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Statutory Rules of Northern Ireland


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STATUTORY RULES OF NORTHERN IRELAND


2006 No. 292

HEALTH AND PERSONAL SOCIAL SERVICES

The Belfast Health and Social Services Trust (Establishment) Order (Northern Ireland) 2006

  Made 22nd June 2006 
  Coming into operation 1st August 2006 

The Department of Health, Social Services and Public Safety[1] makes the following Order in exercise of the powers conferred by Article 10(1) of, and paragraphs 3, 3A, 4 and 5 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991[2].

     In accordance with Article 10(2) of that Order it has consulted with Health and Social Services Councils and such other persons and bodies as the Department considered appropriate.

Citation, commencement and interpretation
     1. —(1) This Order may be cited as the Belfast Health and Social Services Trust (Establishment) Order (Northern Ireland) 2006 and shall come into operation on 1st August 2006.

    (2) In this Order—

Establishment of the trust
     2. There is established an HSS trust which shall be called the Belfast Health and Social Services Trust.

Nature and functions of the trust
    
3. —(1) The trust is established for the purposes specified in Article 10(1) of the Order.

    (2) The trust's functions (which include functions which the Department considers appropriate in relation to the provision of services by the trust for one or more relevant bodies) shall be—

Operational area of the trust
    
4. The operational area of the trust shall be—

Directors of the trust
    
5. —(1) The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.

    (2) Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 3 to the Order one of the non-executive directors shall be appointed from the Queen's University of Belfast.

Operational date of the trust
    
6. The operational date of the trust shall be 1st April 2007.

Limited functions before operational date
    
7. Between its establishment date and operational date, the trust shall have the functions of doing such things as are reasonably necessary for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date including—

Assistance by a relevant body before operational date
    
8. —(1) The Agency shall discharge the liabilities of the trust, reasonably incurred between the establishment date and the operational date, that are of a description specified in paragraph (2).

    (2) The liabilities referred to in paragraph (1) are—



Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on


22nd June2006

L.S.


Denis McMahon
A senior officer of the Department of Health, Social Services and Public Safety


SCHEDULE
Article 4


Operational Area




PART I

Statutory Provision Relevant Function
Children (Northern Ireland) Order 1995[4] All relevant functions
Health and Personal Social Services (Northern Ireland) Order 1972[5] All relevant functions
Chronically Sick and Disabled Persons (Northern Ireland) Act 1978[6] All relevant functions
Matrimonal Causes (Northern Ireland) Order 1978[7] All relevant functions
Domestic Proceedings (Northern Ireland) Order 1980[8] All relevant functions
Mental Health (Northern Ireland) Order 1986[9] All relevant functions
Adoption (Northern Ireland) Order 1987[10] All relevant functions
Disabled Persons (Northern Ireland) Act 1989[11] All relevant functions



PART II

Statutory Provision Relevant Function
Children (Northern Ireland) Order 1995 Articles 21, 23, 26, 27, 32, 54, 66 and Schedule 3
Health and Personal Social Services (Northern Ireland) Order 1972 Relevant functions under Articles 14A, 15, 36, 38(3) and (4), 99,101, 101A and paragraphs 8 and 9 of Schedule 6
Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 Relevant functions under section 2(c) (d) and (f)
Mental Health (Northern Ireland) Order 1986 Relevant functions under Articles 8(1), 15(3), 22(1), 28(1) and (5), 29(1) and (2), 42(4), 43(3), 44(5), 45(3), 79(3), 129(1) and (2), 131 and 132
Adoption (Northern Ireland) Order 1987 Relevant functions under Articles 11(1), 13(3)(a), 24, 31 and 32



PART III

Statutory Provision Relevant Function
Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 Relevant functions under section 12(1)
Mental Health (Northern Ireland) Order 1986 All relevant functions except those under Articles 18 to 26, 28(5)(a), 29(2), 44(1)(b) and 46(5)



EXPLANATORY NOTE

(This note is not part of the Order)


This Order establishes the Belfast Health and Social Services Trust, an HSS trust provided for in Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991.

The Order provides for the functions of the trust both before (Article 7) and after (Article 3) its operational date (the date on which it assumes all its functions). The functions include the exercise of relevant statutory functions which may be delegated to the trust by Health and Social Services Boards by virtue of authorisations made under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994. Article 4 and the Schedule specify the operational areas within which the trust may exercise the delegated functions.

The Order also specifies the operational date of the trust (Article 6) and specifies that between the dates that the new trust is established and becomes operational, its liabilities will be discharged by the Agency (Article 8).


Notes:

[1] Formerly the Department of Health and Social Services. See S.I. 1999/283 (N.I. 1) Article 3(6)back

[2] S.I. 1991/194 (N.I. 1); Article 10 and Schedule 3 were amended by S.I. 1994/429 (N.I. 2) and 2001c3 (N.I.)back

[3] S.I. 1994/429 (N.I. 2); the relevant functions are specified in S.R. 1994 No. 64 as amended by S.R. 1996 No. 439 and S.R. 2003 No. 200back

[4] S.I. 1995/755 (N.I. 2)back

[5] S.I. 1972/1265 (N.I. 14)back

[6] 1978 c. 53back

[7] S.I. 1978/1045 (N.I.15)back

[8] S.I. 1980/563 (N.I. 5)back

[9] S.I. 1986/595 (N.I. 4)back

[10] S.I. 1987/2203 (N.I.22)back

[11] 1989 c. 10back



ISBN 0 337 96578 1


 © Crown copyright 2006

Prepared 10 July 2006


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