UK Act of Parliament 2003 Northern Ireland

Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003

This Order establishes the Northern Ireland Health and Personal Social Services Regulation and Improvement Authority and makes provision for the registration and regulation of certain establishments and agencies. It also makes provision relating to the quality of health and personal social services and to adoption, fostering and children under 12. …

Enforced by
RQIA
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 3 of 19 obligations carry a fine up to £2,500. 5 carry different penalties and 11 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person10

Plus 9 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

INTRODUCTORY

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
Part 2

Health and Social Care Regulation and Quality Improvement Authority

3 of 5 sections shown
s.005 Advice and information about services (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • RQIA must provide advice and information to the DepartmentStatutory regulator
s.006 Regulations and directions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • The Department may regulate and direct RQIA operationsCrown / Minister / Government department
s.007 Annual report (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • RQIA must submit annual report on services and functionsStatutory regulator
2 other sections in this Part — procedural and definitional
Part 3

REGULATION OF ESTABLISHMENTS AND AGENCIES

10 of 26 sections shown
s.012 Requirement to register (opens in a new tab) Imprisonment
  • Operate an unregistered health or social care establishmentAny Person
s.013 Applications for registration (opens in a new tab) Regulated
  • Register your establishment or agency with the RQIAAny Person
s.018 Notice of proposals (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • RQIA must provide written notice and reasons for registration proposalsStatutory regulator
s.019 Right to make representations (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • RQIA must allow 28 days for representations before making a decisionStatutory regulator
s.020 Notice of decisions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • RQIA must provide written notice of registration decisions and appeal rightsStatutory regulator
s.024 Failure to comply with conditions (opens in a new tab) Prosecution
  • Fail to comply with registration conditionsAny Person

Unlimited fine

s.025 Contravention of regulations (opens in a new tab) Prosecution
  • Breach health or social care regulationsAny Person

Fine up to £2,500

s.026 False descriptions of establishments and agencies (opens in a new tab) Prosecution
  • False description of establishment or agencyAny Person

Unlimited fine

s.027 False statements in applications (opens in a new tab) Prosecution
  • Make false statements in registration applicationAny Person

Fine up to £2,500

s.028 Failure to display certificate of registration (opens in a new tab) Prosecution
  • Fail to display registration certificateAny Person

Fine up to £500

16 other sections in this Part — procedural and definitional
Part 4

QUALITY OF HEALTH AND social care

1 of 2 sections shown
s.034 Duty of quality (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HSC trusts must monitor and improve care quality and environmentsStatutory regulator
1 other section in this Part — procedural and definitional
Part 5

BOARDS AND HSC TRUSTS– ADOPTION, FOSTERING AND CHILDREN UNDER 12

1 of 2 sections shown
s.036 Provision of information (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HSC trusts must provide information to the RQIAStatutory regulator
1 other section in this Part — procedural and definitional
Part 6

MISCELLANEOUS

4 of 13 sections shown
s.038 Statements of minimum standards (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Department must publish and review minimum care standardsCrown / Minister / Government department
s.042 Inspections: provisions supplementary to Articles 40 and 41 (opens in a new tab) Prosecution
  • Obstruct or fail to comply with health inspection powersAny Person

Fine up to £2,500

s.043 Restrictions on disclosure of information under Article 40 or 41 (opens in a new tab) Regulated
  • Protect the identity of individuals when sharing confidential informationAny Person
s.044 The Care Tribunal (opens in a new tab) Prosecution
  • Fail to comply with Care Tribunal regulatory requirementsAny Person

Fine up to £1,000

9 other sections in this Part — procedural and definitional
s.paragraph/p3 Article 50—Amendments and repeals
Schedules

Schedules

0 of 29 shown
29 other schedules
s.sch001 The RQIA shall not be regarded as the servant or agent of the Crown or...
s.sch001 The Department may by regulations provide for arrangements under which— (a) members of staff of...
s.sch001 The Department may make payments to the RQIA of such amounts, at such times and...
s.sch001 (1) The RQIA shall— (a) keep proper accounts and proper records in relation to the...
s.sch001 The application of the seal of the RQIA shall be authenticated by the signature— (a)...
s.sch001 A document purporting to be duly executed under the seal of the RQIA or to...
s.sch001 (1) The powers conferred by this paragraph are exercisable by the Department if it is...
s.sch001 (1) The Department may by order make a scheme for the transfer to the RQIA...
s.sch001 (1) The Department may by order transfer or provide for the transfer to the RQIA...
s.sch001 (1) Subject to any directions given by the Department, the RQIA may do anything which...
s.sch001 The RQIA shall carry out its functions effectively, efficiently and economically.
s.sch001 The RQIA shall consist of a chairman and other members appointed by the Department.
s.sch001 The Department may by regulations make provision as to— (a) the appointment of the chairman...
s.sch001 (1) The RQIA may pay to its chairman, to any other member of the Authority...
s.sch001 (1) There shall be a chief executive of the RQIA who shall be a member...
s.sch001 (1) The RQIA may appoint such other staff as it considers appropriate. (2) Subject to...
s.sch001 The RQIA may arrange for the discharge of any of its functions by a committee,...
s.sch002 (1) There shall be appointed— (a) a panel of persons ( “the chairmen's panel”) who...
s.sch002 (1) The members of the chairmen's panel shall be appointed by the Northern Ireland Judicial...
s.sch002 (1) Each member of the chairmen's panel or lay panel shall hold and vacate office...
s.sch002 The Department may, with the consent of the Department of Finance and Personnel, provide such...
s.sch002 (1) The Department may pay any person, in respect of his service as a member...
s.sch002 The Department may pay such allowances for the purpose of or in connection with the...
s.sch003 The Department may by regulations provide that, if prescribed requirements are satisfied, Article 12 shall...
s.sch003 (1) Where a body is, before the commencement of Article 14, registered under Article 4...
s.sch003 The amendments made by paragraphs 2, 3(3) and (4) and 5 of Schedule 1 to...
1 other provision
s.(unknown) (unknown)

Help complying

Guvnor’s practical routes through this instrument.

Start a healthcare business

Launch a healthcare or social care business with CQC registration

Start a social care provider business

End-to-end learning path for starting a social care business. Covers which regulator applies, CQC registration, registered manager requirements, workforce qualifications (Care Certificate, …

Respond to a CQC investigation or enforcement action

What to do if your healthcare or social care service faces CQC enforcement action. Covers understanding the type and severity of action, …

Starting a social care provider business

Step-by-step guide to starting a social care business — from choosing your regulator through workforce requirements to financial planning.

RQIA registration quick check

Quick checklist for Northern Ireland care providers to check whether their service needs RQIA registration, fit person requirements, care standards, and what …

Responding to RQIA enforcement action

What to do when RQIA takes enforcement action against your care service in Northern Ireland. Covers conditions of registration, improvement notices, failure …

Compare healthcare regulation across the UK nations

Health and social care regulation is devolved, so each nation has its own regulator, legislation and registration process. Providing a regulated service …

Compare the care regulators in Scotland, Wales and Northern Ireland

Scotland, Wales and Northern Ireland each regulate care under their own law, through the Care Inspectorate, Care Inspectorate Wales and RQIA. They …

How RQIA regulates health and social care in Northern Ireland

The Regulation and Quality Improvement Authority registers and inspects health and social care services in Northern Ireland, where both are delivered through …

Meet RQIA Minimum Care Standards

Every RQIA-registered service in Northern Ireland must meet the Minimum Care Standards that the Department of Health publishes for its service type. …

Prepare for an RQIA inspection

The RQIA carries out both announced and unannounced inspections, so keep your service ready at all times. Check that your registration certificate …

Register a health or social care service with RQIA

If you plan to provide a health or social care service in Northern Ireland, such as a care home, domiciliary care agency …

Respond to RQIA enforcement action

If the RQIA takes enforcement action against your service in Northern Ireland, act quickly: a failure to comply notice sets improvements and …

Run care services across UK nations

Each UK nation has its own care inspectorate, legislation and quality framework, so registration in one does not cover another. To provide …

4 more guides that reference this instrument

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.