Statutory Instrument 1994 No. 429 (N.I. 2)

The Health and Personal Social Services (Northern Ireland) Order 1994

---

© Crown Copyright 1994

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Health and Personal Social Services (Northern Ireland) Order 1994, ISBN 0110434293. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1994 No. 429 (N.I. 2)

NORTHERN IRELAND

The Health and Personal Social Services (Northern Ireland) Order 1994

At the Court of Saint James, the 24th day of February 1994

Present,

The Counsellors of State in Council

Whereas Her Majesty, in pursuance of the Regency Acts 1937 to 1953, was pleased, by Letters Patent dated the 16th day of February 1994, to delegate to the six Counsellors of State therein named or any two or more of them full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify thereat Her Majesty's approval for anything for which Her Majesty's approval in Council is required:

And whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty Queen Elizabeth, The Queen Mother and His Royal Highness The Prince Edward, being authorised thereto by the said Letters Patent, and in pursuance of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974^[1], and all other powers enabling Her Majesty, and by and with the advice of Her Majesty's Privy Council, do on Her Majesty's behalf order, and it is hereby ordered, as follows:—

Title and commencement
    1.—(1)  This Order may be cited as the Health and Personal Social Services (Northern Ireland) Order 1994.

    (2)  Except as provided by paragraph (3), this Order shall come into operation on 1st March 1994.

    (3)  Articles 5 to 7 and Schedules 1 and 2 shall come into operation on 1st April 1994.

Interpretation
    2.—(1)  The Interpretation Act (Northern Ireland) 1954^[2] shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

    (2)  Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972^[3] (interpretation) shall apply for the purposes of this Order as it applies for the purposes of that Order.

Certain functions of Health and Social Services Boards to be exercisable on their behalf by HSS trusts
    3.    —(1)  A Health and Social Services Board may, with the approval of the Department, by instrument in writing under seal provide for such relevant functions of the Board as are specified to be exercisable, in relation to the operational area of a specified HSS trust, by that HSS trust on behalf of the Board.

    (2)  In this Article and Article 4—

"authorisation" means an instrument executed under paragraph (1);


"relevant functions", in relation to a Health and Social Services Board, means functions of the Board under any statutory provision prescribed for the purposes of this Article by regulations made by the Department subject to negative resolution;


"specified" means specified in the authorisation;


"the 1991 Order" means the Health and Personal Social Services (Northern Ireland) Order 1991^[4];

and references in those Articles to functions of a Health and Social Services Board include references to functions exercisable by a Board on behalf of the Department.    (3)  Section 17(2) of the Interpretation Act (Northern Ireland) 1954^[5] applies to an authorisation as if it were a statutory instrument; and references in this Article and Article 4 to an authorisation include references to an amendment or revocation of an authorisation.

    (4)  An authorisation shall come into operation on such date, not being a date earlier than 1st April 1994, as may be specified.

    (5)  An authorisation may contain such transitional provisions as the Health and Social Services Board thinks fit, including in particular provisions—
 (a) for specified acts done by or in relation to the Board or an HSS trust at any time before the authorisation comes into operation to have effect after that time for specified purposes as if done by or in relation to the other of those two bodies;
 (b) for any reference to the Board or an HSS trust in any statutory provision, statutory document (within the meaning of section 1(e) of the Interpretation Act (Northern Ireland) 1954) or order or direction of a court to have effect for specified purposes as a reference to the other of those two bodies;
and any such transitional provisions shall for such purposes have effect in relation to such acts, statutory provisions, statutory documents, orders or directions.

    (6)  Without prejudice to the operation of Article 17 of the Health and Personal Social Services (Northern Ireland) Order 1972^[6], the Department—
 (a) may direct a Health and Social Services Board to execute an authorisation in such terms as the Department may direct;
 (b) shall give directions to a Health and Social Services Board as to the notification and publication by the Board of authorisations.

    (7)  An HSS trust shall, notwithstanding that it is exercising functions on behalf of a Health and Social Services Board by virtue of an authorisation for the time being in operation under this Article, be entitled to enforce any rights acquired and shall be liable in respect of any liabilities incurred (including any liabilities in tort) in the exercise of those functions in all respects as if it were acting as a principal, and all proceedings for the enforcement of such rights or liabilities shall be brought by or against the HSS trust in its own name.

    (8)  In Article 10(1) of the 1991 Order after the words "HSS trusts)," there shall be inserted the words "to do all or any of the following, namely" and at the end there shall be added
"or
(c) to exercise, on behalf of Health and Social Services Boards, such functions as are so exercisable by virtue of authorisations for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994." .



    (9)  In Schedule 3 to the 1991 Order after paragraph 3 there shall be inserted—
    "3A.    An order made in relation to an HSS trust shall, if the trust is to exercise functions on behalf of a Health and Social Services Board by virtue of an authorisation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994, specify the operational area of the trust, that is to say, the area in relation to which those functions are to be exercisable." .



    (10)  References in any other statutory provision to functions of an HSS trust include references to functions exercisable by an HSS trust on behalf of a Health and Social Services Board by virtue of an authorisation.

    (11)  The Department may by regulations make such amendments to any statutory provision (including those mentioned in Schedule 1) as appear to the Department to be necessary or expedient to facilitate, or to be otherwise consequential on, the exercise by HSS trusts of relevant functions of Health and Social Services Boards by virtue of authorisations executed under this Article.

    (12)  Regulations under paragraph (11) which amend only statutory instruments shall be subject to negative resolution and all other regulations under that paragraph shall be subject to affirmative resolution.

Schemes for exercise by HSS trusts of functions on behalf of Health and Social Services Boards
    4.—(1)  An HSS trust shall submit to a Health and Social Services Board a scheme for the exercise by the trust on behalf of the Board of relevant functions which are, or are proposed to become, so exercisable by the trust by virtue of an authorisation.

    (2)  A Health and Social Services Board may approve a scheme submitted to it by an HSS trust under paragraph (1), either without modifications or with such modifications as may be agreed with the trust.

    (3)  A Health and Social Services Board shall submit a scheme approved by it under paragraph (2) to the Department.

    (4)  The Department may approve a scheme submitted to it under paragraph (3), either without modifications or with such modifications as may be agreed with the Health and Social Services Board and the HSS trust concerned.

    (5)  An HSS trust shall give effect to any scheme approved by the Department under paragraph (4).

    (6)  An HSS trust may at any time, and shall if so requested by a Health and Social Services Board on whose behalf any relevant functions are exercisable by the trust by virtue of an authorisation, submit a new scheme under this Article to the Board and paragraphs (2) to (5) shall apply to any such new scheme as they apply to a scheme submitted under paragraph (1).

Audit
    5.    For Article 92 of the Health and Personal Social Services (Northern Ireland) Order 1972^[7] there shall be substituted the following Articles—

"Power of Department to give directions as to audit of accounts
    92.    The Department may give directions generally with respect to the audit of accounts under Article 90(2)(a) or (5)(a) or Article 91(1)(a).


Powers and duties of auditor in auditing accounts
    92A.—(1)  This Article applies to an auditor appointed by the Department in auditing accounts required to be audited under Article 90(2)(a) or (5)(a) or Article 91(1)(a).

    (2)  The auditor shall by examination of the accounts and otherwise satisfy himself—
(a) that the accounts are in the form directed by the Department and comply with all requirements imposed by or under any statutory provision;

(b) that proper practices have been observed in the compilation of the accounts; and

(c) that the body whose accounts are being audited has made proper arrangements for securing economy, efficiency and effectiveness in its use of resources.


    (3)  The auditor shall comply with any directions under Article 92.

    (4)  The auditor shall consider whether, in the public interest, he should make a report on any matter coming to his notice in the course of the audit in order that it may be considered by the body whose accounts are being audited and brought to the attention of the Department, and shall consider whether the public interest requires any such matter to be made the subject of an immediate report rather than of a report to be made at the conclusion of the audit.

    (5)  If the auditor has reason to believe that the body whose accounts are being audited, or any officer of that body—
(a) is about to make, or has made, a decision which involves or would involve the incurring of expenditure which is unlawful; or

(b) is about to take, or has taken, a course of action which, if pursued to its conclusion, would be unlawful and likely to cause a loss or deficiency,

he shall refer the matter forthwith to the Department.

    (6)  The auditor shall be entitled—
(a) to require access at all reasonable times to all such documents relating to the body whose accounts are being audited as appear to him necessary for the purposes of the audit;

(b) to require from any person holding or accountable for any such document such information and explanation as he thinks necessary for the purposes of the audit;

(c) without prejudice to sub-paragraph (b), to require any officer or member of a body whose accounts are being audited to give him such information or explanation as he thinks necessary for the purposes of the audit;

(d) to require any such person as is mentioned in sub-paragraph (b) or (c) to attend before him in person to give any such information or explanation as is so mentioned.


    (7)  In the case of a recognised fund-holding practice the references in paragraph (6) to documents include references to documents relating to all the accounts and records of the members of the practice, whether or not relating to the allotted sum; and in this paragraph "allotted sum" and "recognised fund-holding practice" have the same meaning as in Article 18 of the 1991 Order.

    (8)  Without prejudice to paragraph (6), a body whose accounts are being audited shall provide the auditor with every facility and all information which he may reasonably require for the purposes of the audit.

    (9)  Any person who without reasonable excuse fails to comply with any requirement of the auditor under paragraph (6) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale and if the failure continues after the conviction he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 3 on the standard scale for each day on which the failure continues.



Studies for improving economy, etc. in services
    92B.—(1)  The Department may appoint auditors to undertake comparative or other studies to promote economy, efficiency and effectiveness in the provision of services by a body to which this Article applies.

    (2)  The Department shall—
(a) consult with the Comptroller and Auditor General for Northern Ireland on the nature and scope of studies to be undertaken under this Article; and

(b) on request, furnish to the Comptroller and Auditor General for Northern Ireland all material relevant to any studies undertaken under this Article.


    (3)  This Article applies to—
(a) Health and Social Services Boards;

(b) the Agency;

(c) special agencies;

(d) HSS trusts;

(e) fund-holding practices; and

(f) the trustees for an HSS trust appointed in pursuance of Article 16 of the 1991 Order.


    (4)  Paragraphs (5) to (8) apply to an auditor appointed by the Department in undertaking any studies under this Article.

    (5)  The auditor shall be entitled—
(a) to require access at all reasonable times to all such documents relating to a body to which this Article applies as appear to him necessary for the purposes of the studies;

(b) to require from any person holding or accountable for any such document such information and explanation as he thinks necessary for the purposes of the studies;

(c) without prejudice to sub-paragraph (b), to require any officer or member of a body to which this Article applies to give him such information or explanation as he thinks necessary for the purposes of the studies;

(d) to require any such person as is mentioned in sub-paragraph (b) or (c) to attend before him in person to give any such information or explanation as is so mentioned.


    (6)  In the case of a recognised fund-holding practice the references in paragraph (5) to documents include references to documents relating to all the accounts and records of the members of the practice, whether or not relating to the allotted sum; and in this paragraph "allotted sum" and "recognised fund-holding practice" have the same meaning as in Article 18 of the 1991 Order.

    (7)  Without prejudice to paragraph (5), a body to which this Article applies shall provide the auditor with every facility and all information which he may reasonably require for the purposes of the studies.

    (8)  Any person who without reasonable excuse fails to comply with any requirement of the auditor under paragraph (5) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale and if the failure continues after the conviction he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 3 on the standard scale for each day on which the failure continues." .

Qualifications for registration as pharmaceutical chemist
    6.—(1)  The Pharmacy (Northern Ireland) Order 1976^[8] shall have effect subject to the following provisions of this Article.

    (2)  In Article 5(1) after sub-paragraph (b) there shall be inserted—
"(bb) the conditions as to character, physical and mental health and other matters to be satisfied by persons desirous of being registered as pharmaceutical chemists under this Order;" .



    (3)  In Article 8(2) at the beginning there shall be inserted the words "Subject to paragraph (2A),".

    (4)  In Article 8 after paragraph (2) there shall be inserted—
"  (2A)  A person shall not be entitled to be registered under this Order as a pharmaceutical chemist by virtue of paragraph (2)(b) or (c) unless he satisfies such conditions (if any) as to character, physical or mental health or other matters as may be prescribed." .

Amendments and repeals
    7.—(1)  The statutory provisions set out in Schedule 1 shall have effect subject to the amendments specified in that Schedule.

    (2)  Article 17(1A) of the Health and Personal Social Services (Northern Ireland) Order 1972^[9] (which has ceased to be of any practical utility) shall cease to have effect.

    (3)  The statutory provisions set out in Schedule 2 are hereby repealed to the extent specified in column 3 of that Schedule.

N. H. Nichols

Clerk of the Privy Council

[1] 1974 c. 28 back

[2] 1954 c. 33 (N.I.) back

[3] 1972 NI 14 back

[4] 1991 NI 1 back

[5] 1954 c. 33 (N.I.) back

[6] 1972 NI 14 back

[7] 1972 NI 14 back

[8] 1976 NI 22 back

[9] 1972 NI 14 back

Explanatory Note