STATUTORY RULES OF NORTHERN IRELAND

STATUTORY RULES OF NORTHERN IRELAND

DRAFT

2006 No.

HEALTH AND PERSONAL SOCIAL SERVICES

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

Made	2006
Coming into operation	2006

The Department of Health Social Services and Public Safety (a), in exercise of the powers conferred on it by Article 10(1) of, and paragraphs 3, 3A, 4 and 5 of Schedule 3 to, the Health and Personal Social Services (Northern Ireland) Order 1991[b] and of all other powers enabling it in that behalf, after consultation with such Health and Social Services Councils and such other persons and bodies as the Department considered appropriate, as required by Article 10(2) of that Order, hereby makes the following order:

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

(2) In this order---

“the Order” means the Health and Personal Social Services (Northern Ireland) Order 1991;

“establishment date” means 2006;

“operational date” has the meaning assigned to it by paragraph 3(1)(e) of Schedule 3 to the Order;

“relevant functions” has the meaning assigned to it by Article3(2) of the Health and Personal Social Services (Northern Ireland) Order 1994(c);

“the trust” means the Western Health and Social Services Trust established by Article 2.

Establishment of the trust

2. – There is hereby established an HSS trust which shall be called the Western Health and Social Services Trust.

(a) formerly the Department of Health and Social Services. See S.I. 1999/283 (N.I.1) article 3(6)

(b) S.I. 1991/194 (N.I. 1); Article 10(1) was amended, and paragraph 3A of Schedule 3 was inserted, by

S.I. 1994/429 (N.I.2); paragraph 1 of Schedule 3 is cited for the definition of “an order”

(c) S.I. 1994/429 (N.I.2); the relevant functions are specified in S.R. 1994 No. 64 as amended by SR1996 No439 and SR2003 No200

Nature and functions of the trust

3. – (1) The trust is established for the purposes specified in Article 10(1) of the Order.

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

(a) to provide hospital accommodation and services at Altnagelvin Area Hospital, Glenshane Road, Londonderry BT47 1SB, Erne Hospital, Cornagrade Road, Enniskillen, Co Fermanagh, BT74 6AY, Gransha Hospital, Clooney Road, Londonderry BT47 1TF, , Stradreagh Hospital, Clooney Road, Londonderry, BT47 1TF, Tyrone County Hospital, Hospital Road, Omagh, Co Tyrone BT79 0AP, Tyrone and Fermanagh Hospital, 1 Donaghanie Road, Omagh, Co Tyrone BT79 0NS, Waterside Hospital, 16 Gransha Park, Londonderry BT47 1WH and associated premises;

(b) to provide community based health and personal social services from the trust headquarters and associated premises;

(c) to exercise, on behalf of Health and Social Services Boards, such relevant functions as are so exercisable by the trust by virtue of authorisations for the time being in operation under Article 3(1) of the Health and Social Services (Northern Ireland) Order 1994.

Operational area of the trust

4.- The operational area of the trust shall be ---

(a) for the purposes of the statutory provisions specified in Part 1 of the Schedule, the local government districts of Derry, Limavady, Strabane, Omagh and Fermanagh;

(b) for the purposes of the statutory provisions specified in Part II of the Schedule, Northern Ireland.

Directors of the trust

5.- The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.

Operational date of the trust

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

Limited functions before operational date

7.Between its establishment date and the operational date, the trust shall have the limited functions of

(a) entering into HSS contracts;

(b) entering into contracts of employment; and

for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.

Assistance by a relevant body before operational date

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

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

(a) liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;

(b) liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;

(d) liability for the remuneration of persons employed by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.

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

Health and Personal Social Services

SCHEDULE Article 4

Operational Area

PART 1

Statutory Provision Relevant Function

Children (Northern Ireland) Order 1995 All relevant functions

Health and Personal Social Services All relevant functions

(Northern Ireland) Order 1972 (b)

Chronically Sick and Disabled Persons All relevant functions

(Northern Ireland) Act 1978 (c)

Matrimonial Causes (Northern Ireland) All relevant functions

Order 1978 (d)

Domestic Proceedings (Northern Ireland) All relevant functions

Order 1980 (e)

Mental Health (Northern Ireland) All relevant functions

Order 1986 (f)

Adoption (Northern Ireland) All relevant functions

Order 1987 (g)

Disabled Persons (Northern Ireland) Act All relevant functions

1989 (h)

(a) S.I. 1995/755 (N.I. 2)

(b) S.I. 1972/1265 (N.I. 14)

(d) S.I. 1978/1045 (N.I. 15)

Health and Personal Social Services

PART II

Statutory Provision Relevant Function

Children (Northern Ireland) Order 1995 All relevant functions

Health and Personal Social Services Relevant functions under Articles (Northern Ireland) Order 1972 14A, 15, 36, 38(3) and (4), 99,

101, 101A and paragraphs 8 and 9 of Schedule 6

Chronically Sick and Disabled Persons Relevant functions under section (Northern Ireland) Act 1978 2(c) (d) and (f)

Mental Health (Northern Ireland) Relevant functions under Articles Order 1986 8(1), 15(3), 22(1), 28(1) and (5),

29(1) and (2), 42(4), 43(3), 44(5), 45(3), 79(3), 129(1) and (2), 131 and 132

Adoption (Northern Ireland) Relevant functions under Articles 11 Order 1987 (1), 13(3)(a), 24, 31 and 32

EXPLANATORY NOTE (This note is not part of the Order.)

This Order establishes the Western Health and Social Services Trust, an HSS trust provided for in Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991. It also provides for the functions of the trust both before (Article 7) and after (Article 4) its operational date (the date on which it assumes all its functions). It specifies the operational date of the trust (Article 6) and specifies that between the dates that the new trust is established and becomes operational, its liabilities will be discharged by the Agency (Article 8).