates...
55(1) Schedule 15 is amended as follows.
Solicitors (Northern Ireland) Order 1976
56In Article 3(2) of the Solicitors (Northern Ireland) Order 1976,...
Pharmacy (Northern Ireland) Order 1976
57In Article 8AA(9) of the Pharmacy (Northern Ireland) Order 1976,...
Chronically Sick and Disabled Persons (Northern Ireland) Act 1978
58The Chronically Sick and Disabled Persons (Northern Ireland) Act 1978...
59(1) Section 1 is amended as follows.
60(1) Section 2 is amended as follows.
61(1) Section 12 is amended as follows.
Health and Safety at Work (Northern Ireland) Order 1978
62In Article 50 of the Health and Safety at Work...
Judgments Enforcement (Northern Ireland) Order 1981
63In Article 54 of the Judgments Enforcement (Northern Ireland) Order...
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981
64Omit Article 10(5A)(a) of the Legal Aid, Advice and Assistance...
Diseases of Animals (Northern Ireland) Order 1981
65In Article 10(5) of the Diseases of Animals (Northern Ireland)...
Dentists Act 1984
66(1) The Dentists Act 1984 is amended as follows.
Mental Health (Northern Ireland) Order 1986
67The Mental Health (Northern Ireland) Order 1986 is amended as...
68(1) Article 2 is amended as follows.
69In Article 8(3), omit “a Board or”.
70In Article 16(3)(f), omit “Board or”.
71In Article 22(1), omit “Board,” (in both places).
72In Article 25, omit “a Board or” (in both places)....
73In Article 26(b), omit “Boards and”.
74(1) Article 28 is amended as follows.
75In Article 33— (a) for “a Board or” substitute “an”;...
76(1) Article 40 is amended as follows.
77(1) Article 42 is amended as follows.
78(1) Article 43 is amended as follows.
79(1) Article 44 is amended as follows.
80(1) Article 45 is amended as follows.
81(1) Article 46 is amended as follows.
82In Article 48(3)(a), for “the Department” substitute “the HSC trust”....
83In Article 50A(4), for “the Department” substitute “the authorised HSC...
84In Article 61(2), omit “Board or”.
85In the heading to Article 73, for “Boards” substitute “responsible...
86(1) Article 86(2) is amended as follows.
87(1) Article 107 is amended as follows.
88In the heading to Part 9, for “AND BOARDS” substitute...
89In Article 111(1)(a), omit “Boards,”.
90(1) Article 112 is amended as follows.
91(1) Article 113 is amended as follows.
92(1) Article 114 is amended as follows.
93(1) Article 115 is amended as follows.
94(1) Article 116 is amended as follows.
95In the heading to Article 117, for “Boards” substitute “responsible...
96(1) Article 118 is amended as follows.
97In Article 121(1), omit “a member of the Board or”....
98(1) Article 129 is amended as follows.
99In Article 133(4), omit “, a Board”.
100(1) In Part 1 of Schedule 2, paragraph 9(a) is...
101(1) Paragraph 3 of Schedule 2A is amended as follows....
Adoption (Northern Ireland) Order 1987
102The Adoption (Northern Ireland) Order 1987 is amended as follows....
103(1) Article 2 is amended as follows.
104(1) Article 3 is amended as follows.
105(1) Article 8 is amended as follows.
106In Article 11(3)(a)(i), for “a Board or” substitute “an”.
107In Article 13(3)(b), omit “Board or”.
108In Article 18(2A), for “a Board or” substitute “an”.
109(1) Article 22 is amended as follows.
110(1) Article 23 is amended as follows.
111In Article 28(2A), for “a Board or” substitute “an”.
112(1) Article 29 is amended as follows.
113(1) Article 32 is amended as follows.
114In Article 33(1) and (3)(b), omit “Board or”.
115(1) Article 34 is amended as follows.
116(1) Article 36 is amended as follows.
117In Article 37(1)(b), for “a Board or” substitute “an”.
118In Article 54(3) and (5), omit “Board or”.
119In Article 70, omit “Board or”.
120In Article 71(1)(b) and (c), for “a Board or” substitute...
Housing (Northern Ireland) Order 1988
121The Housing (Northern Ireland) Order 1988 is amended as follows....
122(1) Article 6A is amended as follows.
123In Article 6B(2), omit paragraph (b) (but not the “or”...
124In Article 6C, omit the definition of “the Regional Board”....
Health and Medicines (Northern Ireland) Order 1988
125In Article 10(4) of the Health and Medicines (Northern Ireland)...
Disabled Persons (Northern Ireland) Act 1989
126The Disabled Persons (Northern Ireland) Act 1989 is amended as...
127In section 4, for “the Board” substitute “the authority”.
128In section 5(9), in the definition of “the appropriate officer”,...
129(1) Section 7 is amended as follows.
130In the heading to section 8, for “Board” substitute “relevant...
131In section 11(1)— (a) omit the definition of “Board”;
Police and Criminal Evidence (Northern Ireland) Order 1989
132In Article 2(2) of the Police and Criminal Evidence (Northern...
Children Act 1989
133In Schedule 2 to the Children Act 1989, in paragraph...
Opticians Act 1989
134In section 27(3)(e) of the Opticians Act 1989, for sub-paragraph...
Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990
135In Article 4(3) of the Health and Personal Social Services...
Health and Personal Social Services (Northern Ireland) Order 1991
136The 1991 Order is amended as follows.
137In Article 2(2), omit the definition of “the Regional Board”....
138In Article 7(6), omit sub-paragraph (a).
139In Article 8— (a) omit paragraph (2)(a);
140In Article 8A(1), for “a Health and Social Services Board”...
141(1) Article 10 is amended as follows.
142After Article 10 insert— Definition of social care and children...
143After Article 10A insert— Certain functions of the Department to...
144(1) Article 21 is amended as follows.
145(1) Article 23 is amended as follows.
146In Article 24(2), omit sub-paragraph (a).
147(1) Article 33 is amended as follows.
148(1) Schedule 3 is amended as follows.
149In Schedule 5, omit the amendment of section 11(1) of...
Food Safety (Northern Ireland) Order 1991
150In Article 8(9) of the Food Safety (Northern Ireland) Order...
Social Security Contributions and Benefits (Northern Ireland) Act 1992
151In Schedule 9 to the Social Security Contributions and Benefits...
Social Security Administration (Northern Ireland) Act 1992
152In section 14 of the Social Security Administration (Northern Ireland)...
Access to Health Records (Northern Ireland) Order 1993
153(1) The Access to Health Records (Northern Ireland) Order 1993...
Health and Personal Social Services (Northern Ireland) Order 1994
154(1) The 1994 Order is amended as follows.
Children (Northern Ireland) Order 1995
155The Children (Northern Ireland) Order 1995 is amended as follows....
156(1) Article 2 is amended as follows.
157For Article 17A(3) substitute— (3) An assessment under this Article...
158For Article 18A(4) substitute— (4) An assessment under this Article...
159Omit Article 46(3)(a).
160In Article 61(2), for the words from “functions exercisable on...
161Omit Article 66(11)(a).
162In Article 121— (a) in paragraph (2)(d), omit “Board or”;...
163In Article 149(5)(a), omit “Board or”.
164In Article 173(1), omit “Board or” (in each place).
165(1) Article 174 is amended as follows.
166(1) In Schedule 2, paragraph 2A is amended as follows....
Trade Union and Labour Relations (Northern Ireland) Order 1995
167In Article 144 of the Trade Union and Labour Relations...
Education (Northern Ireland) Order 1996
168(1) The Education (Northern Ireland) Order 1996 is amended as...
Employment Rights (Northern Ireland) Order 1996
169(1) The Employment Rights (Northern Ireland) Order 1996 is amended...
Criminal Justice (Northern Ireland) Order 1996
170(1) Article 2 of the Criminal Justice (Northern Ireland) Order...
Health Services (Primary Care) (Northern Ireland) Order 1997
171The Health Services (Primary Care) (Northern Ireland) Order 1997 is...
172In Article 1(5), for “A board or” substitute “An”.
173In Article 2(3), omit the definition of “board”.
174(1) Article 3 is amended as follows.
175Omit Article 4.
176In Article 5(2), for “a board” substitute “the Department”.
177Omit Articles 6 and 7.
178For Article 8 substitute— Implementation of pilot schemes (1) Before implementing a pilot scheme the Department must—
179In Article 9(3), omit sub-paragraph (a).
180(1) Article 10 is amended as follows.
181(1) Article 11 is amended as follows.
182Omit Articles 12, 13, 14 and 16.
183(1) Article 18 is amended as follows.
184Omit Articles 27 and 28.
185In Article 31, omit paragraphs (4) and (5).
186Omit Schedule 1.
Freedom of Information Act 2000
187In Schedule 1 to the Freedom of Information Act 2000—...
Criminal Justice and Court Services Act 2000
188(1) Section 36 of the Criminal Justice and Court Services...
Health and Personal Social Services Act (Northern Ireland) 2001
189(1) The Health and Personal Social Services Act (Northern Ireland)...
Carers and Direct Payments Act (Northern Ireland) 2002
190(1) The Carers and Direct Payments Act (Northern Ireland) 2002...
Health and Personal Social Services Act (Northern Ireland) 2002
191Omit section 1(3) of the Health and Personal Social Services...
Justice (Northern Ireland) Act 2002
192In section 46 of the Justice (Northern Ireland) Act 2002—...
Adoption and Children Act 2002
193(1) The Adoption and Children Act 2002 is amended as...
Nationality, Immigration and Asylum Act 2002
194(1) Section 46(7) of the Nationality, Immigration and Asylum Act...
Marriage (Northern Ireland) Order 2003
195(1) The Marriage (Northern Ireland) Order 2003 is amended as...
Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003
196(1) The Protection of Children and Vulnerable Adults (Northern Ireland)...
Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003
197The Health and Personal Social Services (Quality, Improvement and Regulation)...
198In Article 4(1)(b), omit “Health and Social Services Boards,”.
199In Article 21(3), for the words from “the Department” to...
200In Article 34(1)— (a) omit “Each Health and Social Services...
201In Article 35(9), omit “a Health and Social Services Board,”....
202In Article 36(1)— (a) omit “Each Health and Social Services...
203In Article 37(1), omit “Health and Social Services Boards and”....
204In Article 39(1)— (a) for “a Health and Social Services...
205In Article 41— (a) in paragraph (1), for “a Health...
206In the heading to Part 5, omit “BOARDS AND”.
Commissioner for Children and Young People (Northern Ireland) Order 2003
207(1) The Commissioner for Children and Young People (Northern Ireland)...
Domestic Violence, Crime and Victims Act 2004
208In section 9(4)(b) of the Domestic Violence, Crime and Victims...
Civil Partnership Act 2004
209(1) The Civil Partnership Act 2004 is amended as follows....
Emergency Workers (Obstruction) Act 2006
210In the Emergency Workers (Obstruction) Act 2006, in section 1(5)(b),...
Recovery of Health Services Charges (Northern Ireland) Order 2006
211In Article 17(3)(b) of the Recovery of Health Services Charges...
Water and Sewerage Services (Northern Ireland) Order 2006
212(1) Article 118 of the Water and Sewerage Services (Northern...
Corporate Manslaughter and Corporate Homicide Act 2007
213In section 6(7)(d) of the Corporate Manslaughter and Corporate Homicide...
Safeguarding Vulnerable Groups (Northern Ireland) Order 2007
214(1) In Article 2 of the Safeguarding Vulnerable Groups (Northern...
Health (Miscellaneous Provisions) Act (Northern Ireland) 2008
215The Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 is amended...
216(1) Section 2 (which inserts new Article 60A and substitutes...
217(1) Article 60A is amended as follows.
218(1) Article 61 is amended as follows.
219In Article 61B(1), for “A Health and Social Services Board”...
220(1) Article 61C is amended as follows.
221In Article 61D(3), for “a Health and Social Services Board”...
222(1) Article 61E is amended as follows.
223(1) Article 61F is amended as follows.
224In section 3— (a) for “a Health and Social Services...
225In section 6, for “a Health and Social Services Board”...
Criminal Justice (Northern Ireland) Order 2008
226(1) The Criminal Justice (Northern Ireland) Order 2008 is amended...
Sexual Offences (Northern Ireland) Order 2008
227In the Sexual Offences (Northern Ireland) Order 2008, in Article...
Health and Social Care (Reform) Act (Northern Ireland) 2009
228The Health and Social Care (Reform) Act (Northern Ireland) 2009...
229In section 1(5), omit paragraph (a).
230In section 2(3)(h), omit “the Regional Board,”.
231In section 6(1), omit paragraph (a).
232Omit sections 7 and 8 and the italic heading before...
233In section 9, omit subsections (1), (3)(b), (6)(b) and (7)....
234Omit sections 10 and 11.
235In section 13(6)(b)— (a) omit “, the Regional Board and...
236In section 17(8), omit paragraph (b).
237(1) Section 24 is amended as follows.
238In section 27(2), omit paragraph (b).
239In section 29(3), omit “or the Regional Board”.
240In section 31, omit the definition of “the Regional Board”....
241In Schedule 1 omit— (a) paragraphs 1 to 7;
242In Schedule 6 omit— (a) paragraph 3(49) and (50)(b);
Commissioner for Older People Act (Northern Ireland) 2011
243In section 27 of the Commissioner for Older People Act...
Safeguarding Board Act (Northern Ireland) 2011
244(1) The Safeguarding Board Act (Northern Ireland) 2011 is amended...
Health and Social Care (Amendment) Act (Northern Ireland) 2014
245In section 3(1) of the Health and Social Care (Amendment)...
Modern Slavery Act 2015
246In Schedule 3 to the Modern Slavery Act 2015, omit...
Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015
247In section 21 of the Human Trafficking and Exploitation (Criminal...
Children’s Services Co-operation Act (Northern Ireland) 2015
248In section 9 of the Children’s Services Co-operation Act (Northern...
Welfare Reform (Northern Ireland) Order 2015
249In Article 120(8) of the Welfare Reform (Northern Ireland) Order...
Public Services Ombudsman Act (Northern Ireland) 2016
250(1) The Public Services Ombudsman Act (Northern Ireland) 2016 is...
Special Educational Needs and Disability Act (Northern Ireland) 2016
251(1) This paragraph applies if paragraph 168(3)(a) (amendment of Article...
Mental Capacity Act (Northern Ireland) 2016
252(1) The Mental Capacity Act (Northern Ireland) 2016 is amended...
Rural Needs Act (Northern Ireland) 2016
253In the Schedule to the Rural Needs Act (Northern Ireland)...
Justice Act (Northern Ireland) 2016
254In section 44(2) of the Justice Act (Northern Ireland) 2016,...
Health and Personal Social Services (Amendment) Act (Northern Ireland) 2016
255Omit section 6(2) of the Health and Personal Social Services...
Health (Miscellaneous Provisions) Act (Northern Ireland) 2016
256Omit section 13(1) of the Health (Miscellaneous Provisions) Act (Northern...
Coronavirus Act 2020
257In paragraph 4(5) of Schedule 7 to the Coronavirus Act...
SCHEDULE 2Local Commissioning Groups
Statutory provisions to continue to operate in relation to Groups as continued
1(1) The following provisions continue to apply to or in...
2Paragraph 1 does not affect the continued operation of any...
Appointments and terms of office
3(1) Any person who is a member of a Local...
4(1) In the event of any vacancy in the membership...
5Paragraphs 3 and 4 are subject to regulations 3(4) to...
Other provision about the Groups as continued
6The Department may pay to members of a Local Commissioning...
7In the 2009 Act— (a) section 2(3)(h) (duty of Department...
8(1) The Department may give guidance to a Local Commissioning...
9References in the following provisions to a health and social...
Continuity
10(1) Any document made or other thing done by the...
Power of Department to dissolve the continued Groups
11(1) The following provisions cease to have effect on such...
SCHEDULE 3Transfer of assets, etc
Transfer of assets and liabilities
1(1) A scheme may designate the assets or liabilities to...
Transfer of employed staff
2(1) This paragraph applies if rights and liabilities under a...
Continuity
3A transfer by virtue of a scheme does not affect...
4Anything which— (a) before the transfer date was done by...
5Anything (including any legal proceedings) which— (a) relates to anything...
6(1) In any statutory provision or statutory document—
SCHEDULE 4Transitional provision
PART 1Accounts and reports of the Regional Board
1(1) The Department must make arrangements for—
PART 2Other transitional provision
General provision
2(1) In any statutory provision or statutory document, any reference...
Specific provision
3(1) This paragraph applies to any authorisation under Article 3(1)...
4(1) This paragraph applies to any direction that was given...
5(1) This paragraph applies to any scheme that was made...

Health and Social Care Act (Northern Ireland) 2022

2022 Chapter 3

An Act to dissolve the Regional Health and Social Care Board; to make provision for and in connection with the exercise by the Department of Health and Health and Social Care trusts of the functions of the Board; and for connected purposes.

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows: