
2006 No. 295
HEALTH AND PERSONAL SOCIAL SERVICES
The Northern Health and Social Services Trust (Establishment) Order (Northern Ireland) 2006
Made 22nd June 2006
Coming into operation 1st August 2006

The Department of Health, Social Services and Public Safety makes the following Order in exercise of the powers conferred 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.

In accordance with Article 10(2) of that Order it has consulted with Health and Social Services Councils and such other persons and bodies as the Department considered appropriate.
Citation, commencement and interpretation
1 

(1) This Order may be cited as the Northern Health and Social Services Trust (Establishment) Order (Northern Ireland) 2006 and shall come into operation on 1st August 2006.
(2) In this Order-
 “the Order” means the Health and Personal Social Services (Northern Ireland) Order 1991;
 “establishment date” means 1st August 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 Article 3(2) of the Health and Personal Social Services (Northern Ireland) Order 1994; and
 “the trust” means the Northern Health and Social Services Trust established by Article 2.
Establishment of the trust
2 
There is established an HSS trust which shall be called the Northern Health and Social Services Trust.
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 shall be—
(a) to provide goods and services for the purposes of the health and personal social services; and
(b) 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 Personal 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 I of the Schedule, the local government districts of Antrim, Ballymena, Ballymoney, Carrickfergus, Coleraine, Cookstown, Larne, Magherafelt, Moyle and Newtownabbey;
(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, 7 non-executive directors and 5 executive directors.
Operational date of the trust
6 
The operational date of the trust shall be 1st April 2007.
Limited functions before operational date
7 
Between its establishment date and operational date, the trust shall have the functions of doing such things as are reasonably necessary for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date including—
(a) of entering into HSS contracts; and
(b) of entering into other contracts including contracts of employment.
Assistance by a relevant body before operational date
8 

(1) The Agency shall discharge the liabilities of the trust, reasonably 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; and
(c) liability for the remuneration of persons employed by the trust.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 22nd June2006
Denis McMahon
A senior officer of the
Department of Health, Social Services and Public Safety

SCHEDULE
Operational Area
Article 4
PART I

Statutory Provision Relevant Function
the Children and Young Persons Act (Northern Ireland) 1968 All relevant functions
the Health and Personal Social Services (Northern Ireland) Order 1972 All relevant functions
the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 All relevant functions
the Mental Health (Northern Ireland) Order 1986 All relevant functions
the Adoption (Northern Ireland) Order 1987 All relevant functions
the Disabled Persons (Northern Ireland) Act 1989 All relevant functions
the Children (Northern Ireland) Order 1995 All relevant functions
the Carers and Direct Payments Act (Northern Ireland) 2002 All relevant functions








PART II

Statutory Provision Relevant Function
the Health and Personal Social Services (Northern Ireland) Order 1972 Articles 14A, 15, 36, 38(3) and (4), 99, 101, 101A and paragraphs 8 and 9 of Schedule 6
the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 Section 2(c), (d) and (f)
the Mental Health (Northern Ireland) Order 1987 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
the Adoption (Northern Ireland) Order 1987 Articles 11(1), 13(3)(a), 24, 31 and 32
the Children (Northern Ireland) Order 1995 Articles 21, 23, 26, 27, 32, 54, 66 and Schedule 3