The Health and Personal Social Services (Quality, Improvement and Regulation) (2003 Order) (Commencement No.5 and Transitional Provisions) Order (Northern Ireland) 2010
Made: 3rd September 2010
The Department of Health, Social Services and Public Safety, in exercise of the powers conferred by Articles 1 (3) and 48 (2) of the Health and Personal Social Services (Quality, Improvement and Regulations) (Northern Ireland) Order 2003 [^f00001], makes the following order:
Citation and Interpretation
1
- (1) This order may be cited as the Health and Personal Social Services (Quality, Improvement and Regulation) (2003 Order) (Commencement No.5 and Transitional Provisions) Order (Northern Ireland) 2010.
- (2) In this Order—
- “the 2003 order” means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.
Appointed day
2
Subject to the remaining provisions of the Order, 3rd September 2010 is the appointed day for coming into operation of the provisions of the Order specified in Schedule 2 for the purposes only of making of the regulations.
3
29th October 2010 is the appointed day for the coming into operation of the provision of the 2003 Order as described in Schedule I, in so far as they are not already in operation.
Deemed registration
4
Where on 29th October 2010, a person who carries on or manages a voluntary adoption agency, which was immediately before the commencement date registered under Article 4 of the Adoption (Northern Ireland) 1987 [^f00002] as an adoption society, that person is to be treated for all purposes, as if he had been registered under Part III of the 2003 Order on that date.
Duration of deeming
5
Where a person is deemed to be registered under Article 4, registration shall cease to have effect—
- (a) where the person carrying on or managing a voluntary adoption agency has before 31st December 2010 made an application for registration under Article 13 (1) of the 2003 Order, on 1st April 2011; or
- (b) in any other case on 31st December 2010.
SCHEDULE 1 — Provisions of the Order Coming into Operation on 29th October 2010
| Provision of the Order | Subject Matter | Purposes |
|---|---|---|
| In Article 8 – Paragraph (2) (e) | Regulated establishments and agencies: general interpretation | All Purposes |
| In Article 15 – Paragraph (2) (e) | Cancellation of registration | All Purposes |
| In Article 40 – Paragraph (3) (b) | Power to require information from establishments and agencies and power of entry and inspection | All Purposes |
| In Schedule 4 | Amendments | In so far as it relates to – The Adoption (Northern Ireland) Order 1987 (N.I. 22) not already commenced.In so far as it relates to — The Adoption Inter-country Aspects Act (Northern Ireland) 2001 |
| In Schedule 5 | Repeals | In so far as it relates to – The Adoption (Northern Ireland) Order 1987 (N.I. 22). In so far as it relates to the Adoption Inter-country Aspects Act (Northern Ireland) 2001 |
SCHEDULE 2 — Provisions of the Order Coming into Operation on 3rd September 2010 for the purposes only of the making of the regulations.
| Provisions of the Order Column 1 | Subject Matter Column 2 | Purposes Column 3 |
|---|---|---|
| Schedule 4 amendments inserting Article 10 (1A) of the Adoption (Northern Ireland) Order 1987 | Regulation of adoption agencies – amendments to the Adoption (Northern Ireland) Order 1987 | For the purposes of authorising the monitoring of regulations. |
Signed
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 3rd September 2010.
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 Order)
EXPLANATORY NOTE
This Order brings into operation on 29th October 2010, further provisions of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (“the 2003 Order”) as set out in Article 2 (3) and Schedule 1.
Footnotes
[^f00001]: S.I. 2003/431 (N.I.9)
[^f00002]: S.I. 1987/2203 (N.I.22)
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