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(1) This Order may be cited as the Health and Social Care Trusts (Establishment) (Amendment) Order (Northern Ireland) 2022 and shall come into operation on 1st April 2022.
(2) In this Order—
 ”relevant establishment orders” means—
(a) the Belfast Health and Social Services Trust (Establishment) Order (Northern Ireland 2006;
(b) the Northern Health and Social Services Trust (Establishment) Order (Northern Ireland 2006;
(c) the South Eastern Health and Social Services Trust (Establishment) Order (Northern Ireland 2006;
(d) the Southern Health and Social Services Trust (Establishment) Order (Northern Ireland 2006;
(e) the Western Health and Social Services Trust (Establishment) Order (Northern Ireland 2006;
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(1) Each of the relevant establishment orders shall be amended in accordance with paragraphs (2) to (4).
(2) In paragraph (2) of Article 1 (Citation, commencement and interpretation)—
(a) omit the definition of “relevant functions”; and
(b) at the appropriate place in alphabetical order insert the following definition—
 “social care and children functions” has the meaning assigned to it by Article 10A of the Order”.
(3) For paragraph (2)(b) of Article 3 (Nature and functions of the trust), substitute—“
(b) to exercise social care and children’s functions [within the meaning of Article 10A of the Order].”.
(4) For the Schedule (Operational area), substitute—“
SCHEDULE
Article 4
PART 1

Statutory Provision Social care and children functions
Children and Young Persons Act (Northern Ireland) 1968 All social care and children functions
Health and Personal Social Services (Northern Ireland) Order 1972 All social care and children functions
Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 All social care and children functions
Mental Health (Northern Ireland) Order 1986 All social care and children functions
Adoption (Northern Ireland) Order 1987 All social care and children functions
Disabled Persons (Northern Ireland) Act 1989 All social care and children functions
Children (Northern Ireland) Order 1995 All social care and children functions
the Criminal Justice (Northern Ireland) Order 1996 All social care and children functions
Carers and Direct Payments Act (Northern Ireland) 2002 All social care and children functions
the Criminal Justice (Northern Ireland) Order 2008 All social care and children functions
The Mental Capacity Act (Northern Ireland) 2016  All social care and children functions
PART 2

Statutory Provision Social care and children functions
Health and Personal Social Services (Northern Ireland) Order 1972 Articles 15, 36, 38(3) and (4), 99, 101, 101A and paragraphs 8 and 9 of Schedule 6
Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 Section 2(c), (d) and (f)
Mental Health (Northern Ireland) Order 1986 Articles 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) Order 1987 Articles 11(1), 13(3)(a), 24, 31 and 32
Children (Northern Ireland) Order 1995 Articles 21, 23, 26, 27, 32, 54, 66 and Schedule 3
PART 3

Statutory Provision Social care and children functions
Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 All social care and children functions under section 12(1)
Mental Health (Northern Ireland) Order 1986 All social care and children functions except those underArticles 18 to 26, 28(5)(a), 29(2), 44(1)(b) and 46(5)”
Sealed with the Official Seal of the Department of Health on 11th March 2022.
Martina Moore
A senior officer of the Department of Health
