26.—(1) In relation to a general [F1health care] provider, the relevant authority provisions of this Order apply only in relation to matters arising in connection with any general [F1health care] provided by that provider.

(2) In relation to an independent provider, the relevant authority provisions of this Order apply only in relation to matters arising in connection with a service which the independent provider was providing, or which it was the independent provider's function to provide, under arrangements with a health and [F2social care] body or a general [F1health care] provider.

(3) In relation to any other relevant authority, the relevant authority provisions of this Order apply only in relation to matters arising in connection with the exercise by the authority of its public functions.

(4) For the purposes of this Article—

• “public functions” means functions other than those of a private nature;

• “the relevant authority provisions of this Order” are—

  (a)

  Article 7(3) and (4),

  (b)

  Article 8(4);

  (c)

  Articles 9 to 13;

  (d)

  Articles 16 to 23; and

  (e)

  Schedule 3.

Application of this Order: matters arising before commencementN.I.

27.  This Order applies in relation to matters arising before as well as after it comes into operation.