"authority", except in Article 42(1), and "authority foster parent" have the same meanings as in the Children Order;

"Care Tribunal" means the tribunal established under Article 44;

"child" means a person under the age of 18;

"the Children Order" means the Children (Northern Ireland) Order 1995 (NI 2);

"day care setting" means, subject to paragraph (8), a place where persons in need of prescribed services may attend for the purposes of assessment, rehabilitation or counselling but where they are not provided with board or accommodation;

"the Department" means the Department of Health, Social Services and Public Safety;

"domiciliary care agency" means, subject to paragraph (8), an undertaking which consists of or includes arranging the provision of prescribed services in their own homes for persons who by reason of illness, infirmity, disability or family circumstances are unable to provide any such service for themselves without assistance;

"employment agency" and "employment business" have the same meanings as in Part II of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (NI 20); but no business which is an employment business shall be taken to be an employment agency;

"fostering agency" means, subject to paragraph (8), - 

(a) an undertaking (other than an authority) which consists of or includes discharging functions on behalf of an authority in connection with the placing of children with foster parents; or

(b) a voluntary organisation which places children with foster parents under Article 75(1) of the Children Order;

"homeless persons" shall be construed in accordance with Part II of the Housing (Northern Ireland) Order 1988 (NI 23);

"hospital" means, subject to paragraph (8), - 

(a) an establishment - 


(i) the main purpose of which is to provide medical or psychiatric treatment for illness or mental disorder or palliative care; or

(ii) in which (whether or not other services are also provided) any of the listed services are provided;



(b) any other establishment in which treatment or nursing (or both) is provided for persons liable to be detained under the Mental Health (Northern Ireland) Order 1986 (NI 4);

"illness" includes any injury;

"independent clinic" means, subject to paragraph (8), an establishment of a prescribed kind (not being a hospital) in which services are provided by medical practitioners (whether or not any services are also provided for the purposes of the establishment elsewhere), but an establishment in which, or for the purposes of which, services are provided by medical practitioners in pursuance of the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14) is not an independent clinic;

"independent hospital" means, subject to paragraph (8), a hospital which is not vested in the Department or managed by an HSS trust;

"independent medical agency" means, subject to paragraph (8), an undertaking (not being an independent clinic) which consists of or includes the provision of services by medical practitioners, but if any of the services are provided for the purposes of an independent clinic, or by medical practitioners in pursuance of the Health and Personal Social Services (Northern Ireland) Order 1972, it is not an independent medical agency;

"medical" includes surgical;

"mental disorder" has the same meaning as in the Mental Health (Northern Ireland) Order 1986 (NI 4);

"nursing agency" means, subject to paragraph (8), an employment agency or employment business, being (in either case) a business which consists of or includes supplying, or providing services for the purpose of supplying, registered nurses, registered midwives or registered health visitors;

"nursing home" has the meaning given by Article 11;

"parent", in relation to a child, includes any person who is not a parent of his but who has parental responsibility for him;

"parental responsibility" has the same meaning as in the Children Order;

"personal care" has the meaning given by Article 10(3);

"prescribed" means prescribed by regulations;

"the Regulation and Improvement Authority" means the Northern Ireland Health and Personal Social Services Regulation and Improvement Authority;

"regulations" means regulations made by the Department;

"relative" has the same meaning as in the Children Order;

"residential care home" shall be construed in accordance with Article 10;

"residential family centre" means, subject to paragraph (8), any establishment at which - 

(a) accommodation is provided for children and their parents;

(b) the parents' capacity to respond to the children's needs and to safeguard their welfare is monitored or assessed; and

(c) the parents are given such advice, guidance or counselling as is considered necessary,

and in this definition "parent", in relation to a child, includes any person who is looking after the child;

"school" has the meaning assigned to it by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (NI 3);

"service provider" means a person who provides - 

(a) services in accordance with agreements under Article 15C of the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14); or

(b) Part VI services (within the meaning of that Order);

"treatment" includes diagnosis;

"undertaking" includes any business or profession and - 

(a) in relation to any public body, includes the exercise of any functions of that body; and

(b) in relation to any other body of persons, whether corporate or unincorporated, includes any of the activities of that body;

"voluntary adoption agency" means a voluntary organisation which is an adoption society within the meaning of the Adoption (Northern Ireland) Order 1987 (NI 22);

"voluntary organisation" has the same meaning as in the Adoption (Northern Ireland) Order 1987 (NI 22).

    (3) Other expressions used in the Health and Personal Social Services (Northern Ireland) Order 1972 and this Order have the same meaning in this Order as in that Order unless specifically defined elsewhere in this Order.

    (4) References in this Order to a person liable to be detained under the Mental Health (Northern Ireland) Order 1986 (NI 4) do not include a person absent in pursuance of leave granted under Article 15 of that Order.

    (5) For the purposes of this Order, the person who carries on - 

(a) a fostering agency falling within paragraph (b) of the definition of "fostering agency" in paragraph (2), or

(b) a voluntary adoption agency,

is the voluntary organisation itself.

    (6) References in this Order to a person who carries on an establishment or agency include references to a person who carries it on otherwise than for profit.

    (7) In the definition of "hospital" in paragraph (2) "listed services" means, subject to paragraph (9), - 

(a) a medical treatment under anaesthesia or sedation;

(b) dental treatment under anaesthesia or sedation;

(c) obstetric services and, in connection with childbirth, medical services;

(d) cosmetic surgery;

(e) use of prescribed techniques or prescribed technology.

    (8) Regulations may except any description of establishment or undertaking from the following definitions in paragraph (2) - 

(a) "day care setting";

(b) "domiciliary care agency";

(c) "fostering agency";

(d) "hospital";

(e) "independent clinic";

(f) "independent hospital";

(g) "independent medical agency";

(h) "nursing agency", and

(i) "residential family centre".

    (9) Regulations may modify the definition of "listed services" in paragraph (7).

(a) persons registered under Part III; and

(b) Health and Social Services Boards, HSS trusts and special agencies.

    (2) The Regulation and Improvement Authority shall have the general duties of - 

(a) keeping the Department informed about the provision of services and in particular about their availability and their quality; and

(b) encouraging improvement in the quality of services.

(a) a children's home;

(b) a day care setting;

(c) an independent clinic;

(d) an independent hospital;

(e) a nursing home;

(f) a residential care home;

(g) a residential family centre; or

(h) such other establishment as may be specified by order under paragraph (3),

and a reference to any establishment is a reference to an establishment of any of those descriptions.

    (2) Any reference to a description of agency in the following provisions of this Order is a reference to - 

(a) a domiciliary care agency;

(b) a fostering agency;

(c) an independent medical agency;

(d) a nursing agency; or

(e) a voluntary adoption agency; or

(f) such other agency as may be specified by order under paragraph (3),

(a) to cancel the registration (otherwise than in accordance with an application under Article 16(1)(b));

(b) to vary or remove (otherwise than in accordance with an application under Article 16(1)(a)) any condition for the time being in force in relation to the registration; or

(c) to impose any additional condition in relation to the registration.

(a) applies any name to premises; or

(b) in any way describes such premises or holds such premises out,

(a) require any person to whom this Article applies to give notice of his appointment to the Regulation and Improvement Authority;

(b) require any person to whom this Article applies to appoint a person to manage the establishment or agency in question.

    (2) This Article applies to any person appointed as - 

(a) a receiver or manager of the property of a relevant company;

(b) the liquidator or provisional liquidator of a relevant company; or

(c) the trustee in bankruptcy of a relevant individual.

    (3) In this Article - 

"company" includes a partnership;

"relevant company" means a company which is registered under this Part in respect of an establishment or agency; and

"relevant individual" means an individual who is registered under this Part in respect of an establishment or agency.

(a) the health and personal social services which it provides to individuals; and

(b) the environment in which it provides them.

(a) prescribed information about prescribed matters relating to the Board's or trust's Part V functions; and

(b) any other information which the Regulation and Improvement Authority reasonably requires the Board or trust to give it relating to those functions.

    (2) In this Article and Article 37 "Part V functions" means - 

(a) functions as an adoption agency within the meaning of the Adoption (Northern Ireland) Order 1987 (NI 22);

(b) functions relating to children placed with authority foster parents under Article 27(2)(a) of the Children Order;

(c) functions under Part XI of the Children Order (child minding and day care for young children).

(a) in the making of any decision by the Regulation and Improvement Authority under Part III;

(b) in any proceedings for the making of an order under Article 21;

(c) in any proceedings on an appeal against such a decision or order; and

(d) in any proceedings for an offence under regulations under Part III.

(a) co-operating with other public authorities in the United Kingdom;

(b) acquiring and disposing of land and other property; and

(c) entering into contracts.

General duty

     3. The Regulation and Improvement Authority shall carry out its functions effectively, efficiently and economically.

(a) the appointment of the chairman and other members (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment);

(b) the tenure of office of the chairman and other members (including the circumstances in which they cease to hold office or may be removed or suspended from office);

(c) the appointment of, constitution of and exercise of functions by committees and sub-committees (including committees and sub-committees which consist of or include persons who are not members of the Regulation and Improvement Authority); and

(d) the procedure of the Regulation and Improvement Authority and any committees or sub-committees (including the validation of proceedings in the event of vacancies or defects in appointment).

Remuneration and allowances

     6.  - (1) The Regulation and Improvement Authority may pay to its chairman, to any other member of the Authority and to any member of a committee or sub-committee who is not a member of the Authority, such remuneration and allowances as the Department may determine.

    (2) If the Department so determines, the Regulation and Improvement Authority shall make provision for the payment of such pension, allowance or gratuities as the Department may determine to or in respect of a person who is or has been the chairman or any other member of the Authority.

    (3) If the Department determines that there are special circumstances that make it right for a person ceasing to hold office as chairman of the Regulation and Improvement Authority to receive compensation, the Authority shall pay to him such compensation as the Department may determine.

    (4) Any determination of the Department under this paragraph shall be subject to the approval of the Department of Finance and Personnel.

(a) the appointment of staff under this paragraph and paragraph 7(3) (including any conditions to be fulfilled for appointment); and

(b) the terms and conditions of appointment of staff under the provisions mentioned in head (a).

    (4) Different directions may be given under sub-paragraph (3) in relation to different categories of staff.

(a) members of staff of the Regulation and Improvement Authority are placed at the disposal of a prescribed person for the purpose of discharging, or assisting in the discharge of, prescribed functions of that person; or

(b) members of staff of a prescribed person are placed at the disposal of the Regulation and Improvement Authority for the purpose of discharging, or assisting in the discharge of, any functions of the Authority.

Payments to the Regulation and Improvement Authority

     11. The Department may make payments to the Regulation and Improvement Authority of such amounts, at such times and on such conditions (if any) as it considers appropriate.

(a) keep proper accounts and proper records in relation to the accounts; and

(b) prepare a statement of accounts in respect of each financial year.

    (2) The statement of accounts shall - 

(a) be in such form; and

(b) contain such information,

as the Department may, with the approval of the Department of Finance and Personnel, direct.

    (3) The Regulation and Improvement Authority shall, within such period after the end of each financial year as the Department may direct, send copies of the statement of accounts relating to that year to - 

(a) the Department; and

(b) the Comptroller and Auditor General for Northern Ireland.

    (4) The Comptroller and Auditor General shall - 

(a) examine, certify and report on every statement of accounts sent to him by the Regulation and Improvement Authority under this paragraph; and

(b) send a copy of his report to the Department.

    (5) The Department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General's report before the Assembly.

    (6) In this paragraph "financial year" means - 

(a) the period beginning with the date on which the Regulation and Improvement Authority is established and ending with the next 31st March following that date; and

(b) each successive period of twelve months ending with 31st March.

Application of seal and evidence

     13. The application of the seal of the Regulation and Improvement Authority shall be authenticated by the signature - 

(a) of any member of the Regulation and Improvement Authority; or

(b) of any other person who has been authorised by the Regulation and Improvement Authority (whether generally or specifically) for that purpose.

     14. A document purporting to be duly executed under the seal of the Regulation and Improvement Authority or to be signed on its behalf shall be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

(a) has without reasonable excuse failed to discharge any of its functions; or

(b) in discharging any of its functions, has without reasonable excuse failed to comply with any directions given to it under Article 6(2) in relation to those functions.

    (2) The Department may - 

(a) make an order declaring the Council to be in default; and

(b) direct the Council to discharge such of its functions, and in such manner and within such period or periods, as may be specified in the direction.

    (3) If the Regulation and Improvement Authority fails to comply with the Department's direction under sub-paragraph (2), the Department may - 

(a) discharge the functions to which the direction relates itself; or

(b) make arrangements for any other person to discharge those functions on its behalf.

Transfer of staff to the Regulation and Improvement Authority

     16.  - (1) The Department may by order make a scheme for the transfer to the Regulation and Improvement Authority of any eligible employee.

    (2) The scheme may apply to all eligible employees or to such of them as are specified in the scheme.

    (3) The Department shall not make an order under this paragraph unless such requirements as may be prescribed about consultation have been complied with in relation to each of the employees to be transferred under the scheme.

    (4) The contract of employment of an employee transferred under the scheme - 

(a) is not terminated by the transfer; and

(b) has effect from the date of transfer as if originally made between the employee and the Regulation and Improvement Authority.

    (5) Where an employee is transferred under the scheme - 

(a) all the rights, powers, duties and liabilities of Boards under or in connection with the contract of employment are by virtue of this sub-paragraph transferred to the Regulation and Improvement Authority on the date of transfer; and

(b) anything done before that date by or in relation to Boards in respect of that contract or the employee is to be treated from that date as having been done by or in relation to the Regulation and Improvement Authority.

    (6) Sub-paragraph (5) does not prejudice the generality of sub-paragraph (4).

    (7) This paragraph does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right arises by reason only that, by virtue of this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.

    (8) In this paragraph - 

"date of transfer" means the date of transfer determined under the scheme in relation to the employee;

"eligible employee" means a person who is employed under a contract of employment with a Health and Social Services Board on work which would have continued but for the provisions of this Order.

    (9) An order under this paragraph shall not be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (NI 12).

(a) of land held on lease from a third party, or

(b) of any other asset leased or hired from a third party or in which a third party has an interest,

the transfer shall be binding on the third party notwithstanding that, apart from this sub-paragraph, it would have required his consent or concurrence.

    (6) Any assets and liabilities which are to be transferred to the Regulation and Improvement Authority shall be identified by agreement between the Authority and the Department or, in default of agreement, by direction of the Department.

    (7) Where, for the purpose of a transfer pursuant to an order under this paragraph, it becomes necessary to apportion any assets or liabilities, the order may contain such provisions as appear to the Department to be appropriate for the purpose; and where any such assets fall within sub-paragraph (5), the order shall contain such provisions as appear to the Department to be appropriate to safeguard the interests of third parties, including, where appropriate, provision for the payment of compensation of an amount to be determined in accordance with the order.

    (8) In the case of any transfer made by or pursuant to an order under this paragraph, a certificate issued by the Department that any asset or liability specified in the certificate is vested in the Regulation and Improvement Authority shall be conclusive evidence of that fact for all purposes.

    (9) An order under this paragraph may include provision for matters to be settled by arbitration by a person determined in accordance with the order.

    (10) In this paragraph "third party" means a person other than the Department or a Health and Social Services Board.

    (11) An order under this paragraph shall not be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (NI 12).

(a) a panel of persons ("the chairmen's panel") who may serve as chairmen of the Care Tribunal; and

(b) a panel of persons ("the lay panel") who may serve as the other two members of the Care Tribunal apart from the chairman.

    (2) The Care Tribunal shall consist of - 

(a) a chairman nominated by the First Minister and deputy First Minister acting jointly from the chairmen's panel; and

(b) two other persons nominated by the Department from the lay panel.

Appointment of the panels

     2.  - (1) The members of the chairmen's panel shall be appointed by the First Minister and deputy First Minister acting jointly.

    (2) No person may be appointed a member of the chairmen's panel unless he is a barrister or solicitor of at least ten years' standing.

    (3) The members of the lay panel shall be appointed by the Department.

    (4) No person may be appointed member of the lay panel unless he satisfies such requirements as may be prescribed.

(a) unconditionally; or

(b) subject to such conditions as may be prescribed.

    (2) Any application made before the commencement of Article 13 for registration under Article 4 of the Adoption (Northern Ireland) Order 1987 shall be treated after that commencement as an application made under Article 13(1) to the Regulation and Improvement Authority for registration under Part III.

    (3) The Department may by order subject to negative resolution make such further transitional provision in relation to the repeal by this Order of provisions of the Adoption (Northern Ireland) Order 1987 as it considers appropriate.

" Employment by the Northern Ireland Health and Personal Social Services Regulation and Improvement Authority.".

" The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority.".

(a) in the definition of "nursing home" for the words from "Article 16" to the end substitute "Article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003";

(b) for the definition of "residential care home" substitute - 

" "residential care home" has the meaning assigned to it by Article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;".

" "appropriate voluntary organisation" means a voluntary organisation which is an adoption society in respect of which a person is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;".

In Article 3 (The Adoption Service) - 

(a) in paragraph (1) for "registered adoption societies" substitute "appropriate voluntary organisations";

(b) in paragraph (3) for "a registered adoption society" substitute "an appropriate voluntary organisation".

In Article 5(2) (power of Department to make directions where registration of adoption society is cancelled or expires), for the words from the beginning to "expires" substitute "Where, by virtue of the cancellation of the registration of any person under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003, a body has ceased to be an appropriate voluntary organisation".

In Article 8 (inactive or defunct adoption societies) - 

(a) in paragraph (1) for the words from "registered" to "Article 5," substitute "body which is or has been an appropriate voluntary organisation"; and

(b) for "society" in each place where it occurs substitute "organisation".

In Article 10 (regulation of adoption agencies) after paragraph (1) insert the following paragraph - 

    " (1A) Regulations under paragraph (1) may in particular make, in relation to an appropriate voluntary organisation any provision which regulations under Article 23(2) or (7) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 may make in relation to a fostering agency (within the meaning of that Order).".

In Article 11 (restriction on arranging adoptions and placing children) - 

(a) in paragraph (2) for the words from "registered under Article 4" substitute "an appropriate voluntary organisation";

(b) in paragraph (3)(a) for "which is not an adoption agency" substitute


     " which is not - 


(i) a Board or HSS trust; or

(ii) a voluntary adoption agency within the meaning of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 in respect of which he is registered;".

In Article 23 (enquiries to be made of Board etc.) - 

(a) for "a registered adoption society" substitute "an appropriate voluntary organisation";

(b) for "the society" in both places where it occurs substitute "the organisation".

In Article 33(2)(a)(ii) (meaning of "protected child"), for "children's home or voluntary home" substitute "children's home in respect of which a person is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003".

In Article 54(3)(d)(i) (disclosure of birth records of adopted children), for "registered under Article 4" substitute "being an appropriate voluntary organisation".

" (d) in a residential care home or nursing home within the meaning of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003; or".


The Children (Northern Ireland) Order 1995 (NI 2)

In Article 2(2) (interpretation) - 

(a) after the definition of "Adoption Order" insert the following definition - 

" "appropriate children's home" has the meaning given in Article 27(10);";

(b) after the definition of "care order" insert the following definition - 

" "Care Tribunal" means the tribunal established by Article 44 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;";

(c) in the definition of "children's home" for the words from "given" to the end substitute "assigned to it by Article 9 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003";

(d) in the definition of "nursing home" for the words from "Article 16" to the end substitute "Article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2003";

(e) after the definition of "prescribed" insert the following definition - 

" "private children's home" means a children's home - 
(a) in respect of which a person is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003; and

(b) which is not a home provided under Part VII or a voluntary home;";



(f) after the definition of "registered children's home" insert the following definition - 

" "Regulation and Improvement Authority" means the Northern Ireland Health and Personal Social Services Regulation and Improvement Authority;";

(g) in the definition of "residential care home" for the words from "Article 3" to the end substitute "Article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003";

In Article 27 (accommodation and maintenance for children looked after by an authority) - 

(a) in paragraph (2), for sub-paragraphs (b) to (e) substitute the following sub-paragraph - 


" (aa) maintaining him in an appropriate children's home;";



(b) after paragraph (9) add the following paragraph - 

    " (10) In this Order "appropriate children's home" means a children's home in respect of which a person is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regu