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HEALTH AND PERSONAL SOCIAL SERVICES (NORTHERN IRELAND) ORDER 1972 - SECT 109

109.Para.(1), with Schedule 16, effects amendments

(2) The saving, temporary and transitional provisions specified in Schedule 17
shall have effect for the purposes of this Order.

Para.(3), with Schedule 18, effects repeals

(4) References to any transferred provision repealed by this Article in any
deed, instrument or other document giving effect to arrangements made under
paragraph 2(2) of Schedule 11 to the Health Services Act (Northern Ireland)
1971 shall be construed as references to the corresponding provision of this
Order.

1. A Health and Social Services Board shall be a body corporate with perpetual
succession to which section 19 of the Interpretation Act (Northern Ireland)
1954 shall apply.

2. A Health and Social Services Board shall, notwithstanding that it is
exercising functions on behalf of the Ministry or the Ministry of Home
Affairs, be entitled to enforce any rights acquired and shall be liable in
respect of any liabilities incurred (including 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 Health and Social Services
Board in its own name.

3.(1) Subject to the succeeding provisions of this paragraph, a Health and
Social Services Board shall consist of a chairman and vice-chairman appointed
by the Minister and such number of other members as the Minister thinks fit,
appointed by the Minister as follows:

(a)at least one person nominated by each of the district councils in the area
of the Health and Social Services Board;

(b)persons appointed after consultation with

(i)such organisations as appear to the Minister to be representative of such
professions as the Minister considers appropriate;

(ii)any university appearing to the Minister to have an interest in the
provision of health or personal social services;

<(iii)such other bodies as appear to the Minister to be concerned.


Sub-para.(2) spent

(3) The provisions of sub-paragraph (1)(a) as to the appointment of persons
nominated by district councils shall not prevent the Health and Social
Services Boards being established before such nominations are made and the
Boards may exercise their functions to the extent provided for by an order
under Article 1.

4.(1) Subject to sub-paragraph (2), the term of office of members of a Health
and Social Services Board shall be two years or such other period as may be
determined by the Minister at the time the appointments are made.

(2) A member who is appointed on the nomination of a district council shall,
if he is a member of that district council, cease to be a member of the Health
and Social Services Board if he ceases to be a member of the district council.

5.(1) A member of a Health and Social Services Board may resign his membership
by serving notice on the Minister.

(2) Where any member of a Health and Social Services Board

(a)is absent from the meetings of the Board for more than six months
consecutively (except for a reason approved by the Minister); or

(b)has become bankrupt or has made a composition with his creditors; or

(c)is convicted of an indictable offence;

(3) Where the place of a member becomes vacant before the expiration of his
term of office whether by death, resignation or otherwise, the vacancy shall
be filled by appointment by the Minister and any person so appointed shall
hold office for the remainder of the term of office of the former member.

6. The proceedings of a Health and Social Services Board or of any committee
thereof shall not be invalidated by any vacancy in the membership of the Board
or committee or by any defect in the appointment of any of its members.

7. Subject to Part X and paragraph 2(d) of Schedule 9, so much of section 19
of the Interpretation Act (Northern Ireland) 1954 as relates to the
acquisition of land shall not apply to a Health and Social Services Board and
any power conferred by that section to acquire movable property shall be
exercised on behalf of the Ministry.

8.(1) Each Health and Social Services Board shall, subject to sub-paragraph
(5), appoint a Health Services Committee and a Personal Social Services
Committee.

(2) Without prejudice to Article 20 and sub-paragraph (1), a Health and Social
Services Board may, subject to sub-paragraph (5), appoint one or more
committees to which it may delegate such of its functions as it thinks fit.

(3) A committee appointed under this paragraph may include persons who are not
members of the Health and Social Services Board, so however that the majority
of the members of the committee shall be members of the Board.

(4) Every member of a committee appointed under this paragraph, who, at the
time of his appointment, was a member of the Health and Social Services Board
shall, if he ceases to be a member of the Board, also cease to be a member of
the committee.

(5) The Ministry may, by regulations or directions, make provision with
respect to the appointment, constitution or functions of committees appointed
under this paragraph.

9.(1) A Health and Social Services Board, or a committee appointed by such a
Board, may, subject to sub-paragraph (3), appoint a sub-committee to consider
and report to the Board or, as the case may be, the committee, upon any matter
within the competence of that Board or committee.

(2) A sub-committee appointed under sub-paragraph (1) may include persons who
are not members of the Board or committee which appoints the sub-committee.

(3) The Ministry may, by regulations or directions, make provision with
respect to the appointment, constitution or functions of sub-committees
appointed under sub-paragraph (1).

10. Each Health and Social Services Board shall make standing orders with
regard to its procedure (including the fixing of a quorum) and that of its
committees and sub-committees which shall be subject to the approval of the
Ministry.

11.(1) Subject to sub-paragraph (2), sections 28 to 33 and 146 of the Local
Government Act (Northern Ireland) 1972 and section 148 of that Act so far as
it applies for the interpretation of those sections, shall apply to a Health
and Social Services Board and to a committee and sub-committee thereof and to
a member of such a Board, committee and sub-committee as if

(a)in those sections any reference to a council were a reference to a Board or
to a committee or sub-committee thereof, any reference to a councillor were a
reference to a member of a Board or of a committee or sub-committee thereof,
any reference to the clerk of the council were a reference to the chief
administrative officer of the Health and Social Services Board and any
reference to that Act were a reference to this Order;

(b)in section 28(4) of that Act the words "or 46" were omitted and for the
words from "by any local elector" onwards there were substituted the words "by
any person.".

(2) Notwithstanding anything in sub-paragraph (1), where an officer of a
Health and Social Services Board is a member of the Board he may vote upon any
matter which touches the interests of officers of the Board or such officers
of any class (including a class to which he belongs), but shall not vote upon
any matter touching only his individual interest.

12.(1) The qualifications, remuneration and conditions of service of officers
of a Health and Social Services Board shall be determined by the Ministry.

(2) Regulations may make provision with respect to

(a)the method of appointment of officers of Health and Social Services Boards;

(b)the qualifications, remuneration and conditions of service of such officers
of Health and Social Services Boards as may be prescribed;

(3) The appointment and removal from office of such officers of Health and
Social Services Boards as may be prescribed shall be subject to the approval
of the Ministry.

13. The seal of a Health and Social Services Board shall be authenticated by
the signatures of at least one member of the Board and of the person for the
time being acting as chief administrative officer of the Board.

14. Any contract or instrument which, if entered into or executed by an
individual, would not require to be under seal may be entered into or executed
on behalf of a Health and Social Services Board by any person generally or
specifically authorised by that Board to act for that purpose and any document
purporting to be such a contract or instrument shall be deemed to be such a
contract or instrument until the contrary is proved.

(a)the chairman of, and one other person nominated by, each Health and Social
Services Board;

(b)the chairman of each central advisory committee;

(c)a person or persons appointed after consultation with any university
appearing to the Minister to have an interest in the provision of health or
personal social services;

(d)such other persons as may be appointed after consultation with such other
interests as appear to the Minister to be concerned.

2. The Ministry may, by regulations, make provision for

(a)the appointment, tenure, and vacation of office, of the chairman,
vice-chairman and other members of the Council;

(b)enabling alternate members to attend in place of any member of the Council
who may be absent;

(c)the appointment by the Council of committees whose membership may include
persons who are not members of the Council;

3. The proceedings of the Council or of any committee thereof shall not be
invalidated by any vacancy in the membership of the Council or committee or by
any defect in the appointment of any of its members.

4. The Ministry may make such arrangements for the provision of secretarial
and other services and facilities for the Council as appear to the Ministry to
be appropriate.

1. The Agency shall be a body corporate with perpetual succession to which
section 19 of the Interpretation Act (Northern Ireland) 1954 shall apply.

2. The Agency shall, notwithstanding that it is exercising functions on behalf
of the Ministry or any other body associated with health or personal social
services, be entitled to enforce any rights acquired and shall be liable in
respect of any liabilities incurred (including 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 Agency in its own name.

3.(1) Subject to sub-paragraph (2), the Agency shall consist of a chairman,
vice-chairman and such number of other members as the Minister thinks fit.

(2) The chairman and vice-chairman of the Agency shall be appointed by the
Minister and other members shall be so appointed after consultation with the
Health and Social Services Boards and any other interests which appear to the
Minister to be concerned.

4. The Ministry may, by regulations, make provision for

(a)the appointment, tenure, and vacation of office, of the chairman,
vice-chairman and other members of the Agency;

(b)enabling alternate members to attend in place of any member of the Agency
who may be absent;

5. The proceedings of the Agency or of any committee thereof shall not be
invalidated by any vacancy in the membership of the Agency or committee or by
any defect in the appointment of any of its members.

6. So much of section 19 of the Interpretation Act (Northern Ireland) 1954 as
relates to the acquisition of land shall not apply to the Agency and any power
conferred by that section to acquire movable property shall be exercised on
behalf of the Ministry.

7.(1) The Agency shall, subject to sub-paragraph (5), appoint such committees
as the Ministry may determine.

(2) Without prejudice to sub-paragraph (1), the Agency may, subject to
sub-paragraph (5), appoint one or more committees to which it may delegate
such of its functions as it thinks fit.

(3) A committee appointed under this paragraph may include persons who are not
members of the Agency.

(4) Every member of a committee appointed under this paragraph, who, at the
time of his appointment, was a member of the Agency shall, if he ceases to be
a member of the Agency, also cease to be a member of the committee.

(5) The Ministry may, by regulations or directions, make provision with
respect to the appointment, constitution or functions of committees appointed
under this paragraph.

8.(1) The Agency, or a committee appointed by the Agency, may, subject to
sub-paragraph (3), appoint a sub-committee to consider and report to the
Agency or, as the case may be, the committee, upon any matter within the
competence of the Agency or that committee.

(2) A sub-committee appointed under sub-paragraph (1) may include persons who
are not members of the Agency or committee which appoints the sub-committee.

(3) The Ministry may, by regulations or directions, make provision with
respect to the appointment, constitution or functions of sub-committees
appointed under sub-paragraph (1).

9. The Agency shall make standing orders with regard to its procedure
(including the fixing of a quorum) and that of its committees and
sub-committees which shall be subject to the approval of the Ministry.

10. Sections 28 to 33 and 146 of the Local Government Act (Northern Ireland)
1972 and section 148 of that Act so far as it applies for the interpretation
of those sections, shall apply to the Agency and to a committee and
sub-committee thereof and to a member of the Agency and of such committee and
sub-committee as if

(a)in those sections any reference to a council were a reference to the Agency
or to a committee or sub-committee thereof, any reference to a councillor were
a reference to a member of the Agency or of a committee or sub-committee
thereof, any reference to the clerk of the council were a reference to the
chief administrative officer of the Agency and any reference to that Act were
a reference to this Order;

(b)in section 28(4) of that Act the words "or 46" were omitted and for the
words from "by any local elector" onwards there were substituted the words "by
any person.".

11.(1) The qualifications, remuneration and conditions of service of officers
of the Agency shall be determined by the Ministry.

(2) Regulations may make provision with respect to

(a)the method of appointment of officers of the Agency; and

(b)the qualifications, remuneration and conditions of service of such officers
of the Agency as may be prescribed;

(3) The appointment and removal from office of such officers of the Agency as
may be prescribed shall be subject to the approval of the Ministry.

12. The seal of the Agency shall be authenticated by the signatures of at
least one member of the Agency and of the person for the time being acting as
chief administrative officer of the Agency.

13. Any contract or instrument which, if entered into or executed by an
individual, would not require to be under seal may be entered into or executed
on behalf of the Agency by any person generally or specifically authorised by
the Agency to act for that purpose and any document purporting to be such a
contract or instrument shall be deemed to be such a contract or instrument
until the contrary is proved.

1. The Staffs Council shall be a body corporate with perpetual succession to
which section 19 of the Interpretation Act (Northern Ireland) 1954 shall
apply.

2. The Staffs Council shall, notwithstanding that it is exercising functions
on behalf of the Ministry or any other body associated with health or personal
social services, be entitled to enforce any rights acquired and shall be
liable in respect of any liabilities incurred (including 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 Staffs Council in its own name.

3.(1) Subject to sub-paragraph (2), the Staffs Council shall consist of a
chairman, vice-chairman and such number of other members as the Minister
thinks fit.

(2) The chairman and vice-chairman of the Staffs Council shall be appointed by
the Minister and other members shall be so appointed after consultation with
the Health and Social Services Boards and any other interests which appear to
the Minister to be concerned.

4. The Ministry may, by regulations, make provision for

(a)the appointment, tenure and vacation of office, of the chairman,
vice-chairman and other members of the Staffs Council;

(b)enabling alternate members to attend in place of any members of the Staffs
Council who may be absent;

5. The proceedings of the Staffs Council or of any committee thereof shall not
be invalidated by any vacancy in the membership of the Staffs Council or
committee or by any defect in the appointment of any of its members.

6. So much of section 19 of the Interpretation Act (Northern Ireland) 1954 as
relates to the acquisition of land shall not apply to the Staffs Council and
any power conferred by that section to acquire movable property shall be
exercised on behalf of the Ministry.

7. The Ministry may, by regulations or directions, make provision with respect
to the appointment, constitution or functions of committees or sub-committees
whose membership may include persons who are not members of the Staffs
Council.

8. The Staffs Council shall make standing orders with regard to its procedure
(including the fixing of a quorum) and that of its committees and
sub-committees which shall be subject to the approval of the Ministry.

9. Sections 28 to 33 and 146 of the Local Government Act (Northern Ireland)
1972 and section 148 of that Act so far as it applies for the interpretation
of those sections, shall apply to the Staffs Council and to a committee and
sub-committee thereof and to a member of the Staffs Council and of such
committee and sub-committee as if

(a)in those sections any reference to a council were a reference to the Staffs
Council or to a committee or sub-committee thereof, any reference to a
councillor were a reference to a member of the Staffs Council or of a
committee or sub-committee thereof, any reference to the clerk of the council
were a reference to the chief administrative officer of the Staffs Council and
any reference to that Act were a reference to this Order;

(b)in section 28(4) of that Act the words "or 46" were omitted and for the
words from "by any local elector" onwards there were substituted the words "by
any person.".

10.(1) The qualifications, remuneration and conditions of service of officers
of the Staffs Council shall be determined by the Ministry.

(2) Regulations may make provision with respect to

(a)the method of appointment of officers of the Staffs Council;

(b)the qualifications, remuneration and conditions of service of such officers
of the Staffs Council as may be prescribed;

(3) The appointment and removal from office of such officers of the Staffs
Council as may be prescribed shall be subject to the approval of the Ministry.

11. The seal of the Staffs Council shall be authenticated by the signatures of
at least one member of the Staffs Council and of the person for the time being
acting as chief administrative officer of the Staffs Council.

12. Any contract or instrument which, if entered into or executed by an
individual, would not require to be under seal may be entered into or executed
on behalf of the Staffs Council by any person generally or specifically
authorised by the Staffs Council to act for that purpose and any document
purporting to be such a contract or instrument shall be deemed to be such a
contract or instrument until the contrary is proved.

1.(1) Subject to sub-paragraph (3), a person shall not carry on a home for
persons in need unless he is registered in accordance with the provisions of
this Schedule in respect of that home.

(2) Any person who contravenes the provisions of sub-paragraph (1) shall be
guilty of an offence and shall be liable on summary conviction to a fine not
exceeding #50 or, in the case of a second or subsequent offence, to
imprisonment for a term not exceeding three months or to a fine not exceeding
#50, or to both.

(3) Where the person registered in accordance with this Schedule in respect of
a home dies, his executor or his widow, or any other member of his family may,
for a period not exceeding four weeks from his death, or such longer period as
the Health and Social Services Board may sanction, carry on the home without
being registered in respect thereof.

2.(1) An application for registration shall be made to the Health and Social
Services Board for the area in which the home named in the application is
situated.

(2) Subject to sub-paragraph (3), the Health and Social Services Board shall
register an applicant in respect of the home named in an application and issue
to him a certificate of registration.

(3) The Health and Social Services Board may refuse to register the applicant
if it is satisfied

(a)that he or any person employed or proposed to be employed by him in the
management of the home, or any part thereof, is not a fit person, whether by
reason of age or otherwise, to carry on or to be so employed at a home of such
a description as the home named in the application; or

(b)that, for reasons connected with situation, construction, state of repair,
accommodation, staffing or equipment, the home is, or any premises used in
connection therewith are, not fit to be used for a home of such a description
as aforesaid; or

(c)that the way in which it is proposed to conduct the home is such as not to
provide services or facilities reasonably required by persons resorting to
such a home.

3. The Health and Social Services Board may at any time cancel the
registration of a person in respect of a home on any ground which would
entitle it to refuse an application for the registration of that person in
respect of that home, or on the ground that the person has been convicted of
an offence under this Schedule or against regulations made under paragraph 6
relating to the conduct of homes for persons in need, or on the ground that
any other person has been convicted of such an offence in respect of that
home.

4.(1) Not less than fourteen days before refusing an application for
registration or cancelling any registration, the Health and Social Services
Board shall serve notice of its intention to refuse the application or cancel
the registration on the applicant or, as the case may be, on the person
registered.

(2) Every such notice shall state the grounds on which the Health and Social
Services Board intends to refuse the application or cancel the registration
and shall contain an intimation that if, within fourteen days after the
service of the notice, the applicant or, as the case may be, the person
registered informs the Board in writing of his desire to show cause, in person
or by a representative, why the application should not be refused or the
registration cancelled, the Board shall, before refusing the application or
cancelling the registration, afford him an opportunity so to do.

(3) If the Health and Social Services Board, after giving the applicant or, as
the case may be, the person registered an opportunity of being heard by it,
decides to refuse the application for registration, or to cancel the
registration, it shall serve notice of the decision on the applicant or, as
the case may be, the person registered, and such notice shall inform him of
his right of appeal under sub-paragraph (4) and of the time within which the
appeal may be brought.

(4) A person aggrieved by a decision refusing an application for registration
under paragraph 2 or cancelling any registration under paragraph 3 may, within
twenty-one days from the date on which notice of the decision is served on
him, appeal to the county court; and the cancellation under paragraph 3 of any
registration shall not take effect until the expiration of the time within
which an appeal may be brought under this sub-paragraph or, where such an
appeal is brought, before the determination of the appeal.

(5) The decision of a county court on an appeal brought under sub-paragraph
(4) shall be final, and the Health and Social Services Board shall give effect
to that decision.

5. A certificate of registration issued in respect of any home shall be kept
affixed in a conspicuous place in the home; and, if default is made in
complying with this paragraph, the person carrying on the home shall be guilty
of an offence and shall be liable on summary conviction to a fine not
exceeding #10 and where this paragraph is again contravened within one year
after the conviction to a further fine not exceeding #5 for every day
subsequent to the day on which that person is first convicted under this
paragraph on which it is so contravened.

6. The Ministry may make regulations as to the conduct of homes for persons in
need and, in particular (without prejudice to the generality of the foregoing
provision)

(a)empowering the Health and Social Services Boards to limit the number of
persons or persons of any description who may be received into any such home
and for enabling registration of any such home to be made subject to the
condition that persons shall not be received therein in excess of the number
fixed for the home in accordance with the regulations;

(b)as to the facilities and services to be provided in such homes.

7.(1) A Health and Social Services Board shall keep a register of homes for
persons in need which shall be in such form, and contain such particulars, as
may be prescribed, and regulations may make provision as to the information to
be supplied on any application for registration under this Schedule.

(2) A register kept for the purposes of this Schedule shall be available for
inspection at all reasonable times, and a person inspecting any such register
shall be entitled to make copies of entries therein on payment of such fee, if
any, not exceeding #0.10 for each entry, as the Health and Social Services
Board may determine.

8. In any proceedings under this Schedule a document purporting to be a copy
of an entry in a register of homes for persons in need and purporting to be
certified as such by a person authorised by the Health and Social Services
Board shall be evidence of the matters recorded in the entry.

9. In the exercise of its functions under this Schedule a Health and Social
Services Board shall act in accordance with regulations and directions.

1. Where an officer, being a social worker, of any Health and Social Services
Board

(a)has reason to believe that, in the interests of any such person as is
mentioned in Article 37 who is residing in the area of the Health and Social
Services Board, or for preventing injury to the health of, or serious nuisance
to, other persons, it is necessary to remove such person from the premises in
which he is residing;

(b)consults with

(i)the medical practitioner (if any) providing general medical services for
such person under Part VI; and

(ii)a medical officer of the Health and Social Services Board designated by
the Board in that behalf; and

(c)after such consultation, obtains from such medical officer a certificate to
the effect that such removal is necessary;

2.(1) Subject to sub-paragraph (2), on any such application the court may, if
satisfied on oral evidence of the allegations in the certificate, order the
removal of the person to whom the application relates, by such officer of the
Health and Social Services Board as may be specified in the order, to a
suitable hospital or other place in, or within convenient distance of, the
area of that Board, and his detention and maintenance therein.

(2) The court shall not order the removal of a person to any premises unless
either the person managing the premises has been heard in the proceedings or
three clear days' notice has been served on him of the intended application
and of the time and place at which it is proposed to be made.

3. An order under paragraph 2 may be made so as to authorise a person's
detention for any period not exceeding three months, and the court may by
order extend that period for such further period, not exceeding three months,
as the court may determine.

4. An order under paragraph 2 may be varied by an order of the court so as to
substitute for the place referred to in that paragraph such other suitable
place in, or within convenient distance of, the area of the Health and Social
Services Board as the court may determine, so however that paragraph 2(2)
shall apply, with the necessary modifications, to any proceedings under this
paragraph.

5. At any time after the expiration of six weeks from the making of an order
under paragraph 2 or 3, an application may be made to the court by or on
behalf of the person in respect of whom the order was made, and, on any such
application, the court may, if in the circumstances it appears expedient to do
so, revoke or vary the order.

6. An application under this Schedule shall not be entertained by the court
unless, three clear days at least before the making of the application, notice
of the intended application, and of the time and place at which it is proposed
to be made, has been served

(a)where the application is for an order under paragraph 2 or 3, on the person
in respect of whom the application is made;

(b)where the application is for the revocation of such an order, on the
officer of the Health and Social Services Board.

7. A person in respect of whom an application is made under this Schedule, and
any person on whom a notice has been served under paragraph 1, shall have the
right to be heard against such application and to be represented by counsel or
a solicitor.

8. Where the premises in which a person is maintained under this Schedule are
premises which are neither hospital accommodation provided by the Ministry
under this Order nor premises where accommodation is provided by, or by
arrangement with, the Ministry under Article 15 or 36, the cost of his
maintenance shall be borne by the appropriate Health and Social Services
Board.

9. Any expenditure incurred by the Health and Social Services Board under
paragraph 8 shall be recoverable by the Board from the person maintained or
from any person who, for the purposes of this Order, is liable to maintain
that person; and any expenditure incurred by virtue of this Schedule in
connection with the maintenance of a person in premises where accommodation is
provided under Article 15 or 36 shall be recoverable in like manner as
expenditure incurred in providing such accommodation.

10. Any person who wilfully disobeys, or obstructs the execution of, an order
under paragraph 2 or 3 shall be guilty of an offence and shall be liable on
summary conviction to a fine not exceeding #10.

11. In the exercise of its functions under this Schedule a Health and Social
Services Board shall act in accordance with regulations and directions.

1. References to the Ministry or to the council shall be construed as
references to the Ministry within the meaning of this Order.

2. References to the said Schedule 6 shall be construed as references to that
Schedule as modified by this Schedule.

3. Paragraph 1 shall be omitted.

4. In paragraph 2

(a)for the words from the beginning to "directs," there shall be substituted
the words "Where the Ministry proposes to acquire land otherwise than by
agreement, it shall give notice of its intention to do so and such notice";

(b)in sub-paragraph (c) for the words "as may be prescribed" there shall be
substituted the words "as the Ministry considers fit".

5. In paragraph 3(1)(ii) for the word "refuse" there shall be substituted the
words "decide not".

6. In paragraph 4 the words from "and may provide" to the end of the paragraph
shall be omitted.

7. In paragraph 5

(a)in sub-paragraph (1)(a) the words "in the prescribed form and manner" shall
be omitted;

(b)in sub-paragraph (1)(b) the two references to the said Act of 1972 shall be
construed as references to this Order;

(c)in sub-paragraph (1)(d) the words "in the prescribed form" shall be
omitted;

(d)in sub-paragraph (2) for the words "as may be prescribed" there shall be
substituted the words "as the Ministry considers fit".

8. In paragraph 6(2) for the words "fund out of which the expenses of the
council in acquiring the land are to be defrayed" there shall be substituted
the words "Consolidated Fund" and for the words "out of the compensation fund"
there shall be substituted the words "made by the Ministry".

9. In paragraph 11(3) the words "in the prescribed form" shall be omitted.

10. In paragraph 12

(a)in sub-paragraph (1) the word "such" and the words "as may be prescribed"
shall be omitted;

(b)in sub-paragraph (2) for the words from "clerk" to "directs" there shall be
substituted the words "Ministry as correct, and shall publish".

11. In paragraph 14(1) the words "in the prescribed form" shall be omitted.

12. In paragraph 15(1) for the words "in the prescribed form" there shall be
substituted the words "in such form as may be approved by the Ministry".

13. Paragraph 19 shall be omitted.

14. In paragraph 20, sub-paragraph (2) shall be omitted.

1. The Ministry shall appoint a person to hold the inquiry and to report
thereon to the Ministry.

2. Notification shall be sent to any persons appearing to the Ministry or the
person appointed to hold the inquiry to be interested of the time when, and
the place where, the inquiry is to be held.

3.(1) Subject to sub-paragraphs (2) and (3), the person appointed to hold the
inquiry may by notice require any person

(a)to attend at the time and place set forth in the notice to give evidence or
to produce any books or documents in his custody or under his control which
relate to any matter in question at the inquiry; or

(b)to furnish, within such reasonable period as is specified in the notice,
such information relating to any matter in question at the inquiry as the
person appointed to hold the inquiry may think fit, and as the person so
required is able to furnish.

(2) A person shall not be required, in obedience to such a notice, to attend
at any place which is more than ten miles from the place where he resides
unless the necessary expenses are paid or tendered to him.

(3) Nothing in this paragraph shall empower the person appointed to hold the
inquiry to require any person to produce any book or document, or to answer
any question, which he would be entitled, on the ground of privilege or
otherwise, to refuse to produce or to answer if the inquiry were a proceeding
in a court of law.

4. The person appointed to hold the inquiry may administer oaths and examine
witnesses on oath, and may accept, in lieu of evidence on oath by any person,
a statement in writing by that person.

5. Any person who

(a)refuses or wilfully neglects to attend in obedience to a notice under
paragraph 3, or to give evidence; or

(b)wilfully alters, suppresses, conceals, destroys or refuses to produce any
book or document which he may be required to produce by any such notice; or

(c)refuses or wilfully neglects to furnish any infornation which he is
required to furnish under paragraph 3(1)(b);

6. The expenses incurred by the Ministry in relation to any inquiry held under
this Order (including such sum as the Ministry may, with the approval of the
Ministry of Finance, determine in respect of the services of any officer
engaged in the inquiry) shall be paid by such of the parties to the inquiry in
such proportions as the Ministry may order.

7. The Ministry may make orders as to the expenses incurred by the parties
appearing at any such inquiry and as to the parties by whom such expenses
shall be paid.

8. Any order made by the Ministry under paragraph 6 or 7 may, on the
application of any party to the inquiry, be made a rule of the High Court.

1. The Ministry, with the approval of the Ministry of Finance, may by order
empower the Health and Social Services Boards to make loans to practitioners
providing general medical services for the purpose of enabling them

(a)to provide, or to acquire a share in, premises used or to be used, in whole
or in part, for the provision of those services;

(b)to alter, enlarge, improve or repair such premises;

(c)to acquire any land required for the erection of, or in connection with the
use of, such premises;

(d)to acquire any equipment or furniture needed by them in the provision of
those services;

(e)to repay any loan raised by them for any such purpose.

2. Without prejudice to the generality of paragraph 1, an order under this
Schedule may make provision for

(a)authorising the making of schemes in accordance with which loans under the
order shall be made;

(b)the borrowing powers of the Health and Social Services Boards for the
purpose of making loans under the order and the guaranteeing by the Ministry
of Finance of the payment of interest on, and the repayment of the principal
of, any loan raised by the Health and Social Services Boards for that purpose;

(c)securing repayment of the interest on, and the principal of, any loans made
under the order;

(d)authorising the Health and Social Services Boards to hold and dispose of
any land or other property conveyed to them as security for a loan so made;

(e)the defrayal of expenses incurred in making loans under the order.

3. An order shall not be made under this Schedule unless and until a draft
thereof has been laid before Parliament and approved by a resolution of each
House of Parliament.

4. Where it is shown to the satisfaction of the Ministry that, taking one year
with another, the revenue of any Health and Social Services Board from loans
so made is less than the expenditure properly chargeable to any revenue
account of that Board in respect of loans so made, the Ministry may pay to
that Board such sum not exceeding the amount of the deficiency as the Ministry
thinks fit.

5. Where an order under this Schedule authorises the Ministry of Finance to
guarantee the payment of interest on, and the repayment of the principal of,
any loan proposed to be raised by the Health and Social Services Boards

(a)the principal of the loans which may be so guaranteed under the order shall
not exceed in the aggregate six hundred thousand pounds;

(b)there shall be charged on and issued out of the Consolidated Fund any sums
required by the Ministry of Finance to fulfil any guarantees given by it under
the order;

(c)the Ministry of Finance may borrow money for the purpose of providing for
issues out of the Consolidated Fund under sub-paragraph (b);

(d)the Health and Social Services Board shall make to the Ministry of Finance,
at such times and in such manner as that Ministry may direct

(i)payments of such amounts as that Ministry may direct in or towards
repayment of any sums issued out of the Consolidated Fund under sub-paragraph
(b); and

(ii)payments of interest on what is outstanding in respect of sums so issued,
at such rates as that Ministry may direct.

1. Where the name of any medical practitioner was, on 5th July 1948, or has
been at any time thereafter, entered on any list of medical practitioners
undertaking to provide general medical services, it shall be unlawful
subsequently to sell the goodwill or any part of the goodwill of the medical
practice of that medical practitioner.

2.(1) Any person who sells or buys the goodwill or any part of the goodwill of
a medical practice which it is unlawful to sell by virtue of paragraph 1 shall
be guilty of an offence and shall be liable, on conviction on indictment, to a
fine not exceeding

(a)such amount as will in the opinion of the court secure that he derives no
benefit from the offence; and

(b)the further amount of #500;

(2) Where a person has been convicted of an offence under sub-paragraph (1),
the court before which he is convicted may, on such conviction, order that the
value of any consideration received by him or on his behalf in respect of the
sale in question be forthwith repaid by him to the person or the successors in
title of the person from whom it was so received.

Para.3 rep. by 1978 NI 26 art.19(2) sch.2

4. For the purposes of this Schedule

(a)references to the goodwill of a medical practice shall, in relation to a
medical practitioner practising in partnership, be construed as referring to
his share of the goodwill of the partnership practice; and

(b)references to medical practitioners whose names were entered on 5th July
1948 on any such list as is referred to therein shall include references to
medical practitioners in practice on that day whose applications for entry on
any such list were received by the Northern Ireland General Health Services
Board before 1st October 1948.

1.(1) There shall continue to be a tribunal (in this Order referred to as "the
Tribunal") for the purposes of inquiring into cases where representations are
made in the prescribed manner to the Tribunal by a Health and Social Services
Board or any other person that the continued inclusion of any person in any
list prepared under Part VI of this Order

(a)of medical practitioners undertaking to provide medical services; or

(b)of dental practitioners undertaking to provide general dental services; or

(c)of medical practitioners undertaking to provide general ophthalmic
services; or

(d)of ophthalmic opticians undertaking to provide general ophthalmic services;
or

(e)of dispensing opticians undertaking to provide general ophthalmic services;
or

(f)of persons undertaking to provide pharmaceutical services;

(2) The provisions of paragraphs 11 to 15 of Part II shall have effect with
respect to the constitution of the Tribunal.

2. The supplementary provisions contained in Part II shall apply in relation
to the Tribunal.

3. The Tribunal, on receiving representations from a Health and Social
Services Board shall, and in any other case may, inquire into the case and, if
it is of opinion that the continued inclusion of the said person in any list
to which the representations relate would be prejudicial to the efficiency of
the said services, shall direct that his name be removed from that list and
may also, if it thinks fit, direct that his name be removed from, or not be
included in, any corresponding list kept by any other Health and Social
Services Board.

4. Any person aggrieved by any direction of the Tribunal under paragraph 3 may
appeal to the [Court of Appeal] in accordance with rules of court; and the
decision given on any such appeal shall be final and conclusive.

5. Where the Tribunal directs that the name of any person be removed from, or
not included in, any list or lists, the Health and Social Services Board or
Boards concerned shall

(a)if an appeal is not brought, upon the expiration of the period within which
an appeal may be brought; or

(b)if an appeal is brought and the direction of the Tribunal is confirmed, on
receiving notice of the decision of the Court;

6. A person so disqualified may, after the expiration of the prescribed period
after the giving, or the confirmation, of any such direction, apply to the
Tribunal for the inclusion of his name in the list or lists from which it has
been so excluded or the restoration of his name to the list or lists from
which it has been so removed; and the refusal of any such application shall be
subject to appeal as if it were a direction given under paragraph 3.

7. A person who is disqualified under [Part II of the National Health Service
Act 1977] or Part IV of the National Health Service (Scotland) Act 1947, or
under any corresponding provision for the time being in force in the Isle of
Man, for inclusion in any list prepared thereunder of persons undertaking to
provide services of one or more than one of the kinds specified in paragraph 1
shall, so long as that disqualification is in force, be disqualified for
inclusion in any list prepared under this Order of persons undertaking to
provide services of that kind or of those kinds, and the name of that person
shall be removed from any such list in which his name is included.

8. Regulations shall make provision

(a)with regard to the procedure for the holding of inquiries by the Tribunal
under this Schedule and, in particular, for securing that any person who is
the subject of any such inquiry shall have an opportunity of appearing, either
in person or by counsel or solicitor or such other representative as may be
prescribed, before, and of being heard by, the Tribunal, and of calling
witnesses and producing other evidence on his behalf; and that the hearing by
the Tribunal shall be in public if the person who is the subject of the
inquiry so requests;

(b)for conferring on the Tribunal such powers as appear to the Ministry to be
necessary for the purpose of holding such inquiries, including power to
require the attendance of witnesses and the production of documents, and to
administer oaths; and

(c)for the publication of the decisions of the Tribunal under this Schedule
and of the imposition and removal of any disqualification imposed by virtue of
paragraph 7.

9. Where immediately before [1st October 1973] any person is disqualified for
inclusion in any list kept by the Northern Ireland General Health Services
Board under Part II of the Health Services Act (Northern Ireland) 1971, he
shall until such time as the Tribunal or, on appeal, the court directs to the
contrary, be disqualified for inclusion in the appropriate list mentioned in
paragraph 1.

10. Where any of the services mentioned in paragraph 1(1)(a) to (f) is
administered pursuant to arrangements made by any Health and Social Services
Board, and that Board is satisfied that any person whose name is on the list
of persons undertaking to provide those services has never provided or has
ceased to provide those services or, where the services he has undertaken to
provide are general medical or general dental services, that he has ceased to
reside in Northern Ireland, it may remove his name from that list.

11. The Tribunal shall consist of a chairman and two other members.

12. The chairman shall be either a barrister-at-law practising in Northern
Ireland or a practising solicitor of the Supreme Court of Judicature of
Northern Ireland of not less than ten years' standing respectively appointed
by the Lord Chief Justice.

13. One of the other members shall be a person appointed by the Minister.

14. The other member (hereinafter referred to as "the practitioner member")
shall be one of a panel of six persons, each being of not less than ten years'
standing in his profession, appointed by the Governor and consisting of a
medical practitioner, a dental practitioner, an ophthalmic medical
practitioner, an ophthalmic optician, a dispensing optician and a pharmacist,
and the practitioner member shall, for the purpose of the investigation of the
case of any person, be such one of the six persons aforesaid as belongs to the
same profession as the person whose case is being investigated.

15. If any of the members of the Tribunal is unable to act in any case, a
deputy may be appointed in like manner as in the case of the appointment of
the member in question, and, if the member was required to possess
professional qualifications, the deputy shall possess the like qualifications.

16. Regulations made under paragraph 8 may make provision with respect to the
appointment, tenure and vacation of office, of members of the Tribunal.

1. Where a medical practitioner was in occupation of any dispensary residence
immediately before the 5th July 1948 and exercised his entitlement under the
proviso to section 19(1)(a) of the Health Services Act (Northern Ireland) 1948
to continue to occupy such residence subject to such conditions as were
determined pursuant to that proviso, and was, by virtue of that entitlement,
in occupation of such residence immediately before the [1st October 1973], he
shall be entitled to continue in occupation of such residence so long as he
continues to comply with those conditions.

2. Notwithstanding anything in any transferred provision, or in any
conveyance, trust deed or other instrument relating to that property, the
Ministry may, subject to such conditions as it may determine, make available
any property to which this Schedule applies (other than property which any
person is entitled, pursuant to paragraph 1, to occupy) to any of the
following persons

(a)medical practitioners, dental practitioners or pharmacists providing
services under Part VI;

(b)the Health and Social Services Boards for the purposes of any of their
functions;

(c)voluntary organisations providing services similar or related to those
provided by the Ministry under this Order.

3. Where the Ministry is satisfied that any property to which this Schedule
applies (other than property which any person is entitled, pursuant to
paragraph 1, to occupy) is no longer required to be made availiable to the
persons mentioned in paragraph 2, the Ministry may, notwithstanding anything
in any transferred provision, or in any conveyance, trust deed or other
instrument relating to that property, but subject to paragraphs 4 and 5 and to
such conditions as it may determine, dispose of that property.

4. The Ministry shall, before disposing of any such property, notify the
district council for the district within which the property is situated of its
intention to do so.

5. If the district council which has been notified pursuant to paragraph 4, by
resolution duly passed and communicated to the Ministry within three months of
the council being so notified, requires the Ministry to do so, the Ministry
shall by order transfer to that council all interests, rights or liabilities
in, or relating to, that property to which the Ministry is entitled or subject
immediately before the making of the order.

6. A district council to which the interests, rights or liabilities in any
property are transferred under paragraph 5 may thereafter use that property
for any of its functions or may dispose of that property.

7. Where, under paragraph 3 or 6, any property is disposed of by the Ministry
or a district council, any proceeds of such disposal shall be paid to or, as
the case may be, retained by the district council in whose district the
property is situated.

8. Any district council by which any money is received under paragraph 7 in
pursuance of a disposal shall apply that money towards the relief of rates.

1. An order under Article 76(1) may include provision

(a)for the manner in which it is to be determined whether any assets or
liabilities were held, acquired or incurred wholly or mainly for health or
welfare purposes as mentioned in Article 75(1)(d)(ii);

(b)for the transfer of property to the Ministry where that property has
undergone a change of use between 9th March 1972 and [1st October 1973],
otherwise than in the ordinary course of business;

(c)for exempting, either temporarily or otherwise, from the provisions of
Article 75 any property, other assets or liabilities, for enabling the
Ministry to use any property so exempted or for enabling a body assuming
functions of a local authority to continue to use, on such terms and
conditions as may be agreed, any property transferred under Article 75;

(d)for the determination of any question or disputes arising under Article 75
or under an order made under Article 76;

(e)for such of the assets (other than property) and liabilities specified in
the order to be enforceable, notwithstanding Article 75, by or against such
Health and Social Services Board as may be specified, the Agency or the Staffs
Council;

(f)for temporary modifications of this Order or for modifying or repealing any
other transferred provision passed or made before [1st October 1973] (not
including such a provision contained in this Order);

(g)in connection with the dissolution of the bodies mentioned in Article 74
and the winding-up of their affairs, including provision for securing that
anything done by or to such a body should have effect as if done by or to a
body established under this Order;

(h)for the carrying on and completion by or on behalf of the bodies mentioned
in Article 74 of anything (including any legal or parliamentary proceeding)
commenced by or on behalf of those bodies before [1st October 1973];

(i)for construing, so far as may be necessary for the purposes of Article 74
or in consequence of an order made under Article 76(1), references in any
transferred provision or in any judgement, decree, order or warrant of any
court, or in any award, deed, contract or other document to any of the bodies
mentioned in Article 74 as references to any other body;

(j)for the application, defrayal, apportionment or adjustment of assets,
liabilities, income or costs, for the inclusion or exclusion for purposes of
such application, defrayal, apportionment or adjustment of any item which the
Ministry may think proper to include or exclude, and for the continuance of,
or of functions of, any of the bodies mentioned in Article 74 and the
continuance in office of any member or officer of that body, as if the body
had not been dissolved, for purposes of such application, defrayal,
apportionment or adjustment or for purposes of the making up and audit of
accounts and any proceedings in connection therewith or consequent thereupon;

(k)for dealing with any applications, complaints or representations made to or
by any body mentioned in Article 74 which are pending on [1st October 1973];

(l)for the transfer of persons from lists of the Northern Ireland General
Health Services Board to lists of Health and Social Services Boards or the
removal of persons from such lists in pursuance of a direction made before
[1st October 1973] by the Tribunal within the meaning of the Health Services
Act (Northern Ireland) 1971.

2. Where an order makes provision as mentioned in paragraph 1(f) the order
shall be subject to affirmative resolution.

1. Any endowment to which this Schedule applies shall, notwithstanding
anything contained in any enactment or rule of law, be applied and used by the
Health and Social Services Board

(a)firstly, in the discharge, to the extent to which the endowment could,
immediately before 5th July 1948, have been lawfully applied and used for that
purpose, of so much of the liabilities transferred to the management committee
under section 25(3), (4) and (7) of the Health Services Act (Northern Ireland)
1948 as may be prescribed;

(b)secondly, subject to paragraph 2, for such the purposes to which it could,
immediately before 5th July 1948, have been lawfully applied or used as the
Health and Social Services Board may think proper.

2. Where the Health and Social Services Board is satisfied that it has become
impracticable or unnecessary to apply and use the endowment in accordance with
paragraph 1(b), that Board may, notwithstanding anything contained in the
trusts upon which the endowment is held, apply and use the capital or income
of the whole or any part of the endowment for such of the purposes connected
with the hospital as it may think proper.

1. Regulations made with the approval of the Ministry of Finance may provide

(a)for the making and, subject to the provisions of paragraphs 3 and 4, the
recovery, in such manner as may be prescribed, of

(i)such charges as may be prescribed in respect of such services provided
under this Order as may be prescribed;

(ii)charges, other than charges under Article 61(2)(d) or 62(2)(e), in respect
of the extra expense involved in the supply, at the request of the person
supplied, of any appliance or vehicle which is of a more expensive type than
that which would normally be supplied, or the replacement or repair of any
such appliance, or, as the case may require, the replacement, repair or
maintenance of any such vehicle; or

<(iii)charges, other than charges under Article 61(2)(d) or 62(2)(e), in respect of the replacement of any appliance or vehicle supplied, the repair of any appliance supplied or the repair or maintenance of any vehicle supplied, if it is determined in the prescribed manner that the replacement, repair or maintenance, as the case may be, is necessitated by an act or omission of the person supplied or (if it occurred when he was under sixteen years of age) of his or of the person having charge of him when it occurred;


(b)for the remission or repayment of any such prescribed charge in respect of
such persons or classes of persons as may be prescribed;

(c)for the grant, on payment of such sums as may be prescribed, of
certificates conferring on the persons to whom the certificates are granted
exemption from charges otherwise exigible under the regulations in respect of
drugs, medicines and appliances supplied during such period as may be
prescribed.

2. Regulations made under paragraph 1 may provide that sums which would
otherwise be payable by the Health and Social Services Boards to persons by
whom any services are provided are to be reduced by the amount of the charges
prescribed in respect of those services.

3. Subject to paragraph 4, any charges under this Order shall, without
prejudice to any other method of recovery, be a debt recoverable summarily.

4. Any person entitled to recover charges under this Order may, by agreement
with the governing body of any association or fund established for the purpose
of providing benefits to members or other beneficiaries thereof, accept from
the association or fund, in respect of any charges payable under this Order by
or in respect of any member or beneficiary of the association or fund, payment
of such sums as may be provided by the agreement in lieu of recovering the
whole or any part of such charges from, or from the estate of, such member or
beneficiary or from any person liable therefor.

5. If, whether fraudulently or otherwise, any person misrepresents or fails to
disclose any material fact and, in consequence of the misrepresentation or
failure the Ministry incurs any expenditure under this Order or the amount of
that expenditure shall be a debt recoverable summarily from that person.

6. If any person, for the purpose of obtaining, either for himself or for
another person, any benefit under this Order or for the purpose of avoiding
any liability or evading the payment of any charge under this Order of
reducing any such liability or the amount of any such charge,

(a)knowingly makes any false statement or false representation; or

(b)produces or furnishes, or causes or knowingly allows to be produced or
furnished, any document or information which he knows to be false in a
material particular;

7. Notwithstanding any provision in any Act prescribing the period within
which summary proceedings may be commenced, proceedings for an offence under
paragraph 6 may be commenced at any time within the period of three months
from the date on which evidence sufficient to justify a prosecution for the
offence came to the knowledge of the Ministry, or within the period of twelve
months after the commission of the offence, whichever period last expires.

8. For the purposes of paragraph 7, a certificate of the Ministry as to the
date on which such evidence as is referred to in that paragraph came to the
knowledge of the Ministry shall be evidence of that date.

9. Without prejudice to any other provision of this Schedule, it shall be
lawful for the Ministry to require any person, for whom the Ministry is
providing services under this Order as an in-patient in hospital and who is
absent during the day from the hospital where he is a patient for the purpose
of engaging in employment for which he is remunerated, to pay such part of the
cost of his maintenance in the hospital, and any costs incidental thereto, as
may seem to the Ministry to be reasonable having regard to the amount of the
remuneration, and the provisions of this Schedule with respect to the recovery
of charges shall apply to the recovery of any payment so required.

10. Nothing in Article 98(1) shall operate to restrict the making of provision
under this Schedule for the making and recovery of charges or payments in
respect of any accommodation or services provided under this Order.

Schedule 16Amendments

1.(1) The repeal by this Order of paragraph 2(1) of Schedule 11 to the Health
Services Act (Northern Ireland) 1971 shall not, except to such extent as may
be provided for under sub-paragraph (2) of this paragraph, affect the status,
as an exempted hospital, of any hospital in respect of which an order was made
under section 23(8) of the Health Services Act (Northern Ireland) 1948.

(2) Notwithstanding the repeal by this Order of paragraph 2(2) of Schedule 11
to that Act of 1971, arrangements may be made with the governing body of the
hospital to which an order under section 23(8) of that Act of 1948 related for
the hospital to be treated as a hospital for the purposes of all or any of the
provisions of this Order.

2. The repeal by this Order of paragraph 2 of Schedule 11 to the Health
Services Act (Northern Ireland) 1971 shall not affect the liability of any
person to repay any amount due, or which may become due, under a loan made
under section 6 of the Health Services Act (Northern Ireland) 1958, or affect
the terms and conditions of a loan so made.

3. The repeal of any enactment by this Order or by any enactment repealed by
this Order shall not affect any allowances, pension or gratuity granted under,
or any right to compensation accrued or accruing by virtue of, any such
enactment before the repeal of that enactment became effective.

4. The Belfast City Council may exercise the power conferred on the Lord
Mayor, Aldermen and Citizens of the City of Belfast by section 24(1) of and
Schedule 3 to, the Health Services Act (Northern Ireland) 1948 and may do so
notwithstanding the repeal of section 75 of the Health Services Act (Northern
Ireland) 1971.

5.(1) Where

(a)in accordance with any enactment mentioned in sub-paragraph (4),
compensation has been awarded to any officer in respect of his removal from or
relinquishment of office;

(b)that officer subsequently becomes entitled (whether by virtue of any
enactment or otherwise) to a superannuation allowance in respect of any office
which he has accepted after the date of such removal or relinquishment; and

(c)in the calculation of the amount of such allowance, account has been taken
of any period of service in respect of which such compensation is payable;

(i)shall cease to be payable if it does not exceed such part of the
superannuation allowance as is attributable solely to that period of service;

(ii)shall, if it exceeds such part so attributable, be reduced by an amount
equal to that part.

(2) If a person receiving compensation under any enactment mentioned in
sub-paragraph (4)

(a)obtains any office under any local or public body; or

(b)receives, by virtue of this Order or of anything done in pursuance of this
Order, any increase in the remuneration of the office held by him at the date
at which the compensation was assessed;

(3) The Ministry may, on the application of the person concerned or of the
body by which the compensation is payable, direct that the operation of
sub-paragraph (1) or, as the case may be, sub-paragraph (2), in relation to
that person, shall be modified so far as is, in the opinion of the Ministry,
necessary in order equitably to meet the circumstances of the case.

(4) The enactments referred to in sub-paragraphs (1)(a) and (2) are

(a)Schedule 3 to the Public Health (Tuberculosis) Act (Northern Ireland) 1946,
both as originally enacted and as applied by section 2 of the Health Services
Act (Northern Ireland) 1958; and

(b)Schedule 6 to the Health Services Act (Northern Ireland) 1948.

(5) If a person receiving compensation under Schedule 4 to the Public Health
and Local Government (Administrative Provisions) Act (Northern Ireland) 1946

(a)obtains any office under the Crown or under any local or other public
authority; or

(b)receives, by virtue of this Order or of anything done in pursuance of or in
consequence of this Order, any increase of the emoluments of that office held
by him;

(6) In this paragraph

(a)in sub-paragraph (2)(a), "local or public body" includes any authority or
body specified in paragraph 1 of Schedule 1 to the Government Loans Act
(Northern Ireland) 1957 as an authority or body to whom government loans may
be made by the Ministry of Finance under section 2 of that Act;

(b)in sub-paragraph (5), "local authority" and "emoluments" have the same
meanings as in section 29 of and paragraph 17 of Schedule 4 to, the Public
Health and Local Government (Administrative Provisions) Act (Northern Ireland)
1946 and "local authority" also includes a district council or a joint
committee of district councils.

Para.6 rep. by 1978 NI 15 art.63(b) sch.5

7.(1) The repeal of paragraph 1 of Schedule 3 to the Welfare Services Act
(Northern Ireland) 1971 shall not affect any power of the Ministry of
Development to dispose of, in accordance with the provisions of section 3 of
the Welfare Services Act (Northern Ireland) 1949, any former workhouse
property still held by that Ministry at the commencement of this Order.

(2) In this paragraph, "former workhouse property" means any land (not being
property which was subject to the provisions of section 23(2) or (3A) of the
Health Services Act (Northern Ireland) 1948) which was, immediately before the
20th January 1949, held by the Ministry of Health and Local Government under
any of the provisions of the Poor Relief Acts (Northern Ireland) 1838 to 1937.

8. Where immediately before [1st October, 1973] a hospital order or a
guardianship order made under Part III of the Mental Health Act is in force by
virtue of which a person is committed to the care of the Northern Ireland
Hospitals Authority or the guardianship of a management committee the order
shall have effect on and after [1st October, 1973] as if it committed him to
the care of the Ministry or, as the case may be, the guardianship of a Health
and Social Services Board.

9.(1) Where immediately before [1st October, 1973]

(a)a parental rights order made under Part VI of the Children and Young
Persons Act (Northern Ireland) 1968 is in force by virtue of which the rights
and powers of a child's parents are vested in the welfare authority; or

(b)an order made under the said Act of 1968 is in force by virtue of which a
child or young person is committed to the care of a welfare authority as being
a fit person;

(2) Where under section 103 of the said Act of 1968 a child was received into
the care of a welfare authority before [1st October, 1973] and is in their
care immediately before that date he shall on and after that date be deemed to
have been received into the care of the Ministry of Home Affairs.

10. Nothing in this Order shall affect the provisions of sections 28 and 29 of
the Interpretation Act (Northern Ireland) 1954 (effect of repeals and of
substituting provisions).

Schedule 18Repeals

1948 c.3

1946 c.19

1957 c.10

1946 c.19

1971 c.2

1949 c.1

1948 c.3

1968 c.34

1954 c.33

© 1972 Crown Copyright

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