The Patient and Client Council (Membership and Procedure) Regulations (Northern Ireland) 2009

Type Ni-Statutory-Rule
Publication 2009-03-11
Last updated 2024-12-16
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
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Made: 11th March 2009

Coming into operation: 1st April 2009

The Department of Health, Social Services and Public Safety makes the following regulations in exercise of the powers conferred by sections 16(2), 17(4), 18(3), (4) and (5) of, and paragraphs 5 and 11(1) of Schedule 4 to, the Health and Social Care (Reform) Act (Northern Ireland) 2009[^f00001].

PART 1 — GENERAL

Citation, commencement and interpretation

1

PART 2 — MEMBERSHIP

Membership

2

Disqualification for appointment

3

Cessation of disqualification

4

Tenure of office

5

shall cease to be a Chair or a member of the Council;

shall be suspended from being a Chair or a member of the Council while so suspended.

Resignations

6

Removal

7

the Council shall forthwith, by resolution, declare the office to be vacant and shall notify that fact in such manner as it thinks fit, and thereupon the office shall become vacant.

Appointment of deputy Chair

8

Disclosure of pecuniary interest and exclusion of Chair and members of the Council in proceedings on account of pecuniary interest

9

and in the case of two people who are spouses, or civil partners, of each other and who are living together, the interest of one of them shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.

this regulation shall not prohibit him from taking part in the consideration or discussion of the contract, proposed contract or other matter, or from voting on any question with respect to it, without prejudice however to his duty to disclose his interest.

PART 3 — PROCEDURE

Committees

10

Sub-committees

11

Proceedings

12

Without prejudice to section 19(1)(a)(v) of the Interpretation Act (Northern Ireland) 1954[^f00014] (right of a body corporate to regulate its own procedure) the Council shall make standing orders regulating the procedure of the Council, its committees and sub-committees, including provisions regulating—

Validity of proceedings

13

The proceedings of the Council or of any committee or sub-committee are not invalidated—

Annual report

14

The Council shall, in respect of each financial year, prepare and send to the Department a report on the exercise of its functions which shall—

PART 4 — FUNCTIONS

Provision of assistance to individuals making or intending to make a complaint

15

For the purposes of section 17(4) of the Act (complaint of a prescribed description) the Council may provide assistance to individuals about any expression of dissatisfaction that requires a response and is reasonably connected with the exercise of the functions of a body responsible for health and social care in accordance with section 17(9) of the Act.

Entry to premises

16

and except where, in the opinion of the persons or bodies controlling those premises, this would compromise the effective provision of health and social care or the service user’s safety, privacy or dignity, those persons and bodies shall comply with the request for entry.

SCHEDULE — Specified Committee Areas

The area of each Patient and Client Council committee established in accordance with regulation 10(1) shall be the local government districts specified below:

Column 1 Committee Column 2 Area
Belfast Belfast and Castlereagh
Northern Antrim, Ballymena, Ballymoney, Carrickfergus, Coleraine, Cookstown, Larne, Magherafelt, Moyle and Newtownabbey
South Eastern Ards, Down, Lisburn and North Down
Southern Armagh, Banbridge, Craigavon, Dungannon and Newry and Mourne
Western Derry, Fermanagh, Limavady, Omagh and Strabane

Signed

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 11th March 2009

Dr J F Livingstone — A senior officer of the — Department of Health, Social Services and Public Safety

Explanatory note

(This note is not part of the regulations)

EXPLANATORY NOTE

These regulations make provision concerning the membership of the Patient and Client Council established under the Health and Social Care (Reform) Act (Northern Ireland) 2009. They prescribe that 16 persons shall be appointed to the Patient and Client Council by the Department (regulation 2(1)) and that these persons shall include 5 members of district councils, 5 persons representing voluntary organisations with an interest in health and social care and one person representing a trade union (regulation 2(2)). They provide for the disqualification and cessation of disqualification for appointment and prescribe in relation to tenure of office, suspension, resignation, removal and disclosure of interests of the Chair and persons appointed by the Department under these regulations. In addition, the regulations make provision in relation to standing orders and the appointment of a deputy Chair, committees and sub-committees. With regard to committees they specifically prescribe that the Patient and Client Council shall appoint a committee for each of the areas specified in the Schedule to which it may delegate such of its functions as it thinks fit. They also prescribe the nature of complaints the Patient and Client Council may provide assistance with and provide a right of entry for Patient and Client Council members to certain establishments providing health and social care.

Footnotes

[^f00001]: 2009 c.1 (N.I.)

[^f00002]: S.I. 1989/2405 (N.I. 19); the relevant amending instrument is S.I. 2005/1455 (N.I. 10)

[^f00003]: 2006 c.41

[^f00004]: 1978 c.29; section 2 was amended by paragraph 1 of Schedule 7 to the Health and Social Services and Social Security Adjudications Act 1983 (c.41) and by section 28 of the National Health Service and Community Care Act 1990 (c.19); section 10 was amended by paragraph 2 of Schedule 6 to the Health Services Act 1980 (c.53)

[^f00005]: 2003 c.4

[^f00007]: 2008 c.14

[^f00008]: S.I. 1992/807 (N.I. 5)

[^f00009]: S.I. 2002/3150 (N.I. 4)

[^f00010]: 1986 c.46

[^f00011]: 1986 c.45

[^f00012]: 1990 c.40

[^f00013]: 1907 c.36

[^f00014]: 1954 c.33 (N.I.)

Editorial notes

[^key-221627303bcc9abb99c99a8a05b261f9]: Reg. 1 in operation at 1.4.2009, see reg. 1(1)

[^key-e6940f7183b2031e15514a7f1066b5e1]: Reg. 2 in operation at 1.4.2009, see reg. 1(1)

[^key-bcb1b2825a5d66a5644127ba65938536]: Reg. 3 in operation at 1.4.2009, see reg. 1(1)

[^key-300ab6b01dcf1744deb50b452e408a06]: Reg. 4 in operation at 1.4.2009, see reg. 1(1)

[^key-04625b95d12783109f6e9f32ca8cc724]: Reg. 5 in operation at 1.4.2009, see reg. 1(1)

[^key-785e5897daae052a09a713e5a185df35]: Reg. 6 in operation at 1.4.2009, see reg. 1(1)

[^key-f42ff91926575c63ae5ee2f03031dcde]: Reg. 7 in operation at 1.4.2009, see reg. 1(1)

[^key-4b7d8928c0718847d731094c006f47bd]: Reg. 8 in operation at 1.4.2009, see reg. 1(1)

[^key-c7442f6217902adf2de5a53e50725b1c]: Reg. 9 in operation at 1.4.2009, see reg. 1(1)

[^key-8840ad00fd1fb3799d3ddc724bf2b490]: Reg. 10 in operation at 1.4.2009, see reg. 1(1)

[^key-d8e8f29884e1d9c96e8954dc894cded2]: Reg. 11 in operation at 1.4.2009, see reg. 1(1)

[^key-cef73e6d3f050cd5cd6ab41919630092]: Reg. 12 in operation at 1.4.2009, see reg. 1(1)

[^key-213a3ac318b4ef8589432155ead9ae0f]: Reg. 13 in operation at 1.4.2009, see reg. 1(1)

[^key-2559aee3d4e3e9117b5287dc6879366c]: Reg. 14 in operation at 1.4.2009, see reg. 1(1)

[^key-917c323262ebbd8f04224841d9b8b565]: Reg. 15 in operation at 1.4.2009, see reg. 1(1)

[^key-f0de5731ce039c2a5678332df17120b7]: Reg. 16 in operation at 1.4.2009, see reg. 1(1)

[^key-954511cc2e596bc2ef4a6bdd72f990d7]: Sch. in operation at 1.4.2009, see reg. 1(1)

[^key-0d0143837d1e39bcc6ed8e8b0068ef37]: Words in reg. 1(2) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 139(2)(a)

[^key-b761f2897d5bb9f9a2833d2df3aa86ab]: Words in reg. 1(2) omitted (1.4.2013) by virtue of The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 139(2)(b)(i)

[^key-8d396d34c24e033192bf2c9e9ba2e7ab]: Words in reg. 1(2) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 139(2)(b)(ii)

[^key-54dd4f094dd37dcbae5d40aebfb7b453]: Words in reg. 1(2) omitted (1.4.2013) by virtue of The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 139(2)(b)(iii)

[^key-a565f23209e2409c8e0a5cd5614046b8]: Words in reg. 3(1)(b) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 139(3)(a)

[^key-359c301b3505ac1f2835cd1fbc3fef6b]: Words in reg. 3(1)(h) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 139(3)(d)

[^key-e3c2f479b8c12c93ba806635c5b37e81]: Reg. 3(1)(i) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 139(3)(e)

[^key-ed8f4e29c0f4ce90737b8994bd95aecd]: Words in reg. 3(3)(a) renumbered as reg. 3(3)(a)(i) (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 139(3)(f)(i)

[^key-69718f84a677618744e78d93ef524e68]: Words in reg. 3(3)(a)(i) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 139(3)(f)(ii)

[^key-f105870d0cc2eb6fd4de0215009e290a]: Reg. 3(3)(a)(ii) and word inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 139(3)(f)(iii)

[^key-7396e69216fad72aa8149d6a1d8291e3]: Words in reg. 1(2) inserted (21.4.2015) by The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015 (S.R. 2015/159), art. 1, Sch. para. 48

[^key-020699e5f4048aa4526df9636dd7caf1]: Words in reg. 1(2) inserted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 55(2)

[^key-7d482552b3d0f3de24c38c374273d3df]: Words in reg. 3(1)(c) inserted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 55(3)

[^key-ed12accf12fa95f041e8a5458783d7b0]: Words in reg. 9(4) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 165 (with regs. 6-9)

[^key-72ac31edeef70192c5f82d67ac3be391]: Words in reg. 1(2) inserted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 35(a) (with reg. 3)

[^key-47ba4cc95abb28bd6c2967a31f3e0b65]: Words in reg. 1(2) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 35(b) (with reg. 3)

[^key-b1d62e9872943bdfe75966b82663ea4a]: Words in Regulation substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

[^key-4528e61f841ef0d332c3a588ae891d9c]: Words in reg. 1(2) inserted (16.12.2024) by The Health and Care Act 2022 (Further Consequential Amendments) Regulations 2024 (S.I. 2024/1205), regs. 1(1), 10(2)(a)

[^key-c49ef534853a6e8a4d44d14716250f0b]: Words in reg. 1(2) omitted (16.12.2024) by virtue of The Health and Care Act 2022 (Further Consequential Amendments) Regulations 2024 (S.I. 2024/1205), regs. 1(1), 10(2)(b)(i)

[^key-86d7343d2af3174133d346d211733fe2]: Words in reg. 1(2) inserted (16.12.2024) by The Health and Care Act 2022 (Further Consequential Amendments) Regulations 2024 (S.I. 2024/1205), regs. 1(1), 10(2)(b)(ii)

[^key-216ec1429bb5bffaa597b7c8557ae384]: Words in reg. 3(1)(f) omitted (16.12.2024) by virtue of The Health and Care Act 2022 (Further Consequential Amendments) Regulations 2024 (S.I. 2024/1205), regs. 1(1), 10(3)(a)(i)

[^key-5ae484938764e710e9627251b7fbdf7a]: Reg. 3(1)(fa) omitted (16.12.2024) by virtue of The Health and Care Act 2022 (Further Consequential Amendments) Regulations 2024 (S.I. 2024/1205), regs. 1(1), 10(3)(a)(ii)

[^key-012959f65cfcde79d854ab151bab1be2]: Words in reg. 3(1)(h) omitted (16.12.2024) by virtue of The Health and Care Act 2022 (Further Consequential Amendments) Regulations 2024 (S.I. 2024/1205), regs. 1(1), 10(3)(a)(iii)(aa)

[^key-2aaf8db4a4b61db3ea37e411a7f535ec]: Words in reg. 3(1)(h) inserted (16.12.2024) by The Health and Care Act 2022 (Further Consequential Amendments) Regulations 2024 (S.I. 2024/1205), regs. 1(1), 10(3)(a)(iii)(bb)

[^key-b264639bd7fc4237b13d658d30824067]: Words in reg. 3(3)(a)(i) omitted (16.12.2024) by virtue of The Health and Care Act 2022 (Further Consequential Amendments) Regulations 2024 (S.I. 2024/1205), regs. 1(1), 10(3)(b)(i)

[^key-1a4638d9f44c14e9622fdc150a7c9c97]: Words in reg. 3(3)(a)(i) inserted (16.12.2024) by The Health and Care Act 2022 (Further Consequential Amendments) Regulations 2024 (S.I. 2024/1205), regs. 1(1), 10(3)(b)(ii)

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