Health and Personal Social Services (Quality, Improvement and Regulation) Bill
[AS INTRODUCED]
Contents
Part I
Northern Ireland Health and Personal Social Services Regulation and Improvement Authority
- The Regulation and Improvement Authority
- General duties in relation to provision of services
- Advice and information about services
- Regulations and directions
- Annual report
- Children's homes
- Residential care homes
- Nursing homes
- Independent hospitals etc.
- Other regulated establishments and agencies and general interpretation
- Requirement to register
- Applications for registration
- Grant or refusal of registration
- Cancellation of registration
- Applications by registered persons
- Regulations about registration
- Notice of proposals
- Right to make representations
- Notice of decisions
- Urgent procedure for cancellation etc.
- Appeals to the Care Tribunal
- Regulations relating to establishments and agencies
- Failure to comply with conditions
- Contravention of regulations
- False descriptions of establishments and agencies
- False statements in applications
- Failure to display certificate of registration
- Proceedings for offences
- Annual returns
- Liquidators etc.
- Death of registered person
- Provision of copies of register
- Duty of quality
- Role of the Regulation and Improvement Authority
- Provision of information
- Annual returns
- Statements of minimum standards
- Improvement notices
- Power to require information from establishments and agencies and power of entry and inspection
- Power to require information from inspections relating to Boards and HSS trusts, etc. and powers of entry and inspection
- Inspections: provisions supplementary to sections 39 and 40
- Restrictions on disclosure of information under section 39 or 40
- The Care Tribunal
- Interpretation
- Transitional provisions and savings
- Amendments and repeals
- Commencement
- Short title
Part II
Regulation of Establishments and agencies
Preliminary
Registration
Registration procedure
Regulations
Offences
Supplementary
Part III
Quality of Health and Personal Social Services
Part IV
Boards and HSS trusts - adoption, fostering and children under 12
Part V
Miscellaneous
Schedules:
Schedule 1 The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority
Schedule 2 The Care Tribunal
Schedule 3 Transitional provisions and savings
Schedule 4 Amendments
Schedule 5 Repeals
A
B I L L
TO
Establish the Northern Ireland Health and Personal Social Services Regulation and Improvement Authority; to make provision for the registration and regulation of certain establishments and agencies and to make provision relating to the quality of health and personal social services and to adoption, fostering and children under 12; and for connected purposes.
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
Part I
Northern Ireland Health and Personal Social Services Regulation and Improvement Authority
The Regulation and Improvement Authority
1.¾ (1) There shall be a body corporate to be known as the Northern Ireland Health and Personal Social Services Regulation and Improvement Authority (in this Act referred to as "the Regulation and Improvement Authority").
(2) Schedule 1 (which makes further provision relating to the Regulation and Improvement Authority) shall have effect.
General duties in relation to provision of services
2.¾ (1) In this Part "services" means services provided by¾
(a) persons registered under Part II; and
(b) Health and Social Services Boards, HSS trusts and special agencies.
(2) The Regulation and Improvement Authority shall have the general duties of¾
(a) keeping the Department informed about the provision of services and in particular about their availability and their quality; and
(b) encouraging improvement in the quality of services.
Advice and information about services
3.¾ (1) When asked to do so by the Department, the Regulation and Improvement Authority shall give the Department advice, reports or information on such matters relating to the provision of services or the exercise of its functions as may be specified in the Department's request.
(2) The Regulation and Improvement Authority may at any time give advice to the Department on¾
(a) any changes which the Regulation and Improvement Authority thinks should be made in the standards set out in statements under section 37;
(b) any other matter connected with the provision of services.
Regulations and directions
4.¾ (1) The Department may by regulations make provision¾
(a) as to the times at which, the cases in which, the manner in which, the persons in relation to which or the matters with respect to which, any functions of the Regulation and Improvement Authority are to be exercised;
(b) as to the matters to be considered or taken into account in connection with the exercise of any functions of the Regulation and Improvement Authority;
(c) as to the persons to whom any advice, information or reports are to be given or made;
(d) as to the publication of reports and summaries of reports;
(e) as to the recovery from prescribed persons of amounts in respect of the expenditure incurred by the Regulation and Improvement Authority in the exercise of its functions;
(f) for or in connection with the exercise of functions of the Regulation and Improvement Authority in conjunction with the exercise of functions of other persons;
(g) conferring additional functions on the Regulation and Improvement Authority.
(2) The Department may give directions to the Regulation and Improvement Authority with respect to the exercise of its functions and the Regulation and Improvement Authority must comply with them.
Annual report
5.¾ (1) As soon as possible after the end of each financial year, the Regulation and Improvement Authority shall make a report to the Department¾
(a) on the way in which the Regulation and Improvement Authority has exercised its functions during that year; and
(b) on what it has found in relation to services during that year.
(2) In subsection (1) "financial year" has the meaning given by paragraph 12(6) of Schedule 1.
Part II
Regulation of Establishments and agencies
Preliminary
Children's homes
6.¾ (1) Subsections (2) to (5) have effect for the purposes of this Act.
(2) An establishment is a children's home (subject to the following provisions of this section) if it provides care and accommodation wholly or mainly for children.
(3) An establishment is not a children's home merely because a child is cared for and accommodated there by a parent or relative of his or by a foster parent.
(4) An establishment is not a children's home if it is¾
(a) a hospital;
(b) a school;
(c) a residential care home;
(d) a nursing home;
(e) a juvenile justice centre;
(f) used primarily for the accommodation of homeless persons; or
(g) used primarily for or in connection with the provision of cultural, recreational, leisure, social or physical activities,
or if it is of a description excepted by regulations.
(5) For the purposes of this section a person is a foster parent in relation to a child if¾
(a) he is an authority foster parent in relation to the child;
(b) he is a foster parent with whom a child has been placed by a voluntary organisation under Article 75(1)(a) of the Children Order; or
(c) he fosters the child privately.
Residential care homes
7.¾ (1) For the purposes of this Act, an establishment is a residential care home if it provides or is intended to provide, whether for reward or not, residential accommodation with both board and personal care for persons in need of personal care by reason of¾
(a) old age and infirmity;
(b) disablement;
(c) past or present dependence on alcohol or drugs; or
(d) past or present mental disorder.
(2) But an establishment is not a residential care home if it is¾
(a) a hospital which is vested in the Department or managed by an HSS trust;
(b) a private hospital as defined in Article 90(2) of the Mental Health (Northern Ireland) Order 1986 (NI 4);
(c) an establishment which is used, or is intended to be used, solely as a nursing home;
(d) a children's home;
(e) a university, or an institution of further education, college of education or school;
or if it is of a description excepted by regulations.
(3) In subsection (1)¾
"disablement", in relation to persons, means that they are substantially and permanently handicapped by illness, congenital deformity, sensory impairment or any other prescribed disability;
"personal care" includes the provision of appropriate assistance in counteracting or alleviating the effects of any of the matters mentioned in subsection (1)(a) to (d) and, in particular, includes¾
(a) action taken to promote rehabilitation;
(b) assistance with physical or social needs; and
(c) counselling.
Nursing homes
8.¾ (1) For the purposes of this Act "nursing home" means, subject to subsection (2), any premises used, or intended to be used, for the reception of, and the provision of nursing for, persons suffering from any illness or infirmity.
(2) The definition in subsection (1) does not include¾
(a) a hospital which is vested in the Department or managed by an HSS trust;
(b) a private hospital as defined in Article 90(2) of the Mental Health (Northern Ireland) Order 1986;
(c) a children's home;
(d) any sanatorium provided at a school or educational establishment and used, or intended to be used, solely by persons at, or members of staff of, that school or establishment or members of their families;
(e) any first aid or treatment room provided at premises to which the Factories Act (Northern Ireland) 1965 (c. 20) or the Office and Shop Premises Act (Northern Ireland) 1966 (c. 26) applies or at a sports ground, show ground or place of public entertainment;
(f) any premises used, or intended to be used, wholly or mainly¾
(i) by a medical practitioner for the purpose of consultations with his patients;
(ii) by a dental practitioner or chiropodist for the purpose of treating his patients; or
(iii) for the provision of occupational health facilities;
(g) any premises used, or intended to be used, wholly or mainly as a private dwelling; or
(h) any other premises excepted from that definition by regulations.
Independent hospitals etc.
9.¾ (1) Subsections (2) to (6) apply for the purposes of this Act.
(2) A hospital which is not a hospital vested in the Department or managed by an HSS trust is an independent hospital.
(3) "Hospital" means¾
(a) an establishment¾
(i) the main purpose of which is to provide medical or psychiatric treatment for illness or mental disorder or palliative care; or
(ii) in which (whether or not other services are also provided) any of the listed services are provided;
(b) any other establishment in which treatment or nursing (or both) is provided for persons liable to be detained under the Mental Health (Northern Ireland) Order 1986 (NI 4).
(4) "Independent clinic" means an establishment of a prescribed kind (not being a hospital) in which services are provided by medical practitioners (whether or not any services are also provided for the purposes of the establishment elsewhere).
But an establishment in which, or for the purposes of which, services are provided by medical practitioners in pursuance of the Health and Personal Social Services (Northern Ireland) Order 1972 is not an independent clinic.
(5) "Independent medical agency" means an undertaking (not being an independent clinic) which consists of or includes the provision of services by medical practitioners.
But if any of the services are provided for the purposes of an independent clinic, or by medical practitioners in pursuance of the Health and Personal Social Services (Northern Ireland) Order 1972, it is not an independent medical agency.
(6) References to a person liable to be detained under the Mental Health (Northern Ireland) Order 1986 (NI 4) do not include a person absent in pursuance of leave granted under Article 15.
(7) In this section "listed services" means¾
(a) medical treatment under anaesthesia or sedation;
(b) dental treatment under anaesthesia or sedation;
(c) obstetric services and, in connection with childbirth, medical services;
(d) cosmetic surgery;
(e) use of prescribed techniques or prescribed technology.
(8) Regulations may¾
(a) except any description of establishment from the definitions in subsections (2) to (4);
(b) except any description of undertaking from the definition in subsection (5);
(c) modify the definition in subsection (7).
Other regulated establishments and agencies and general interpretation
10.¾ (1) This section has effect for the purposes of this Act.
(2) "Residential family centre" means, subject to subsection (7), any establishment at which¾
(a) accommodation is provided for children and their parents;
(b) the parents' capacity to respond to the children's needs and to safeguard their welfare is monitored or assessed; and
(c) the parents are given such advice, guidance or counselling as is considered necessary,
and in this subsection "parent", in relation to a child, includes any person who is looking after the child.
(3) "Day care setting" means, subject to subsection (7), a place where persons in need of prescribed services may attend for the purposes of assessment, rehabilitation or counselling but where they are not provided with board or accommodation.
(4) "Domiciliary care agency" means, subject to subsection (7), an undertaking which consists of or includes arranging the provision of prescribed services in their own homes for persons who by reason of illness, infirmity, disability or family circumstances are unable to provide any such service for themselves without assistance.
(5) "Fostering agency" means, subject to subsection (7),¾
(a) an undertaking (other than an authority) which consists of or includes discharging functions on behalf of an authority in connection with the placing of children with foster parents; or
(b) a voluntary organisation which places children with foster parents under Article 75(1) of the Children Order.
(6) "Nursing agency" means, subject to subsection (7), an employment agency or employment business, being (in either case) a business which consists of or includes supplying, or providing services for the purpose of supplying, registered nurses, registered midwives or registered health visitors.
(7) The definitions in subsections (2) to (6) do not include any description of establishment, undertaking or organisation excepted from those definitions by regulations.
(8) "Voluntary adoption agency" means a voluntary organisation which is an adoption society within the meaning of the Adoption (Northern Ireland) Order 1987 (NI 22).
(9) In the following provisions of this Act¾
(a) any reference to a description of establishment is a reference to a children's home, an independent hospital, an independent clinic, a residential care home, a nursing home, a day care setting or a residential family centre;
(b) a reference to any establishment is a reference to an establishment of any of those descriptions.
(10) In the following provisions of this Act¾
(a) any reference to a description of agency is a reference to an independent medical agency, a domiciliary care agency, a nursing agency, a fostering agency or a voluntary adoption agency;
(b) a reference to any agency is a reference to an agency of any of those descriptions.
Registration
Requirement to register
11.¾ (1) Any person who carries on or manages an establishment or agency of any description without being registered under this Part in respect of it (as an establishment or, as the case may be, agency of that description) shall be guilty of an offence.
(2) The reference in subsection (1) to an agency does not include a reference to a voluntary adoption agency.
(3) The Department may by regulations make provision about the keeping of registers by the Regulation and Improvement Authority for the purposes of this Part.
(4) A person guilty of an offence under this section shall be liable on summary conviction¾
(a) if subsection (5) does not apply, to a fine not exceeding level 5 on the standard scale;
(b) if subsection (5) applies, to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.
(5) This subsection applies if¾
(a) the person was registered in respect of the establishment or agency at a time before the commission of the offence but the registration was cancelled before the offence was committed; or
(b) the conviction is a second or subsequent conviction of the offence and the earlier conviction, or one of the earlier convictions, was of an offence in relation to an establishment or agency of the same description.
Applications for registration
12.¾ (1) A person seeking to be registered under this Part shall make an application to the Regulation and Improvement Authority.
(2) The application shall give¾
(a) the prescribed information about prescribed matters;
(b) any other information which the Regulation and Improvement Authority reasonably requires the applicant to give,
and shall be accompanied by a fee of the prescribed amount.
(3) Only an individual may apply for registration as the manager of an establishment or agency.
(4) A person who carries on or manages, or wishes to carry on or manage, more than one establishment or agency shall make a separate application in respect of each of them.
Grant or refusal of registration
13.¾ (1) Subsections (2) to (4) apply where an application under section 12 has been made with respect to an establishment or agency in accordance with the provisions of this Part.
(2) If the Regulation and Improvement Authority is satisfied that¾
(a) the requirements of regulations under section 22; and
(b) the requirements of any other statutory provision which appears to the Regulation and Improvement Authority to be relevant,
are being and will continue to be complied with (so far as applicable) in relation to the establishment or agency, it shall grant the application; otherwise it shall refuse it.
(3) The application may be granted either unconditionally or subject to such conditions as the Regulation and Improvement Authority thinks fit.
(4) On granting the application, the Regulation and Improvement Authority shall issue a certificate of registration to the applicant.
(5) The Regulation and Improvement Authority may at any time¾
(a) vary or remove any condition for the time being in force in relation to a person's registration; or
(b) impose an additional condition.
Cancellation of registration
14.¾ (1) The Regulation and Improvement Authority may at any time cancel the registration of a person in respect of an establishment or agency¾
(a) on the ground that that person has been convicted of a relevant offence;
(b) on the ground that any other person has been convicted of such an offence in relation to the establishment or agency;
(c) on the ground that the establishment or agency is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements;
(d) on any ground specified by regulations.
(2) For the purposes of this section the following are relevant offences¾
(a) an offence under this Act or regulations made under it;
(b) an offence under the Registered Homes (Northern Ireland) Order 1992 (NI 20) or regulations made under it;
(c) an offence under the Children Order or regulations made under it;
(d) an offence under the Mental Health (Northern Ireland) Order 1986 (NI 4);
(e) in relation to a voluntary adoption agency, an offence under regulations under Article 10(2) of the Adoption (Northern Ireland) Order 1987 (NI 22) or section 1(3) of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001 (c. 11).
(3) In this section "relevant requirements" means¾
(a) any requirements or conditions imposed by or under this Part; and
(b) the requirements of any other statutory provision which appear to the Regulation and Improvement Authority to be relevant.
Applications by registered persons
15.¾ (1) A person registered under this Part may apply to the Regulation and Improvement Authority¾
(a) for the variation or removal of any condition relating to the registration; or
(b) for the cancellation of the registration.
(2) But a person may not make an application under subsection (1)(b)¾
(a) if the Regulation and Improvement Authority has given him notice under section 17(4)(a) of a proposal to cancel the registration, unless the Regulation and Improvement Authority has decided not to take that step; or
(b) if the Regulation and Improvement Authority has given him notice under section 19(3) of its decision to cancel the registration and the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not been determined.
(3) An application under subsection (1) shall be made in such manner and state such particulars as may be prescribed and, if made under paragraph (a) of that subsection, shall be accompanied by a fee of such amount as may be prescribed.
(4) If the Regulation and Improvement Authority decides to grant an application under subsection (1)(a) it shall serve notice in writing of its decision on the applicant (stating, where applicable, the condition as varied) and issue a new certificate of registration.
(5) If different amounts are prescribed under subsection (3), the regulations may provide for the Regulation and Improvement Authority to determine which amount is payable in a particular case.
Regulations about registration
16.¾ (1) Regulations may make provision about the registration of persons under this Part in respect of establishments or agencies, and in particular about¾
(a) the making of applications for registration;
(b) the contents of certificates of registration.
(2) Regulations may provide that no application for registration under this Part may be made in respect of a fostering agency, or a voluntary adoption agency, which is an unincorporated body.
(3) Regulations may also require persons registered under this Part to pay to the Regulation and Improvement Authority an annual fee of such amount, and at such a time, as may be prescribed.
(4) A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.
Registration procedure
Notice of proposals
17.¾ (1) Subsections (2) and (3) apply where a person applies for registration in respect of an establishment or agency.
(2) If the Regulation and Improvement Authority proposes to grant the application subject to any conditions which have not been agreed in writing between it and the applicant, it shall give the applicant written notice of its proposal and of the conditions subject to which it proposes to grant his application.
(3) The Regulation and Improvement Authority shall give the applicant notice of a proposal to refuse the application.
(4) Except where it makes an application under section 20, the Regulation and Improvement Authority shall give any person registered in respect of an establishment or agency notice of a proposal¾
(a) to cancel the registration (otherwise than in accordance with an application under section 15(1)(b));
(b) to vary or remove (otherwise than in accordance with an application under section 15(1)(a)) any condition for the time being in force in relation to the registration; or
(c) to impose any additional condition in relation to the registration.
(5) The Regulation and Improvement Authority shall give the applicant notice of a proposal to refuse an application under section 15(1)(a).
(6) A notice under this section shall give the Regulation and Improvement Authority's reasons for its proposal.
Right to make representations
18.¾ (1) A notice under section 17 shall state that within 28 days of service of the notice any person on whom it is served may make written representations to the Regulation and Improvement Authority concerning any matter which that person wishes to dispute.
(2) Where a notice has been served under section 17, the Regulation and Improvement Authority shall not determine any matter to which the notice relates until either¾
(a) any person on whom the notice was served has made written representations to it concerning the matter;
(b) any such person has notified the Regulation and Improvement Authority in writing that he does not intend to make representations; or
(c) the period during which any such person could have made representations has elapsed.
Notice of decisions
19.¾ (1) If the Regulation and Improvement Authority decides to grant an application for registration in respect of an establishment or agency unconditionally, or subject only to conditions which have been agreed in writing between it and the applicant, it shall give the applicant written notice of its decision.
(2) A notice under subsection (1) shall state the agreed conditions.
(3) If the Regulation and Improvement Authority decides to adopt a proposal under section 17, it shall serve notice in writing of its decision on any person on whom it was required to serve notice of the proposal.
(4) A notice under subsection (3) shall¾
(a) explain the right of appeal conferred by section 21;
(b) in the case of a decision to adopt a proposal under section 17(2), state the conditions subject to which the application is granted; and
(c) in the case of a decision to adopt a proposal under section 17(4)(b) or (c), state the condition as varied, the condition which is removed or (as the case may be) the additional condition imposed.
(5) Subject to subsection (6), a decision of the Regulation and Improvement Authority to adopt a proposal under section 17(2) or (4) shall not take effect¾
(a) if no appeal is brought, until the expiration of the period of 28 days referred to in section 21(2); and
(b) if an appeal is brought, until it is determined or abandoned.
(6) Where, in the case of a decision to adopt a proposal under section 17(2), the applicant notifies the Regulation and Improvement Authority in writing before the expiration of the period mentioned in subsection (5)(a) that he does not intend to appeal, the decision shall take effect when the notice is served.
Urgent procedure for cancellation etc.
20.¾ (1) If¾
(a) the Regulation and Improvement Authority applies to a justice of the peace for an order¾
(i) cancelling the registration of a person in respect of an establishment or agency;
(ii) varying or removing any condition for the time being in force by virtue of this Part; or
(iii) imposing an additional condition; and
(b) it appears to the justice that, unless the order is made, there will be a serious risk to a person's life, health or well-being,
the justice may make the order, and the cancellation, variation, removal or imposition shall have effect from the time when the order is made.
(2) An application under subsection (1) may, if the justice thinks fit, be made without notice.
(3) As soon as practicable after the making of an application under this section, the Regulation and Improvement Authority shall notify the Department and the appropriate authority of the making of the application.
(4) An order under subsection (1) shall be in writing.
(5) Where such an order is made, the Regulation and Improvement Authority shall, as soon as practicable after the making of the order, serve on the person registered in respect of the establishment or agency¾
(a) a copy of the order; and
(b) notice of the right of appeal conferred by section 21.
Appeals to the Care Tribunal
21.¾ (1) An appeal against¾
(a) a decision of the Regulation and Improvement Authority under this Part; or
(b) an order made by a justice of the peace under section 20,
shall lie to the Care Tribunal.
(2) No appeal against a decision or order may be brought by a person more than 28 days after service on him of notice of the decision or order.
(3) On an appeal against a decision of the Regulation and Improvement Authority the Tribunal may confirm the decision or direct that it shall not have effect.
(4) On an appeal against an order made by a justice of the peace the Tribunal may confirm the order or direct that it shall cease to have effect.
(5) The Tribunal shall also have power on an appeal against a decision or order¾
(a) to vary any condition for the time being in force in respect of the establishment or agency to which the appeal relates;
(b) to direct that any such condition shall cease to have effect; or
(c) to direct that any such condition as it thinks fit shall have effect in respect of the establishment or agency.
Regulations
Regulations relating to establishments and agencies
22.¾ (1) Regulations may impose in relation to establishments and agencies any requirements which the Department thinks fit for the purposes of this Part and may in particular make any provision such as is mentioned in subsection (2), (7) or (8).
(2) Regulations may¾
(a) make provision as to the persons who are fit to carry on or manage an establishment or agency;
(b) make provision as to the persons who are fit to work at an establishment or for the purposes of an agency;
(c) make provision as to the fitness of premises to be used as an establishment or for the purposes of an agency;
(d) make provision for securing the welfare of persons accommodated in an establishment or provided with services by an establishment, an independent medical agency or a domiciliary care agency;
(e) make provision for securing the welfare of children placed, under Article 27(2)(a) of the Children Order, by a fostering agency;
(f) make provision as to the management and control of the operations of an establishment or agency;
(g) make provision as to the numbers of persons, or persons of any particular type, working at an establishment or for the purposes of an agency;
(h) make provision as to the management and training of such persons;
(i) impose requirements as to the financial position of an establishment or agency;
(j) make provision requiring the person carrying on an establishment or agency to appoint a manager in prescribed circumstances.
(3) Regulations under subsection (2)(a) may, in particular, make provision for prohibiting persons from managing an establishment or agency unless they are registered in, or in a particular part of, any register specified in the regulations for the purposes of this subsection.
(4) Regulations under subsection (2)(b) may, in particular, make provision for prohibiting persons from working in such positions as may be prescribed at an establishment, or for the purposes of an agency, unless they are registered in, or in a particular part of, any register specified in the regulations for the purposes of this subsection.
(5) Regulations under paragraph (d) of subsection (2) may, in particular, make provision¾
(a) as to the promotion and protection of the health of persons such as are mentioned in that paragraph;
(b) as to the control and restraint of adults accommodated in, or provided with services by, an establishment;
(c) as to the control, restraint and discipline of children accommodated in, or provided with services by, an establishment.
(6) Regulations under paragraph (e) of subsection (2) may, in particular, make provision¾
(a) as to the promotion and protection of the health of children such as are mentioned in that paragraph;
(b) as to the control, restraint and discipline of such children.
(7) Regulations may make provision as to the conduct of establishments and agencies, and such regulations may in particular¾
(a) make provision as to the facilities and services to be provided in establishments and by agencies;
(b) make provision as to the keeping of accounts;
(c) make provision as to the keeping of documents and records;
(d) make provision as to the notification of incidents occurring in establishments or in premises used for the purposes of agencies;
(e) make provision as to the giving of notice by the person carrying on an establishment or agency of periods during which he or (if he does not manage it himself) the manager proposes to be absent from the establishment or agency, and specify the information to be supplied in such a notice;
(f) provide for the making of adequate arrangements for the running of an establishment or agency during a period when the manager is absent from it;
(g) make provision as to the giving of notice by a person registered in respect of an establishment or agency of any intended change in the identity of the manager or the person carrying it on;
(h) make provision as to the giving of notice by a person registered in respect of an establishment or agency which is carried on by a body corporate of changes in the ownership of the body or the identity of its officers;
(i) make provision requiring the payment of a fee of such amount as may be prescribed in respect of any notification required to be made by virtue of paragraph (h);
(j) make provision requiring arrangements to be made by the person who carries on, or manages, an establishment or agency for dealing with complaints made by or on behalf of those seeking, or receiving, any of the services provided in the establishment or by the agency and requiring that person to take steps for publicising the arrangements;
(k) make provision requiring arrangements to be made by the person who carries on, or manages, an independent hospital, independent clinic or independent medical agency for securing that any medical or psychiatric treatment, or listed services, provided in or for the purposes of the establishment or (as the case may be) for the purposes of the agency are of appropriate quality and meet appropriate standards;
(l) make provision requiring arrangements to be made by the person who carries on, or manages, a residential care home or nursing home for securing that any nursing provided by the home is of appropriate quality and meets appropriate standards.
(8) Regulations may make provision¾
(a) requiring the approval of the Department for the provision and use of accommodation for the purpose of restricting the liberty of children in children's homes;
(b) imposing other requirements (in addition to those imposed by Article 44 of the Children Order (use of accommodation for restricting liberty)) as to the placing of a child in accommodation provided for the purpose mentioned in paragraph (a), including a requirement to obtain the permission of any authority which is looking after the child;
(c) as to the facilities which are to be provided for giving religious instruction to children in children's homes.
(9) Before making regulations under this section, except regulations which amend other regulations made under this section and do not, in the opinion of the Department, effect any substantial change in the provision made by those regulations, the Department shall consult any person it considers appropriate.
(10) References in this section to agencies do not include references to voluntary adoption agencies.
(11) In subsection (7)(k), "listed services" has the same meaning as in section 9(7).
Offences
Failure to comply with conditions
23. If a person registered in respect of an establishment or agency fails, without reasonable excuse, to comply with any condition for the time being in force by virtue of this Part in respect of the establishment or agency, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Contravention of regulations
24.¾ (1) Regulations under this Part may provide that a contravention of any specified provision of the regulations shall be an offence.
(2) A person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
False descriptions of establishments and agencies
25.¾ (1) A person who, with intent to deceive any person¾
(a) applies any name to premises; or
(b) in any way describes such premises or holds such premises out,
so as to indicate, or reasonably be understood to indicate, that the premises are an establishment, or an agency, of a particular description shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale unless registration has been effected under this Part in respect of the premises as an establishment or agency of that description.
(2) References to premises in subsection (1) shall be taken to include references to an undertaking or organisation.
(3) No person shall, with intent to deceive any person, in any way describe or hold out an establishment or agency as able to provide any service or do any thing the provision or doing of which would contravene a condition in force by virtue of this Part in respect of the establishment or agency.
(4) A person who contravenes subsection (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
False statements in applications
26.¾ (1) Any person who, in an application for registration under this Part or for the variation of any condition in force in relation to his registration, knowingly makes a statement which is false or misleading in a material respect shall be guilty of an offence.
(2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Failure to display certificate of registration
27.¾ (1) A certificate of registration issued under this Part in respect of any establishment or agency shall be kept affixed in a conspicuous place in the establishment or at the agency.
(2) If default is made in complying with subsection (1), any person registered in respect of the establishment or agency shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Proceedings for offences
28.¾ (1) Proceedings in respect of an offence under this Part or regulations made under it shall not, without the consent of the Director of Public Prosecutions for Northern Ireland, be taken by any person other than the Regulation and Improvement Authority.
(2) Proceedings for an offence under this Part or regulations made under it may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecution to warrant the proceedings came to its knowledge; but no such proceedings shall be brought by virtue of this subsection more than three years after the commission of the offence.
(3) Until the commencement of section 41(2) of the Justice (Northern Ireland) Act 2002 (c. 26) the reference in subsection (1) to the Director of Public Prosecutions for Northern Ireland shall be construed as a reference to the Attorney General for Northern Ireland.
Supplementary
Annual returns
29.¾ (1) Regulations may require the person carrying on an establishment or agency to make an annual return to the Regulation and Improvement Authority.
(2) Provision may be made by the regulations as to the contents of the return and the period in respect of which and date by which it is to be made.
Liquidators etc.
30.¾ (1) Regulations may¾
(a) require any person to whom this section applies to give notice of his appointment to the Regulation and Improvement Authority;
(b) require any person to whom this section applies to appoint a person to manage the establishment or agency in question.
(2) This section applies to any person appointed as¾
(a) a receiver or manager of the property of a relevant company;
(b) the liquidator or provisional liquidator of a relevant company; or
(c) the trustee in bankruptcy of a relevant individual.
(3) In this section¾
"company" includes a partnership;
"relevant company" means a company which is registered under this Part in respect of an establishment or agency; and
"relevant individual" means an individual who is registered under this Part in respect of an establishment or agency.
Death of registered person
31.¾ (1) Regulations may¾
(a) provide for the provisions of this Part to apply with prescribed modifications in cases where a person who was the only person registered under this Part in respect of an establishment or agency has died;
(b) require the personal representatives of a deceased person who was registered in respect of an establishment or agency to notify the Authority of his death.
(2) Regulations under subsection (1)(a) may in particular¾
(a) provide for the establishment or agency to be carried on for a prescribed period by a person who is not registered in respect of it; and
(b) include provision for the prescribed period to be extended by such further period as the Regulation and Improvement Authority may allow.
Provision of copies of register
32.¾ (1) Subject to subsection (3), the Regulation and Improvement Authority shall secure that copies of any register kept for the purposes of this Part are available at its offices for inspection at all reasonable times by any person.
(2) Subject to subsections (3) and (4), any person who asks the Regulation and Improvement Authority for a copy of, or of an extract from, any register kept for the purposes of this Part shall be entitled to have one.
(3) Regulations may provide that subsections (1) and (2) shall not apply¾
(a) in such circumstances as may be prescribed; or
(b) to such parts of a register as may be prescribed.
(4) A fee determined by the Regulation and Improvement Authority shall be payable for the copy except¾
(a) in prescribed circumstances;
(b) in any other case where the Regulation and Improvement Authority considers it appropriate to provide the copy free of charge.
Part III
Quality of Health and Personal Social Services
Duty of quality
33.¾ (1) Each Health and Social Services Board and HSS trust shall put and keep in place arrangements for the purpose of monitoring and improving the quality of¾
(a) the health and personal social services which it provides to individuals; and
(b) the environment in which it provides them.
(2) The Department may by regulations extend the duty in this section to any special agency specified in the regulations.
Role of the Regulation and Improvement Authority
34.¾ (1) The Regulation and Improvement Authority shall have the following functions¾
(a) the function of conducting reviews of, and making reports on, arrangements by Health and Social Services Boards or HSS trusts for the purpose of monitoring and improving the quality of the health and personal social services for which they have responsibility;
(b) the function of carrying out investigations into, and making reports on, the management, provision or quality of the health and personal social services for which statutory bodies have responsibility;
(c) the function of conducting reviews of, and making reports on, the management, provision or quality of, or access to or availability of, particular types of health and personal social services for which statutory bodies or service providers have responsibility;
(d) the function of carrying out inspections of statutory bodies and service providers, and persons who provide or are to provide services for which such bodies or providers have responsibility, and making reports on the inspections; and
(e) such functions as may be prescribed relating to the management, provision or quality of, or access to or availability of, services for which prescribed statutory bodies or prescribed service providers have responsibility.
(2) The inspections referred to in paragraph (d) of subsection (1) are to be carried out only in connection with the function referred to in paragraph (c) of that subsection.
(3) If after carrying out¾
(a) a review under subsection (1)(a);
(b) an investigation under subsection (1)(b);
(c) any function equivalent to one referred to in paragraph (a) or (b) prescribed under subsection (1)(e); or
(d) an inspection under subsection (1)(d),
the Regulation and Improvement Authority is of the view referred to in subsection (4) as to a body, service provider or other person reviewed, investigated or inspected (taking account, if appropriate, of any other relevant information that Authority may have), the Regulation and Improvement Authority must make a report of its view to the Department.
(4) The view referred to is that¾
(a) the health and personal social services for which the body or service provider in question has responsibility are of unacceptably poor quality (whether generally or in particular areas); or
(b) there are significant failings in the way the body, service provider or other person is being run (including, where the service provider or other person is an individual, the way his practice is being run).
(5) In its report, the Regulation and Improvement Authority may recommend that the Department take special measures in relation to the body or service provider in question with a view to improving the health and personal social services for which it is responsible or the way the body, service provider or other person (or, as mentioned in subsection (4)(b), his practice), is being run.
(6) The report must give the Regulation and Improvement Authority's reasons for its view, and for any recommendation under subsection (5).
(7) For the purposes of this section a person has responsibility for health and personal social services¾
(a) if he provides or is to provide those services to individuals; or
(b) if another person provides or is to provide those services to individuals¾
(i) at his direction,
(ii) on his behalf, or
(iii) in accordance with an agreement or arrangements made by him with that other person.
(8) References in subsection (7) to the provision of health and personal social services include references to the provision of those services jointly with another person.
(9) In this section¾
"statutory body" means a Health and Social Services Board, an HSS trust or a special agency;
"statutory function" means a function conferred by or under any statutory provision.
Part IV
Boards and HSS trusts - adoption, fostering and children under 12
Provision of information
35.¾ (1) Each Health and Social Services Board and each HSS trust shall give the Regulation and Improvement Authority¾
(a) prescribed information about prescribed matters relating to the Board's or trust's Part IV functions; and
(b) any other information which the Regulation and Improvement Authority reasonably requires the Board or trust to give it relating to those functions.
(2) In this section and section 36 "Part IV functions" means¾
(a) functions as an adoption agency within the meaning of the Adoption (Northern Ireland) Order 1987 (NI 22);
(b) functions relating to children placed with authority foster parents under Article 27(2)(a) of the Children Order;
(c) functions under Part XI of the Children Order (child minding and day care for young children).
Annual returns
36.¾ (1) Regulations may require Health and Social Services Boards and HSS trusts to make an annual return to the Regulation and Improvement Authority about their Part IV functions.
(2) Provision may be made by the regulations as to the contents of the return and the period in respect of which and date by which it is to be made.
Part V
Miscellaneous
Statements of minimum standards
37.¾ (1) The Department may prepare and publish statements of minimum standards.
(2) The Department shall keep the standards set out in the statements under review and may publish amended statements whenever it considers it appropriate to do so.
(3) Before issuing a statement, or an amended statement which in the opinion of the Department effects a substantial change in the standards, the Department shall consult any persons it considers appropriate.
(4) The standards shall be taken into account¾
(a) in the making of any decision by the Regulation and Improvement Authority under Part II;
(b) in any proceedings for the making of an order under section 20;
(c) in any proceedings on an appeal against such a decision or order; and
(d) in any proceedings for an offence under regulations under Part II.
Improvement notices
38.¾ (1) The Regulation and Improvement Authority may serve a notice ("an improvement notice") on a person registered under Part II or on a Health and Social Services Board, HSS trust or special agency if that Authority believes that that person, Board, trust or agency is failing to comply with any statement of minimum standards under section 37.
(2) An improvement notice shall¾
(a) specify in what respect there is a failure to comply with a statement of minimum standards under section 37; and
(b) recommend what improvements the Regulation and Improvement Authority considers necessary.
Power to require information from establishments and agencies and power of entry and inspection
39.¾ (1) The Regulation and Improvement Authority may at any time require a person who carries on or manages an establishment or agency to provide it with any information relating to the establishment or agency which the Regulation and Improvement Authority considers it necessary or expedient to have for the purposes of its functions.
(2) A person authorised by the Regulation and Improvement Authority may at any time enter and inspect premises which are used, or which he has reasonable cause to believe to be used, as an establishment or for the purposes of an agency.
(3) A person authorised by virtue of this section to enter and inspect premises may¾
(a) make any examination into the state and management of the premises and treatment of patients or persons accommodated or cared for there which he thinks appropriate;
(b) inspect and take copies of any documents or records required to be kept in accordance with regulations under Part II, Article 10 of the Adoption (Northern Ireland) Order 1987 (NI 22), Article 27(2)(a) or 75(2) of the Children (Northern Ireland) Order 1995 (NI 2) or section 1(3) of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001 (c. 11);
(c) interview in private the manager or the person carrying on the establishment or agency;
(d) interview in private any person employed there;
(e) interview in private any patient or person accommodated or cared for there who consents to be interviewed.
(4) The powers under subsection (3)(b) include¾
(a) power to require the manager or the person carrying on the establishment or agency to produce any documents or records, wherever kept, for inspection on the premises; and
(b) in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.
(5) Subsection (6) applies where the premises in question are used as an establishment and the person so authorised¾
(a) is a medical practitioner or registered nurse; and
(b) has reasonable cause to believe that a patient or person accommodated or cared for there is not receiving proper care.
(6) The person so authorised may, with the consent of the person mentioned in subsection (5)(b), examine him in private and inspect any records relating to his care or treatment in the establishment.
The powers conferred by this subsection may be exercised in relation to a person who is incapable of giving consent without that person's consent.
(7) The Department may by regulations require the Regulation and Improvement Authority to arrange for premises which are used as an establishment or for the purposes of an agency to be inspected on such occasions or at such intervals as may be prescribed.
Power to require information from inspections relating to Boards and HSS trusts, etc. and powers of entry and inspection
40.¾ (1) The Regulation and Improvement Authority may at any time require a Health and Social Services Board, HSS trust or special agency (in this section referred to as an "HSS body") or service provider to provide it with any information which the Regulation and Improvement Authority considers it necessary or expedient to have for the purposes of its functions.
(2) Subject to subsection (3), a person authorised by the Regulation and Improvement Authority may at any time¾
(a) enter and inspect premises which are used by an HSS body or service provider; and
(b) inspect and take copies of any documents or records.
(3) If the person is authorised only for the purposes of functions under section 34(1)(a), (c) or (e) (reviews etc.), he shall enter the premises only¾
(a) after giving reasonable notice to the HSS body or service provider;
(b) at a reasonable time; and
(c) if the premises are wholly or partly used as residential accommodation by persons employed by the HSS body or service provider, after obtaining the consent of those persons.
(4) A person authorised by virtue of this section to enter and inspect premises may¾
(a) make any examination into the state and management of the premises and treatment of patients or persons accommodated or cared for there which he thinks appropriate;
(b) interview in private any person employed by an HSS body or service provider;
(c) interview in private any person employed to provide services to an HSS body;
(d) interview in private any patient or person accommodated or cared for there who consents to be interviewed.
(5) The powers under subsection (2)(b) include¾
(a) power to require an HSS body or service provider to produce any documents or records, wherever kept, for inspection on the premises; and
(b) in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.
(6) Subsection (7) applies where a person authorised by the Regulation and Improvement Authority¾
(a) is a medical practitioner or registered nurse; and
(b) has reasonable cause to believe that a patient or person accommodated or cared for on premises used by an HSS body or service provider is not receiving proper care or treatment.
(7) The person so authorised may, with the consent of the person mentioned in subsection (6)(b), examine him in private and inspect any records relating to his care or treatment there.
The powers conferred by this subsection may be exercised in relation to a person who is incapable of giving consent without that person's consent.
(8) The Department may by regulations require the Regulation and Improvement Authority to arrange for premises which are used by an HSS body or service provider to be inspected on such occasions or at such intervals as may be prescribed.
Inspections: provisions supplementary to sections 39 and 40
41.¾ (1) A person who proposes to exercise any power of entry or inspection conferred by section 39 or 40 shall if so required produce some duly authenticated document showing his authority to exercise the power.
(2) Any person who¾
(a) intentionally obstructs the exercise of any power conferred by section 39 or 40 or this section; or
(b) fails without a reasonable excuse to comply with any requirement under section 39 or 40 or this section,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(3) A person authorised by virtue of section 39 or 40 to enter and inspect any premises may seize and remove any document or other material or thing found there which he has reasonable grounds to believe may be evidence of a failure to comply with any condition or requirement imposed by or under this Act.
(4) A person so authorised¾
(a) may require any person to afford him such facilities and assistance with respect to matters within the person's control as are necessary to enable him to exercise his powers under section 39 or 40 or this section;
(b) may take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.
(5) A person authorised by virtue of section 39 or 40 to inspect any records shall be entitled to have access to, and to check the operation of, any computer and any associated apparatus which is or has been in use in connection with the records in question.
(6) The references in section 39 to the person carrying on the establishment or agency include, in the case of an establishment or agency which is carried on by a company, a reference to any director, manager, secretary or other similar officer of the company.
(7) Where any premises which are used as an establishment or for the purposes of an agency have been inspected under section 39 the Regulation and Improvement Authority¾
(a) shall prepare a report on the matters inspected; and
(b) shall without delay send a copy of the report to each person who is registered in respect of the establishment or agency.
Restrictions on disclosure of information under section 39 or 40
42.¾ (1) Subject to subsection (2), a person shall not be required under section 39 or 40 to provide confidential information which relates to and identifies a living individual unless¾
(a) the information is disclosed in a form in which the identity of the individual cannot be ascertained;
(b) the individual consents to the information being disclosed; or
(c) the individual cannot be traced despite the taking of all reasonable steps.
(2) A person may be required to provide confidential information which relates to and identifies a living individual if¾
(a) it is not practicable to disclose the information in a form in which the identity of the individual cannot be ascertained;
(b) the Regulation and Improvement Authority considers that there is a serious risk to the health or safety of any person; and
(c) having regard to that risk and the urgency of the exercise of those functions, the Regulation and Improvement Authority considers that the information should be disclosed without the consent of the individual.
(3) A person shall not be required under section 39 or 40 to provide information the disclosure of which is prohibited under another statutory provision unless¾
(a) the prohibition on the disclosure of information operates by reason of the fact that the information is capable of identifying an individual; and
(b) the information in question is in a form in which the identity of the individual cannot be ascertained.
(4) In a case where¾
(a) the disclosure of information is prohibited under this section; and
(b) the prohibition operates by reason of the fact that the information is capable of identifying an individual,
the Regulation and Improvement Authority or a person authorised by it under section 39 or 40 may require the person holding the information to put the information in a form in which the identity of the individual concerned cannot be identified, in order that the information may be disclosed.
(5) In this section "confidential information" means information which is held subject to a duty of confidence, and includes information contained in an accessible record within the meaning of section 68 of the Data Protection Act 1998 (c. 29).
The Care Tribunal
43.¾ (1) There shall be a tribunal ("the Care Tribunal") which shall exercise the jurisdiction conferred on it by this Act or any other statutory provision.
(2) The Department may by regulations make provision about the proceedings of the Care Tribunal.
(3) The regulations may, in particular, include provision¾
(a) as to the manner in which appeals are to be instituted or applications for determinations are to be made;
(b) as to the period within which appeals are to be instituted;
(c) as to the circumstances in which applications for leave may be made;
(d) for enabling any functions which relate to applications for leave or other matters preliminary or incidental to an appeal or determination to be performed by the chairman;
(e) for the holding of hearings in private in prescribed circumstances;
(f) for imposing reporting restrictions in prescribed circumstances;
(g) as to the persons who may appear on behalf of the parties;
(h) for granting any person such discovery or inspection of documents or right to further particulars as might be granted by a county court;
(i) for obtaining a medical report in a case where the decision appealed against was made on medical grounds;
(j) for requiring persons to attend to give evidence and produce documents;
(k) for authorising the administration of oaths to witnesses;
(l) for the determination of appeals or issues or applications for leave without a hearing in prescribed circumstances;
(m) as to the withdrawal of appeals or applications for determinations;
(n) for the award of costs;
(o) for taxing or otherwise settling any such costs (and, in particular, for enabling such costs to be taxed in the county court);
(p) for the recording and proof of decisions and orders of the Care Tribunal;
(q) for enabling the Care Tribunal to review its decisions, or revoke or vary its orders, in such circumstances as may be determined in accordance with the regulations; and
(r) for notification of the result of an appeal or determination to be given to such persons as may be prescribed.
(4) Part I of the Arbitration Act 1996 (c. 23) shall not apply to any proceedings before the Care Tribunal but regulations may make provision corresponding to any provision of that Act.
(5) Any person who without reasonable excuse fails to comply with¾
(a) any requirement imposed by the regulations by virtue of subsection (3)(f);
(b) any requirement in respect of the discovery or inspection of documents imposed by the regulations by virtue of subsection (3)(h); or
(c) any requirement imposed by the regulations by virtue of subsection (3)(j),
is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6) An appeal shall lie to the High Court on a point of law from a decision of the Care Tribunal.
(7) Schedule 2 shall have effect with respect to the Care Tribunal.
Interpretation
44.¾ (1) In this Act¾
"authority", except in section 41(1), and "authority foster parent" have the same meanings as in the Children Order;
"Care Tribunal" means the tribunal established under section 43;
"child" means a person under the age of 18;
"the Children Order" means the Children (Northern Ireland) Order 1995 (NI 2);
"day care setting" has the meaning given by section 10(3);
"the Department" means the Department of Health, Social Services and Public Safety;
"domiciliary care agency" has the meaning given by section 10(4);
"employment agency" and "employment business" have the same meanings as in Part II of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (NI 20); but no business which is an employment business shall be taken to be an employment agency;
"fostering agency" has the meaning given by section 10(5);
"homeless persons" shall be construed in accordance with Part II of the Housing (Northern Ireland) Order 1988 (NI 23);
"hospital" has the meaning given by section 9(3);
"illness" includes any injury;
"independent clinic", "independent hospital" and "independent medical agency" have the meanings given by section 9;
"medical" includes surgical;
"mental disorder" has the same meaning as in the Mental Health (Northern Ireland) Order 1986 (NI 4);
"nursing agency" has the meaning given by section 10(6);
"nursing home" has the meaning given by section 8;
"parent", in relation to a child, includes any person who is not a parent of his but who has parental responsibility for him;
"parental responsibility" has the same meaning as in the Children Order;
"personal care" has the meaning given by section 7(3);
"the Regulation and Improvement Authority" means the Northern Ireland Health and Personal Social Services Regulation and Improvement Authority;
"relative" has the same meaning as in the Children Order;
"residential care home" shall be construed in accordance with section 7;
"residential family centre" has the meaning given by section 10(2);
"school" has the meaning assigned to it by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (NI 3);
"service provider" means a person who provides¾
(a) services in accordance with agreements under Article 15C of the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14); or
(b) Part VI services (within the meaning of that Order);
"treatment" includes diagnosis;
"undertaking" includes any business or profession and¾
(a) in relation to any public body, includes the exercise of any functions of that authority; and
(b) in relation to any other body of persons, whether corporate or unincorporated, includes any of the activities of that body;
"voluntary adoption agency" has the meaning given by section 10(8);
"voluntary organisation" has the same meaning as in the Adoption (Northern Ireland) Order 1987 (NI 22).
(2) Other expressions used in the Health and Personal Social Services (Northern Ireland) Order 1972 and this Act have the same meaning in this Act as in that Order unless specifically defined elsewhere in this Act.
(3) For the purposes of this Act, the person who carries on a fostering agency falling within section 10(5)(b), or a voluntary adoption agency, is the voluntary organisation itself.
(4) References in this Act to a person who carries on an establishment or agency include references to a person who carries it on otherwise than for profit.
Transitional provisions and savings
45.¾ (1) The transitional provisions and savings set out in Schedule 3 shall have effect.
(2) An order under section 47 may make such transitional provisions or savings as appear to the Department to be necessary or expedient, but this subsection is without prejudice to any other power under this Act to make transitional provisions or savings.
Amendments and repeals
46.¾ (1) The statutory provisions set out in Schedule 4 shall have effect subject to the amendments there specified.
(2) The statutory provisions set out in Schedule 5 are hereby repealed to the extent mentioned in the third column of that Schedule.
Commencement
47. The preceding provisions of this Act shall come into operation on such day or days as the Department may by order appoint.
Short title
48. This Act may be cited as the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002.
Schedules
Schedule 1
The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority
Status
1. The Regulation and Improvement Authority shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and its property shall not be regarded as property of, or property held on behalf of, the Crown.
General powers
2.¾ (1) Subject to any directions given by the Department, the Regulation and Improvement Authority may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.
(2) That includes, in particular¾
(a) co-operating with other public authorities in the United Kingdom;
(b) acquiring and disposing of land and other property; and
(c) entering into contracts.
General duty
3. It is the duty of the Regulation and Improvement Authority to carry out its functions effectively, efficiently and economically.
Membership
4. The Regulation and Improvement Authority shall consist of a chairman and other members appointed by the Department.
Appointment, procedure etc.
5. The Department may by regulations make provision as to¾
(a) the appointment of the chairman and other members (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment);
(b) the tenure of office of the chairman and other members (including the circumstances in which they cease to hold office or may be removed or suspended from office);
(c) the appointment of, constitution of and exercise of functions by committees and sub-committees (including committees and sub-committees which consist of or include persons who are not members of the Regulation and Improvement Authority); and
(d) the procedure of the Regulation and Improvement Authority and any committees or sub-committees (including the validation of proceedings in the event of vacancies or defects in appointment).
Remuneration and allowances
6.¾ (1) The Regulation and Improvement Authority may pay to its chairman, to any other member of the Authority and to any member of a committee or sub-committee who is not a member of the Authority, such remuneration and allowances as the Department may determine.
(2) If the Department so determines, the Regulation and Improvement Authority shall make provision for the payment of such pension, allowance or gratuities as the Department may determine to or in respect of a person who is or has been the chairman or any other member of the Authority.
(3) If the Department determines that there are special circumstances that make it right for a person ceasing to hold office as chairman of the Regulation and Improvement Authority to receive compensation, the Authority shall pay to him such compensation as the Department may determine.
(4) Any determination of the Department under this paragraph shall be subject to the approval of the Department of Finance and Personnel.
Chief executive
7.¾ (1) There shall be a chief executive of the Regulation and Improvement Authority who shall be a member of its staff and shall be responsible to it for the general exercise of its functions.
(2) The first chief executive shall be appointed by the Department on such terms and conditions as the Department may determine.
(3) Subject to paragraph 8(3), any chief executive subsequent to the first shall be appointed by the Regulation and Improvement Authority on such terms and conditions as the Authority may determine.
(4) An appointment under sub-paragraph (3) requires the approval of the Department.
Staff
8.¾ (1) The Regulation and Improvement Authority may appoint such other staff as it considers appropriate.
(2) Subject to sub-paragraph (3), appointments under this paragraph shall be on such terms and conditions as the Regulation and Improvement Authority may determine.
(3) The Department may give directions as to¾
(a) the appointment of staff under this paragraph and paragraph 7(3) (including any conditions to be fulfilled for appointment); and
(b) the terms and conditions of appointment of staff under the provisions mentioned in sub-paragraph (a).
(4) Different directions may be given under sub-paragraph (3) in relation to different categories of staff.
Delegation of functions
9. The Regulation and Improvement Authority may arrange for the discharge of any of its functions by a committee, sub-committee, member or member of staff of the Authority or any other person.
Arrangements for the use of staff
10. The Department may by regulations provide for arrangements under which¾
(a) members of staff of the Regulation and Improvement Authority are placed at the disposal of a prescribed person for the purpose of discharging, or assisting in the discharge of, prescribed functions of that person; or
(b) members of staff of a prescribed person are placed at the disposal of the Regulation and Improvement Authority for the purpose of discharging, or assisting in the discharge of, any functions of the Authority.
Payments to the Regulation and Improvement Authority
11. The Department may make payments to the Regulation and Improvement Authority of such amounts, at such times and on such conditions (if any) as it considers appropriate.
Accounts
12.¾ (1) The Regulation and Improvement Authority shall¾
(a) keep proper accounts and proper records in relation to the accounts; and
(b) prepare a statement of accounts in respect of each financial year.
(2) The statement of accounts shall¾
(a) be in such form; and
(b) contain such information,
as the Department may, with the approval of the Department of Finance and Personnel, direct.
(3) The Regulation and Improvement Authority shall, within such period after the end of each financial year as the Department may direct, send copies of the statement of accounts relating to that year to¾
(a) the Department; and
(b) the Comptroller and Auditor General for Northern Ireland.
(4) The Comptroller and Auditor General shall¾
(a) examine, certify and report on every statement of accounts sent to him by the Regulation and Improvement Authority under this paragraph; and
(b) send a copy of his report to the Department.
(5) The Department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General's report before the Assembly.
(6) In this paragraph "financial year" means¾
(a) the period beginning with the date on which the Regulation and Improvement Authority is established and ending with the next 31st March following that date; and
(b) each successive period of twelve months ending with 31st March.
Application of seal and evidence
13. The application of the seal of the Regulation and Improvement Authority shall be authenticated by the signature¾
(a) of any member of the Regulation and Improvement Authority; or
(b) of any other person who has been authorised by the Regulation and Improvement Authority (whether generally or specifically) for that purpose.
14. A document purporting to be duly executed under the seal of the Regulation and Improvement Authority or to be signed on its behalf shall be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
Schedule 2
The Care Tribunal
Constitution of Care Tribunal
1.¾ (1) There shall be appointed¾
(a) a panel of persons ("the chairmen's panel") who may serve as chairmen of the Care Tribunal; and
(b) a panel of persons ("the lay panel") who may serve as the other two members of the Care Tribunal apart from the chairman.
(2) The Care Tribunal shall consist of¾
(a) a chairman nominated by the First Minister and deputy First Minister acting jointly from the chairmen's panel; and
(b) two other persons nominated by the Department from the lay panel.
Appointment of the panels
2.¾ (1) The members of the chairmen's panel shall be appointed by the First Minister and deputy First Minister acting jointly.
(2) No person may be appointed a member of the chairmen's panel unless he is a barrister or solicitor of at least ten years' standing.
(3) The members of the lay panel shall be appointed by the Department.
(4) No person may be appointed member of the lay panel unless he satisfies such requirements as may be prescribed.
Tenure of office
3.¾ (1) Each member of the chairmen's panel or lay panel shall hold and vacate office under the terms of the instrument under which he is appointed.
(2) A member of the chairmen's panel may resign office by notice in writing to the First Minister and deputy First Minister.
(3) A member of the chairmen's panel may be removed from the panel by the First Minister and deputy First Minister acting jointly on the ground of incapacity or misbehaviour.
(4) A member of the lay panel may resign office by notice in writing to the Department.
(5) A member of the lay panel may be removed from the panel by the Department on the ground of incapacity or misbehaviour.
(6) A member of the chairmen's panel or lay panel is eligible for re-appointment if he ceases to hold office (otherwise than under sub-paragraph (3) or (5)).
Staff and accommodation
4. The Department may, with the consent of the Department of Finance and Personnel, provide such staff and accommodation as the Care Tribunal may require.
Remuneration and expenses
5.¾ (1) The Department may pay any person in respect of his service as a member of the Care Tribunal, such remuneration and allowances as the Department may, with the consent of the Department of Finance and Personnel, determine.
(2) The Department may defray the expenses of the Care Tribunal to such amount as the Department may, with the consent of the Department of Finance and Personnel, determine.
Attendance allowances
6. The Department may pay such allowances for the purpose of or in connection with the attendance of persons at the Care Tribunal as the Department may, with the consent of the Department of Finance and Personnel, determine.
Temporary provision
7. Until the commencement of section 5(1) of the Justice (Northern Ireland) Act 2002 (c. 26) references in this Schedule to the First Minister and deputy First Minister or to the First Minister and deputy First Minister acting jointly shall be construed as references to the Lord Chancellor.
Schedule 3
Transitional provisions and savings
Fostering agencies
1. The Department may by regulations provide that, if prescribed requirements are satisfied, section 11 shall apply, during the prescribed period, to a person running a fostering agency who has made an application for registration under section 12(1) as if that person were unconditionally registered under Part II.
Voluntary adoption agencies
2.¾ (1) Where a body is, before the commencement of section 13, registered under Article 4 of the Adoption (Northern Ireland) Order 1987 (NI 22) (registration of adoption societies), Part II shall, if prescribed requirements are satisfied, have effect after that commencement as if any person carrying on or managing the body were registered under Part II in respect of it, either¾
(a) unconditionally; or
(b) subject to such conditions as may be prescribed.
(2) Any application made before the commencement of section 12 for registration under Article 4 of the Adoption (Northern Ireland) Order 1987 shall be treated after that commencement as an application made under section 12(1) to the Regulation and Improvement Authority for registration under Part II.
(3) The Department may by order subject to negative resolution make such further transitional provision in relation to the repeal by this Act of provisions of the Adoption (Northern Ireland) Order 1987 as it considers appropriate.
Saving for amendments
3. The amendments made by paragraphs 2, 3(3) and (4) and 5 of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992 (NI 20) shall continue to have effect notwithstanding the repeal of those paragraphs by this Act, but subject to any further amendments made by this Act.
Schedule 4
Amendments
The Superannuation (Northern Ireland) Order 1972 (NI 10)
In Schedule 1 (employments to which Article 3 of that Order applies) at the end there shall be added¾
"Employment by the Northern Ireland Health and Personal Social Services Regulation and Improvement Authority.".
The Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14)
In Article 36(2) (provision of accommodation in premises maintained by voluntary organisations etc.), for the words from "(a)" to "Charter" substitute "which are registered as a nursing home under Part II of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002".
In Article 50(1) (power of inspection), for "the Registered Homes (Northern Ireland) Order 1992" substitute "Part II of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002".
The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
In Part II of Schedule 1 (bodies of which all members are disqualified), the following entry shall be inserted at the appropriate place¾
"The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority.".
The Mental Health (Northern Ireland) Order 1986 (NI 4)
In Article 2(2) (interpretation)¾
(a) in the definition of "nursing home" for the words from "Article 16" to the end substitute "section 8 of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002";
(b) for the definition of "residential care home" substitute¾
""residential care home" has the meaning assigned to it by section 7 of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002;".
The Adoption (Northern Ireland) Order 1987 (NI 22)
In Article 2(2) (interpretation) after the definition of "adoption rules" insert the following definition¾
""appropriate voluntary organisation" means a voluntary organisation which is an adoption society in respect of which a person is registered under Part II of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002;".
In Article 3 (The Adoption Service)¾
(a) in paragraph (1) for "registered adoption societies" substitute "appropriate voluntary organisations";
(b) in paragraph (3) for "a registered adoption society" substitute "an appropriate voluntary organisation".
In Article 5(2) (power of Department to make directions where registration of adoption society is cancelled or expires), for the words from the beginning to "expires" substitute "Where, by virtue of the cancellation of the registration of any person under Part II of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002, a body has ceased to be an appropriate voluntary organisation".
In Article 8 (inactive or defunct adoption societies)¾
(a) in paragraph (1) for the words from "registered" to "Article 5," substitute "body which is or has been an appropriate voluntary organisation"; and
(b) for "society" in each place where it occurs substitute "organisation".
In Article 10 (regulation of adoption agencies)¾
(a) after paragraph (1) insert the following paragraphs¾
"(1A) Regulations under paragraph (1) may in particular make, in relation to an appropriate voluntary organisation any provision which regulations under section 22(2) or (7) of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002 may make in relation to a fostering agency (within the meaning of that Act).".
In Article 11 (restriction on arranging adoptions and placing children)¾
(a) in paragraph (2) for the words from "registered under Article 4" substitute "an appropriate voluntary organisation";
(b) in paragraph (3)(a) for "which is not an adoption agency" substitute "which is not¾
(i) a Board or HSS trust; or
(ii) a voluntary adoption agency within the meaning of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002 in respect of which he is registered;".
In Article 23 (enquiries to be made of Board etc.)¾
(a) for "a registered adoption society" substitute "an appropriate voluntary organisation";
(b) for "the society" in both places where it occurs substitute "the organisation".
In Article 33(2)(a)(ii) (meaning of "protected child"), for "children's home or voluntary home" substitute "children's home in respect of which a person is registered under Part II of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002".
In Article 54(3)(d)(i) (disclosure of birth records of adopted children), for "registered under Article 4" substitute "being an appropriate voluntary organisation".
The Disabled Persons (Northern Ireland) Act 1989 (c. 10)
In section 2(5) for paragraph (d) substitute the following paragraph¾
"(d) in a residential care home or nursing home within the meaning of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002; or".
The Children (Northern Ireland) Order 1995 (NI 2)
In Article 2(2) (interpretation)¾
(a) after the definition of "Adoption Order" insert the following definition¾
""appropriate children's home" has the meaning given in Article 27(10);";
(b) after the definition of "care order" insert the following definition¾
""Care Tribunal" means the tribunal established by section 43 of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002;";
(c) in the definition of "children's home" for the words from "given" to the end substitute "assigned to it by section 6 of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002";
(d) in the definition of "nursing home" for the words from "Article 16" to the end substitute "section 8 of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002";
(e) after the definition of "prescribed" insert the following definition¾
""private children's home" means a children's home¾
(a) in respect of which a person is registered under Part II of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002; and
(b) which is not a home provided under Part VII of the Children Order or a voluntary home;";
(f) after the definition of "registered children's home" insert the following definition¾
""Regulation and Improvement Authority" means the Northern Ireland Health and Personal Social Services Regulation and Improvement Authority;";
(g) in the definition of "residential care home" for the words from "Article 3" to the end substitute "section 7 of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002";
In Article 27 (accommodation and maintenance for children looked after by an authority)¾
(a) in paragraph (2), for sub-paragraphs (b) to (e) substitute the following sub-paragraph¾
"(aa) maintaining him in an appropriate children's home;";
(b) after paragraph (9) add the following paragraph¾
"(10) In this Order "appropriate children's home" means a children's home in respect of which a person is registered under Part II of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002.".
In Article 35 (advice and assistance for certain children) as it has effect before the commencement of the Children (Leaving Care) Act (Northern Ireland) 2002, in paragraph (2)(c) for "registered" substitute "private".
In Article 35 (persons qualifying for advice and assistance) as it has effect after the commencement of the Children (Leaving Care) Act (Northern Ireland) 2002, in paragraph (2)(c) for "registered" substitute "private".
In Article 35C (information), in paragraph (2)(a) for "registered" substitute "private".
In Article 37 (supplementary), in paragraph (4)(a) for "registered" substitute "private".
In Article 70(1) (refuges for children at risk), for "registered" substitute "private".
In Article 74(1) (definition of "voluntary home", etc.), for the definition of "voluntary home" substitute the following definition¾
""voluntary home" means a children's home which is carried on by a voluntary organisation;".
In Article 75(1) (provision of accommodation for children by voluntary organisations), for sub-paragraphs (b) to (e) substitute the following sub-paragraph¾
"(aa) maintaining him in an appropriate children's home;".
In Article 77 (duties of an authority in relation to children provided with accommodation by voluntary organisations) in paragraph (5)(c), for "Article 89" substitute "section 22 of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002".
In Article 78 (persons disqualified from carrying on, or being employed in, voluntary homes)¾
(a) in paragraphs (1)(a) and (2)(a), for "authority" substitute "Regulation and Improvement Authority";
(b) in paragraphs (1)(b) and (2)(b), for "the consent of the authority" substitute "its consent";
(c) in paragraph (3)¾
(i) for "an authority" substitute "the Regulation and Improvement Authority";
(ii) for "the authority" substitute "it";
(iii) for sub-paragraph (b) substitute¾
"(b) the applicant's right to appeal under Article 78A against the refusal to the Care Tribunal; and".
After Article 78 insert¾
"Appeal against refusal of consent under Article 78
78A.¾ (1) An appeal against a decision of the Regulation and Improvement Authority under Article 78 shall lie to the Care Tribunal.
(2) On an appeal the Care Tribunal may confirm the decision of the Regulation and Improvement Authority or direct it to give the consent in question.".
In the heading to Part IX, before "CHILDREN'S HOMES" insert "PRIVATE".
In Article 90(3) (references to an authority), before "children's home" insert "private".
In Article 91(4) (circumstances in which a person may foster more than three children without being treated as carrying on a children's home), after "treated" insert "for the purposes of this Order and the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002".
In Article 92 (duties of person carrying on children's home)¾
(a) in the heading,
(b) in paragraph (1), and
(c) in paragraph (4),
before "children's home" insert "private".
In Article 93 (duties of an authority)¾
(a) in paragraphs (1), (2), (3)(a), (4) and (5)(a), before "children's home" insert "private";
(b) in paragraph (5)(c) for "Article 105" substitute "section 22 of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002".
In Article 94 (persons disqualified from carrying on, or being employed in, children's homes)¾
(a) in the heading before "children's homes" insert "private";
(b) in paragraphs (1)(a) and (2)(a), for "authority" substitute "Regulation and Improvement Authority";
(c) in paragraphs (1)(b) and (2)(b), for "the consent of the authority" substitute "its consent";
(d) in paragraph (3)¾
(i) for "an authority" substitute "the Regulation and Improvement Authority";
(ii) for "the authority" substitute "it";
(iii) for sub-paragraph (b) substitute¾
"(b) the applicant's right to appeal under Article 94A against the refusal to the Care Tribunal; and".
After Article 94 insert the following Article¾
"Appeal against refusal of consent under Article 94
94A.¾ (1) An appeal against a decision of the Regulation and Improvement Authority under Article 94 shall lie to the Care Tribunal.
(2) On an appeal the Care Tribunal may confirm the decision of the Regulation and Improvement Authority or direct it to give the consent in question.".
In Article 105(1)(a) (regulations as to placing of children), for "registered" substitute "private".
In Article 106 (interpretation)¾
(a) in paragraph (1) in the definition of "privately fostered child" after "accommodation" insert "in their own home";
(b) in paragraph (2)(a) for ", 91 and 95" substitute "and 91";
(c) after paragraph (3) add the following paragraph¾
"(3A) The Department may by regulations make provision as to the circumstances in which a person who provides accommodation to a child is, or is not, to be treated as providing him with accommodation in the person's own home.".
In Article 107(3) (privately fostered children further defined)¾
(a) sub-paragraph (b) shall cease to have effect;
(b) for "sub-paragraphs (b)" in both places where it occurs substitute "sub-paragraphs (c)".
In Article 149(5) (persons required to furnish information, etc.), after sub-paragraph (i) add the following sub-paragraph¾
"(j) any person carrying on a fostering agency (within the meaning of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002".
In Article 153(2) (representations concerning child care training), for sub-paragraph (a) substitute the following sub-paragraph¾
"(a) the Northern Ireland Social Care Council;".
In Article 176 (children accommodated in schools)¾
(a) in paragraph (2) for "within the area of an authority, the authority" substitute "the Regulation and Improvement Authority";
(b) in paragraph (3)¾
(i) for "an authority" substitute "it";
(ii) for "within the authority's area, the authority" substitute "the Regulation and Improvement Authority";
(c) for paragraph (4) substitute the following paragraph¾
"(4) Where accommodation is, or is to be, provided for a child by any school, a person authorised by the Regulation and Improvement Authority may, for the purpose of enabling that Authority to discharge its duty under this Article, enter at any time any premises which are, or are to be, premises of the school.".
In Schedule 5 (foster parents: limits on number of foster children), in paragraph 5(1) after "treated" insert "for the purposes of this Order and the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002".
The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7)
In Schedule 2 (bodies subject to investigation), the following entry shall be inserted at the appropriate place¾
"The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority.".
The Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3)
In section 15 (appeals to the Social Care Tribunal)¾
(a) in subsections (2), (3) and (5) for "a Social" substitute "the";
(b) in subsection (4), for "A Social" substitute "The".
For section 22 (interpretation) substitute¾
"Interpretation of this Part
22. In this Part "child", "children's home", "day care setting", "domiciliary care agency", "nursing home", "personal care", "registered care home", "residential family centre", "school" and "undertaking" have the same meanings as in the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002.".
The Adoption (Intercountry Aspects) Act (Northern Ireland) 2001 (c. 11)
In section 2 (Central Authority and accredited bodies)¾
(a) after subsection (2) insert the following subsection¾
"(2A) A voluntary adoption agency in respect of which a person is registered under Part II of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002 is an accredited body for the purposes of the Convention if, in accordance with the conditions of the registration, the agency may provide facilities in respect of Convention adoptions and adoptions effected by Convention adoption orders.";
(b) for subsection (5) substitute the following subsection¾
"(5) In this section "voluntary adoption agency" has the same meaning as in the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2002; and expressions which are also used in the Adoption (Northern Ireland) Order 1987 (NI 22) ("the 1987 Order") have the same meaning as in that Order.".
The Justice (Northern Ireland) Act 2002 (c. 26)
In Schedule 6, in the entry relating to Social Care Tribunals, for "Social Care Tribunals" substitute "the Care Tribunal".
Schedule 5
Repeals
Short Title
Extent of repeal
The Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971 (c. 32).
The whole Act.
The Nurses, Midwives and Health Visitors Act 1979 (c. 36).
In Schedule 7 paragraphs 19 to 22.
The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (NI 20).
Article 11(5)(b) and (6).
The Adoption (Northern Ireland) Order 1987 (NI 22).
In Article 2(2) the definition of "registered adoption society".
Article 4.
In Article 5, paragraph (1) and in paragraph (2) the word "concerned".
Article 6.
Article 7.
Schedule 1.
The Registered Homes (Northern Ireland) Order 1992 (NI 20).
The whole Order.
The Children (Northern Ireland) Order 1995 (NI 2).
In Article 2(2) the definition of "registered children's home".
Article 73(1)(b) and (c) and (2).
Article 74(2) and (3).
Articles 79 to 88.
Article 89(1)(b) and (c) and (2)(a) to (e) and (g) to (l).
Article 90(1).
Article 91(1) to (3).
Articles 95 to 104.
Article 105(1)(b) and (c), (2)(a) to (e) and (g) to (k) and (m).
Article 107(3)(b).
In Article 152(1)(b) the words "or voluntary home".
In Schedule 9 paragraphs 188 to 190.
The Arbitration Act 1996 (c. 23).
In Schedule 3 paragraph 58.
The Nurses, Midwives and Health Visitors Act 1997 (c. 24).
In Schedule 4 paragraph 5.
The Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3).
Section 15(1), (6) and (7).
Sections 20 and 21.
The Adoption (Intercountry Aspects) Act (Northern Ireland) 2001 (c. 11).
Section 8.
The Justice (Northern Ireland) Act 2002 (c. 26).
In Schedule 3 paragraphs 26 to 28.