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The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022

Sections35
2022 No. 1174

Health Services, Northern Ireland

The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022

Made9th November 2022
Coming into force30th November 2022
At the Court at Buckingham Palace, the 9th day of November 2022 Present, The King’s Most Excellent Majesty in Council

In accordance with section 84(4) of the Northern Ireland Act 19981, a draft of this Order has been laid before and approved by a resolution of each House of Parliament.

Accordingly, His Majesty, in exercise of the powers conferred on Him by section 84(2)(a) of the Northern Ireland Act 1998, is pleased, by and with the advice of His Privy Council, to order as follows.

PART 1 Citation, commencement and extent

1 Citation and commencement

1 This Order may be cited as the Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022.
2 This Order comes into force at the end of the period of 21 days beginning with the day on which it is made.

2 Extent

1 Parts 1 and 2 of this Order extend to England and Wales, Scotland and Northern Ireland.
2 Part 3 of this Order extends to England and Wales and Scotland only.
3 Part 4 of this Order extends to England and Wales only.
4 Part 5 of this Order extends to Scotland only.
5 Part 6 of this Order extends to Northern Ireland only.

PART 2 The United Kingdom

3 Northern Ireland Assembly Disqualification Act 1975

In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 19752 (other disqualifying offices), omit the entry for the chair or any member of the Regional Health and Social Care Board.

4 House of Commons Disqualification Act 1975

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 19753 (other disqualifying offices), omit the entry for the chair or any member of the Regional Health and Social Care Board.

5 Value Added Tax Act 1994

In Part 2 of Schedule 8 (Zero-rated supplies of goods and services: groups) to the Value Added Tax Act 19944—
a in the Notes to Group 12 (zero rating of medical goods and services), omit Note (5H)(c)5;
b in the Notes to Group 15 (zero rating of goods and services in relation to charities), omit Note (4)(c)6.

6 Merchant Shipping Act 1995

1 Section 40 of the Merchant Shipping Act 19957 (claims against seaman’s wages for maintenance, etc. of dependants) is amended as follows.
2 In subsection (10), for “a Health and Social Services Board acting on behalf of that Department” substitute “a Health and Social Care trust”.
3 In subsection (11)—
a for “Health and Social Services Board”, in both places it occurs, substitute “Health and Social Care trust”;
b for the words from “such a Board” to the end substitute “a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)).”.

7 Immigration and Asylum Act 1999

1 The Immigration and Asylum Act 19998 is amended as follows.
2 In section 110(9)9 (payments to local authorities: definition of “Northern Ireland authority”)—
a omit paragraph (b) and the “or” at the end of that paragraph;
b in paragraph (c), for “Health and Social Services trust” substitute “Health and Social Care trust”.
3 In Schedule 9 (asylum support: interim provisions), in paragraph 1(3), for the words from “a Health and Social” to “1972” substitute “a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1))10”.

8 Regulation of Investigatory Powers Act 2000

In Schedule 1 to the Regulation of Investigatory Powers Act 200011 (relevant public authorities)—
a in paragraph 3512, for “Health and Social Services trust” substitute “Health and Social Care trust”;
b omit paragraph 3613;
c for paragraph 3814 substitute—
.

9 Nationality, Immigration and Asylum Act 2002

In section 133(4)(d) of the Nationality, Immigration and Asylum Act 200215 (medical inspectors: health service bodies)—
a omit sub-paragraph (i);
b in sub-paragraph (ii), for “Health and Social Services trust” substitute “Health and Social Care trust”.

10 Finance Act 2003

1 The Finance Act 200316 is amended as follows.
2 In section 61(3) (compliance with planning obligations: public authorities), in the table, under the heading “Health: Northern Ireland”—
a for the entry relating to a Health and Social Services Board, substitute “The Regional Agency for Public Health and Social Well-being”;
b in the entry relating to a Health and Social Services Trust, for “Health and Social Services Trust” substitute “Health and Social Care trust”.
3 In section 66(4) (transfers involving public bodies), in the table, under the heading “Health: Northern Ireland”—
a for the entry relating to a Health and Social Services Board, substitute “The Regional Agency for Public Health and Social Well-being”;
b in the entry relating to a Health and Social Services Trust, for “Health and Social Services Trust” substitute “Health and Social Care trust”.

11 Corporation Tax Act 2010

In section 986 of the Corporation Tax Act 201017 (meaning of “health service body”), in the table—
a omit the entry relating to a Health and Social Services Board;
b omit the entry relating to the Northern Ireland Central Services Agency for the Health and Social Services;
c after the entry relating to “a Primary Care Trust” insert—
.

12 Data Protection Act 2018

1 The Data Protection Act 201818 is amended as follows.
2 Omit section 204(4)(p) (meaning of “health service body”: the Regional Health and Social Care Board).
3 In Schedule 3 (exemptions etc from the UK GDPR: health, social work, education and child abuse data), in paragraph 8—
a in sub-paragraph (1)(b), for “the Regional Health and Social Care Board” substitute “the Department of Health in Northern Ireland or any person or body exercising functions by virtue of paragraph 22A of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 199119”;
b in sub-paragraph (1)(c), for sub-paragraph (i) substitute—
.

PART 3 England and Wales and Scotland

13 Dentists Act 1984

1 The Dentists Act 198422 is amended as follows.
2 In section 26B(8)23 (bodies to be consulted before issuing guidance for registered dentists)—
a omit “and” at the end of paragraph (c);
b in paragraph (d), for “Health and Social Services Boards” substitute “Health and Social Care trusts”;
c at the end of paragraph (d) insert—
.
3 In section 36M(8)24 (bodies to be consulted before issuing guidance for registered dental care professionals)—
a omit “and” at the end of paragraph (c);
b in paragraph (d), for “Health and Social Services Boards” substitute “Health and Social Care trusts”;
c at the end of paragraph (d) insert—
.
4 In section 50D(4)25 (bodies to be consulted before making rules)—
a omit “and” at the end of paragraph (c);
b in paragraph (d), for “Health and Social Services Boards” substitute “Health and Social Care trusts”;
c at the end of paragraph (d) insert—
.

14 Children Act 1989

In Schedule 2 to the Children Act 1989 (support for children and families provided by local authorities in England)26, in paragraph 24(3), for paragraph (b) substitute—
.

15 Opticians Act 1989

In section 27(3)(e) of the Opticians Act 198927 (requirements for sale and supply of optical appliances), for sub-paragraph (iii) substitute—
.

16 Freedom of Information Act 2000

In Schedule 1 to the Freedom of Information Act 200028 (public authorities)—
a omit paragraph 46;
b omit paragraph 47;
c in paragraph 48, for “Health and Social Services Trust” substitute “Health and Social Care trust”;
d omit paragraph 50.

17 Adoption and Children Act 2002

1 The Adoption and Children Act 200229 is amended as follows.
2 In section 63 (counselling)—
a in subsection (4)(a), for the words from “Health and Social Services Board” to the end of the paragraph substitute “Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I.)),”;
b omit subsection (5).
3 In section 65(2)(b) (regulation-making authority in Northern Ireland), for the words from “Health and Social Services Board” to “(N.I. 14))” substitute “Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I.))”.

18 Corporate Manslaughter and Corporate Homicide Act 2007

In section 6(7) of the Corporate Manslaughter and Corporate Homicide Act 200730 (organisations without “relevant duty of care” in some circumstances), in the definition of “relevant NHS body”, in paragraph (d), for “Health and Social Services trust or Health and Social Services Board” substitute “Health and Social Care trust”.

19 Modern Slavery Act 2015

In Schedule 3 to the Modern Slavery Act 201531 (public authorities under a duty to co-operate with the Commissioner), omit the entry for the Regional Health and Social Care Board.

PART 4 England and Wales

20 Adoption and Children Act 2002

In Schedule 2 to the Adoption and Children Act 200232 (disclosure of birth records by Registrar General), in paragraph 2—
a in sub-paragraph (1)(d), for “Board” substitute “Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I.))”;
b omit sub-paragraph (3).

21 Domestic Violence, Crime and Victims Act 2004

In section 9(4)(b) of the Domestic Violence, Crime and Victims Act 200433 (bodies or persons who may be directed to establish or participate in a domestic homicide review)—
a omit the words from “Health and Social Services Boards” to “(N.I. 14));”;
b for “Health and Social Services trusts” substitute “Health and Social Care trusts”.

22 Emergency Workers (Obstruction) Act 2006

In section 1(5)(b) of the Emergency Workers (Obstruction) Act 200634 (offence of obstructing etc. emergency workers: meaning of “relevant NHS body” in relation to Northern Ireland), for “Health and Social Services trust or Health and Social Services Board” substitute “Health and Social Care trust”.

23 National Health Service Act 2006

1 The National Health Service Act 200635 is amended as follows.
2 In section 9(4) (NHS contracts: meaning of “health service body”)—
a for paragraph (g) substitute—
;
b for paragraph (o) substitute—
;
c in paragraph (q), for “Health and Social Services trust” substitute “Health and Social Care trust”.
3 In section 10(1) (provision for bodies in Northern Ireland), for the words from “a Health and Social Services Board” to “(N.I. 14))” substitute “the Regional Agency for Public Health and Social Well-being”.

24 National Health Service (Wales) Act 2006

1 The National Health Service (Wales) Act 200636 is amended as follows.
2 In section 7(4) (NHS contracts: meaning of “health service body”)—
a for paragraph (g) substitute—
;
b for paragraph (o) substitute—
;
c in paragraph (q), for “Health and Social Services trust” substitute “Health and Social Care trust”.
3 In section 8(1) (provision for bodies in Northern Ireland) for the words from “a Health and Social Services Board” to “(N.I. 14))” substitute “the Regional Agency for Public Health and Social Well-being”.

PART 5 Scotland

25 National Health Service (Scotland) Act 1978

1 The National Health Service (Scotland) Act 197837 is amended as follows.
2 In section 17A(2)38 (persons or bodies who may enter into NHS contracts)—
a for paragraph (l) substitute—
;
b for paragraph (n) substitute—
;
c in paragraph (p), for “Health and Social Services trusts” substitute “Health and Social Care trusts”.
3 In section 17B39 (reimbursement of Health Boards’ costs)—
a in subsection (1), for “Health and Social Services Board” substitute “Health and Social Care trust”;
b for subsection (4) substitute—
.
4 In Schedule 7A40 (National Health Service trusts), in paragraph 22(1)—
a in paragraph (c), at the end insert “or is within the functions of a Health and Social Care trust mentioned in Article 10(1) of the Health and Personal Social Services (Northern Ireland) Order 1991(S.I. 1991/194 (N.I. 1))”;
b in the words following paragraph (c), for “Health and Social Services Board” substitute “Health and Social Care trust”.

26 Commissioner for Children and Young People (Scotland) Act 2003

In section 16 of the Commissioner for Children and Young People (Scotland) Act 200341 (interpretation), in the definition of “Northern Ireland authority”, for the words from “any authority” to the end substitute “an authority within the meaning of Article 2(2) of the Children (Northern Ireland) Order 199542”.

27 Adoption and Children (Scotland) Act 2007

In section 55 of the Adoption and Children (Scotland) Act 200743 (connections between the register and birth records)—
a in subsection (4)(c), for “Board” substitute “HSC trust”;
b in subsection (5)(c), for “Board” substitute “HSC trust”;
c in subsection (8), for the definition of “Board” substitute—
.

PART 6 Northern Ireland

28 Immigration Act 1971

In section 24(1)(d) of the Immigration Act 197144 (failure to report to medical officer or submit to medical test or examination), for “chief administrative medical officer of a Health and Social Services Board” substitute “Director of Public Health for Northern Ireland”.

Footnotes

  1. 1
    1998 c. 47.
  2. 2
    1975 c. 25, entry inserted by paragraph 4(1) and (3)(b) of Schedule 6 to the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.)).
  3. 3
    1975 c. 24; Part 3 of Schedule 1 was amended by S.I. 2010/762. There are other amendments not relevant to this Order.
  4. 4
    1994 c. 23.
  5. 5
    Note (5H)(c) was substituted by S.I. 2016/620.
  6. 6
    Note (4)(c) was substituted by S.I. 2016/620.
  7. 7
    1995 c. 21.
  8. 8
    1999 c. 33.
  9. 9
    Section 110(9)(b) was amended, and section 110(9)(c) was inserted, by section 60(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41).
  10. 10
    Article 10 was amended by sections 43(1), 43(2) and 44(1) of the Health and Personal Social Services Act (Northern Ireland) 2001, paragraphs 1(1) and 13(7) of Schedule 6 to the Health and Social Care (Reform) Act (Northern Ireland) 2009, S.I. 1994/429 and S.I. 1997/1177.
  11. 11
    2000 c. 23.
  12. 12
    Paragraph 35 was inserted by SR 2002/183.
  13. 13
    Paragraph 36 was inserted by SR 2002/183.
  14. 14
    Paragraph 38 was inserted by SR 2002/183.
  15. 15
    2002 c. 41, to which there are other amendments not relevant to this Order.
  16. 16
    2003 c. 14, to which there are amendments not relevant to this Order.
  17. 17
    2010 c. 4, to which there are amendments not relevant to this Order.
  18. 18
    2018 c. 12.
  19. 19
    Paragraph 22A of Schedule 3 was inserted by paragraph 148(8) of Schedule 1 to the Health and Social Care Act (Northern Ireland) 2022 (c. 3 (N.I.)).
  20. 20
    Article 10A was inserted by paragraph 142 of Schedule 1 to the Health and Social Care Act (Northern Ireland) 2022.
  21. 21
    Article 10B was inserted by paragraph 143 of Schedule 1 to the Health and Social Care Act (Northern Ireland) 2022.
  22. 22
    1984 c. 24.
  23. 23
    Section 26B was inserted by S.I. 2005/2011 and amended by paragraph 33 and 34 of Schedule 5 to the Health and Social Care Act 2012 (c. 7).
  24. 24
    Section 36M was inserted by S.I. 2005/2011 and amended by paragraph 33 and 35 of Schedule 5 to the Health and Social Care Act 2012.
  25. 25
    Section 50D was inserted by S.I. 2005/2011 and amended by paragraph 33 and 37 of Schedule 5 to the Health and Social Care Act 2012.
  26. 26
    1989 c. 41, to which there are amendments not relevant to this Order.
  27. 27
    1989 c. 44, to which there are amendments not relevant to this Order.
  28. 28
    2000 c. 36, to which there are amendments not relevant to this Order.
  29. 29
    2002 c. 38, to which there are amendments not relevant to this Order.
  30. 30
    2007 c. 19, to which there are amendments not relevant to this Order.
  31. 31
    2015 c. 30; the entry being omitted was inserted by S.R. 2016/48. There are other amendments not relevant to this Order.
  32. 32
    To which there are amendments not relevant to this Order.
  33. 33
    2004 c. 28.
  34. 34
    2006 c. 39.
  35. 35
    2006 c. 41, to which there are amendments not relevant to this Order.
  36. 36
    2006 c. 42, to which there are amendments not relevant to this Order.
  37. 37
    1978 c. 29.
  38. 38
    Section 17A was inserted by section 30 of the National Health Service and Community Care Act 1990 (c. 19); section 17A(2) was amended by S.I. 1991/195. There are other amendments not relevant to this Order.
  39. 39
    Section 17B was inserted by section 30 of the National Health Service and Community Care Act 1990; section 17B(4) was amended by S.I. 1991/195. There are other amendments not relevant to this Order.
  40. 40
    Schedule 7A was inserted by Schedule 6 to the National Health Service and Community Care Act 1990, and repealed by section 1(1) of the National Health Service Reform (Scotland) Act 2004 (asp 7) only for the purpose stated in article 2(a)(i) of S.S.I. 2004/361 (C. 22). Paragraph 22(1)(c) was amended by Schedule 5 to the Health Act 1999 (c. 8); paragraph 22(1) was amended by S.I. 1991/195 (N.I. 2).
  41. 41
    2003 asp 17.
  42. 42
    S.I. 1995/755 (N.I. 2), to which there are amendments not relevant to this Order.
  43. 43
    2007 asp 4.
  44. 44
    1971 c. 77; section 24(1)(d) was amended by S.R. & O. (N. I.) No. 1973/256.