Legislation – Health and Social Care Act (Northern Ireland) 2022
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SCHEDULE 1Transfer of the Regional Board’s functions
Children (Northern Ireland) Order 1995
155
The Children (Northern Ireland) Order 1995 is amended as follows.
156
(1)
Article 2 is amended as follows.
(2)
In paragraph (2)—
(a)
in the definition of “authority”, for “and subject to paragraphs (3) and (4), a Board” substitute “, an HSC trust that is exercising social care and children functions within the meaning of Article 10A of the Health and Personal Social Services (Northern Ireland) Order 1991”
;
(b)
omit the definition of “Board”.
(3)
Omit paragraph (3).
(4)
“(4)
References in this Order to the area of an authority are to the operational area of an HSC trust (as defined in Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972).”.
157
“(3)
An assessment under this Article is to be carried out in such manner, and is to take such form, as the authority considers appropriate; but this is subject to any directions given to the authority under paragraph 6 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991.”.
158
“(4)
An assessment under this Article is to be carried out in such manner, and is to take such form, as the authority considers appropriate; but this is subject to any directions given to the authority under paragraph 6 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991.”.
159
Omit Article 46(3)(a).
160
In Article 61(2), for the words from “functions exercisable on behalf of” to the end substitute “social care and children functions within the meaning of Article 10A of the Health and Personal Social Services (Northern Ireland) Order 1991 and functions exercisable by virtue of a delegation direction under Article 10B(1) of that Order).”
.
161
Omit Article 66(11)(a).
162
In Article 121—
(a)
in paragraph (2)(d), omit “Board or”;
(b)
in paragraph (3)(a), omit “Board,”.
163
In Article 149(5)(a), omit “Board or”.
164
In Article 173(1), omit “Board or” (in each place).
165
(1)
Article 174 is amended as follows.
(2)
Omit paragraph (1).
(3)
In paragraph (3)—
(a)
omit “(1) or”;
(b)
omit “Board or”.
(4)
In paragraph (4)—
(a)
for “(1) to” substitute “(2) and”
;
(b)
omit “Board or”.
(5)
In paragraphs (5) and (6), omit “Board or”.
166
(1)
In Schedule 2, paragraph 2A is amended as follows.
(2)
In sub-paragraph (2)—
(a)
for “Every Board” substitute “The Department”
;
(b)
omit “by it”.
(3)
In sub-paragraph (3)—
(a)
in the opening words, for “a Board” substitute “the Department”
;
(b)
in paragraph (a), omit the words from “the whole or any part” to the end;
(c)
in paragraph (c), omit the words from “the whole or any part” to the end;
(d)
in paragraph (d)—
(i)
for “the Board” (in the first place) substitute “the Department”
;
(ii)
omit “by the Board” (in the first place);
(iii)
omit “in the Board’s area”;
(iv)
for “by the Board” (in the second place) substitute “by an HSC trust”
;
(e)
in paragraph (h), for “the Board” substitute “the Department”
;
(f)
omit paragraph (i) and the “and” preceding it.
(4)
Omit sub-paragraph (4).