Statutory Rules of Northern Ireland
1998 No. 121

HEALTH AND PERSONAL SOCIAL SERVICES
The Ulster Community and Hospitals Health and Social Services Trust (Establishment) Order (Northern Ireland) 1998

Made
25th March 1998

Coming into operation
1st April 1998

The Department of Health and Social Services, in exercise of the powers conferred on it by Article 10(1) of, and paragraphs 1, 3, 3A, 4, 5 and 6(2)(d) of Schedule 3 to, the Health and Personal Social Services (Northern Ireland) Order 1991(1) and of all other powers enabling it in that behalf, having consulted the persons or bodies referred to in Article 10(2) of that Order, hereby makes the following order:

Citation, commencement and interpretation

1.—(1) This order may be cited as the Ulster Community and Hospitals Health and Social Services Trust (Establishment) Order (Northern Ireland) 1998 and shall come into operation on 1st April 1998.

(2) In this order—

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

“operational area” has the meaning assigned to it by paragraph 3A of Schedule 3 to the Order;

“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(2);

“the trust” means the Ulster Community and Hospitals 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 Ulster Community and Hospitals 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 (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 own and manage hospital accommodation and services at the Ulster Hospital, 700 Upper Newtownards Road, Dundonald, Belfast BT16 0RH; Bangor Hospital, Bangor, Co. Down BT20 4TA; Ards Hospital, Newtownards, Co. Down BT23 4AS and associated premises;

(b)to manage community-based health and personal social services provided from 23-25 Regent Street, Newtownards, Co. Down BT23 4AD and to own those and any 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 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 North Down and Ards;

(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 1st April 1998.

Restriction on disposal of assets

7.  The sum specified for the purposes of paragraph 6(2)(d) of Schedule 3 to the Order (maximum value of freely disposable assets) in relation to the trust shall be £500,000.

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

L.S.
John McGrath
Assistant Secretary
25th March 1998.

Article 4

SCHEDULEOperational Area

Part I

Statutory Provision
Relevant Function

Children and Young Persons Act (Northern Ireland) 1968(3)
All relevant functions

Health and Personal Social Services (Northern Ireland) Order 1972(4)
All relevant functions

Chronically Sick and Disabled Persons (Northern Ireland) Act 1978(5)
All relevant functions

Matrimonial Causes (Northern Ireland) Order 1978(6)
All relevant functions

Domestic Proceedings (Northern Ireland) Order 1980(7)
All relevant functions

Mental Health (Northern Ireland) Order 1986(8)
All relevant functions

Adoption (Northern Ireland) Order 1987(9)
All relevant functions

Disabled Persons (Northern Ireland) Act 1989(10)
All relevant functions

Children (Northern Ireland) Order 1995(11)
All relevant functions

Children and Young Persons Act (Northern Ireland) 1968
Relevant functions under section 163(2)

Health and Personal Social Services (Northern Ireland) Order 1972
Relevant functions under Articles 14A, 15, 15A, 36, 36A, 38(3) and (4), 99, 101, 101A and paragraphs 8 and 9 of Schedule 6

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

Mental Health (Northern Ireland) Order 1986
Relevant functions under 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
Relevant functions under Articles 11(1), 13(3)(a), 24, 31, 32, 59(4) and 66

Children (Northern Ireland) Order 1995
Relevant functions under Articles 21, 23, 26, 27, 32, 54, 66 and Schedule 3

Explanatory Note

(This note is not part of the Order.)
This order establishes the Ulster Community and Hospitals 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. The functions include the exercise of relevant statutory functions which may be delegated to the trust by Health and Social Services Boards by virtue of authorisations made under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994. Article 4 and the Schedule specify the operational area within which the trust may exercise delegated functions.
The Order also specifies the operational date of the trust (Article 6). Article 7 specifies £500,000 as the maximum value of freely disposable assets.


(1)
S.I. 1991/194 (N.I. 1); Article 10(1) was amended, and paragraph 3A was inserted, by S.I. 1994/429 (N.I. 2); paragraph 1 of Schedule 3 is cited for the definition of “an order”

(2)
S.I. 1994/429 (N.I. 2); the relevant functions are specified in S.R. 1994 No. 64 as amended by S.R. 1996 No. 439 and S.R. 1997 No. 132

(3)
1968 c. 34 (N.I.)

(4)
S.I. 1972/1265 (N.I. 14)

(5)
1978 c. 53

(6)
S.I. 1978/1045 (N.I. 15)

(7)
S.I. 1980/563 (N.I. 5)

(8)
S.I. 1986/595 (N.I. 4)

(9)
S.I. 1987/2203 (N.I. 22)

(10)
1989 c. 10

(11)
S.I. 1995/755 (N.I. 2)