Introductory Title and commencement 1 1 This Order may be cited as the Health and Personal Social Services and Public Health (Northern Ireland) Order 1986. 2 Except as provided by paragraph (3), this Order shall come into operation on the expiration of 2 months from the day on which it is made. 3 Article 10 shall come into operation on such day or days as the Head of the Department of Health and Social Services may by order appoint . Interpretation 2 1 The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly. 2 In this Order— “the Health and Personal Social Services Order” means the Health and Personal Social Services (Northern Ireland) Order 1972; “the Public Health Act” means the Public Health Act (Northern Ireland) 1967. Health and social care Dissolution of the Northern Ireland Health and Social Services Council 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art. 4 rep. by 1991 NI 1 Art. 5 rep. by 1988 NI 23 Acquisition and disposal of land 6 After Article 48(1) of the Health and Personal Social Services Order (acquisition of land) there shall be inserted— 1A Where the Department proposes to dispose of any land and is of the opinion that it is necessary, in order to facilitate that disposal, to acquire land adjoining that land, then, notwithstanding that the acquisition of that adjoining land is not required for the purposes of any of the health or personal social services, the Department may acquire by agreement that adjoining land. . Medical practitioners whose registration is suspended 7 In Article 56 of the Health and Personal Social Services Order (arrangements for general medical services)— a at the end of paragraph (2)(g) there shall be added— h for the making of arrangements for the temporary provision of general medical services; i for the circumstances in which a name added to the list under paragraph (4A) may be removed from it. ; b after paragraph (4) there shall be inserted— 4A The persons with whom arrangements for the temporary provision of general medical services in an area may be made under paragraph (2)(h) include medical practitioners who are not on the list of medical practitioners providing such services in the area and accordingly the provision for the preparation, publication and maintenance of lists of medical practitioners under paragraph (2)(a) and (b) shall include provision for the addition to the list of the names of medical practitioners with whom such arrangements are made. 4B Regulations may provide that this Order and any regulations made under it shall apply in relation— a to the making of arrangements for the temporary provision of general medical services; and b to the provision of general medical services in pursuance of any such arrangements, subject to such modifications as may be specified in the regulations. 4C Where the registration of a medical practitioner in the register of medical practitioners is suspended— a by direction of the Health Committee of the General Medical Council under section 37(1) of the Medical Act 1983 (unfitness to practise by reason of physical or mental condition); b by an order of that Committee under section 38(1) of that Act (order for immediate suspension); or c by an interim order of the Preliminary Proceedings Committee of the Council under section 42(3)(b) of that Act; the suspension shall not terminate any arrangements made with him for the provision of general medical services, but he shall not provide such services in person during the suspension. . Dental practitioners whose registration is suspended 8 After Article 61(2A) of the Health and Personal Social Services Order (arrangements for general dental services) there shall be inserted— 2B Where the registration of a dental practitioner in the dentists register is suspended— a by an order under section 32 of the Dentists Act 1984 (interim suspension); or b by a direction or an order of the Health Committee under that Act (health cases), the suspension shall not terminate any arrangements made with him for the provision of general dental services, but he shall not provide such services in person during the suspension. 2C Regulations under paragraph (2)(e) may provide for the making of payments in consequence of suspension to a dental practitioner whose registration is suspended as mentioned in paragraph (2B). . Art. 9 rep. by 1991 NI 1 Recovery of cost of accommodation where persons have disposed of assets 10 After Article 101 of the Health and Personal Social Services Order there shall be inserted— Recovery of cost of accommodation where persons have disposed of assets 101A 1 Subject to the following provisions of this Article, where— a accommodation is provided under Article 15 or 36 for any person; and b that person knowingly and with the intention of avoiding charges for the accommodation— i has transferred any asset to which this Article applies to some other person or persons not more than 6 months before the date on which he begins to reside in such accommodation; or ii transfers any such asset to some other person or persons while residing in the accommodation; and c either— i the consideration for the transfer is less than the value of the asset; or ii there is no consideration for the transfer, the person or persons to whom the asset is transferred by the person for whom the accommodation is provided shall be liable to pay to the Department the difference between the amount assessed as due to be paid for the accommodation by the person for whom the accommodation is provided and the amount which the Department receive from him for it. 2 This Article applies to cash and any other asset which falls to be taken into account for the purpose of assessing under Article 99 the ability to pay for the accommodation of the person for whom it is provided. 3 Paragraph (1) shall have effect in relation to a transfer by a person who leaves accommodation provided under Article 15 or 36 and subsequently resumes residence in such accommodation as if the period of 6 months mentioned in sub-paragraph (b)(i) were a period of 6 months before the date on which he resumed residence in such accommodation. 4 Where a person has transferred an asset to which this Article applies to more than one person, the liability of each of the persons to whom it is transferred shall be in proportion to the benefit accruing to him from the transfer. 5 A person's liability under this Article shall not exceed the benefit accruing to him from the transfer. 6 Subject to paragraph (7), the value of any asset to which this Article applies, other than cash, which has been transferred shall be taken to be the amount of the consideration which would have been realised for it if it had been sold on the open market by a willing seller at the time of the transfer. 7 For the purpose of calculating the value of an asset under paragraph (6) there shall be deducted from the amount of the consideration— a the amount of any incumbrance on the asset; and b a reasonable amount in respect of the expenses of the sale. . Annual reports 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Health and Social Services Boards 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art. 13 rep. by 1989 NI 7 Art. 14 rep. by 1988 NI 13 Tobacco products 15 1 In the Health and Personal Social Services (Northern Ireland) Order 1978— a Article 3(2) (defence for seller of tobacco) shall cease to have effect; b in Article 4(1) (control of automatic machines for sale of tobacco) for “may” where it first occurs there shall be substituted “ shall ” ; c in Article 7 (interpretation), in the definition of “tobacco” for “and tobacco substitutes” there shall be substituted “ , tobacco substitutes and any product containing tobacco and intended for oral or nasal use. ” . 2 Paragraph (1)(a) does not affect any offence alleged to have been committed before the date on which this Article comes into operation and paragraph (1)(b) does not affect the powers of the court on a complaint made before that date. Public health Payments to medical practitioners 16 In section 2(4) of the Public Health Act (fee for certificate) for “prescribed” there shall be substituted “ determined by the Department, subject to such exceptions and conditions as may be so determined. ” . Regulations for control of certain diseases 17 In the Public Health Act— a after section 2 there shall be inserted— Regulations for control of certain diseases. 2A 1 Subject to the provisions of this section, the Department may, as respects the whole or part of Northern Ireland, including coastal waters, make regulations— a with a view to the treatment of persons affected with any epidemic, endemic or infectious disease and for preventing the spread of such diseases, and b for preventing danger to public health from vessels or aircraft arriving at any place, so, however, that before making regulations under sub-paragraph (b) the Department shall consult, in the case of vessels, the Secretary of State. 2 Without prejudice to the generality of subsection (1), the Department may by any such regulations apply, with or without modifications, to any disease to which the regulations relate any enactment relating to the notification of disease or to notifiable or infectious diseases. 3 Regulations made under this section may provide for— a the signals to be displayed by vessels or aircraft having on board any case of epidemic, endemic or infectious disease, b the questions to be answered by masters, pilots and other persons on board any vessel or aircraft as to cases of such disease on board during the voyage or on arrival, c requiring persons alighting from aircraft to answer questions pertaining to their state of health or their contact with infection, d the detention of vessels or aircraft and of persons on board them, e the duties to be performed in cases of such diseases by masters, pilots and other persons on board vessels or aircraft, and may authorise the making of charges and provide for the recovery of such charges and of any expenses incurred in disinfection. 4 Subject to section 2B, regulations made under this section— a shall provide for their enforcement and execution by Health and Social Services Boards, and b may also provide for their enforcement and execution by officers of customs and excise, but regulations so made shall require— i so far as they apply to officers of customs and excise, the consent of the Commissioners of Customs and Excise; ii so far as they apply to signals, in the case of vessels, the consent of the Secretary of State. 5 Subject to section 2B, the following persons, that is to say— a authorised officers of any such Board as is specified by the regulations in accordance with subsection (4)(a), and b officers of customs and excise, may enter any premises for the purpose of executing, or superintending the execution of, regulations under this section. 6 Any person who wilfully neglects or refuses to obey or carry out, or obstructs the execution of, any regulations made under this section shall be guilty of an offence and, in a case where no provision is made in the regulations for his punishment, be liable on summary conviction to a fine not exceeding level 5 on the standard scale. 7 Where a person is convicted of an offence under subsection (6) and where that subsection is again contravened within one year after the conviction he shall be liable on summary conviction to a further fine not exceeding £50 for every day subsequent to the day on which he is first convicted of an offence under subsection (6) on which it is so contravened. Application of section 2A to certain aerodromes. 2B 1 In relation to aerodromes for the time being vested in or under the control of the Secretary of State and in relation to persons and aircraft arriving at any such aerodromes— a subsection (4) of section 2A shall have effect as if, for paragraph (a) of that subsection, there were substituted— a may provide for their enforcement and execution by officers designated for that purpose by the Secretary of State, and , b so much of that subsection as requires the consent of the Commissioners of Customs and Excise shall not apply, and c subsection (5) of that section shall have effect as if, for paragraph (a) of that subsection, there were substituted— a officers designated in accordance with subsection (4)(a) (as modified by section 2B(1)(a)), and . 2 In this section “aerodrome” has the meaning given by section 105(1) of the Civil Aviation Act 1982. ; b after section 22(1) (powers of entry) there shall be inserted— 1A Subsection (1)(c) shall not apply to regulations under section 2A. ; c in section 24 (general penalty) after “shall” there shall be inserted “ subject to section 2A(6) and (7) ” ; d in section 32 (interpretation)— i in the definition of “building” for “ship, vessel, boat, hover vehicle” there shall be substituted “ vessel or aircraft ” ; ii the definition of “hover vehicle” shall be omitted; iii in the definition of “infectious disease” after “but” there shall be inserted “(except in section 2A(1)(a)) ” ; iv at the end there shall be inserted— “ vessel ” has the same meaning as in the Merchant Shipping act 1894 except that it includes a hovercraft within the meaning of the Hovercraft Act 1968 and “master” shall be construed accordingly. . Removal to, or detention in, hospital of person with notifiable disease 18 After section 3 of the Public Health Act there shall be inserted— Removal to hospital of person with notifiable disease. 3A 1 Where a resident magistrate is satisfied, on the application of a Health and Social Services Board that a person is suffering from a notifiable disease and that serious risk of infection is thereby caused to other persons, the magistrate may order him to be removed to a hospital. 2 An order under this section may be addressed to an authorised officer and that officer and any other authorised officer may do all acts necessary for giving effect to the order. Detention in hospital of person with notifiable disease. 3B 1 Where a resident magistrate is satisfied, on the application of a Health and Social Services Board, that serious risk of infection would be caused to persons if an in-patient of a hospital who is suffering from a notifiable disease were to leave the hospital, the magistrate may order the in-patient to be detained in the hospital. 2 An order under subsection (1) may direct detention for a period specified in the order, but any resident magistrate may extend a period so specified as often as it appears to him to be necessary to do so. 3 Any person who leaves a hospital contrary to an order made under this section for his detention there shall be guilty of an offence under this Part and the court may order him to be taken back to hospital. 4 An order under this section may be addressed to an authorised officer and that officer and any other authorised officer may do all acts necessary for giving effect to the order. . Article 19—Repeals