Office of Public Sector Information
(5) The Patient and Client Council shall—
(a) undertake research and conduct investigations into the best methods and practices for consulting the public about, and involving them in, matters relating to health and social care; and
(b) provide advice regarding those methods and practices to bodies to which this section applies.
(6) The Patient and Client Council must publish any report under subsection (2)(b) in such manner as the Department may direct.
(7) In this section “the public” includes individuals, a group or community of people and a section of the public, however selected.
(8) This section and sections 18 and 19 apply to—
(a) the Department;
(b) the Regional Board;
(c) the Regional Agency;
(d) HSC trusts; and
(e) special agencies.
(9) For the purposes of this section and sections 18 to 20 a body is responsible for health and social care—
(a) if the body provides or will provide that care to individuals; or
(b) if another person provides, or will provide, that care to individuals—
(i) at that body’s direction;
(ii) on its behalf; or
(iii) in accordance with an agreement or arrangements made by that body with that other person;
and references to the provision of care include references to the provision of care jointly with another person.
18.—(1) A body to which this section applies must co-operate with the Patient and Client Council in the exercise by the Council of its functions.
(2) In particular, such a body must—
(a) consult the Patient and Client Council with respect to such matters, and on such occasions, as the body considers appropriate, having regard to the functions of the Council;
(b) furnish to the Council, subject to such conditions as the body may specify, such information as the Council considers necessary to enable it properly to exercise its functions; and
(c) have regard to advice provided by the Council under section 17(5)(b).
(3) Regulations may make provision authorising members of the Patient and Client Council to enter, for the purposes of any of the Council’s functions, premises of a kind described in subsection (4).
(4) Those premises are—
(a) any premises controlled by a body to which this section applies or by a person providing primary medical services or general dental, pharmaceutical or ophthalmic services under Part 2 or 6 of the Order of 1972; and
(b) premises of such other description as may be prescribed.
(5) Any power of entry conferred by regulations under subsection (3) is exercisable only so far as is necessary for the purpose of enabling the Patient and Client Council to exercise its functions, and is subject to such conditions as may be prescribed.
(6) A body to which this section applies shall have due regard to any views expressed by the Patient and Client Council regarding health and social care for which that body is responsible.
19.—(1) Each body to which this section applies must take such steps as it considers appropriate—
(a) to promulgate information about the health and social care for which it is responsible;
(b) to obtain information about—
(i) the needs of persons to whom that care is being or may be provided; and
(ii) the efficacy of that care;
(c) to encourage and assist persons to whom that care is being or may be provided—
(i) to avail of that care in an appropriate manner, having regard to the need to use resources in the most economic, efficient and effective way; and
(ii) to maintain and improve their own health and social well-being.
(2) In particular, each body to which this section applies must, before the end of the period of 9 months beginning with the day appointed for the coming into operation of this section, or, if later, the establishment of the body concerned—
(a) prepare a consultation scheme in accordance with section 20; and
(b) in the case of a health and social care body, submit the scheme to the Department.
(3) The Department may direct any health and social care body to which this section applies to submit a revised scheme to it.
(4) The Department may, after consulting the Patient and Client Council, approve a consultation scheme submitted to it under this section with or without amendments.
20.—(1) A consultation scheme must make it clear how the body to which the scheme is to apply will make arrangements with a view to securing, as respects health and social care for which it is responsible, that the following are (directly or through representatives) involved in and consulted on the matters mentioned in subsection (2), namely—
(a) the Patient and Client Council;
(b) persons to whom that care is being or may be provided; and
(c) the carers of such persons (that is to say the individuals who provide a substantial amount of care on a regular basis for such persons but who are not employed to do so by a health and social care body).
(2) Those matters are—
(a) the planning of the provision of that care;
(b) the development and consideration of proposals for changes in the way that care is provided; and
(c) decisions to be made by that body affecting the provision of that care.
(3) The consultation scheme must provide for the body to which it is to apply—
(a) to have due regard to any comments submitted to it in response to the consultation; and
(b) to prepare a written statement which—
(i) summarises the comments received; and
(ii) sets out the body’s response to those comments.
(4) The consultation scheme must provide that the body to which it is to apply shall take such steps as in its opinion will give adequate publicity to the statement.
21. It is the duty of an HSC trust to exercise its functions with the aim of improving the health and social well-being of, and reducing health inequalities between, those for whom it provides, or may provide, health and social care.
22.—(1) A body to which this section applies may form, or participate in forming, companies to provide facilities or services for—
(a) HSC trusts; or
(b) any other persons or bodies exercising functions, or otherwise providing services, under any statutory provision relating to the promotion or provision of health and social care.
(2) A body to which this section applies may, with a view to securing or facilitating the provision by companies of facilities or services for persons or bodies falling within subsection (1)(a) or (b)—
(a) invest in the companies (whether by acquiring assets, securities or rights or otherwise), or
(b) provide loans and guarantees and make other kinds of financial provision to or in respect of them,
or both.
(3) For the purposes of subsections (1) and (2) it is immaterial that the facilities or services provided or to be provided by the companies in question are not provided or to be provided—
(a) only to persons or bodies falling within subsection (1)(a) or (b); or
(b) to persons or bodies falling within subsection (1)(b) only in their capacities as persons or bodies such as are mentioned in that provision.
(4) This section applies to—
(a) the Department; and
(b) a health and social care body, other than RQIA or the Patient and Client Council.
(5) In this section—
“companies” means companies within the meaning of the Companies Act 2006 (c. 46);
“facilities” includes the provision of (or of the use of) premises, goods, materials, vehicles, plant or apparatus.
(6) This section does not affect any powers of any body to which this section applies that are exercisable apart from this section.
23.—(1) The power conferred by subsection (2) is exercisable in connection with the dissolution of the bodies mentioned in section 1(1).
(2) The Department shall make one or more schemes for the transfer of designated assets and liabilities of a dissolved body to—
(a) a health and social care body; or
(b) the Department.
(3) The power conferred by subsection (4) is exercisable in connection with—
(a) any change in the administrative structures for health and social care effected by or under this Act; or
(b) the efficient management of any assets or liabilities used for the purposes of health and social care.
(4) The Department may at any time make one or more schemes for the transfer—
(a) of designated assets or liabilities of the Department to a health and social care body;
(b) of designated assets or liabilities of a health and social care body to—
(i) the Department; or
(ii) any other health and social care body.
(5) On the transfer date the designated assets or liabilities are transferred and vest in accordance with the scheme.
(6) Schedule 5 has effect and in that Schedule—
(a) Part 1 contains provisions about schemes; and
(b) Part 2 contains provisions about the final accounts and reports of certain dissolved bodies.
(7) In this section and Schedule 5—
“designated”, in relation to a scheme, means specified in or determined in accordance with the scheme;
“dissolved body” means a body dissolved by section 1(1);
“scheme” means a scheme under this section;
“the transfer date”, in relation to a scheme, means the date specified by the scheme as the date on which it is to have effect.
24.—(1) The functions exercisable immediately before the date on which section 1(1)(a) comes into operation by Health and Social Services Boards under any statutory provision or by virtue of a direction of the Department shall insofar as they consist of, or relate to—
(a) health improvement functions (within the meaning of section 13), or
(b) health protection functions (within the meaning of that section),
be exercisable as from that date by the Regional Agency.
(2) The other functions exercisable immediately before that date by Health and Social Services Boards under any statutory provision or by virtue of a direction of the Department shall as from that date be exercisable by the Regional Board in accordance with section 8.
(3) Subsections (1) and (2)—
(a) apply only to provisions or directions which have continuing effect; and
(b) are subject to any order under subsection (4).
(4) The Department may by order provide that subsections (1) and (2) are not to apply to any specified function.
(5) An order under subsection (4) may—
(a) provide for a specified function to be exercised by the Department or by a health and social care body; or
(b) provide that a specified function is to cease to be exercised.
(6) Where an order under subsection (4) provides for a specified function to be exercised by a health and social care body, the order may provide for that body to exercise that function on the Department’s behalf.
(7) In this section “specified function” means any function of a Health and Social Services Board specified in an order made under subsection (4).
25.—(1) The functions exercisable immediately before the date on which section 1(1)(b) comes into operation by the Mental Health Commission under any statutory provision shall be exercisable as from that date by RQIA.
(2) Subsection (1) only applies to provisions which have continuing effect.
26.—(1) The functions exercisable immediately before the date on which section 1(1)(c) comes into operation by the Central Services Agency under any statutory provision or by virtue of any direction of the Department shall be exercisable as from that date by RBSO.
(2) Subsection (1)—
(a) applies only to provisions or directions which have continuing effect; and
(b) is subject to any order under subsection (3).
(3) The Department may by order provide that subsection (1) is not to apply to any specified function.
(4) An order under subsection (3) may—
(a) provide for a specified function to be exercised by the Department or by a health and social care body; or
(b) provide that a specified function is to cease to be exercised.
(5) Where an order under subsection (3) provides for a specified function to be exercised by a health and social care body, the order may provide for that body to exercise that function on the Department’s behalf.
(6) In this section “specified function” means any function of the Central Services Agency specified in an order made under subsection (3).
27.—(1) This section applies for the purposes of a transfer of functions effected by section 24, 25 or 26; and in this section, in its application for the purposes of such a transfer—
“the transferor” means the body from which functions are transferred;
“the transferee” means the body to which functions are transferred;
“the transfer date” means the date on which functions are transferred.
(2) In relation to any time after the transfer date, any reference in any statutory provision or document to a Health and Social Services Board (whether general or particular) shall—
(a) in relation to any function transferred by section 24(1), be construed as a reference to the Regional Agency;
(b) in relation to any function transferred by section 24(2), be construed as a reference to the Regional Board;
and any reference which delimits functions of a Board by reference to its area shall, in relation to that time, be disregarded.
(3) In relation to any time after the transfer date, any reference in any statutory provision or document to the Mental Health Commission shall, in relation to any function transferred by section 25(1), be construed as a reference to RQIA.
(4) In relation to any time after the transfer date, any reference in any statutory provision or document to the Central Services Agency shall, in relation to any function transferred by section 26(1), be construed as a reference to RBSO.
(5) Subsections (2) to (4) apply unless contrary provision is made by or under this Act or the context otherwise requires.
(6) A transfer of functions to which this section applies does not affect the validity of anything done by, or in relation to, the transferor before the transfer date.
(7) Anything which before the transfer date was done by or in relation to the transferor in relation to any transferred function shall, if in effect immediately before that date, continue to have effect to the same extent and subject to the same provisions as if it had been done by, or in relation to, the transferee.
(8) Anything (including any legal proceedings) in the process of being done by or in relation to the transferor immediately before the transfer date may, so far as it relates to any transferred function, be continued by or in relation to the transferee.
28.—(1) The Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 (NI 3) is amended as follows.
(2) In the Schedule, after paragraph 8 (execution of contracts and instruments not under seal) insert the following paragraph—
8A.—(1) The Department may by order dissolve a special agency.
(2) An order under this paragraph may be made—
(a) on the application of the special agency concerned; or
(b) if the Department considers it appropriate in the interests of health and social care.
(3) Except where it appears to the Department necessary to make an order under this paragraph as a matter of urgency, no such order shall be made until after the completion of such consultation as may be prescribed.
(4) An order under this paragraph may provide for the transfer to—
(a) the Department, or
(b) such other HSC body as the order may specify,
of such of the assets and liabilities of the special agency which is dissolved as the Department considers appropriate.
(5) The Department must exercise its powers under sub-paragraph (4) so as to ensure that all the liabilities of the special agency are transferred.
(6) An order under this paragraph may make provision in connection with the transfer of staff employed by or for the purposes of the special agency which is dissolved including provision for the making of a scheme by the special agency or such other body as may be specified in the order.
(7) An order under this paragraph—
(a) may include such incidental, supplemental or transitional provision as the Department considers appropriate; and
(b) shall be subject to negative resolution.
(8) Without prejudice to the generality of sub-paragraphs (4) to (7), if a special agency is dissolved under this paragraph, the Department, or such other HSC body as the Department may direct, shall undertake the responsibility for the continued payment of any such pension, allowances or gratuities as, by virtue of regulations made under paragraph 6, would otherwise have been the responsibility of the special agency which has been dissolved.
(9) A special agency may not be dissolved or wound up except in accordance with this paragraph.”.
29.—(1) No order shall be made under section 13(5), 15(6) or 30(1) unless a draft of the order has been laid before, and approved by resolution of, the Assembly.
(2) Regulations under this Act and orders under section 24(4) or 26(3) are subject to negative resolution.
(3) Any guidance issued or directions given by the Department or the Regional Board under this Act—
(a) shall be in writing; and
(b) may be varied or revoked by subsequent guidance or directions so issued or given.
(4) Regulations and orders under this Act may contain such incidental, supplementary, transitional and savings provisions as appear to the Department to be necessary or expedient.
30.—(1) The Department may by order make such supplementary, incidental or consequential provision as it thinks necessary or expedient—
(a) for the general purposes, or any particular purpose, of this Act; or
(b) in consequence of any provision made by or under this Act, or for giving full effect to this Act or any such provision.
(2) An order under subsection (1) may apply (with or without modifications), amend or repeal any statutory provision passed or made before the passing of this Act.
(3) The Department may by order make such transitional or transitory provisions and savings as it considers appropriate in connection with—
(a) the coming into operation of any provision of this Act; or
(b) any provision made by an order under subsection (1).
(4) The powers conferred by this section are not restricted by any other power conferred by this Act.
31.—(1) In this Act—
“the Central Services Agency” means the Northern Ireland Central Services Agency for the Health and Social Services established under Article 26 of the Order of 1972;
“the Department” means the Department of Health, Social Services and Public Safety;
“the framework document” has the meaning given in section 5;
“the health and social care bodies” has the meaning given in section 1(5);
“Health and Social Services Board” means a body established under Article 16 of the Order of 1972;
“health care” has the meaning given in section 2(5);
“health inequalities” has the meaning given in section 2(5);
“HSC trust” means a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (NI 1);
“the Mental Health Commission” means the Mental Health Commission for Northern Ireland established under Part 6 of the Mental Health (Northern Ireland) Order 1986 (NI 4);
“the Order of 1972” means the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14);
“prescribed” means prescribed by regulations;
“the Regional Agency” means the Regional Agency for Public Health and Social Well-being established under section 12;
“the Regional Board” means the Regional Health and Social Care Board established under section 7;
“RBSO” means the Regional Business Services Organisation established under section 14;
“RQIA” means the Health and Social Care Regulation and Quality Improvement Authority;
“regulations” means regulations made by the Department;
“social care” has the meaning given in section 2(5);
“special agency” means a special health and social care agency established under Article 3 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 (NI 3);
“statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).
(2) Other expressions used in this Act to which a meaning is given in Article 2(2), (3) or (4) of the Order of 1972 have the same meaning in this Act as in that Order.
32. The statutory provisions mentioned in Schedule 6 have effect subject to the minor and consequential amendments specified there.
33. The statutory provisions mentioned in the first column of Schedule 7 (which include provisions which are spent or no longer of any practical utility) are repealed to the extent specified in the second column of that Schedule.
34.—(1) The following provisions come into operation on Royal Assent—
(a) section 23 and Schedule 5;
(b) section 24(4) to (7);
(c) section 26(3) to (6);
(d) section 28 to 31;
(e) this section; and
(f) section 35.
(2) The following provisions come into operation on Royal Assent insofar as they confer power to make regulations or orders—
(a) section 7(2) and Schedule 1;
(b) section 9;
(c) section 12(2) and Schedule 2;
(d) section 14(2) and Schedule 3;
(e) section 16(2) and Schedule 4;
(f) section 17; and
(g) section 18.
(3) The other provisions of this Act come into operation on such day or days as the Department may by order appoint.
35. This Act may be cited as the Health and Social Care (Reform) Act (Northern Ireland) 2009.
Health and Social Care (Reform) Act (Northern Ireland) 2009