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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 No. 431 URL: https://www.bailii.org/uk/legis/num_reg/2003/20030431.html |
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Made | 27th February 2003 | ||
Coming into operation in accordance with Article 1 |
1. | Title and commencement |
2. | Interpretation |
3. | The Regulation and Improvement Authority |
4. | General duties in relation to provision of services |
5. | Advice and information about services |
6. | Regulations and directions |
7. | Annual report |
8. | Regulated establishments and agencies: general interpretation |
9. | Children's homes |
10. | Residential care homes |
11. | Nursing homes |
12. | Requirement to register |
13. | Applications for registration |
14. | Grant or refusal of registration |
15. | Cancellation of registration |
16. | Applications by registered persons |
17. | Regulations about registration |
18. | Notice of proposals |
19. | Right to make representations |
20. | Notice of decisions |
21. | Urgent procedure for cancellation etc. |
22. | Appeals to the Care Tribunal |
23. | Regulations relating to establishments and agencies |
24. | Failure to comply with conditions |
25. | Contravention of regulations |
26. | False descriptions of establishments and agencies |
27. | False statements in applications |
28. | Failure to display certificate of registration |
29. | Proceedings for offences |
30. | Annual returns |
31. | Liquidators etc. |
32. | Death of registered person |
33. | Provision of copies of register |
34. | Duty of quality |
35. | Role of the Regulation and Improvement Authority |
36. | Provision of information |
37. | Annual returns |
38. | Statements of minimum standards |
39. | Improvement notices |
40. | Power to require information from establishments and agencies and power of entry and inspection |
41. | Power to require information from inspections relating to Boards and HSS trusts, etc. and powers of entry and inspection |
42. | Inspections: provisions supplementary to Articles 40 and 41 |
43. | Restrictions on disclosure of information under Article 40 or 41 |
44. | The Care Tribunal |
45. | Arrangements for provision of accommodation outside Northern Ireland |
46. | Rules regarding courses for persons who are or wish to become social workers |
47. | Arrangements for provision of pharmaceutical services by pharmacists |
48. | Regulations, orders and directions |
49. | Transitional provisions and savings |
50. | Amendments and repeals |
Schedule 1 | The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority |
Schedule 2 | The Care Tribunal |
Schedule 3 | Transitional provisions and savings |
Schedule 4 | Amendments |
Schedule 5 | Repeals |
(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);
and in this definition "parent", in relation to a child, includes any person who is looking after the child;
(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 -
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), -
(8) Regulations may except any description of establishment or undertaking from the following definitions in paragraph (2) -
(9) Regulations may modify the definition of "listed services" in paragraph (7).
(2) The Regulation and Improvement Authority shall have the general duties of -
Advice and information about services
5.
- (1) When asked to do so by the Department, the Regulation and Improvement Authority shall give the Department advice, reports or information on such matters relating to the provision of services or the exercise of its functions as may be specified in the Department's request.
(2) The Regulation and Improvement Authority may at any time give advice to the Department on -
Regulations and directions
6.
- (1) The Department may by regulations make provision -
(2) The Department may give directions to the Regulation and Improvement Authority with respect to the exercise of its functions and the Regulation and Improvement Authority must comply with them.
Annual report
7.
- (1) As soon as possible after the end of each financial year, the Regulation and Improvement Authority shall make a report to the Department -
(2) In paragraph (1) "financial year" has the meaning given by paragraph 12(6) of Schedule 1.
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 -
and a reference to any agency is a reference to an agency of any of those descriptions.
(3) The Department may by order specify establishments for the purposes of paragraph (1) and agencies for the purposes of paragraph (2).
(4) The Department shall not make an order under paragraph (1) or (2) unless a draft of the order has been laid before, and approved by resolution of, the Assembly.
Children's homes
9.
- (1) Paragraphs (2) to (5) have effect for the purposes of this Order.
(2) An establishment is a children's home (subject to paragraphs (3) and (4)) if it provides care and accommodation wholly or mainly for children.
(3) An establishment is not a children's home merely because a child is cared for and accommodated there by a parent or relative of his or by a foster parent.
(4) An establishment is not a children's home if it is -
Residential care homes
10.
- (1) For the purposes of this Order, an establishment is a residential care home if it provides or is intended to provide, whether for reward or not, residential accommodation with both board and personal care for persons in need of personal care by reason of -
(2) But an establishment is not a residential care home if it is -
or if it is of a description excepted by regulations.
(3) In paragraph (1) -
but does not include any prescribed activity.
Nursing homes
11.
- (1) For the purposes of this Order "nursing home" means, subject to paragraph (2), any premises used, or intended to be used, for the reception of, and the provision of nursing for, persons suffering from any illness or infirmity.
(2) The definition in paragraph (1) does not include -
(g) any premises used, or intended to be used, wholly or mainly as a private dwelling; or
(h) any other premises excepted from that definition by regulations.
Requirement to register
12.
- (1) Any person who carries on or manages an establishment or agency of any description without being registered under this Part in respect of it (as an establishment or, as the case may be, agency of that description) shall be guilty of an offence.
(2) The reference in paragraph (1) to an agency does not include a reference to a voluntary adoption agency.
(3) The Department may by regulations make provision about the keeping of registers by the Regulation and Improvement Authority for the purposes of this Part.
(4) A person guilty of an offence under this Article shall be liable on summary conviction -
(5) This paragraph applies if -
Applications for registration
13.
- (1) A person seeking to be registered under this Part shall make an application to the Regulation and Improvement Authority.
(2) The application shall give -
and shall be accompanied by a fee of the prescribed amount.
(3) Only an individual may apply for registration as the manager of an establishment or agency.
(4) A person who carries on or manages, or wishes to carry on or manage, more than one establishment or agency shall make a separate application in respect of each of them.
Grant or refusal of registration
14.
- (1) Paragraphs (2) to (4) apply where an application under Article 13 has been made with respect to an establishment or agency in accordance with the provisions of this Part.
(2) If the Regulation and Improvement Authority is satisfied that -
Cancellation of registration
15.
- (1) The Regulation and Improvement Authority may at any time cancel the registration of a person in respect of an establishment or agency -
(2) For the purposes of this Article the following are relevant offences -
(3) In this Article "relevant requirements" means -
Applications by registered persons
16.
- (1) A person registered under this Part may apply to the Regulation and Improvement Authority -
(2) But a person may not make an application under paragraph (1)(b) -
(3) An application under paragraph (1) shall be made in such manner and state such particulars as may be prescribed and, if made under paragraph (1)(a), shall be accompanied by a fee of such amount as may be prescribed.
(4) If the Regulation and Improvement Authority decides to grant an application under paragraph (1)(a) it shall serve notice in writing of its decision on the applicant (stating, where applicable, the condition as varied) and issue a new certificate of registration.
(5) If different amounts are prescribed under paragraph (3), the regulations may provide for the Regulation and Improvement Authority to determine which amount is payable in a particular case.
Regulations about registration
17.
- (1) Regulations may make provision about the registration of persons under this Part in respect of establishments or agencies, and in particular about -
(5) The Regulation and Improvement Authority shall give the applicant notice of a proposal to refuse an application under Article 16(1)(a).
(6) A notice under this Article shall give the Regulation and Improvement Authority's reasons for its proposal.
Right to make representations
19.
- (1) A notice under Article 18 shall state that within 28 days of service of the notice any person on whom it is served may make written representations to the Regulation and Improvement Authority concerning any matter which that person wishes to dispute.
(2) Where a notice has been served under Article 18, the Regulation and Improvement Authority shall not determine any matter to which the notice relates until either -
Notice of decisions
20.
- (1) If the Regulation and Improvement Authority decides to grant an application for registration in respect of an establishment or agency unconditionally, or subject only to conditions which have been agreed in writing between it and the applicant, it shall give the applicant written notice of its decision.
(2) A notice under paragraph (1) shall state the agreed conditions.
(3) If the Regulation and Improvement Authority decides to adopt a proposal under Article 18, it shall serve notice in writing of its decision on any person on whom it was required to serve notice of the proposal.
(4) A notice under paragraph (3) shall -
(6) Where, in the case of a decision to adopt a proposal under Article 18(2), the applicant notifies the Regulation and Improvement Authority in writing before the expiration of the period mentioned in paragraph (5)(a) that he does not intend to appeal, the decision shall take effect when the notice is served.
Urgent procedure for cancellation etc.
21.
- (1) If -
(b) it appears to the justice that, unless the order is made, there will be a serious risk to a person's life, health or well-being,
Appeals to the Care Tribunal
22.
- (1) An appeal against -
Regulations relating to establishments and agencies
23.
- (1) Regulations may impose in relation to establishments and agencies any requirements which the Department thinks fit for the purposes of this Part and may in particular make any provision such as is mentioned in paragraph (2) or (7).
(2) Regulations may -
(6) Regulations under sub-paragraph (e) of paragraph (2) may, in particular, make provision -
so as to indicate, or reasonably be understood to indicate, that the premises are an establishment, or an agency, of a particular description shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale unless registration has been effected under this Part in respect of the premises as an establishment or agency of that description.
(2) References to premises in paragraph (1) shall be taken to include references to an undertaking or organisation.
(3) No person shall, with intent to deceive any person, in any way describe or hold out an establishment or agency as able to provide any service or do any thing the provision or doing of which would contravene a condition in force by virtue of this Part in respect of the establishment or agency.
(4) A person who contravenes paragraph (3) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
False statements in applications
27.
- (1) Any person who, in an application for registration under this Part or for the variation of any condition in force in relation to his registration, knowingly makes a statement which is false or misleading in a material respect shall be guilty of an offence.
(2) A person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Failure to display certificate of registration
28.
- (1) A certificate of registration issued under this Part in respect of any establishment or agency shall be kept affixed in a conspicuous place in the establishment or at the agency.
(2) If default is made in complying with paragraph (1), any person registered in respect of the establishment or agency shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Proceedings for offences
29.
- (1) Proceedings in respect of an offence under this Part or regulations made under it shall not, without the consent of the Director of Public Prosecutions for Northern Ireland, be taken by any person other than the Regulation and Improvement Authority.
(2) Proceedings for an offence under this Part or regulations made under it may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecution to warrant the proceedings came to its knowledge; but no such proceedings shall be brought by virtue of this paragraph more than three years after the commission of the offence.
(3) Until the commencement of section 41(2) of the Justice (Northern Ireland) Act 2002 (c. 26) the reference in paragraph (1) to the Director of Public Prosecutions for Northern Ireland shall be construed as a reference to the Attorney General for Northern Ireland.
(2) This Article applies to any person appointed as -
(3) In this Article -
Death of registered person
32.
- (1) Regulations may -
(2) Regulations under paragraph (1)(a) may in particular -
Provision of copies of register
33.
- (1) Subject to paragraph (3), the Regulation and Improvement Authority shall secure that copies of any register kept for the purposes of this Part are available at its offices for inspection at all reasonable times by any person.
(2) Subject to paragraphs (3) and (4), any person who asks the Regulation and Improvement Authority for a copy of, or of an extract from, any register kept for the purposes of this Part shall be entitled to have one.
(3) Regulations may provide that paragraphs (1) and (2) shall not apply -
(2) The Department may by regulations extend the duty in this Article to any special agency specified in the regulations.
Role of the Regulation and Improvement Authority
35.
- (1) The Regulation and Improvement Authority shall have the following functions -
(2) In this Article and Article 37 "Part V functions" means -
Annual returns
37.
- (1) Regulations may require Health and Social Services Boards and HSS trusts to make an annual return to the Regulation and Improvement Authority about their Part V functions.
(2) Provision may be made by the regulations as to the contents of the return and the period in respect of which and date by which it is to be made.
Improvement notices
39.
- (1) The Regulation and Improvement Authority may serve a notice (an "improvement notice") on a person registered under Part III or on a Health and Social Services Board, HSS trust or special agency if the Authority believes that that person, Board, trust or agency is failing to comply with any statement of minimum standards under Article 38.
(2) An improvement notice shall specify -
Power to require information from establishments and agencies and power of entry and inspection
40.
- (1) The Regulation and Improvement Authority may at any time require a person who carries on or manages an establishment or agency to provide it with any information relating to the establishment or agency which the Regulation and Improvement Authority considers it necessary or expedient to have for the purposes of its functions.
(2) A person authorised by the Regulation and Improvement Authority may at any time enter and inspect premises which are used, or which he has reasonable cause to believe to be used, as an establishment or for the purposes of an agency.
(3) A person authorised by virtue of this Article to enter and inspect premises may -
(4) The powers under paragraph (3)(b) include -
(7) The Department may by regulations require the Regulation and Improvement Authority to arrange for premises which are used as an establishment or for the purposes of an agency to be inspected on such occasions or at such intervals as may be prescribed.
Power to require information from inspections relating to Boards and HSS trusts, etc. and powers of entry and inspection
41.
- (1) The Regulation and Improvement Authority may at any time require a Health and Social Services Board, HSS trust or special agency (in this Article referred to as an "HSS body") or service provider to provide it with any information which the Regulation and Improvement Authority considers it necessary or expedient to have for the purposes of its functions.
(2) Subject to paragraph (3), a person authorised by the Regulation and Improvement Authority may at any time -
(4) A person authorised by virtue of this Article to enter and inspect premises may -
(5) The powers under paragraph (2)(b) include -
(6) Paragraph (7) applies where a person authorised by the Regulation and Improvement Authority -
(8) The Department may by regulations require the Regulation and Improvement Authority to arrange for premises which are used by an HSS body or service provider to be inspected on such occasions or at such intervals as may be prescribed.
Inspections: provisions supplementary to Articles 40 and 41
42.
- (1) A person who proposes to exercise any power of entry or inspection conferred by Article 40 or 41 shall if so required produce some duly authenticated document showing his authority to exercise the power.
(2) Any person who -
Restrictions on disclosure of information under Article 40 or 41
43.
- (1) Subject to subsection (2), a person shall not be required under Article 40 or 41 to provide confidential information which relates to and identifies a living individual unless -
the Regulation and Improvement Authority or a person authorised by it under Article 40 or 41 may require the person holding the information to put the information in a form in which the identity of the individual concerned cannot be identified, in order that the information may be disclosed.
(5) In this Article "confidential information" means information which is held subject to a duty of confidence, and includes information contained in an accessible record within the meaning of section 68 of the Data Protection Act 1998 (c. 29).
The Care Tribunal
44.
- (1) There shall be a tribunal ("the Care Tribunal") which shall exercise the jurisdiction conferred on it by this Order or any other statutory provision.
(2) The Department may by regulations make provision about the proceedings of the Care Tribunal.
(3) The regulations may, in particular, include provision -
is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6) An appeal shall lie to the High Court on a point of law from a decision of the Care Tribunal.
(7) Schedule 2 shall have effect with respect to the Care Tribunal.
Arrangements for provision of accommodation outside Northern Ireland
45.
In Article 36 of the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14) (arrangements under Article 15 for provision of accommodation), for paragraphs (1) and (2) there shall be substituted the following paragraphs -
(2) The Department may by regulations make provision for or in connection with the making of arrangements under Article 15 for the provision of accommodation in Great Britain, the Channel Islands or the Isle of Man.".
Rules regarding courses for persons who are or wish to become social workers
46.
In section 10 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3) (approval of courses in relevant social work), in subsection (3) (rules) for paragraph (a) there shall be substituted the following paragraph -
Arrangements for provision of pharmaceutical services by pharmacists
47.
In Article 63 of the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14) (arrangements for pharmaceutical services), in paragraph (1)(bb) (provision of listed drugs and medicines and listed appliances by registered nurse, midwife or health visitor), after the word "by" there shall be inserted the words "a pharmacist or".
Regulations, orders and directions
48.
- (1) Regulations under this Order shall be subject to negative resolution.
(2) Regulations and orders under this Order may contain -
which the Department considers necessary or expedient.
(3) Section 17(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33) shall apply to a direction given by the Department under this Order as if the direction were a statutory instrument.
Transitional provisions and savings
49.
The transitional provisions and savings set out in Schedule 3 shall have effect.
Amendments and repeals
50.
- (1) The statutory provisions set out in Schedule 4 shall have effect subject to the amendments there specified.
(2) The statutory provisions set out in Schedule 5 are hereby repealed to the extent mentioned in the third column of that Schedule.
A. K. Galloway
Clerk of the Privy Council
3.
The Regulation and Improvement Authority shall carry out its functions effectively, efficiently and economically.
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.
(4) Different directions may be given under sub-paragraph (3) in relation to different categories of staff.
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.
(2) The statement of accounts shall -
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 -
(4) The Comptroller and Auditor General shall -
(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 -
13.
The application of the seal of the Regulation and Improvement Authority shall be authenticated by the signature -
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.
(2) The Department may -
(3) If the Regulation and Improvement Authority fails to comply with the Department's direction under sub-paragraph (2), the Department may -
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 -
(5) Where an employee is transferred under the scheme -
(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 -
(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).
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).
(2) The Care Tribunal shall consist of -
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.
(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.
In Article 3 (The Adoption Service) -
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) -
In Article 10 (regulation of adoption agencies) after paragraph (1) insert the following paragraph -
In Article 23 (enquiries to be made of Board etc.) -
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".
In Article 2(2) (interpretation) -
(f) after the definition of "registered children's home" insert the following definition -
(b) after paragraph (9) add the following paragraph -
In Article 35 (advice and assistance for certain children) as it has effect before the commencement of the Children (Leaving Care) Act (Northern Ireland) 2002, in paragraph (2)(c) for "registered" substitute "private".
In Article 35 (persons qualifying for advice and assistance) as it has effect after the commencement of the Children (Leaving Care) Act (Northern Ireland) 2002, in paragraph (2)(c) for "registered" substitute "private".
In Article 35C (information), in paragraph (2)(a) for "registered" substitute "private".
In Article 37 (supplementary), in paragraph (4)(a) for "registered" substitute "private".
In Article 70(1) (refuges for children at risk), for "registered" substitute "private".
In Article 74(1) (definition of "voluntary home", etc.), for the definition of "voluntary home" substitute the following definition -
In Article 75(1) (provision of accommodation for children by voluntary organisations), for sub-paragraphs (b) to (e) substitute the following sub-paragraph -
In Article 77 (duties of an authority in relation to children provided with accommodation by voluntary organisations) in paragraph (5)(c), for "Article 89" substitute "Article 23 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003".
In Article 78 (persons disqualified from carrying on, or being employed in, voluntary homes) -
After Article 78 insert -
In the heading to Part IX, before "CHILDREN'S HOMES" insert "PRIVATE".
In Article 90(3) (references to an authority), before "children's home" insert "private".
In Article 91(4) (circumstances in which a person may foster more than three children without being treated as carrying on a children's home), after "treated" insert "for the purposes of this Order and the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003".
In Article 92 (duties of person carrying on children's home) -
before "children's home" insert "private".
In Article 93 (duties of an authority) -
In Article 94 (persons disqualified from carrying on, or being employed in, children's homes) -
After Article 94 insert the following Article -
In Article 105(1)(a) (regulations as to placing of children), for "registered" substitute "private".
In Article 106 (interpretation) -
In Article 107(3) (privately fostered children further defined) -
In Article 149(5) (persons required to furnish information, etc.), after sub-paragraph (i) add the following sub-paragraph -
In Article 153(2) (representations concerning child care training), for sub-paragraph (a) substitute the following sub-paragraph -
(c) for paragraph (4) substitute the following paragraph -
In Schedule 5 (foster parents: limits on number of foster children), in paragraph 5(1) after "treated" insert "for the purposes of this Order and the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003".
For section 22 (interpretation) substitute -
In Article 6 (power of other authorities to refer) -
(b) in paragraph (3), after sub-paragraph (c) insert the following sub-paragraph -
In the following provisions, for "a Social" substitute "the" -
Article 11(1), (2) and (3) (appeals against inclusion in list);
Article 12(1) (application for removal from list);
Article 13(1) (conditions for applications under Article 12);
Article 15(4), (5)(a) and (6) (list in connection with prohibiting or restricting employment in schools, etc.);
Article 18(2)(g) (accredited organisations);
Article 27(1) (review of disqualification);
Article 42(1) and (2) (appeals against inclusion in list);
Article 43(1) (application for removal from list);
Article 44(1) (conditions for application under Article 43).
In Article 34(1) (interpretation of Chapter II of Part II), in the definition of "children's home" for the words from "meaning" to the end substitute "same meaning as in the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003".
In Article 38 (power of other authorities to refer) -
(b) in paragraph (3), for sub-paragraph (a) substitute the following sub-paragraph -
In Article 48 (interpretation of Part III) -
Short Title | Extent of repeal |
The Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971 (c. 32). | The whole Act. |
The Nurses, Midwives and Health Visitors Act 1979 (c. 36). | In Schedule 7 paragraphs 19 to 22. |
The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (NI 20). | Article 11(5)(b) and (6). |
The Adoption (Northern Ireland) Order 1987 (NI 22). |
In Article 2(2) the definition of "registered adoption society". Article 4. In Article 5, paragraph (1) and in paragraph (2) the word "concerned". Article 6. Article 7. Schedule 1. |
The Registered Homes (Northern Ireland) Order 1992 (NI 20). | The whole Order. |
The Children (Northern Ireland) Order 1995 (NI 2). |
In Article 2(2) the definition of "registered children's home". Article 73(1)(b) and (c) and (2). Article 74(2) and (3). Articles 79 to 88. Article 89(1)(b) and (c) and (2)(a) to (e) and (g) to (l). Article 90(1). Article 91(1) to (3). Articles 95 to 104. Article 105(1)(b) and (c), (2)(a) to (e) and (g) to (k) and (m). Article 107(3)(b). In Article 152(1)(b) the words "or voluntary home". In Schedule 9 paragraphs 188 to 190. |
The Arbitration Act 1996 (c. 23). | In Schedule 3 paragraph 58. |
The Nurses, Midwives and Health Visitors Act 1997 (c. 24). | In Schedule 4 paragraph 5. |
The Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3). |
Section 15(1), (6) and (7). Sections 20 and 21. |
The Adoption (Intercountry Aspects) Act (Northern Ireland) 2001 (c. 11). | Section 8. |
The Justice (Northern Ireland) Act 2002 (c. 26). | In Schedule 3 paragraphs 26 to 28. |
The Protection of Children and Vulnerable Adults | In Article 6(3)(a) the words "and Article 176". |
(Northern Ireland) Order 2003 (NI 00). |
In the cross-heading immediately preceding Article 42 the word "Social". Part IV. |
© Crown copyright 2003 | Prepared 28 March 2003 |