SCHEDULES

Article 4(2).

SCHEDULE 1N.I.HEALTH AND SOCIAL SERVICES COUNCILS

1.  It is the duty of a Health and Social Services Council (in this Schedule referred to as a “Council”)—

(a)to represent the interests of the public in the health and personal social services in the Council's area;

(b)to perform such other functions as may be conferred on it by virtue of paragraph 2.

2.  Regulations may make provision as to—

(a)the membership of Councils (including the appointment or election of a chairman of each Council);

(b)the proceedings of Councils;

(c)the appointment and proceedings of committees of Councils;

(d)the staff, premises and expenses of Councils;

(e)the consultation of Councils by Health and Social Services Boards, special agencies and HSS trusts with respect to such matters, and on such occasions, as may be prescribed;

(f)the furnishing of information to Councils by Health and Social Services Boards, special agencies and HSS trusts on such subjects and subject to such conditions as may be prescribed;

(g)the right of members of Councils to enter and inspect premises controlled by Health and Social Services Boards, special agencies[F1 HSS trusts and persons providing primary medical services under Part II or Part VI of the principal Order], subject to such conditions as may be prescribed;

(h)the consideration by Councils of matters relating to the operation of health and personal social services within their areas, and the giving of advice by Councils to Health and Social Services Boards and special agencies on such matters;

(i)the preparation and publication of reports by Councils on such matters, and the furnishing and publication by Health and Social Services Boards and special agencies of comments on the reports;

(j)the functions to be exercised by Councils in addition to the functions exercisable by them by virtue of paragraph 1(a) and the preceding provisions of this paragraph;

(k)the collaboration by Councils with each other in the exercise of their functions;

(l)such other matters in connection with Councils as the Department thinks fit.

3.  Regulations made under paragraph 2(a) shall provide for the members of Councils to be appointed by the Department and shall secure, as respects each Council, that—

(a)at least one member of the Council is so appointed on the nomination of each district council of which the area or part of it is included in the Council's area;

(b)the other members of the Council are so appointed in such manner and after such consultation as may be prescribed.

4.  Nothing in paragraph 3 affects the validity of anything done by or in relation to a Council during any period during which, by reason of a vacancy in the membership of the Council or a defect in the appointment of a member of it, a requirement included in regulations in pursuance of that paragraph is not satisfied.

5.  References in this Schedule to the area of a Council are references to the area for which the Council is established.

Article 7(2).

SCHEDULE 2N.I.PROVISIONS ARISING OUT OF REMOVAL OF CROWN IMMUNITIES FROM HEALTH AND SOCIAL SERVICES BODIES

PART IIN.I.TRANSITIONAL PROVISIONS

4.  In this Part—

• “the appointed day” means the day appointed for the coming into operation of paragraph (1) of Article 7;

• “health and social services body” has the same meaning as in that Article.

The Medicines Act 1968 (c. 67)N.I.

5.—(1) In any case where—

(a)before the appointed day, a health and social services body or an HSS trust has made an application for a licence under Part II of the Medicines Act 1968 or any such application as is referred to in section 36 of that Act (applications for clinical trial and animal test certificates), and

(b)the application was accompanied by a declaration under head (a) or head (b) of sub-paragraph (2), and

(c)the application has not been determined before the appointed day,

then, on and after the appointed day and until the application is determined, the health and social services body or HSS trust concerned shall be treated for all purposes as if it held a licence or, as the case may be, a certificate of the description applied for.

(2) The declarations referred to in sub-paragraph (1)(b) are,—

(a)in the case of a health and social services body, that, at the date of the application, the body was carrying on activities which, after the appointed day, it would be unlawful to carry on except in accordance with a licence or certificate of the description applied for; and

(b)in the case of an HSS trust, that the trust has been established to assume responsibility for the ownership and management of a hospital or other establishment or facility and, at the date of the application, a health and social services body was carrying on at that hospital, establishment or facility activities which it is unlawful for the HSS trust to carry on except in accordance with a licence or certificate of the description applied for.

(3) For the purposes of sub-paragraph (1), an application is determined when the licensing authority—

(a)grant a licence or, as the case may be, certificate to the applicant (whether or not in accordance with the application); or

(b)notify the applicant of their refusal to grant a licence or certificate on the application.

(4) Expressions used in sub-paragraphs (1) to (3) have the same meaning as in sections 18 to 22 of the Medicines Act 1968 (applications for, and grant of, licences), including, where applicable, any of those sections as applied by subsection (3) of section 36 of that Act in relation to applications falling within subsection (1) of that section.

The Planning (Northern Ireland) Order 1972 (NI 17)N.I.

6.—(1) This paragraph applies if—

(a)before the appointed day, notice of any proposed development has been given to the Department of the Environment in accordance with arrangements relating to development by government departments; and

(b)the development relates to land which, at the time the notice was given, fell within Article 7(1)(a) or (b); and

(c)the proposed development has not been carried out before the appointed day.

(2) So far as relates to the carrying out of the development of which notice was given as mentioned in sub-paragraph (1)(a), for the purposes of the arrangements so mentioned and of the Planning (Northern Ireland) Order 1972,—

(a)the carrying out of the development shall continue to be regarded as being by or on behalf of the Crown; and

(b)so long as the interest of the Department in the land referred to in sub-paragraph (1)(b) continues on and after the appointed day to be held in fact by the Department or an HSS trust, that interest shall be regarded as continuing to be an interest of, or held on behalf of, the Crown.

(3) Expressions used in sub-paragraphs (1) and (2) have the same meaning as in the Planning (Northern Ireland) Order 1972.

The Rent (Northern Ireland) Order 1978 (NI 20)N.I.

7.—(1) This paragraph applies to a tenancy—

(a)which was entered into before the appointed day; and

(b)which is of land which, immediately before the appointed day, was land falling within Article 7(1)(a) or (b).

(2) If and so long as the interest of the landlord under a tenancy to which this paragraph applies continues on and after the appointed day to belong in fact either to the Department or to an HSS trust, it shall be taken to belong to a government department for the purposes of Article 5(7)(b) of the Rent (Northern Ireland) Order 1978 (tenancy where landlord is government department not to be protected tenancy).

(3) Expressions used in sub-paragraphs (1) and (2) have the same meaning as in the Rent (Northern Ireland) Order 1978.

The Building Regulations (Northern Ireland) Order 1979 (NI 16)N.I.

8.—(1) If, immediately before the appointed day, approved work is proposed to be carried out by or on behalf of a Crown authority (whether or not in relation to a Crown building) the fact that, on or after the appointed day, the work may be carried out by or on behalf of a health and social services body or an HSS trust shall not prevent it continuing to be regarded for the purposes of the Building Regulations (Northern Ireland) Order 1979 as work carried out by a Crown authority.

(2) Subject to sub-paragraph (3), expressions used in sub-paragraph (1) have the same meaning as in Article 22 of the Building Regulations (Northern Ireland) Order 1979 (application to Crown).

(3) Any reference in sub-paragraph (1) to approved work is a reference to work in respect of which, before the appointed day, either a contract for carrying it out was entered into or all necessary design certificates were signed in accordance with arrangements relating to compliance with the substantive requirements of building regulations by Crown authorities.

The Fire Services (Northern Ireland) Order 1984 (NI 11)N.I.

9.—(1) Without prejudice to the continuing validity on and after the appointed day of any fire certificate issued before that day in accordance with Article 49(3) of the Fire Services (Northern Ireland) Order 1984 (certain functions in relation to premises occupied or owned by the Crown exercisable by the Department of Economic Development instead of by the Fire Authority for Northern Ireland), any application made, notice issued or other thing done before the appointed day to or by the Department of Economic Development, or a person authorised by it, in relation to premises held, used or occupied by a health and social services body, shall be treated on and after that day as if made, issued or done to or by the Fire Authority for Northern Ireland, or an authorised member of the fire brigade.

(2) Expressions used in sub-paragraph (1) have the same meaning as in the Fire Services (Northern Ireland) Order 1984.

Article 10.

SCHEDULE 3N.I.HEALTH AND SOCIAL SERVICES TRUSTS

PART IN.I.ORDERS UNDER ARTICLE 10(1)

1.  Any reference in this Part to an order is a reference to an order under Article 10(1) establishing an HSS trust or any subsequent order under that provision amending or revoking a previous order.

2.  The provisions made by an order shall be in conformity with any general provision made by regulations under Article 10(6).N.I.

3.—(1) Without prejudice to any amendment made by a subsequent order, the first order to be made in relation to any HSS trust shall specify—

(a)the name of the trust;

(b)the functions of the trust;

(c)the number of executive directors and non-executive directors;

(d)where the trust is to be regarded as having a significant teaching commitment, a provision to secure the inclusion in the non-executive directors referred to in head (c) of a person appointed from a university with a medical or dental school specified in the order;

(e)the operational date of the trust, that is to say, the date on which the trust is to begin to undertake the whole of the functions conferred on it; and

(f)if a scheme is to be made under Article 11, the relevant body which is to make the scheme.

(2) For the purposes of sub-paragraph (1)(d), an HSS trust is to be regarded as having a significant teaching commitment in the following cases—

(a)if the trust is established to[F2 provide services at] a hospital or other establishment or facility which, in the opinion of the Department, has a significant teaching and research commitment; and

(b)in any other case, if the Department so provides in the order.

(3) In a case where the order contains a provision made by virtue of sub-paragraph (1)(d) and a person who is being considered for appointment by virtue of that provision—

(a)is employed by the university in question, and

(b)would also, apart from this sub-paragraph, be regarded as employed by the trust,

his employment by the trust shall be disregarded in determining whether, if appointed, he will be a non-executive director of the trust.

[F33A.  An order made in relation to an HSS trust shall, if the trust is to exercise functions on behalf of a Health and Social Services Board by virtue of an authorisation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994, specify the operational area of the trust, that is to say, the area in relation to which those functions are to be exercisable.]

4.—(1) An order may require a relevant body to make staff, premises and other facilities available to an HSS trust pending the transfer or appointment of staff to or by the trust and the transfer of premises or other facilities to the trust.

(2) An order making provision under this paragraph may make provision with respect to the time when the relevant body's functions under the provision are to come to an end.

5.—(1) An order may provide for the establishment of an HSS trust with effect from a date earlier than the operational date of the trust and, during the period between that earlier date and the operational date, the trust shall have such limited functions for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date as may be specified in the order.

(2) If an order makes the provision referred to in sub-paragraph (1), then, at any time during the period referred to in that sub-paragraph, the HSS trust shall be regarded as properly constituted (and may carry out its limited functions accordingly) notwithstanding that, at that time, all or any of the executive directors have not yet been appointed.

(3) If an order makes the provision referred to in sub-paragraph (1), the order may require a relevant body to discharge such liabilities of the HSS trust as—

(a)may be incurred during the period referred to in that sub-paragraph; and

(b)are of a description specified in the order.

PART IIN.I.DUTIES, POWERS AND STATUS

[F4Specific dutiesN.I.

6.—(1) An HSS trust shall carry out effectively, efficiently and economically the functions for the time being conferred on it by an order under Article 10(1) and by the provisions of this Schedule.

(2) An HSS trust shall comply with any directions given to it by the Department about the exercise of the trust's functions.

(3) Any directions under this paragraph with respect to—

(a)the power conferred on an HSS trust by paragraph 1 of Schedule 4; or

(b)the maximum amount which an HSS trust may invest in any investments or class of investments,

may be given only with the consent of the Department of Finance and Personnel.]

7.—(1) For each financial year an HSS trust shall prepare and send to the Department an annual report in such form as may be determined by the Department.

(2) At such time or times as may be prescribed, an HSS trust shall hold a public meeting at which its audited accounts and annual report shall be presented.

(3) In such circumstances and at such time or times as may be prescribed, an HSS trust shall hold a public meeting at which such documents as may be prescribed shall be presented.

8.  An HSS trust shall furnish to the Department such reports, returns and other information, including information as to its forward planning, as, and in such form as, the Department may require.

9.—(1) An HSS trust shall be liable to pay—

(a)to the chairman and any non-executive director of the trust remuneration of an amount determined by the Department, not exceeding such amount as may be approved by the Department of Finance and Personnel;

(b)to the chairman and any non-executive director of the trust such travelling and other allowances as may be determined by the Department with the approval of the Department of Finance and Personnel;

(c)to any member of a committee or sub-committee of the trust who is not also a director such travelling and other allowances as may be so determined.

(2) If an HSS trust so determines in the case of a person who is or has been a chairman of the trust, the trust shall be liable to pay such pension, allowances or gratuities to or in respect of him as may be determined by the Department with the approval of the Department of Finance and Personnel.

(3) Different determinations may be made under sub-paragraph (1) or sub-paragraph (2) in relation to different cases or descriptions of cases.

Specific powersN.I.

10.  In addition to carrying out its other functions, an HSS trust may enter into HSS contracts.

11.  An HSS trust may undertake and commission research and make available staff and provide facilities for research by other persons.

12.  An HSS trust may—

(a)provide training for persons employed or likely to be employed by the trust or otherwise in the provision of services under the principal Order; and

(b)make facilities and staff available in connection with training by a university or any other body providing training in connection with the health and personal social services.

13.  An HSS trust may enter into arrangements for the carrying out, on such terms as seem to the trust to be appropriate, of any of its functions[F6 (other than functions exercisable on behalf of a Health and Social Services Board by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994)] jointly with any relevant body, with another HSS trust or with any other body or individual.

14.  According to the nature of its functions, an HSS trust may make accommodation or services or both available for persons who give undertakings (or for whom undertakings are given) to pay, in respect of the accommodation or services (or both), such charges as the trust may determine.

15.  For the purpose of making additional income available in order better to perform its functions, an HSS trust shall have the powers specified in Article 3(2) of the Health and Medicines (Northern Ireland) Order 1988F7 (extension of powers of the Department for financing health services).

General powersN.I.

16.—[F8(1)] Subject to Schedule 4, an HSS trust shall have power to do anything which appears to it to be necessary or expedient for the purpose of or in connection with the discharge of its functions, including in particular power—

(a)to acquire and dispose of land and other property;

(b)to enter into such contracts as seem to the trust to be appropriate;

(c)to accept gifts of money, land or other property, including money, land or other property to be held on trust for the general or any specific purposes of the HSS trust (including the purposes of any specific hospital or other establishment or facility[F8 at or from which services are provided] by the trust);

[F8(2) An HSS trust may employ such staff at it thinks fit.

(3) Subject to any directions given by the Department under paragraph 6, an HSS trust may—

(a)pay its staff such remuneration and allowances; and

(b)employ them on such other terms and conditions,

as it thinks fit.]

17.—(1) Without prejudice to the generality of paragraph 16, to or in respect of such of its employees as it may determine, an HSS trust may make such arrangements for providing pensions, allowances or gratuities as it may determine; and such arrangements may include the establishment and administration, by the trust or otherwise, of one or more pension schemes.

(2) The reference in sub-paragraph (1) to pensions, allowances or gratuities to or in respect of employees of an HSS trust includes a reference to pensions, allowances or gratuities by way of compensation to or in respect ofany of the trust's employees who suffer loss of office or employment or loss or diminution of emoluments.

StatusN.I.

18.  An HSS trust shall not be regarded as the servant or agent of the Crown or, except as provided by this Order or the Health and Personal Social Services (Northern Ireland Consequential Amendments) Order 1991F9 , as enjoying any status, immunity or privilege of the Crown; and an HSS trust's property shall not be regarded as property of, or property held on behalf of, the Crown.

PART IIIN.I.SUPPLEMENTARY PROVISIONS

Re-imbursement for health and personal social services work carried out otherwise than under HSS contractN.I.

19.—(1) In any case where an HSS trust provides goods or services for the benefit of an individual and—

(a)the provision of those goods or services is not pursuant to an HSS contract, and

(b)the condition of the individual is such that he needs those goods or services and, having regard to his condition, it is not practicable before providing them to enter into an HSS contract for their provision, and

(c)the provision of those goods or services—

(i)is within the primary functions (as defined in Article 9(5)) of a Health and Social Services Board or special agency or of[F10 a Health Authority or Special Health Authority] within the meaning of the National Health Service Act 1977F11, or

(ii)is a function of a Health Board within the meaning of the National Health Service (Scotland) Act 1978F12,

the trust shall be remunerated by that Health and Social Services Board, special agency,[F10 Health Authority, Special Health Authority] or Health Board in respect of the provision of the goods or services in question.

(2) The rate of any remuneration payable by virtue of sub-paragraph (1) shall be calculated in such manner or on such basis as may be determined by the Department.

20.  In any case where an HSS trust provides goods or services for the benefit of an individual and—

(a)the provision of those goods or services is not pursuant to an HSS contract, and

(b)the individual is resident outside the United Kingdom and is of a description (being a description associating the individual with another country) specified for the purposes of this paragraph by a direction made by the Department,

the trust shall be remunerated by the Department in respect of the provision of the goods or services in question at such rate or rates as the Department considers appropriate.

Compulsory acquisitionN.I.

21.—(1) An HSS trust may, for the purposes of its functions, acquire land compulsorily.

(2) Where an HSS trust desires to acquire land compulsorily it may apply to the Department for an order (in this paragraph referred to as a “vesting order”) vesting the land in the HSS trust and the Department may make a vesting order.

(3) Schedule 6 to the Local Government (Northern Ireland) Act 1972F13 shall, subject to the modifications specified in sub-paragraph (6), apply for the purposes of the acquisition of land by means of a vesting order made under this paragraph in the same manner as it applies to the acquisition of land by means of a vesting order made under that Act.

(4) The power to make a vesting order under this paragraph in respect of land—

(a)which is the property of any public body which has power under any transferred provision to acquire land compulsorily; or

(b)which is declared by or under any transferred provision to be inalienable;

shall not, where representations objecting to the proposal for making the order have been duly made by the owner of the land and have not been withdrawn, be exercised in relation to that land unless the proposal has been approved by a resolution of the Assembly.

(5) Nothing in this paragraph shall authorise the acquisition, without the consent of the Department of the Environment, of any land on or in which there is to the knowledge of the Department any historic monument or archaeological object within the meaning of the Historic Monuments Act (Northern Ireland) 1971F14.

(6) The modifications of Schedule 6 to the Local Government (Northern Ireland) Act 1972F15 referred to in sub-paragraph (3) are the following—

(a)for any reference to a council or the council or the clerk of the council there shall be substituted a reference to an HSS trust or the HSS trust or the chief officer of the HSS trust respectively;

(b)for any reference to the Ministry concerned there shall be substituted a reference to the Department;

(c)for any reference to that Act there shall be substituted a reference to this Order;

(d)any references to that Schedule shall be construed as references to that Schedule as modified by this sub-paragraph;

(e)for any reference to a matter prescribed by regulations made by the Department of the Environment there shall be substituted a reference to a matter prescribed by regulations made by the Department of Health and Social Services;

(f)in paragraphs 2(c) and 5(2) for the words “as may be prescribed” there shall be substituted the words “ as appear to the HSS trust to have an interest in the matter ”;

(g)paragraph 19 shall be omitted.

(7) Where an HSS trust proposes to acquire land compulsorily under this paragraph, a person authorised in writing by the HSS trust may, on production if required of his credentials, at any reasonable time enter that land for the purpose of survey, valuation or examination.

(8) Paragraphs (2) to (8) of Article 49 of the principal Order shall apply in relation to the exercise of the power conferred by sub-paragraph (7) as it applies to the exercise of the power conferred by paragraph (1) of that Article; and in those paragraphs as so applied—

(a)any reference to an authorised person shall be construed as a reference to a person authorised under sub-paragraph (7); and

(b)any reference to the Department shall be construed as a reference to the HSS trust.

Instruments, etc.N.I.

22.  The fixing of the seal of an HSS trust shall be authenticated by the signature of the chairman or of some other person authorised either generally or specially by the trust for that purpose and of one other director.

PART IVN.I.DISSOLUTION

23.—(1) The Department may by order dissolve an HSS trust.

(2) An order under this paragraph may be made—

(a)on the application of the HSS trust concerned; or

(b)if the Department considers it appropriate in the interests of the health and personal social services.

(3) Except where it appears to the Department necessary to make an order under this paragraph as a matter of urgency, no such order shall be made until after the completion of such consultation as may be prescribed.

24.—(1) If an HSS trust is dissolved under this Part, the Department may by order transfer or provide for the transfer to—

(a)the Department,

(b)a relevant body,

(c)another HSS trust,

of such of the property, rights and liabilities of the HSS trust which is dissolved as in the Department's opinion is appropriate; and any such order may include provisions corresponding to those of Article 13.

(2) An order under this paragraph may make provision in connection with the transfer of staff employed by or for the purposes of the HSS trust which is dissolved; and such an order may include provisions corresponding to those of Articles 11 and 12 including provision for the making of a scheme by such relevant body or other body as may be specified in the order.

(3) No order shall be made under this paragraph until after the completion of such consultation as may be prescribed.

25.  Without prejudice to the generality of paragraph 24, if an HSS trust is dissolved under this Part, the Department or such other HSS trust or relevant body as the Department may direct shall undertake the responsibility for the continued payment of any such pension, allowances or gratuities as, by virtue of paragraph 9(2) or paragraph 17, would otherwise have been the responsibility of the trust which has been dissolved.

26.  An HSS trust may not be dissolved or wound up except in accordance with this Part.

Article 14(9).

SCHEDULE 4N.I.FINANCIAL PROVISIONS RELATING TO HSS TRUSTS

BorrowingN.I.

1.—(1) Subject to[F16 any direction given by the Department under paragraph 6 of Schedule 3, to] the provisions of this paragraph and to any limit imposed under the following provisions of this Schedule, for the purpose of its functions an HSS trust may borrow (both temporarily, by way of overdraft, and longer term) from the Department or from any other person.

(2) An HSS trust may not mortgage or charge any of its assets or in any other way use any of its assets as security for a loan.

[F16(3) It shall be for the Department, with the consent of the Department of Finance and Personnel, to determine the terms of any loan made by it to an HSS trust (including terms as to the payment of interest, if any).]

Guarantees of borrowingN.I.

2.—(1) The Department may guarantee, in such manner and on such conditions as, with the approval of the Department of Finance and Personnel, it considers appropriate, the repayments of the principal of and the payment of interest on any sums which an HSS trust borrows from a person other than the Department.

(2) Immediately after a guarantee is given under this paragraph, the Department shall lay a statement of the guarantee before the Assembly.

(3) Where any sum is issued for fulfilling a guarantee so given, the Department shall lay before the Assembly a statement relating to that sum as soon as possible after the end of each financial year beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged.

(4) If any sums are issued in fulfilment of a guarantee given under this paragraph, the HSS trust concerned shall make to the Department, at such times and in such manner as the Department may from time to time direct,—

(a)payments of such amounts as the Department with the consent of the Department of Finance and Personnel so directs in or towards repayment of the sums so issued; and

(b)payments of interest, at such rates as the Department with the consent of the Department of Finance and Personnel so directs, on what is outstanding for the time being in respect of sums so issued.

Limits on indebtednessN.I.

3.—(1) The aggregate of all sums borrowed by HSS trusts established under this Order shall not exceed £150 million or such other sum not exceeding £300 million as may be specified by order made subject to negative resolution by the Department with the consent of the Department of Finance and Personnel.

Additional public dividend capitalN.I.

4.—(1) If the Department, with the consent of the Department of Finance and Personnel, considers it appropriate to do so, it may, instead of making a loan to an HSS trust under paragraph 1, pay an amount to the trust as public dividend capital.

Surplus fundsN.I.

5.  If it appears to the Department that any[F17 sum held by an HSS trust otherwise than as trustee] is surplus to its foreseeable requirements, the trust shall, if the Department with the approval of the Department of Finance and Personnel and after consultation with the trust so directs, pay[F17 that sum] into the Consolidated Fund.

[F18InvestmentN.I.

6.  An HSS trust shall have power to invest money held by it in any investments, including investments which do not produce income, specified in directions under paragraph 6 of Schedule 3, but nothing in this paragraph applies in relation to money held by an HSS trust as trustee.]

N.I.

Schedule 5—Amendments

N.I.

Schedule 6—Repeals