Statutes of Northern Ireland

2001 Chapter 3

(a) high standards of conduct and practice among social care workers; and

(b) high standards in their training.

(a) in accordance with any directions given to it by the Department; and

(b) under the general guidance of the Department.

(a) engages in relevant social work (referred to in this Part as a "social worker");

(b) is employed at-

(i) a children's home;

(ii) a residential care home;

(iii) a nursing home;

(iv) a day care setting;

(v) a residential family centre;

(c) manages an establishment of a description mentioned in paragraph (b); or

(d) is supplied by a domiciliary care agency to provide personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.

(a) a person engaged in work for the purposes of the personal social services functions of a Health and Social Services Board or HSS trust;

(b) a person engaged in the provision of personal care for any person;

(c) a person who manages, or is employed in, an undertaking which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care;

(d) a person engaged in the provision of services which are similar to services which may or must be provided by Health and Social Services Boards or HSS trusts in the exercise of their personal social services functions;

(e) a person employed in connection with the discharge of functions of the Department under Article 149 of the Children (Northern Ireland) Order 1995 (NI 2) (inspection of children's homes etc.);

(f) a person participating in a course approved by the Council under section 10 for persons wishing to become social workers.

(a) social workers; and

(b) social care workers of any other description specified by order made by the Department.

(a) is of good character;

(b) is physically and mentally fit to perform the whole or part of the work of persons registered in any part of the register to which his application relates; and

(c) satisfies the following conditions,

(a) in the case of an applicant for registration as a social worker-

(i) he has successfully completed a course approved by the Council under section 10 for persons wishing to become social workers;

(ii) he satisfies the requirements of section 11; or

(iii) he satisfies any requirements as to training which the Council may by rules impose in relation to social workers;

(b) in the case of an applicant for registration as a social care worker of any other description, he satisfies any requirements as to training which the Council may by rules impose in relation to social care workers of that description.

(a) a person may be removed from a part of the register, whether or not for a specified period;

(b) a person who has been removed from a part of the register may be restored to that part;

(c) a person's registration in a part of the register may be suspended for a specified period;

(d) the suspension of a person's registration in a part of the register may be terminated;

(e) an entry in a part of the register may be removed, altered or restored.

(a) as to the keeping of the register;

(b) as to the documentary and other evidence to be produced by those applying for registration or for additional qualifications to be recorded, or for any entry in the register to be altered or restored;

(c) for a person's registration to remain effective without limitation of time (subject to removal from the register in accordance with rules made by virtue of section 6) or to lapse after a specified period or in specified cases, or to be subject to renewal as and when provided by the rules.

(a) takes or uses the title of social worker;

(b) takes or uses any title or description implying that he is so registered, or in any way holds himself out as so registered,

(a) maintained by the Council; or

(b) a prescribed register maintained under a provision of the law of England and Wales or Scotland which appears to the Department to correspond to the provisions of this Part.

(a) standards of conduct and practice expected of social care workers; and

(b) standards of conduct and practice in relation to social care workers, being standards expected of persons employing or seeking to employ them.

(a) keep the codes under review; and

(b) vary their provisions whenever it considers it appropriate to do so.

(a) by the Council in making a decision under this Part; and

(b) in any proceedings on an appeal against such a decision.

(a) about the content of, and methods of completing, courses;

(b) as to the provision to the Council of information about courses;

(c) as to the persons who may participate in courses, or in parts of courses specified in the rules;

(d) as to the numbers of persons who may participate in courses;

(e) for the award by the Council of certificates of the successful completion of courses;

(f) about the lapse and renewal of approvals; and

(g) about the withdrawal of approvals.

(a) conduct, or make arrangements for the conduct of, examinations in connection with such courses as are mentioned in this section or section 14; and

(b) carry out, or assist other persons in carrying out, research into matters relevant to training for relevant social work.

(a) being a national of any EEA State-

(i) he has professional qualifications, obtained in an EEA State other than the United Kingdom, which the Department has by order designated as having Community equivalence for the purposes of such registration; and

(ii) he satisfies any other requirements which the Council may by rules impose; or

(b) he has, elsewhere than in Northern Ireland, undergone training in relevant social work and either-

(i) that training is recognised by the Council as being to a standard sufficient for such registration; or

(ii) it is not so recognised, but the applicant has undergone in Northern Ireland or elsewhere such additional training as the Council may require.

(a) is not a national of an EEA State; but

(b) is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68 (on freedom of movement for workers within the Community) or any other enforceable Community right, entitled to be treated, as regards the right to engage in relevant social work, no less favourably than a national of such a State,

"EEA State" means a Contracting Party to the EEA Agreement;

"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

"national", in relation to an EEA State, means the same as it does for the purposes of the Community Treaties.

(a) any relevant course (or part of such a course) is, or is proposed to be, given; or

(b) any examination is, or is proposed to be, held in connection with any relevant course.

(a) for the appointment of visitors;

(b) for reports to be made by visitors on-

(i) the nature and quality of the instruction given, or to be given, and the facilities provided or to be provided, at the place or by the institution visited; and

(ii) such other matters as may be specified in the rules;

(c) for the payment by the Council of fees, allowances and expenses to persons appointed as visitors;

(d) for such persons to be treated, for the purposes of Schedule 1, as members of the Council's staff.

(a) any course for which approval by the Council has been given, or is being sought, under section 10; or

(b) any training which a person registered as a social worker may be required to undergo after registration.

(a) ascertaining what training is required by persons who are or wish to become social care workers;

(b) ascertaining what financial and other assistance is required for promoting such training;

(c) encouraging the provision of such assistance;

(d) drawing up occupational standards for social care workers.

(a) make grants, and pay travelling and other allowances, to persons resident in Northern Ireland in order to secure their training in the work of social care workers;

(b) make grants to organisations providing training in the work of social care workers.

(a) may be delegated by it to the Council; or

(b) may be exercised by any person, or by employees of any person, authorised to do so by the Department.

(a) to vary any condition for the time being in force in respect of the person to whom the appeal relates;

(b) to direct that any such condition shall cease to have effect; or

(c) to direct that any such condition as it thinks fit shall have effect in respect of that person.

(a) for "Registered Homes Tribunal" (wherever occurring) there shall be substituted "Social Care Tribunal";

(b) for "Registered Homes Tribunals" (wherever occurring) there shall be substituted "Social Care Tribunals";

(c) in Article 30(1) after "1995" there shall be inserted "or under Part I of the Health and Personal Social Services Act (Northern Ireland) 2001";

(d) Article 34 applies in relation to appeals under this section with the substitution for references to the Board of references to the Council.

(a) registration (including applications for registration or for amendment of the register);

(b) the approval of courses under section 10;

(c) the provision of training;

(d) the provision of copies of codes of practice or copies of, or extracts, from the register,

(a) has without reasonable excuse failed to discharge any of its functions; or

(b) in discharging any of its functions, has without reasonable excuse failed to comply with any directions or guidance given by it under section 1(3) in relation to those functions.

(a) make an order declaring the Council to be in default; and

(b) direct the Council to discharge such of its functions, and in such manner and within such period or periods, as may be specified in the direction.

(a) discharge the functions to which the direction relates itself; or

(b) make arrangements for any other person to discharge those functions on its behalf.

(a) a residential care home;

(b) a hospital or nursing home;

(c) a school at which board and lodging are not provided for pupils;

(d) a residential family centre;

(e) used primarily for or in connection with the provision of cultural, recreational, leisure, social or physical activities; or

(f) excepted by regulations.

(a) paragraph (2)(d); and

(b) paragraph (2)(f).

(a) paragraph (1)(b) and (c); and

(b) paragraph (2)(b) and (d).

"child" means a person under the age of 18;

"day care setting" means a place where persons in need of personal care may attend for the purposes of rehabilitation or counselling, but where they are not provided with board;

"domiciliary care agency" means an undertaking (other than one of a description excepted by regulations) which consists of or includes arranging the provision of personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance;

"personal care" has the same meaning as in the Registered Homes Order, but does not include any prescribed activity;

"the Registered Homes Order" means the Registered Homes (Northern Ireland) Order 1992 (NI 20);

"residential family centre" means any establishment (other than one of a description excepted by regulations) at which-

(a) accommodation is provided for children and their parents;

(b) the parents' capacity to respond to the children's needs and to safeguard their welfare is monitored or assessed; and

(c) the parents are given such advice, guidance or counselling as is considered necessary,

and for the purposes of this definition "parent", in relation to a child, includes any person who is looking after him;

"school" has the same meaning as in the Education and Libraries (Northern Ireland) Order 1986 (NI 3);

"undertaking" includes any business or profession and-

(a) in relation to a public body, includes the exercise of any functions of that body;

(b) in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body.

(a) a person ("the traffic casualty") has suffered injury, or has suffered injury and died, as a result of the use of a motor vehicle on a road or other public place;

(b) a compensation payment is made in respect of that injury or death; and

(c) the traffic casualty has received health services treatment at a health services hospital in respect of his injury.

(a) a payment made by an authorised insurer under, or in consequence of, a policy issued under Article 92 of the Road Traffic (Northern Ireland) Order 1981 (NI 1);

(b) a payment made by the owner of the vehicle, in a case where the vehicle is one in relation to the use of which a security under Part VIII of that Order is in force;

(c) a payment made by the owner of the vehicle who has made a deposit under that Part; or

(d) a payment made in pursuance of a compensation scheme for motor accidents.

(a) in the United Kingdom; or

(b) voluntarily, or in pursuance of a court order or an agreement, or otherwise.

(a) treatment provided by virtue of Article 31 of the principal Order or paragraph 14 of Schedule 3 to the 1991 Order (accommodation and services for private patients); or

(b) treatment provided at a health services hospital by virtue of Article 5(4) of the principal Order (permission for use of health services accommodation or facilities in private practice).

(a) issued under section 24 in respect of the traffic casualty, to the person making the compensation payment; and

(b) in force.

(a) until a specified date;

(b) until the occurrence of a specified event; or

(c) indefinitely.

(a) at the time the payment is made-

(i) no certificate has been issued to him in respect of the casualty; or

(ii) if such a certificate has been issued to him, it is no longer in force; and

(b) no application for a certificate has been made by him during the prescribed period ending immediately before the day on which the compensation payment is made.

(a) that the amount, or the aggregate amount, specified in a certificate is not to exceed a prescribed sum;

(b) for different amounts to be specified in respect of different circumstances, including, in particular, whether or not the treatment concerned was in respect of injuries resulting from an incident occurring before 2nd July 1997;

(c) for cases in which a traffic casualty receives treatment at two or more health services hospitals;

(d) for cases in which liability under section 23(2) is to be apportioned between two or more persons making compensation payments in respect of the same traffic casualty.

(a) subsection (8) of section 24 applies but he has not applied for a certificate as required by that subsection; or

(b) he has not made payment, in full, of any amount due under section 23(2) by the end of the period allowed under section 26.

(a) in a case within subsection (1)(a), issue the person who made the compensation payment with a certificate; and

(b) in a case within subsection (1)(b), issue him with a copy of the certificate or (if more than one has been issued) the most recent one,

(a) either within the prescribed period or in prescribed cases or circumstances; and

(b) either on an application made for the purpose or on its own initiative.

(a) confirm the certificate;

(b) issue a fresh certificate containing such variations as it considers appropriate; or

(c) revoke the certificate.

(a) that an amount specified in the certificate is incorrect;

(b) that an amount so specified takes into account treatment which is not health services treatment received by the traffic casualty, in respect of his injury, at a health services hospital; or

(c) that the payment on the basis of which the certificate was issued is not a compensation payment.

(a) the claim giving rise to the compensation payment has been finally disposed of; and

(b) payment of the amount specified in the certificate has been made to the Department.

(a) as to the manner in which, and the time within which, an appeal may be made;

(b) as to the procedure to be followed where an appeal is made; and

(c) for the purpose of enabling an appeal to be treated as an application for a review under section 28.

(a) confirm the amount specified in the certificate;

(b) specify any variations which are to be made on the issue of a fresh certificate under subsection (4); or

(c) declare that the certificate is to be revoked.

(a) confirm the certificate against which the appeal was brought;

(b) issue a fresh certificate; or

(c) revoke the certificate.

(a) a person has made one or more payments to the Department under section 23; and

(b) in consequence of the review or appeal, it appears that the amount paid is more than the amount that ought to have been paid,

(a) a person has made one or more payments to the Department under section 23; and

(b) in consequence of the review or appeal, it appears that the amount paid is less than the amount that ought to have been paid,

(a) may provide for the payment by any person of any balance or the recovery from any person of any excess, and may make such provision by modifying this Part;

(b) may provide for the Department of Health, Social Services and Public Safety to determine any matter requiring determination under or in consequence of the regulations.

(a) the person against whom the claim is made and anyone acting on behalf of that person;

(b) anyone not within paragraph (a) who is, or is alleged to be, liable in respect of the injury or death;

(c) the traffic casualty or, if the traffic casualty has died, his personal representative;

(d) if the claim is not made by the traffic casualty, the person by whom it is made;

(e) anyone acting on behalf of a person within paragraph (b), (c) or (d);

(f) the responsible body of each health services hospital at which the traffic casualty has received health services treatment in respect of his injury.

(a) in the prescribed manner; and

(b) within the prescribed period (which in the case of a person within subsection (2)(b), (c), (d), (e) or (f) shall be a period beginning with the day on which the Department asks him for the information).

(a) by the Department; or

(b) by a person providing services to the Department in connection with the provision of those services,

(a) may be used for the purposes of, or for any purpose connected with, the exercise of functions under this Part; and

(b) may be supplied to, or to a person providing services to, the Department for use for those purposes.

(a) by the Department; or

(b) by a person providing services to the Department in connection with the provision of those services,

(a) may be used for the purposes of, or for any purpose connected with, the exercise of functions under the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12); and

(b) may be supplied to, or to a person providing services to, the Department for use for those purposes.

(a) make provision for the manner in which and intervals at which any payments due under this section are to be made;

(b) make provision for cases where the responsible body of the health services hospital concerned has ceased to exist (including provision modifying this Part).

(a) for cases to which section 23(2) applies in which two or more compensation payments in the form of lump sums are made by the same person in respect of the same injury or death;

(b) for cases to which section 23(2) applies in which an agreement is entered into for the making of-

(i) periodical compensation payments (whether of an income or capital nature); or

(ii) periodical compensation payments and lump sum compensation payments;

(c) for cases in which the compensation payment to which section 23(2) applies is an interim payment of damages which a court orders to be repaid.

(a) for the making of a payment into court to be treated in prescribed circumstances as the making of a compensation payment;

(b) for application for, and issue of, certificates.

"appeal" means an appeal under section 29;

"appropriate health services charges" has the meaning given in section 23(7);

"authorised insurer" has the meaning given in Article 101 of the Road Traffic (Northern Ireland) Order 1981 (NI 1);

"certificate" means a certificate of health services charges issued under section 24;

"compensation payment" has the meaning given in section 23;

"compensation scheme for motor accidents" means any scheme or arrangement under which funds are available for the payment of compensation in respect of motor accidents caused, or alleged to be caused, by uninsured or unidentified persons;

"the Department" means the Department for Social Development;

"health services hospital" means a hospital which provides health services;

"health services treatment" has the meaning given in section 23(6);

"motor vehicle" has the meaning given in Article 3(1) of the Road Traffic (Northern Ireland) Order 1995 (NI 18) (read with Articles 4(1), 5, 6 and 105 of that Order);

"owner" has the meaning given in Article 2(2) of the Road Traffic (Northern Ireland) Order 1995;

"regulations" means regulations made by the Department of Health, Social Services and Public Safety;

"responsible body" in respect of a health services hospital, means-

(a) in the case of a hospital vested in an HSS trust, the trust; and

(b) in any other case, the body responsible for the management of the hospital;

"road" has the meaning given in Article 2(2) of the Road Traffic (Northern Ireland) Order 1981 (NI 1);

"traffic casualty" has the meaning given in section 23(1).

(a) after "purposes of this Part" there shall be inserted "or Part II of the Health and Personal Social Services Act (Northern Ireland) 2001";

(b) for the words from "Article 99" to "treatment)" there shall be substituted "section 23 of the Health and Personal Social Services Act (Northern Ireland) 2001 (payment for hospital treatment of traffic casualties)".

(a) the making of determinations after the coming into operation of this section; and

(b) the variation or revocation after the coming into operation of this section of determinations whenever made,

(a) is to be treated as always having had effect with the omission of any obligation for the HSS trust to which the order relates to own land specified in the order; and

(b) so far as any functions specified in it could have been specified under that provision as amended by this Act, is to be treated as having been made under that provision as so amended.

(a) provide for any provision made by it for the purposes of, in consequence of or for giving full effect to this section to be treated as having had effect from a time before the coming into operation of this section;

(b) make such provision about an HSS trust dissolved before the coming into operation of this section.

(a) in that sub-paragraph head (d) (general power to employ staff) shall cease to have effect; and

(b) after that sub-paragraph there shall be added -

(a) in paragraph 3 (limits on indebtedness), sub-paragraph (2) shall cease to have effect;

(b) in paragraph 4 (additional public dividend capital), sub-paragraph (2) shall cease to have effect.

"commencement" means the coming into operation of this section;

"initial loan" means that part of a trust's originating capital debt other than public dividend capital.

(a) for "amount standing in the reserves of an HSS trust" there shall be substituted "sum held by an HSS trust otherwise than as trustee";

(b) for "that amount" there shall be substituted "that sum".

(a) entered in any register kept under the Births and Deaths Registration (Northern Ireland) Order 1976 (NI 14); or

(b) which is kept by the Registrar General under any other statutory provision and relates to any birth or death.

(a) in subsection (4) in the definition of "prescribed" for "Secretary of State" there shall be substituted "Department of Health, Social Services and Public Safety";

(b) for subsection (7) there shall be substituted-

(a) a Health and Social Services Board;

(b) the Agency;

(c) a special agency;

(d) an HSS trust;

(e) a Health and Social Services Council; and

(f) the Northern Ireland Social Care Council,

(a) any reference to a district council shall be read as a reference to a body mentioned in subsection (1); and

(b) any reference to councillors or members of the council shall be read as a reference to members of such a body.

(a) an order under section 56;

(b) an order under section 58 which contains only provision for or in connection with the transfer of any property, rights or liabilities; or

(c) an order under section 61(2).

(a) any supplementary, incidental or consequential provision;

(b) any transitory, transitional or saving provision,

(a) such supplementary, incidental or consequential provision; or

(b) such transitory, transitional or saving provision,

(a) co-operating with other public authorities in the United Kingdom;

(b) acquiring and disposing of land and other property; and

(c) entering into contracts.

(a) the appointment of the chairman and other members of the Council (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment);

(b) the tenure of office of the chairman and other members of the Council (including the circumstances in which they cease to hold office or may be removed or suspended from office);

(c) the appointment of, constitution of and exercise of functions by committees and sub-committees of the Council (including committees and sub-committees which consist of or include persons who are not members of the Council); and

(d) the procedure of the Council and any committees or sub-committees of the Council (including the validation of proceedings in the event of vacancies or defects in appointment).

(a) the appointment of staff under this paragraph and paragraph 7(3) (including any conditions to be fulfilled for appointment); and

(b) the terms and conditions of appointment of staff under the provisions mentioned in sub-paragraph (a).

(a) members of staff of the Council are placed at the disposal of a prescribed person for the purpose of discharging, or assisting in the discharge of, prescribed functions of that person; or

(b) members of staff of a prescribed person are placed at the disposal of the Council for the purpose of discharging, or assisting in the discharge of, any functions of the Council.

(a) the period beginning with the date on which the Council is established and ending with the next 31st March following that date; and

(b) each successive period of twelve months ending with 31st March.

(a) of any member of the Council; or

(b) of any other person who has been authorised by the Council (whether generally or specifically) for that purpose.

(a) the constitution of the Council;

(b) keeping a register of members admitted to practice;

(c) education and training before and after admission to practice;

(d) privileges of members admitted to practice;

(e) standards of conduct and performance;

(f) discipline and fitness to practise;

(g) investigation and enforcement by or on behalf of the Council;

(h) appeals;

(i) default powers exercisable by a person other than the Council.

(a) confer functions (including power to pay grants) on Northern Ireland Ministers or departments; or

(b) modify their functions.

(a) keeping the register of members admitted to practice;

(b) determining standards of education and training for admission to practice;

(c) giving advice about standards of conduct and performance.

(a) publish a draft of the order; and

(b) invite representations to be made to the Department about the draft by-

(i) persons appearing to the Department appropriate to represent the profession,

(ii) persons appearing to the Department appropriate to represent those provided with services by the profession; and

(iii) any other persons appearing to the Department appropriate to consult about the draft.

"the Council" means the Council of the Pharmaceutical Society of Northern Ireland;

"order" means an order under section 56;

"the profession" means the profession of pharmaceutical chemist.

(a) the regulation of persons seeking admission to practice or who were, but are no longer, allowed to practise as members of the profession;

(b) the regulation of activities carried on by persons who are not members of the profession but which are carried on in connection with the practice of the profession,