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Disabled Persons (Northern Ireland) Act 1989

1989 CHAPTER 10

An Act to make provision equivalent to the Disabled Persons (Services, Consultation and Representation) Act 1986 for Northern Ireland.

[25th May 1989]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Prospective

1 Appointment of authorised representatives of disabled persons.

(1) In this Act “ authorised representative ” , in relation to a disabled person, means a person for the time being appointed by or on behalf of that disabled person (in accordance with regulations made under this section) to act as his authorised representative for the purposes of this Act.

(2) The Department of Health and Social Services for Northern Ireland (in this Act referred to as “ the Department ”) may by regulations make provision with respect to the appointment of persons to act as the authorised representatives of disabled persons, including provision—

(a) for the manner in which the appointment of a person as an authorised representative is to be made; and

[F1 (b) for any such appointment to be notified to a relevant authority. F1]

(3) Any such regulations—

(a) may provide for the parent of a disabled person under the age of 16 to appoint himself or some other person as the authorised representative of the disabled person (but shall not permit a person under that age himself to appoint a person as his authorised representative);

(b) may provide for the appointment of a person as the authorised representative of a disabled person who is a child [F2 looked after by a relevant authority to be made by the F2][F3 relevant authority F3] in such circumstances as may be specified in the regulations;

(c) may, in accordance with subsection (4), provide for the appointment of a person as the authorised representative of a disabled person to be made by, or under arrangements made by, a [F3 relevant authority F3] in a case where the disabled person appears to the [F3 relevant authority F3] to be unable to appoint a person as his authorised representative by reason of any mental or physical incapacity;

(d) may contain such incidental or supplementary provisions as the Department thinks fit.

(4) Regulations under paragraph (c) of subsection (3) may make provision—

(a) for requiring a [F3 relevant authority F3] , for the purpose of enabling it to determine whether a disabled person is unable to appoint a person as his authorised representative as mentioned in that paragraph, to obtain the opinion of a registered medical practitioner;

(b) for authorising a [F3 relevant authority F3] , where it determines that a disabled person is so unable, either—

(i) itself to appoint a person as the disabled person’s authorised representative, or

(ii) to make with any voluntary organisation, person or persons approved by the [F3 relevant authority F3] for the purpose such arrangements as the [F3 relevant authority F3] thinks fit for such an appointment to be made by the organisation, person or persons concerned;

(c) for requiring or authorising a [F3 relevant authority F3] , before determining the question specified in paragraph (a), or (as the case may be) before making any appointment of an authorised representative, or any arrangements, in pursuance of paragraph (b), to consult any of the following, namely,—

(i) a person or persons appointed by the [F3 relevant authority F3] for the purpose, or

(ii) a person or persons falling within any class or description specified in the regulations;

(d) for requiring a [F3 relevant authority F3] , in such circumstances as may be specified in the regulations, to review the case of a disabled person whose authorised representative has been appointed in pursuance of paragraph (b) (whether by the [F3 relevant authority F3] or under any arrangements made by it) for the purpose of determining whether he is still unable to appoint a person as his authorised representative as mentioned in subsection (3)(c).

(5) Subsections (2) to (4) shall apply, with any necessary modifications, in relation to the termination of the appointment of a person as an authorised representative as they apply in relation to the making of such an appointment.

(6) It is hereby declared that any person exercising under Part II of the Mental Health Order—

(a) the functions of the nearest relative of a disabled person, or

(b) the functions of the guardian of a disabled person received into guardianship under that Part,

may, if appointed as such in accordance with this section, also act as that person’s authorised representative.

Prospective

2 Rights of authorised representatives of disabled persons.

(1) A [F4 relevant authority F4] shall permit the authorised representative of a disabled person, if requested by the disabled person—

(a) to act as the representative of the disabled person in connection with the provision of any personal social services for him, or

(b) to accompany the disabled person (otherwise than as his representative) to any meeting or interview held by or on behalf of the [F4 relevant authority F4] in connection with the provision of any such services for him.

(2) For the purpose of assisting the authorised representative of a disabled person to do any of the things mentioned in subsection (1)(a) and (b) a [F4 relevant authority F4] shall, if requested by the disabled person—

(a) supply to the authorised representative any information, and

(b) make available for his inspection any documents,

that the disabled person would be entitled to require the [F4 relevant authority F4] to supply to him or (as the case may be) to make available for his inspection.

(3) In relation to a disabled person whose authorised representative has been appointed by virtue of subsection (3) of section 1, subsections (1) and (2) above shall each have effect as follows—

(a) if the appointment was made by virtue of subsection (3)(a) of that section, the words “ the parent of ” shall be inserted after the words “if requested by” ; and

(b) if the appointment was made by virtue of subsection (3)(b) or (c) of that section, the words “ if requested by the disabled person ” shall be omitted.

(4) A [F4 relevant authority F4] shall not be required by virtue of subsection (1) or (2)—

(a) to permit an authorised representative to be present at any meeting or interview or part of a meeting or interview, or

(b) to supply any information to an authorised representative or to make any documents available for the inspection of an authorised representative,

if the [F4 relevant authority F4] is satisfied that to do so would be likely to be harmful to the interests of the disabled person by whom or on whose behalf the representative has been appointed; and in determining that matter the [F4 relevant authority F4] shall have regard to any wishes expressed by the disabled person.

(5) Where a disabled person is residing—

(a) in hospital but not in special accommodation, or

(b) in residential accommodation provided under [F5 section 2(1)(b) of the Health and Social Care (Reform) Act (Northern Ireland) 2009 and Article F5] 15 of the 1972 Order, or

(c) in accommodation provided in accordance with arrangements made by the Department under Article 36 of that Order, or

[F6 (d) in a residential care home or nursing home within the meaning of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003; or F6]

[F7 (e) in accommodation provided by or on behalf of a relevant authority under Part IV of the Children (Northern Ireland) Order 1995 or by a voluntary organisation or other person in accordance with arrangements made by a relevant authority under Article 18 of that Order, or F7]

F8 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) at any place specified by a person having the guardianship of the disabled person under Part II of the Mental Health Order, or

(h) in accommodation provided by any educational establishment,

the disabled person’s authorised representative may at any reasonable time visit him there and interview him in private.

(6) The Department may, after consulting such bodies as appear to it to be appropriate, provide by order for any of the preceding provisions of this section to have effect (with such modifications as may be prescribed by the order) in relation to the provision by Boards [F9 or HSS trusts F9] of such health services as may be specified by the order.

(7) The Department of Education for Northern Ireland may, after consulting such bodies as appear to it to be appropriate, provide by order for any of subsections (1) to (5) to have effect (with such modifications as may be prescribed by the order) in relation to the provision by [F10 the Authority F10] of such services as may be specified by the order.

(8) The Department of the Environment for Northern Ireland may, after consulting such bodies as appear to it to be appropriate, provide by order for any of subsections (1) to (5) to have effect (with such modifications as may be prescribed by the order) in relation to the provision by the Northern Ireland Housing Executive and district councils of such services as may be specified by the order.

(9) An order under subsection (6), (7) or (8) may provide for regulations made under section 1 to have effect for the purposes of the order with such modifications as may be specified, and in that event the reference in subsection (1) of that section to regulations made under that section shall be read as a reference to any such regulations as they have effect in accordance with the order.

Prospective

3 Assessment by Boards of needs of disabled persons.

(1) Where—

(a) on any assessment carried out by a [F11 relevant authority F11] in pursuance of any provision of this Act, or

(b) on any other occasion,

it falls to the [F11 relevant authority F11] to decide whether the needs of a disabled person call for the provision of any personal social services for that person, the [F11 relevant authority F11] shall afford an opportunity to the disabled person or his authorised representative to make, within such reasonable period as the [F11 relevant authority F11] may allow for the purpose, representations to an officer of the [F11 relevant authority F11] as to any needs of the disabled person calling for the provision of any such services for him.

(2) Where—

(a) either—

(i) representations have been made to a [F11 relevant authority F11] under subsection (1), or

(ii) the period mentioned in that subsection has expired without any representations being so made, and

(b) the [F11 relevant authority F11] has reached a decision on the question referred to in that subsection (having taken into account any representations made as mentioned above),

the [F12 relevant authority F12] shall, if requested by the disabled person or his authorised representative, supply the person making the request with a written statement complying with subsection (3).

(3) The written statement referred to in subsection (2) must—

(a) either specify—

(i) any needs of the disabled person which in the opinion of the [F11 relevant authority F11] call for the provision of any personal social services, and

(ii) in the case of each such need, the personal social services that it proposes to provide to meet that need,

or state that, in the opinion of the [F11 relevant authority F11] , the disabled person has no needs calling for the provision of any such services; and

(b) give an explanation of the [F13 relevant authority’s F13] decision; and

(c) contain particulars of the right of the disabled person or his authorised representative to make representations with respect to the statement under subsection (5).

(4) Where the [F11 relevant authority F11] does not propose to provide any personal social services to meet a particular need identified in any representations under subsection (1), any statement supplied under subsection (2) must state that fact together with the reasons why the [F11 relevant authority F11] does not propose to provide any such services.

(5) If the disabled person or his authorised representative is dissatisfied with any matter included in the statement supplied under subsection (2), that person may, within such reasonable period as the [F11 relevant authority F11] may allow for the purpose, make representations to an officer of the [F11 relevant authority F11] with respect to that matter.

(6) Where any such representations have been made to the [F11 relevant authority F11] in accordance with subsection (5), the [F11 relevant authority F11] shall—

(a) consider (or, as the case may be, reconsider) whether any, and (if so) what, personal social services should be provided for the disabled person to meet any need identified in the representations; and

(b) inform the disabled person or his authorised representative in writing of its decision on that question and its reasons for that decision.

(7) Where—

(a) the disabled person or his authorised representative is unable to communicate, or (as the case may be) be communicated with, orally or in writing (or in each of those ways) by reason of any mental or physical incapacity, or

(b) both of those persons are in that position (whether by reason of the same incapacity or not),

the [F11 relevant authority F11] shall provide such services as, in its opinion, are necessary to ensure that any such incapacity does not—

(i) prevent the [F11 relevant authority F11] from discharging its functions under this section in relation to the disabled person, or

(ii) prevent the making of representations under this section by or on behalf of that person.

(8) In determining—

(a) whether it is required to provide any services under subsection (7) to meet any need of the disabled person or his authorised representative, and

(b) (if so) what those services should be,

the [F14 relevant authority F14] shall have regard to any views expressed by either of those persons as to the necessity for any such services or (as appropriate) to any views so expressed as to the services which should be so provided.

(9) In this section “ representations ” means representations made orally or in writing (or both).

4 Services under s. 2 of the 1978 Act: duty to consider needs of disabled persons. I1

A [F15 relevant authority F15] shall, when requested to do so by—

(a) a disabled person,

(b) his authorised representative, or

(c) any person who provides care for him in the circumstances mentioned in section 8,

M1 decide whether the needs of the disabled person call for the provision by [F16 the authority F16] of any services in accordance with section 2 of the 1978 Act (provision of welfare services).

5 Disabled persons leaving special education.

(1) Where—

(a) [F17 the Authority F17] has made a statement under [F18 Article 16 F18] of the Education Order (statement of child’s special educational needs) in respect of a child under the age of 14, and

(b) the statement is still maintained by [F19 the Authority F19] at whichever is the earlier of the following times, namely—

(i) the time when [F19 the Authority F19] institutes the first annual review of the statement following the child’s fourteenth birthday, and

(ii) any time falling after that birthday when [F19 the Authority F19] institutes a re-assessment of his educational needs,

[F19 the Authority F19] shall at that time require the appropriate officer to give [F19 the Authority F19] his opinion as to whether the child is or is not a disabled person.

(2) Where—

(a) [F20 the Authority F20] makes any such statement in respect of a child after he has attained the age of 14, or

(b) [F20 the Authority F20] maintains any such statement in respect of a child in whose case the appropriate officer has, in pursuance of subsection (1), given his opinion that the child is not a disabled person, but [F21 the Authority F21] has become aware of a significant change in the mental or physical condition of the child giving [F22 the Authority F22] reason to believe that he may now be a disabled person,

[F21 the Authority F21] shall, at the time of making the statement or (as the case may be) of becoming aware of that change, require the appropriate officer to give [F21 the Authority F21] his opinion as to whether the child is or is not a disabled person.

(3) Where, in pursuance of subsection (1) or (2), an opinion has been given that a child is a disabled person and it subsequently appears to [F23 the Authority F23] —

(a) that the child will cease to receive full-time education at school on a particular date and will not subsequently be receiving full-time education at an institution of further education, or

(b) that the child will cease to receive full-time education at such an institution on a particular date,

[F23 the Authority F23] shall give to the appropriate officer written notification for the purposes of subsection (5) of the date referred to in paragraph (a) or (b); and any such notification shall be given not later than the relevant date and not earlier than four months before that date.

In this subsection “ the relevant date ” means the date falling 8 months before the date referred to in paragraph (a) or (b) above.

(4) If at any time it appears to [F24 the Authority F24] —

(a) that a person has on a particular date ceased to receive full-time education as mentioned in paragraph (a) or (b) of subsection (3) or will cease to do so on a particular date falling less than 8 months after that time, and

(b) that no notification of that date has been given to the appropriate officer under that subsection with respect to that person, but

(c) that, had [F25 the Authority F25] been aware of his intentions 8 months or more before that date, [F26 the Authority F26] would have been required to give notification of that date under that subsection with respect to him,

[F26 the Authority F26] shall, as soon as is reasonably practicable, give to the appropriate officer written notification for the purposes of subsection (5) of that date.

(5) When the appropriate officer receives a notification given with respect to any person under subsection (3) or (4), he shall (subject to subsections (6) and (7)) make arrangements for [F27 the relevant authority of which he is an officer to carry out an assessment of the needs of that person with respect to the provision by that relevant authority F27] of any personal social services for that person, and any such assessment shall be carried out—

(a) in the case of a notification under subsection (3), not later than the end of the period of 5 months beginning with the date of receipt of the notification, or

(b) in the case of a notification under subsection (4), before the date specified in the notification, if reasonably practicable, and in any event not later than the end of the period referred to in paragraph (a) above.

(6) If—

(a) a notification has been given to the appropriate officer with respect to any person under subsection (3) or (4), but

(b) it subsequently appears to [F28 the Authority F28] that that person will be receiving full-time education (whether at school or at an institution of further education) at a time later than the date specified in the notification,

[F28 the Authority F28] shall give written notification of the relevant facts to that officer as soon as is reasonably practicable; and on receiving any such notification that officer shall cease to be required under subsection (5) to make arrangements for the assessment of the needs of the person in question (but without prejudice to the operation of that subsection in relation to any further notification given with respect to that person under subsection (3) or (4)).

(7) Nothing in subsection (5) shall require the appropriate officer to make arrangements for the assessment of the needs of a person—

(a) if, having attained the age of 16, he has requested that such arrangements should not be made under that subsection, or

(b) if, being under that age, his parent has made such a request.

(8) [F18 Regulations under paragraph 7(2) of Schedule 2 to the Education Order (statements of special educational needs) may, in relation to the transfer of statements made under Article 16 F18] of that Order, make such provision as appears to the Department of Education for Northern Ireland to be necessary or expedient in connection with the provisions of this section.

(9) In this section—

“ the appropriate officer ”, in relation to the child or person referred to in the provision of this section in question, [F29 means such officer as may be appointed for the purposes of this section by the HSC trust in whose operational area the child or person is for the time being ordinarily resident. F29]

F30 “ child ” means, subject to [F18 Article 3(7) and (8) F18] of the Education Order in relation to a child with special educational needs, a person of compulsory school age who is registered as a pupil at a school or an institution of further education; ...

F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and other expressions used in this section and in the Education Order (and not defined in this Act) have the same meaning in this section as in that Order.

6 Review of expected leaving dates from full-time education of disabled persons.

(1) [F31 The Authority F31] shall for the purposes of section 5 keep under review the dates when the following children are expected to cease to receive full-time education at school or (as the case may be) at an institution of further education, namely—

(a) F32,F32 children ... in the case of each of whom an opinion has been given in pursuance of subsection (1) or (2) of section 5 that he is a disabled person ...; and

(b) F33 children at institutions of further education ... in the case of each of whom any such opinion has been given as mentioned in paragraph (a).

(2) Subsection (9) of section 5 shall have effect for the purposes of this section as it has effect for the purposes of that section.

[F34 7 Persons discharged from hospital accommodation.

(1) Where a person is to be discharged from hospital accommodation after having received medical treatment for mental disorder as an in-patient for a continuous period of not less than 6 months ending with the date on which he is to be discharged, the [F35 HSC trust F35] managing the hospital accommodation shall, as soon as is reasonably practicable after that date is known to it, give written notification of that date in accordance with subsection (3).

(2) Where—

(a) a person liable to be detained under the Mental Health Order is discharged from hospital accommodation in pursuance of an order for his immediate discharge made by the Mental Health Review Tribunal for Northern Ireland, and

(b) he is so discharged after having received medical treatment for mental disorder as an in-patient for a continuous period of not less than 6 months ending with the date of his discharge,

the [F35 HSC trust F35] managing the hospital accommodation shall, as soon as is reasonably practicable, give written notification of that person’s discharge in accordance with subsection (3).

(3) Notification under subsection (1) or (2) with respect to any person shall be given to any [F35 HSC trust F35] whose functions appear to include the provision of any health or personal social services which that person may need.

(4) Where—

(a) [F36 an HSC trust F36] receives a notification given under subsection (1) or (2) with respect to a person who is under the age of 19 on the date on which he is to be, or is, discharged; or

(b) the [F37 the HSC trust F37] managing the hospital accommodation from which such a person is to be, or is, discharged as mentioned in subsection (1) or (2) has functions which include the provision of any services mentioned in subsection (3),

that F38 ... trust shall, as soon as is reasonably practicable, give written notification of the date on which that person is to be, or is, discharged to [F39 the Authority F39] .

(5) Where—

(a) [F40 an HSC trust F40] receives a notification given with respect to a person under subsection (1) or (2), or

(b) [F41 the HSC trust F41] managing the hospital accommodation from which a person is to be, or is, discharged as mentioned in subsection (1) or (2) has functions which include the provision of any services mentioned in subsection (3),

that F42 ... trust shall, subject to subsection (8), make arrangements for an assessment of the needs of that person with respect to the provision of any health or personal social services the provision of which falls within the functions of that Board or trust.

(6) In making any arrangements under subsection (5) [F43 an HSC trust F43] falling within paragraph (a) of that subsection shall consult [F44 the HSC trust F44] managing the hospital accommodation in question.

(7) Any assessment for which arrangements are required to be made by subsection (5) shall be carried out—

(a) where the person is to be discharged as described in subsection (1), not later than the date mentioned in that subsection, or

(b) where the person is discharged as described in subsection (2), as soon as is reasonably practicable after the date of his discharge.

(8) [F45 An HSC trust F45] shall not be required to make arrangements for an assessment of the needs of a person by virtue of subsection (5) if that person has requested it not to make any such arrangements.

(9) Nothing in this section shall apply in relation to a person who is being discharged from any hospital accommodation for the purpose of being transferred to other hospital accommodation in which he will be an in-patient (whether or not he will be receiving medical treatment for mental disorder); but any reference in subsection (1) or (2) to a person’s having received medical treatment for mental disorder as an in-patient for the period mentioned in that subsection is a reference to his having received such treatment for that period whether or not he received the treatment at the same hospital accommodation throughout that period and disregarding any interruption of that period attributable to his being transferred to other hospital accommodation.

(10) In this section “medical treatment” has the meaning given by Article 2(2) of the Mental Health Order. F34]

8 Duty of [F46 relevant authority F46] to take into account abilities of carer. cross-notes I2

(1) Where—

(a) a disabled person is living at home and receiving a substantial amount of care on a regular basis from another person (who is not a person employed to provide such care by any body in the exercise of its functions under any enactment), and

(b) it falls to a [F47 relevant authority F47] to decide whether the disabled person’s needs call for the provision of any personal social services for him,

the [F47 relevant authority F47] shall, in deciding that question, have regard to the ability of that other person to continue to provide such care on a regular basis.

(2) Where that other person is unable to communicate, or (as the case may be) be communicated with, orally or in writing (or in each of those ways) by reason of any mental or physical incapacity, the [F47 relevant authority F47] shall provide such services as, in its opinion, are necessary to ensure that any such incapacity does not prevent the [F47 relevant authority F47] from being properly informed as to the ability of that person to continue to provide care as mentioned in subsection (1).

(3) Section 3(8) shall apply for the purposes of subsection (2) above as it applies for the purposes of section 3(7), but as if any reference to the disabled person or his authorised representative were a reference to the person mentioned in subsection (2).

9 Co-option to committees etc. of persons representing interests of disabled persons.

Where any enactment provides for the appointment or co-option to any council, committee or body of one or more persons with special knowledge of the needs of disabled persons, such appointment orco-option shall only be made after consultation with such organisation or organisations of disabled people as may be appropriate in each case.

10 Reports.

The Department shall annually lay before the Northern Ireland Assembly a report containing the following information, namely—

(a) such information as the Department considers appropriate with respect to the development of health services and personal social services in the community for persons suffering from mental disorder who are not resident in hospitals;

(b) information with respect to the number of persons receiving treatment for mental disorder as in-patients in hospital accommodation, and analysed by reference to age and length of stay; and

(c) such other information (if any) as the Department considers appropriate to be included in the report.

11 Interpretation, regulations and orders and repeal. I3

(1) In this Act—

[F59 (1A) In this Act any reference to a child who is looked after by a relevant authority has the same meaning as in the Children (Northern Ireland) Order 1995. F59]

(2) M5 The power to make regulations or an order under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(3) M6 A statutory rule containing regulations or an order under this Act (except an order under section 12(2)) shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if this Act were a Measure of the Northern Ireland Assembly.

F60 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12 Short title, commencement and extent. cross-notes

(1) This Act may be cited as the Disabled Persons (Northern Ireland) Act 1989.

(2) This Act shall come into force on such day as the Head of the Department may by order appoint, and different days may be appointed for different provisions or different purposes.

(3) This Act extends to Northern Ireland only.

Status: There are currently no known outstanding effects for the Disabled Persons (Northern Ireland) Act 1989.
Disabled Persons (Northern Ireland) Act 1989 (1989/10)
Version from: 1 April 2022

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
C1 S. 8 excluded (31.3.2003) by Carers and Direct Payments Act (Northern Ireland) 2002 (c. 6) , ss. 1(6) , 11 ; S.R. 2003/201 , art. 2
C2 S. 8 excluded by S.I. 1995/755 (N.I. 2) , art. 18A(6) (as inserted (31.3.2003) by Carers and Direct Payments Act (Northern Ireland) 2002 (c. 6) , ss. 5 , 11 ; S.R. 2003/201 , art. 2 )
C3 Power of appointment conferred by s. 12(2) partly exercised: S.R. 1989/474 , S.R. 1990/456
F1 S. 1(2)(b) substituted (1.4.1994) by S.I. 1994/429 (N.I. 2) , arts. 1(3) , 7(1) , Sch. 1 substituted
F2 S. 1(3)(b) substituted (4.11.1996) by S.I. 1995/755 (N.I. 2) , art. 185(1) , Sch. 9 para. 168 (with Sch. 8 para. 1 ); S.I. 1996/297 , art. 2(2) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F3 Words in s. 1 substituted (1.4.1994) by S.I. 1994/429 (N.I. 2) , arts. 1(3) , 7(1) , Sch. 1 substituted
F4 Words in s. 2 substituted (1.4.1994) by S.I. 1994/429 (N.I. 2) , arts. 1(3) , 7(1) , Sch. 1 substituted
F5 Words in s. 2(5)(b) substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1) , s. 34(3) , Sch. 6 para. 12 ; S.R. 2009/114 , art. 2 substituted
F6 S. 2(5)(d) substituted (1.4.2005) by The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431) , art. 1(3) , Sch. 4 ; S.R. 2005/44 , art. 3 , Sch. 1 (with arts. 4-13 ) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F7 S. 2(5)(e) substituted (4.11.1996) by S.I. 1995/755 (N.I. 2) , art. 185(1) , Sch. 9 para. 169 (with Sch. 8 para. 1 ); S.I. 1996/297 , art. 2(2) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F8 S. 2(5)(f) repealed (1.4.1993) by S.I. 1992/3204 (N.I. 20) , art. 38 , Sch. 2 ; S.R. 1993/75 , art. 2 repealed
F9 Words in s. 2(6) inserted (1.4.1994) by S.I. 1994/429 (N.I. 2) , arts. 1(3) , 7(1) , Sch. 1 inserted
F10 Words in s. 2(7) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12) , Sch. 3 para. 10(1) (with Sch. 2 para. 4(3) ); S.R. 2015/35 , art. 2(b) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F11 Words in s. 3 substituted (1.4.1994) by S.I. 1994/429 (N.I. 2) , arts. 1(3) , 7(1) , Sch. 1 substituted
F12 Words in s. 3 substituted (1.4.1994) by S.I. 1994/429 (N.I. 2) , arts. 1(3) , 7(1) , Sch. 1 substituted
F13 Words in s. 3(3)(b) substituted (1.4.1994) by S.I. 1994/429 (N.I. 2) , arts. 1(3) , 7(1) , Sch. 1 substituted
F14 Words in s. 3 substituted (1.4.1994) by S.I. 1994/429 (N.I. 2) , arts. 1(3) , 7(1) , Sch. 1 substituted
F15 Words in s. 4 substituted (1.4.1994) by S.I. 1994/429 (N.I. 2) , arts. 1(3) , 7(1) , Sch. 1 substituted
F16 Words in s. 4 substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3) , s. 8(1)(b) , Sch. 1 para. 127 ; S.R. 2022/102 , art. 2(b) substituted
F17 Words in s. 5(1) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12) , Sch. 3 para. 10(2)(a) (with Sch. 2 para. 4(3) ); S.R. 2015/35 , art. 2(b) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F18 Words in s. 5(1)(a)(8)(9) substituted (1.9.1997) by S.I. 1996/274 (N.I. 1) , art. 43 , Sch. 5 Pt. I ; S.R. 1997/307 , art. 3(d) substituted
F19 Words in s. 5(1) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12) , Sch. 3 para. 10(2)(b) (with Sch. 2 para. 4(3) ); S.R. 2015/35 , art. 2(b) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F20 Words in s. 5(2) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12) , Sch. 3 para. 10(3)(a) (with Sch. 2 para. 4(3) ); S.R. 2015/35 , art. 2(b) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F21 Words in s. 5(2) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12) , Sch. 3 para. 10(3)(b) (with Sch. 2 para. 4(3) ); S.R. 2015/35 , art. 2(b) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F22 Words in s. 5(2) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12) , Sch. 3 para. 10(3)(c) (with Sch. 2 para. 4(3) ); S.R. 2015/35 , art. 2(b) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F23 Words in s. 5(3) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12) , Sch. 3 para. 10(4) (with Sch. 2 para. 4(3) ); S.R. 2015/35 , art. 2(b) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F24 Words in s. 5(4) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12) , Sch. 3 para. 10(5)(a) (with Sch. 2 para. 4(3) ); S.R. 2015/35 , art. 2(b) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F25 Words in s. 5(4) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12) , Sch. 3 para. 10(5)(b) (with Sch. 2 para. 4(3) ); S.R. 2015/35 , art. 2(b) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F26 Words in s. 5(4) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12) , Sch. 3 para. 10(5)(c) (with Sch. 2 para. 4(3) ); S.R. 2015/35 , art. 2(b) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F27 Words in s. 5(5)(9) substituted (1.4.1994) by S.I. 1994/429 (N.I. 2) , arts. 1(3) , 7(1) , Sch. 1 substituted
F28 Words in s. 5(6) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12) , Sch. 3 para. 10(6) (with Sch. 2 para. 4(3) ); S.R. 2015/35 , art. 2(b) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F29 Words in s. 5(9) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3) , s. 8(1)(b) , Sch. 1 para. 128 ; S.R. 2022/102 , art. 2(b) substituted
F30 Words in s. 5(9) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12) , Sch. 4 (with Sch. 2 para. 4(3) ); S.R. 2015/35 , art. 2(b) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F31 Words in s. 6(1) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12) , Sch. 3 para. 10(7) (with Sch. 2 para. 4(3) ); S.R. 2015/35 , art. 2(b) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F32 Words in s. 6(1)(a) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12) , Sch. 4 (with Sch. 2 para. 4(3) ); S.R. 2015/35 , art. 2(b) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F33 Words in s. 6(1)(b) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12) , Sch. 4 (with Sch. 2 para. 4(3) ); S.R. 2015/35 , art. 2(b) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F34 S. 7 substituted (1.4.1994) by S.I. 1994/429 , arts. 1(3) , 7(1) , Sch. 1 substituted
F35 Words in s. 7(1)-(3) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3) , s. 8(1)(b) , Sch. 1 para. 129(2) ; S.R. 2022/102 , art. 2(b) substituted
F36 Words in s. 7(4)(a) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3) , s. 8(1)(b) , Sch. 1 para. 129(3)(a) ; S.R. 2022/102 , art. 2(b) substituted
F37 Words in s. 7(4)(b) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3) , s. 8(1)(b) , Sch. 1 para. 129(3)(b) ; S.R. 2022/102 , art. 2(b) substituted
F38 Words in s. 7(4) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3) , s. 8(1)(b) , Sch. 1 para. 129(3)(c) ; S.R. 2022/102 , art. 2(b) omitted
F39 Words in s. 7(4) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12) , Sch. 3 para. 10(8) (with Sch. 2 para. 4(3) ); S.R. 2015/35 , art. 2(b) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F40 Words in s. 7(5)(a) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3) , s. 8(1)(b) , Sch. 1 para. 129(4)(a) ; S.R. 2022/102 , art. 2(b) substituted
F41 Words in s. 7(5)(b) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3) , s. 8(1)(b) , Sch. 1 para. 129(4)(b) ; S.R. 2022/102 , art. 2(b) substituted
F42 Words in s. 7(5) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3) , s. 8(1)(b) , Sch. 1 para. 129(4)(c) ; S.R. 2022/102 , art. 2(b) omitted
F43 Words in s. 7(6) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3) , s. 8(1)(b) , Sch. 1 para. 129(5)(a) ; S.R. 2022/102 , art. 2(b) substituted
F44 Words in s. 7(6) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3) , s. 8(1)(b) , Sch. 1 para. 129(5)(b) ; S.R. 2022/102 , art. 2(b) substituted
F45 Words in s. 7(8) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3) , s. 8(1)(b) , Sch. 1 para. 129(6) ; S.R. 2022/102 , art. 2(b) substituted
F46 Words in s. 8 heading substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3) , s. 8(1)(b) , Sch. 1 para. 130 ; S.R. 2022/102 , art. 2(b) substituted
F47 Words in s. 8 substituted (1.4.1994) by S.I. 1994/429 (N.I. 2) , arts. 1(3) , 7(1) , Sch. 1 substituted
F48 Word in s. 11(1) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3) , s. 8(1)(b) , Sch. 1 para. 131(a) ; S.R. 2022/102 , art. 2(b) omitted
F49 Words in s. 11 inserted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12) , Sch. 3 para. 10(9) (with Sch. 2 para. 4(3) ); S.R. 2015/35 , art. 2(b) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F50 Words in definition of the “Education Order” in s. 11(1) substituted (1.9.1997) by S.I. 1996/274 (N.I. 1) , art. 43 , Sch. 5 Pt. I ; S.R. 1997/307 , art. 3(d) substituted
F51 Definition of guardian in s. 11(1) repealed (4.11.1996) by S.I. 1995/755 (N.I. 2) , art. 185(2) , Sch. 10 (with Sch. 8 para. 1 ); S.I. 1996/297 , art. 2(2) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F52 Words in s. 11(1) added (15.4.1991) by S.I. 1991/194 , arts. 1(2) , 34 , Sch. 5 Pt. II ; S.R. 1991/131 , art. 2 , Sch. Pt. I added
F53 Word in s. 11(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3) , s. 8(1)(b) , Sch. 1 para. 131(b) ; S.R. 2022/102 , art. 2(b) substituted
F54 Words in s. 11(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3) , s. 8(1)(b) , Sch. 1 para. 131(c) ; S.R. 2022/102 , art. 2(b) substituted
F55 Words in definition of “parent” in s. 11(1) substituted (4.11.1996) by S.I. 1995/755 (N.I. 2) , art. 185(1) , Sch. 9 para. 170(1)(a) (with Sch. 8 para. 1 ); S.I. 1996/297 , art. 2(2) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F56 Words in definition of “personal social services” in s. 11(1) repealed (1.4.1994) by S.I. 1994/429 (N.I. 2) , arts. 1(3) , 7(1)(3) , Sch. 1 , Sch. 2 repealed
F57 Words in definition of “personal social services” in s. 11(1) added (4.11.1996) by S.I. 1995/755 (N.I. 2) , art. 185(1) , Sch. 9 para. 170(1)(b) (with Sch. 8 para. 1 ); S.I. 1996/297 , art. 2(2) this amendment (text added) should be read in conjunction with other related provisions, see the commentary. added
F58 Words in s. 11(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3) , s. 8(1)(b) , Sch. 1 para. 131(d) ; S.R. 2022/102 , art. 2(b) substituted
F59 S. 11(1A) inserted (4.11.1996) by S.I. 1995/755 (N.I. 2) , art. 185(1) , Sch. 9 para. 170(2) (with Sch. 8 para. 1 ); S.I. 1996/297 , art. 2(2) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F60 S. 11(4) repealed (1.4.1994) by S.I. 1994/429 (N.I. 2) , arts. 1(3) , 7(3) , Sch. 2 repealed
I1 S. 4 partly in force; s. 4 not in force at Royal Assent see s. 12(2) ; s. 4 except paragraph (b) in force at 1.4.1991 by S.R. 1990/456 , art. 2 , Sch.
I2 S. 8 partly in force; s. 8 not in force at Royal Assent see s. 12(2); s. 8(1) in force at 1.4.1991 by S.R. 1990/456 , art. 2 , Sch.
I3 S. 11 wholly in force at 1.4.1991; s. 11 not in force at Royal Assent see s. 12(2); s. 11(1)-(3) in force at 7.12.1989 by S.R. 1989/474 , art. 2 , Sch. ; s. 11(4) in force at 1.4.1991 by S.R. 1990/456 , art. 2 , Sch.
M1 1978 c. 53 .
M2 S.I. 1972/1265 (N.I. 14) .
M3 1978 c. 53 .
M4 S.I. 1986/595 (N.I. 4) .
M5 S.I. 1979/1573 (N.I. 12) .
M6 1954 c. 33 (N.I.) .
Defined Term Section/Article ID Scope of Application
authorised representative s. 1 def_bda36a005f
child s. 5 def_459dba084d
if requested by the disabled person s. 2 def_8ef00d1562
medical treatment s. 7 def_7fa7791363
representations s. 3 def_e67ce15022
the appropriate officer s. 5 def_929a183b16
the Department s. 1 def_a4a586f7c1
the parent of s. 2 def_a19a707c22
the relevant date s. 5 def_f6c3c8010b

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