21. Health and Health Services

Updated to 3 July 2020 (Act No. 2 of 2020 and S.I. No. 236 of 2020)

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21.1. Health Service Organisation, Including Hospitals

21.1.1. Health Service Executive

Health 42/2004
Health 23/2013
Health
  • none
17/2014
Health 28/1947
Health 26/1953
Health 1/1970
Health
  • none
10/1986
Health
  • none
3/1987
Health 15/1991
Health 11/1994
Health 15/1996
Health
  • none
23/1996
Health 32/1996
Health
  • none
3/2005
Health
  • none
42/2007
Health 25/2009
Health
  • none
15/2010
Health 31/2013
Health 9/1960
Health 13/1999
Health 17/2019
1 The enabling provision is Health Act 1970 (1/1970), s. 4 (Establishment of health boards). Sections 4(1), (5) and (6) are repealed by Health Act 2004 (42/2004), s. 73, commenced by S.I. No. 887 of 2004. There is a saver for regulations in s. 73: (3) Each order, regulation and rule that was made under a provision of an enactment repealed or revoked by this Act and that was in force immediately before such repeal or revocation continues in force under the corresponding provision, if any, of this Act, subject to such adaptations and modifications as the Minister may, by regulation, make for the purpose of bringing any such order, regulation or rule into conformity with this Act. However, as the health boards were abolished by the Health Act 2004, this SI appears to be obsolete and should be revoked.
2 The enabling provision is Health Act 1970 (1/1970), s. 6 (Functions of health boards). This was repealed by Health Act 2004 (42/2004), s. 73, commenced by S.I. No. 887 of 2004. There is a saver for regulations in s. 73(3) (above). However, as the health boards were abolished by the Health Act 2004, this SI appears to be obsolete and should be revoked.
3 The enabling provision is Health Act 1970 (1/1970), s. 19 (Age limits). This was repealed by Health Act 2004 (42/2004), s. 73, commenced by S.I. No. 887 of 2004. There is a saver for regulations in s. 73(3) (above).
4 The enabling provision is Health Act 1970 (1/1970), s. 30 (Health board estimates). This was repealed by Health Act 2004 (42/2004), s. 73, commenced by S.I. No. 887 of 2004. There is a saver for regulations in s. 73(3) (above). However, the SI appears to be spent and should be revoked.
5 The enabling provision is Health Act 1970 (1/1970), s. 11 (Joint action by health boards). This was repealed by Health Act 2004 (42/2004), s. 73, commenced by S.I. No. 887 of 2004. There is a saver for regulations in s. 73(3) (above). However, the Board established by this SI was dissolved by Health Act 2004, ss. 56 and 58, so that this SI is obsolete and should be revoked.
6 The enabling provision is Health Act 1970 (1/1970), s. 42 (Dissolution of Hospitals Commission). This was repealed by Health Act 2004 (42/2004), s. 73, commenced by S.I. No. 887 of 2004. There is a saver for regulations in s. 73(3) (above). However, the SI appears to be spent and should be revoked.
7 The enabling provision is Health Act 1970 (1/1970), s. 4 (Establishment of health boards). Sections 4(1), (5) and (6) were repealed by Health Act 2004 (42/2004), s. 73, commenced by S.I. No. 887 of 2004. There is a saver for regulations in s. 73(3) (above). However, as the health boards were abolished by the Health Act 2004, this SI appears to be obsolete and should be revoked.
8 The enabling provision is Health Act 1970 (1/1970), s. 11 (Joint action by health boards). This was repealed by Health Act 2004 (42/2004), s. 73, commenced by S.I. No. 887 of 2004. There is a saver for regulations in s. 73(3) (above).
9 The enabling provision is Health Act 1970 (1/1970), s. 11 (Joint action by health boards). This was repealed by Health Act 2004 (42/2004), s. 73, commenced by S.I. No. 887 of 2004. There is a saver for regulations in s. 73(3) (above). However, the Board established by this SI was dissolved by Health Act 2004, ss. 56 and 58, so that this SI is obsolete and should be revoked.
10 Ibid.
11 The enabling provision is Health Act 1970 (1/1970), s. 11 (Joint action by health boards). This was repealed by Health Act 2004 (42/2004), s. 73, commenced by S.I. No. 887 of 2004. There is a saver for regulations in s. 73(3) (above). However, this SI was superseded by S.I. No. 891 of 2004 which in turn was revoked by S.I. No. 633 of 2006, reg. 8. It is obsolete and should be revoked.
12 Ibid.
13 The enabling provision is Health Act 1970 (1/1970), s. 11 (Joint action by health boards). This was repealed by Health Act 2004 (42/2004), s. 73, commenced by S.I. No. 887 of 2004. There is a saver for regulations in s. 73(3) (above). However, the Board established by this SI was dissolved by Health Act 2004, ss. 56 and 58, so that this SI is obsolete and should be revoked.
14 The enabling provision is Health Act 1970 (1/1970), s. 11 (Joint action by health boards). This was repealed by Health Act 2004 (42/2004), s. 73, commenced by S.I. No. 887 of 2004. There is a saver for regulations in s. 73(3) (above). However, this SI was superseded by S.I. No. 891 of 2004 which in turn was revoked by S.I. No. 633 of 2006, reg. 8. It is obsolete and should be revoked.
15 A number of Disabled Persons and Infectious Diseases (Maintenance Allowances) regulations, made under reg. 5 (Regulations) of this Act, s. 44 (Maintenance of person suffering from infectious disease, etc.) and Health Act 1970 (1/1970), ss. 69 (Maintenance allowances for disabled persons) and 72 (Regulations) are obsolete and should be revoked. They were replaced by Social Welfare Act 1996 (7/1996), part IV. They are S.I. Nos. 185 of 1974, 39 of 1975, 221 of 1975, 67 of 1976, 260 of 1976, 79 of 1977, 314 of 1977, 54 of 1978, 79 of 1979, 338 of 1979, 92 of 1980, 100 of 1981, 77 of 1982, 154 of 1983, 305 of 1987, 306 of 1987, 316 of 1988, 320 of 1989, 284 of 1990, 309 of 1991, 331 of 1993, 336 of 1994, 313 of 1995, 165 of 1996, 346 of 1996, 479 of 1997, 525 of 1998, 369 of 1999, 394 of 2000, 549 of 2001, 547 of 2002, 617 of 2003, 768 of 2004, 692 of 2005, 598 of 2006, 785 of 2007, 581 of 2008. A number of SIs made under Health Act 1953 (26/1953), s. 50(5) (Rehabilitation and maintenance of disabled persons) are obsolete and should be revoked: S.I. Nos. 188 of 1967, 155 of 1968, 142 of 1969, 169 of 1970, 207 of 1971, 168 of 1972.
16 This SI appears to be spent and could be revoked.
17 Ibid.
18 Ibid.
19 Ibid.
20 The enabling provision is probably Part VIII.
21 The enabling provision of Health Act 1947 is not specified and appears to be s. 5 (Regulations).
22 Ibid.
23 The enabling provisions are Health Acts 1947 and 1953. Health Act 1947 (28/1947) remains in force and contains regulation making powers in s. 5. Health Act 1953 was repealed by Health Act 1970 (1/1970), s. 3, with a saver in s. 72 for regulations to be continued under the 1971 Act. This SI is listed under the 1947 Act as it is first listed in the recital.
24 This SI appears to be spent as the legislation it refers to has been repealed. It should be revoked.
25 The enabling provisions are Health Act 1953 (26/1953), ss. 45 (Joint action by health authorities) and 46 (Balrothery and Rathdown Boards of Assistance) and Health Act 1947, s. 7 (Revocation or amendment of order made by the Minister under this Act). Sections 45 and 46 were repealed by Health Act 1970 (1/1970), s. 3 and sch. 1, but regulations were continued under s. 72(3). Section 7 remains in force. This SI may be obsolete.
26 The enabling provisions are Health Act 1953 (26/1953), s. 45 (Joint action by health authorities) and Health Act 1947, s. 7 (Revocation or amendment of order made by the Minister under this Act). Section 45 was repealed by Health Act 1970 (1/1970), s. 3 and sch. 1, but regulations were continued under s. 72(3). Section 7 remains in force. This SI may be obsolete.
27 Ibid.
28 This SI provides for charges for acute anterior poliomyelitis vaccinations, and is probably obsolete and should be revoked.
29 The enabling provisions are Health Act 1953 (26/1953), ss. 45 (Joint action by health authorities) and 46 (Balrothery and Rathdown Boards of Assistance) and Health Act 1947, s. 7 (Revocation or amendment of order made by the Minister under this Act). Sections 45 and 46 were repealed by Health Act 1970 (1/1970), s. 3 and sch. 1, but regulations were continued under s. 72(3). Section 7 remains in force. This SI may be obsolete.
30 The enabling provisions are Health Act 1953 (26/1953), s. 45 (Joint action by health authorities) and Health Act 1947, s. 7 (Revocation or amendment of order made by the Minister under this Act). Section 45 was repealed by Health Act 1970 (1/1970), s. 3 and sch. 1, but regulations were continued under s. 72(3). Section 7 remains in force. This SI may be obsolete.
31 Ibid.
32 The enabling provision is Health Act 1947 (28/1947), s. 54 (Regulations for prevention of danger from food and drink) which has been substituted twice: by S.I. No. 333 of 1991 and then by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 25, in each case continuing the power to make regulations. The 2006 provision contains a saver in s. 25(6) for regulations made under the repealed section; the former does not. However, given the continuing power to make regulations contained in the 1991 amendment, the SI appears to remain in force.
33 The enabling provisions are Health Acts 1947, s. 5 (Regulations) and 1953, s. 54 (Shelter and maintenance in county home). Health Act 1953 was repealed by Health Act 1970 (1/1970), s. 3, with a saver for regulations in s. 72. Health Act 1947 (28/1947), s. 5 remains in force. This SI is listed under the 1947 Act as it is first listed in the recital.
34 The enabling provisions are Health Act 1947 (28/1947), s. 5 (Regulations) and Health Act 1970 (1/1970), ss. 53 (Charges for in-patient services), 54 (In-patient services at choice of patient, etc.) and 72 (Regulations). Section 5 remains in force. Section 53 has been heavily amended. Section 54 was repealed by Health (Nursing Homes) Act 1990 (23/1990), s. 15, commenced by S.I. No. 222 of 1993. Section 72 is extant. The SI appears to remain in force.
35 The enabling provisions are Health Act 1947 (28/1947), ss. 5 (Regulations), 54 (Regulations for prevention of danger from food and drink) and 59 (Enforcement of regulations under Part V, etc.), Health Act 1953 (26/1953), s. 38(3) (Regulations) and Health Act 1970 (1/1970), s. 6 (Functions of health boards). Section 54 has been substituted twice: by S.I. No. 333 of 1991 and then by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 25, in each case continuing the power to make regulations. The 2006 provision contains a saver in s. 25(6) for regulations made under the repealed section; the former does not. However, given the continuing power to make regulations contained in the 1991 amendment, and the other enabling provisions, the SI appears to remain in force. Health Act 1970, s. 6 was repealed by Health Act 2004 (42/2004), s. 73(1), commenced by S.I. No. 887 of 2004, with a saver for regulations in s. 73(3).
36 Ibid.
37 The enabling provisions are Health Act 1947 (28/1947), s. 5 (Regulations) and Health Act 1970 (1/1970), ss. 17(4)(e) (Performance of duties of officers), 58 (General practitioner medical and surgical service), 59 (Drugs, medicines and appliances) and 72 (Regulations). Section 5 remains in force. Section 17 of the 1970 Act was repealed by Health Act 2004 (42/2004), s. 73(1), commenced by S.I. No. 887 of 2004, with a saver for regulations in s. 73(3). Section 58 of the 1970 Act was substituted by Health (Amendment) Act 2005 (3/2005), s. 5, and it no longer contains a regulation making power. Section 59 was substituted by Health (Miscellaneous Provisions) Act 2001 (14/2001), s. 1(1), and continues to contain a regulation making power. The SI appears to remain in effect.
38 The enabling provisions are Health Act 1947 (28/1947), ss. 5 (Regulations), 54 (Regulations for prevention of danger from food and drink) and 59 (Enforcement of regulations under Part V, etc.), Health Act 1953 (26/1953), s. 38(3) (Regulations) and Health Act 1970 (1/1970), s. 6 (Functions of health boards). Section 5 remains in force. Section 54 has been substituted twice: by S.I. No. 333 of 1991 and then by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 25, in each case continuing the power to make regulations. The 2006 provision contains a saver in s. 25(6) for regulations made under the repealed section; the former does not. However, given the continuing power to make regulations contained in the 1991 amendment, and the other enabling provisions, the SI appears to remain in force. Health Act 1970, s. 6 was repealed by Health Act 2004 (42/2004), s. 73(1), commenced by S.I. No. 887 of 2004, with a saver for regulations in s. 73(3).
39 The enabling provisions are Health Act 1947 (28/1947), s. 5 (Regulations) and Health Act 1970 (1/1970), ss. 52 (Provision of in-patient services), 56 (Out-patient services), 59 (Drugs, medicines and appliances). Sections 5 and 52 remain in force. The amended s. 56 continues to contain a regulation-making power in subs. (5). Section 59 was substituted by Health (Miscellaneous Provisions) Act 2001 (14/2001), s. 1(1)(b), with a regulation-making power continued and with a saver for existing regulations in subs. (2), but this was not commenced before being repealed. Section 59 has been most recently amended by Health (Pricing and Supply of Medical Goods) Act 2013 (14/2013), s. 30. The SI therefore appears to remain in force.
40 The enabling provisions are Health Act 1947 (28/1947), s. 5 (Regulations) and Health Act 1970 (1/1970), ss. 59 (Drugs, medicines and appliances) and 72 (Regulations). These provisions remain in effect, as therefore does the SI.
41 Ibid.
42 The enabling provisions are Health Act 1947 (28/1947), s. 5 (Regulations) and Health Act 1970 (1/1970), s. 53(2) (Charges for in-patient services). The latter was amended by Health (Amendment) Act 2005 (3/2005), s. 4(a). There is a saver for regulations in s. 4(5), inserted by the amendment. The SI therefore appears to remain in force.
43 The enabling provisions are Health Act 1947 (28/1947), ss. 5 (Regulations), 54 (Regulations for prevention of danger from food and drink) and 59 (Enforcement of regulations under Part V, etc.), Health Act 1953 (26/1953), s. 38(3) (Regulations) and Health Act 1970 (1/1970), s. 6 (Functions of health boards). Section 54 has been substituted twice: by S.I. No. 333 of 1991 and then by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 25, in each case continuing the power to make regulations. The 2006 provision contains a saver in s. 25(6) for regulations made under the repealed section; the former does not. However, given the continuing power to make regulations contained in the 1991 amendment, and the other enabling provisions, the SI appears to remain in force. Health Act 1970, s. 6 was repealed by Health Act 2004 (42/2004), s. 73(1), commenced by S.I. No. 887 of 2004, with a saver for regulations in s. 73(3).
44 The enabling provisions are Health Act 1947 (28/1947), s. 5 (Regulations) and Health Act 1970 (1/1970), s. 53(2) (Charges for in-patient services). The latter was amended by Health (Amendment) Act 2005 (3/2005), s. 4(a). There is a saver for regulations in s. 4(5), inserted by the amendment. The SI therefore appears to remain in force.
45 Ibid.
46 Ibid.
47 The enabling provision is Health Act 1947 (28/1947), s. 54 (Regulations for prevention of danger from food and drink) which has been substituted twice: by S.I. No. 333 of 1991 and then by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 25, in each case continuing the power to make regulations. The 2006 provision contains a saver in s. 25(6) for regulations made under the repealed section; the former does not. However, given the continuing power to make regulations contained in the 1991 amendment, the SI appears to remain in force.
48 The enabling provisions are Health Act 1947 (28/1947), s. 5 (Regulations) and Health Act 1970 (1/1970), s. 53(2) (Charges for in-patient services). The latter was amended by Health (Amendment) Act 2005 (3/2005), s. 4(a). There is a saver for regulations in s. 4(5), inserted by the amendment. The SI therefore appears to remain in force.
49 Ibid.
50 Ibid.
51 Ibid.
52 Ibid.
53 The enabling provisions are Health Act 1947 (28/1947), ss. 5 (Regulations) and 54 (Regulations for prevention of danger from food and drink) and Parts V (Food and Drink) and IX (Enforcement). Section 54 has been substituted twice: by S.I. No. 333 of 1991 and then by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 25, in each case continuing the power to make regulations. The 2006 provision contains a saver in s. 25(6) for regulations made under the repealed section; the former does not. The SI appears to remain in force.
54 The enabling provisions are Health Act 1947 (28/1947), s. 5 (Regulations) and Health Act 1970 (1/1970), s. 53(2) (Charges for in-patient services). The latter was amended by Health (Amendment) Act 2005 (3/2005), s. 4(a). There is a saver for regulations in s. 4(5), inserted by the amendment. The SI therefore appears to remain in force.
55 Ibid.
56 Ibid.
57 The enabling provisions are Health Act 1947 (28/1947), s. 5 (Regulations) and Health Act 1970 (1/1970), ss. 53(2) (Charges for in-patient services) and 72 (Regulations). Section 53 was amended by Health (Amendment) Act 2005 (3/2005), s. 4(a). There is a saver for regulations in s. 4(5), inserted by the amendment. The SI therefore appears to remain in force.
58 The enabling provisions are Health Act 1947 (28/1947), s. 5 (Regulations) and Health Act 1970 (1/1970), s. 53(2) (Charges for in-patient services). The latter was amended by Health (Amendment) Act 2005 (3/2005), s. 4(a). There is a saver for regulations in s. 4(5), inserted by the amendment. The SI therefore appears to remain in force.
59 The enabling provisions are Health Act 1947 (28/1947), s. 5 (Regulations) and Health Act 1970 (1/1970), ss. 53(2) (Charges for in-patient services) and 72 (Regulations). Section 53 was amended by Health (Amendment) Act 2005 (3/2005), s. 4(a). There is a saver for regulations in s. 4(5), inserted by the amendment. The SI therefore appears to remain in force.
60 Ibid.
61 This SI replaced the schedule in S.I. No. 390 of 1981. It is superseded by S.I. No. 566 of 2015 and should be revoked.
62 This SI replaced the schedule in S.I. No. 390 of 1981. It is superseded by S.I. No. 276 of 2016 and should be revoked.
63 The enabling provisions are Mental Treatment Act 1945 (19/1945), ss. 8 (Regulations) and 40 (General regulations in relation to institutions maintained by mental hospital authorities). In accordance with Health Authorities Act 1960 (9/1960), s. 29(4), regulations made under Mental Treatment Act 1945, s. 40 are to be treated as if made under Health Act 1953 (26/1953), s. 8. Section 8 is still in force. In accordance with Health Act 1970 (1/1970), s. 72(3), regulations made under the Health Act 1953 are to be treated as if made under the 1970 Act. This SI appears to be enabled by both Acts.
64 The enabling provisions, ss. 45 and 46, were repealed by Health Act 1971 (1/1971), s. 3 and sch. 1. This SI is therefore obsolete and should be revoked.
65 This Act established the health boards and abolished the Health Authorities for Dublin, Cork, Limerick and Waterford. Many of the SIs carried forward under s. 73(3) are therefore likely to be obsolete, and if so, should be revoked.
66 The enabling provisions, Health Act 1953, ss. 45 (Joint action by health authorities) and 46 (Balrothery and Rathdown Boards of Assistance), were repealed by Health Act 1970 (1/1970), s. 3, with a saver for regulations made under in the 1953 Act in s. 72: (3) Notwithstanding any other provision of this Act, regulations made under the Health Act, 1953 shall continue in operation and shall be deemed to have been made under this Act and to be capable of amendment or revocation accordingly.
67 The enabling provision, Health Act 1953, s. 45 (Joint action by health authorities), was repealed by Health Act 1970 (1/1970), s. 3, with a saver for regulations made under in the 1953 Act in s. 72(3) (above).
68 The enabling provisions, Health Act 1953, ss. 45 (Joint action by health authorities) and 46 (Balrothery and Rathdown Boards of Assistance), were repealed by Health Act 1970 (1/1970), s. 3, with a saver for regulations made under in the 1953 Act in s. 72: (3) Notwithstanding any other provision of this Act, regulations made under the Health Act, 1953 shall continue in operation and shall be deemed to have been made under this Act and to be capable of amendment or revocation accordingly.
69 The enabling provision, Health Act 1953, s. 45 (Joint action by health authorities), was repealed by Health Act 1970 (1/1970), s. 3, with a saver for regulations made under in the 1953 Act in s. 72(3) (above).
70 Ibid.
71 Ibid.
72 The enabling provision, Health Act 1953, s. 51(2) (Dispensary districts), was repealed by Health Act 1970 (1/1970), s. 3, with a saver for regulations made under in the 1953 Act in s. 72(3) (above).
73 The enabling provision, Health Act 1953, s. 45 (Joint action by health authorities), was repealed by Health Act 1970 (1/1970), s. 3, with a saver for regulations made under in the 1953 Act in s. 72(3) (above).
74 Ibid.
75 The enabling provision, Health Act 1953, s. 51(2) (Dispensary districts), was repealed by Health Act 1970 (1/1970), s. 3, with a saver for regulations made under in the 1953 Act in s. 72(3) (above).
76 Ibid.
77 Ibid.
78 Ibid.
79 Ibid.
80 Ibid.
81 Ibid.
82 Ibid.
83 Ibid.
84 Ibid.
85 Ibid.
86 Ibid.
87 Ibid.
88 Ibid.
89 Ibid.
90 Ibid.
91 Ibid.
92 Ibid.
93 Ibid.
94 Ibid.
95 Ibid.
96 Ibid.
97 Ibid.
98 The enabling provision, Health Act 1953, s. 48(8) (Consultative health committees), was repealed by Health Act 1970 (1/1970), s. 3, with a saver for regulations made under in the 1953 Act in s. 72(3) (above).
99 The enabling provision, Health Act 1953, s. 51(2) (Dispensary districts), was repealed by Health Act 1970 (1/1970), s. 3, with a saver for regulations made under in the 1953 Act in s. 72(3) (above).
100 Ibid.
101 Ibid.
102 The enabling provisions are Health Act 1947 (28/1947), s. 5 (Regulations) and Health Act 1953 (26/1953), s. 50(5) (Rehabilitation and maintenance of disabled persons). The 1947 provision remains in force. The 1953 provision was repealed by Health Act 1970 (1/1970), s. 3, with a saver for regulations made under in the 1953 Act in s. 72(3) (above).
103 The enabling provision, Health Act 1953, s. 51(2) (Dispensary districts), was repealed by Health Act 1970 (1/1970), s. 3, with a saver for regulations made under in the 1953 Act in s. 72(3) (above).
104 This SI appears to be obsolete and should be revoked. It relates to references in the Mental Treatment Acts 1945 to 1966 to "district mental hospitals", "mental hospital authority", "mental health district", "appropriate assistance officer" and amendments to the Mental Treatment Acts, 1945 and 1953. The 2001 Mental Health Act 2001 (25/2001) repealed the 1945 Act other that Part VIII and sections 241, 276, 283 and 284, and the 1953 Act. In addition, the 2001 Act established the Mental Health Commission and also provided a definition for an "approved centre".
105 The enabling provisions are Health Act 1970 (1/1970), ss. 23(5) (Removal of officers and servants) and 24(3), (8) and (10) (Committees for certain removals). Section 23(5) remains in force. Section 24 is repealed by Health Act 2004 (42/2004), s. 73(1), commenced by S.I. No. 887 of 2004. There is a saver for regulations in s. 73: (3) Each order, regulation and rule that was made under a provision of an enactment repealed or revoked by this Act and that was in force immediately before such repeal or revocation continues in force under the corresponding provision, if any, of this Act, subject to such adaptations and modifications as the Minister may, by regulation, make for the purpose of bringing any such order, regulation or rule into conformity with this Act.
106 The first enabling provision is Health Act 1953 (26/1953), s. 45 (Joint action by health authorities), repealed by the Health Act 1970 (1/1970), s. 3, subject to regulations being carried forward by s. 72(3). The second enabling provision is Health Act 1970 (1/1970), s. 35 (Dissolutions of joint boards under section 45 of Health Act, 1953), which was repealed by Health Act 2004 (42/2004), s. 73(1), subject regulations being carried forward by s. 73(3) (above). This SI is now probably obsolete and could be revoked.
107 The enabling provisions appear to be Health Act 1970 (1/1970), ss. 41(1)(a) and (2)(a) (Acquisition of land for voluntary bodies). The latter provision was repealed by Health (Amendment) (No. 3) Act 1996 (32/1996), s. 23(1), repeal commenced on enactment. Subsection (1) was repealed by Health Act 2004 (42/2004), s. 3(2) and sch. 4, subject to continuation in force of regulations by s. 73(1). Health (Amendment) (No. 3) Act 1996 (32/1996), s. 16 provides for the dissolution of the Dublin, Cork and Galway Regional Hospital Boards established under s. 41 of the 1970 Act, so it is likely that this SI is obsolete and should be revoked.
108 The enabling provisions are Health Act 1970 (1/1970), ss. 23(5) (Removal of officers and servants) and 24(3), (8) and (10) (Committees for certain removals). Section 24 is repealed by Health Act 2004 (42/2004), s. 73(1), commenced by S.I. No. 887 of 2004, subject to continuation in force of regulations by s. 73(3). This SI concerned the removal of officers of health boards and is listed as obsolete by the Department.
109 The enabling provisions appear to be Health Act 1970 (1/1970), ss. 41(1)(a) and (2)(a) (Acquisition of land for voluntary bodies). The latter provision was repealed by Health (Amendment) (No. 3) Act 1996 (32/1996), s. 23(1), repeal commenced on enactment. Subsection (1) was repealed by Health Act 2004 (42/2004), s. 3(2) and sch. 4, subject to continuation in force of regulations by s. 73(1). Health (Amendment) (No. 3) Act 1996 (32/1996), s. 16 provides for the dissolution of the Dublin, Cork and Galway Regional Hospital Boards established under s. 41 of the 1970 Act, so it is likely that this SI is obsolete and should be revoked.
110

The enabling provision is Health Act 1970 (1/1970), s. 11 (Joint action by health boards). This was repealed by Health Act 2004 (42/2004), s. 73, commenced by S.I. No. 887 of 2004. There is provision for existing regulations to continue in force under corresponding provisions in s. 73(3). However, the Board established by this SI was dissolved by Health Act 2004, ss. 56 and 58, so this SI is obsolete and should be revoked.

111 This SI is superseded by Health (Out-Patient Charges) (Amendment) Regulations 2003, S.I. No. 653 of 2003, and should be revoked.
112 This SI is superseded by Health (Out-Patient Charges) (Amendment) Regulations 2004, S.I. No. 826 of 2004, and should be revoked.
113 This SI is superseded by Health (Out-Patient Charges) (Amendment) Regulations 2005, S.I. No. 761 of 2005, and should be revoked.
114 This SI is superseded by Health (Out-Patient Charges) (Amendment) Regulations 2007, S.I. No. 825 of 2007, and should be revoked.
115 This SI is superseded by Health (Out-Patient Charges) (Amendment) Regulations 2008, S.I. No. 544 of 2008, and should be revoked.
116 This SI is superseded by Health (Charges for In-Patient Services) (Amendment) Regulations 2011, S.I. No. 382 of 2011, and should be revoked.
117

This SI appears to have expired and should be revoked.

118

This SI appears to have expired and should be revoked.  The enabling provision, s. 14, is repeald.

119

This SI appears to have expired and should be revoked.  The enabling provision, s. 14, is repeald.

120

This Act is almost entirely repealed. 

121

Made under s. 16(1) (now repealed), this SI should be revoked.  The Area Health Boards were dissolved by Health Act 2004 (42/2004), s. 58.

122

Made under s. 11(2)(a), now repealed, this SI should be revoked.  The ERHA was dissolved by Health Act 2004 (42/2004), s. 58.

123

Made under s. 3, now repealed, this SI should be revoked.  The ERHA was dissolved by Health Act 2004 (42/2004), s. 58.

124

Made under s. 21, now repealed, this SI should be revoked.  The Health Boards Executive was dissolved by Health Act 2004, (42/2004), s. 58.

21.1.2. Elegibility for Health Care and Payment 125

125 Health Contribution Act 1979 (4/1979) was repealed (1.01.2011) by Social Welfare Act 2010 (34/2010), s. 15, subject to transitional provisions. There is no provision for SIs to be carried forward under the new legislation. A number of SIs made under the 1979 Act appear to have ceased to have effect on repeal of their enabling legislation, and should be revoked: S.I. Nos. 106 of 1979, 107 of 1979, 108 of 1979, 87 of 1980, 55 of 1983, 73 of 1984, 233 of 1985, 102 of 1986, 104 of 1987, 51 of 1988, 70 of 1989, 81 of 1989, 81 of 1999, 719 of 2003, 85 of 2005, 109 of 2005.
Health
  • none
21/2008
Health 20/2010
Health 4/2012
Health 10/2013
Health
  • none
42/2013
Health 28/2014
Health 19/2015
Health
  • none
1/2017
Health 5/2017
Health 13/2018
Health
  • none
36/2019
126

Also listed under Title 21.8.1: General: Health Products Regulatory Authority.

21.1.3. Hospitals 127

127 A number of Private Acts deal with the role and functions of hospitals. This Classified List contains Public Acts.
Health 8 & 9 Vict., c. 107
Health 7 & 8 Geo. 5, c. 21
Health
  • none
44/1935
Health
  • none
21/1936
Health
  • none
24/1937
Health
  • none
4/1939
Health 3/1943
Health
  • none
4/1945
Health
  • none
5/1951
Health
  • none
24/1954
Health 21/1961
Health
  • none
7/1962
Health 8/1962
Health
  • none
17/1976
Health 30/1990
Health 18/2010
Health 27/2018
128 The Mental Treatment Act 1961, s. 39, renamed as “the Central Mental Hospital” the central criminal lunatic asylum established under the Central Criminal Lunatic Asylum (Ireland) Act 1845.
129 This SI is obsolete and should be revoked. It fixed the number of members of the Visiting Committee of the Central Mental Hospital, altered the date for election of chairman and extended the term of office from 31 December 1963 to 31st March, 1964. Under Mental Health 2001 (25/2001), s. 51, it is the responsibility of the Inspector of Mental Health to visit and inspect every approved centre at least once in each year and these inspections take place under the Mental Health Act (Approved Centres) Regulations 2006.
130 This Act is to be repealed by the Health Act 2007 (23/2007), s. 104 and sch. 1. This element of sch. 1 is not yet commenced. Once commenced, this order may be saved and enabled by Health Act 2007 under s. 104: (3) Each order, regulation and rule that was made under a provision of an enactment repealed or revoked by this Act and that was in force immediately before such repeal or revocation continues in force under the corresponding provision, if any, of this Act, subject to such adaptations and modifications as the Minister, by regulation, may make for the purpose of bringing any such order, regulation or rule into conformity with this Act. Sir Patrick Dun's Hospital ceased to function on Grand Canal Street in the 1980s, and this SI is probably obsolete.
131 This Act is to be repealed by the Public Hospitals (Amendment) Act 1990 (30/1990), s. 10. Section 10 of 1990 Act is not yet commenced. See Public Hospitals (Amendment) Act 1990 (Commencement) Order 1990 (S.I. No. 299 of 1990).

21.1.4. Maternity Homes

Health 14/1934

21.2. Health Corporate Bodies

Health 27/1961
132 This Board is no longer in existence (see S.I. No. 145 of 1990) and accordingly the SI is obsolete and should be revoked.
133 This Board is no longer in existence (see S.I. No. 117 of 1994) and accordingly the SI is obsolete and should be revoked.
134 Ibid.
135 Ibid.
136 This Board is no longer in existence (see S.I. No. 171 of 2000) and accordingly the SI is obsolete and should be revoked.
137 This Board is no longer in existence (see S.I. No. 117 of 1994) and accordingly the SI is obsolete and should be revoked.
138 This Board is no longer in existence (see Irish Medicines Board Act 1995 (29/1995), s. 34(2)) and accordingly the SI is obsolete and should be revoked.
139 This SI is now obsolete and could be revoked.
140 This Board is no longer in existence (see S.I. No. 238 of 1987) and accordingly the SI is obsolete and should be revoked.
141 This SI is now obsolete and could be revoked.
142 This SI is now obsolete and could be revoked.
143 This Board is no longer in existence (see S.I. No. 171 of 2000) and accordingly the SI is obsolete and should be revoked.
144 This Board is no longer in existence (see Irish Medicines Board Act 1995 (29/1995), s. 34(2)) and accordingly the SI is obsolete and should be revoked.
145 Ibid.
146 This SI is now obsolete and could be revoked.
147 This Board is no longer in existence (see Irish Medicines Board Act 1995 (29/1995), s. 34(2)) and accordingly the SI is obsolete and should be revoked.
148 This Board is no longer in existence (see S.I. No. 145 of 1990) and accordingly the SI is obsolete and should be revoked.
149 This Board is no longer in existence (see S.I. No. 171 of 2000) and accordingly the SI is obsolete and should be revoked.
150 This Board is no longer in existence (see S.I. No. 145 of 1990) and accordingly the SI is obsolete and should be revoked.
151 This SI is now obsolete and could be revoked.
152 This Board is no longer in existence (see Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 47) and accordingly the SI is obsolete and should be revoked.
153 This Board is no longer in existence (see Irish Medicines Board Act 1995 (29/1995), s. 34(2)) and accordingly the SI is obsolete and should be revoked.
154 This Board is no longer in existence (see Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 47) and accordingly the SI is obsolete and should be revoked.
155 This SI is now obsolete and could be revoked.
156 This SI is now obsolete and could be revoked.
157 This SI is now obsolete and could be revoked.

21.3. Human Tissue and Post-Mortem Research

Health
  • none
2 & 3 Will. 4, c. 75

21.4. Health Care Standards and Health Information

21.4.1. Health Information and Quality Authority

Health 23/2007
158 See also Heading 21.10: Nursing Homes, below.

21.4.2. Health Identifiers

Health 159 15/2014
159 Functions under certain sections delegated to Health Service Executive by S.I. No. 383 of 2015.

21.5. Cancer Treatment and Prevention

21.5.1. General

Health
  • none
9/1997

21.6. Clinical Trials

Health 28/1987
Health
  • none
17/1990

21.7. Health Insurance

Health 16/1994
Health 17/2001
Health 11/2003
Health 3/2007
Health 24/2009
Health
  • none
34/2011
Health
  • none
45/2012
Health
  • none
48/2013
Health
  • none
42/2014
Health
  • none
54/2015
Health 1/1957
Health 4/1996
Health
  • none
46/1998
Health 6/2008
Health
  • none
19/2016
Health
  • none
37/2017
Health 35/2018
Health
  • none
49/2019
160 This SI prescribes a date by which a certain amount of capital must be acquired which is now passed. It is obsolete and should be revoked.
161 Ibid.
162 Ibid.
163 Ibid.
164 Ibid.
165 Ibid.
166 Ibid.
167 Ibid.
168 Ibid.
169 Ibid.

21.8. Health Products and Medicines Regulation

21.8.1. General: Health Products Regulatory Authority 170

170 The Irish Medicines Board was renamed the Health Products Regulatory Authority by Irish Medicines Board Act 1995 (29/1995), s. 3(4), as inserted by Health (Pricing and Supply of Medical Goods) Act 2013 (14/2013), s. 36.
Health 29/1995
Health 3/2006
Health
  • none
1/2017
171 The Animal Remedies Act 1993 (Section 32(1)(b)) (Commencement) Order 2001 (S.I. No. 468 of 2001) provided for the commencement on 20 September 2001 of s. 32(1)(b) of the 1993 Act (which provides for the repeal of the Therapeutic Substances Act 1932 (25/1932) “on such day as may be fixed therefor by order of the Minister for Health after consultation with the Minister [for Agriculture]”). The European Communities (Therapeutic Substances Act 1932) (Cesser of Application) Regulations 1992 (S.I. No. 406 of 1992), made by the Minister for Health under the European Communities Act 1972, provided that the Therapeutic Substances Act 1932 (25/1932) ceased to apply to therapeutic substances for human use with effect from 1 January 1993. The Explanatory Note to the 1992 Regulations stated that the substances concerned were already controlled under the Medical Preparations (Licensing, Advertising and Sale) Regulations 1984 (S.I. No. 210 of 1984) for the purpose of EU Directives on immunological medicinal products (89/342/EEC) and on medicinal products derived from human blood or human plasma (89/381/EEC). The definition of “animal remedies authorisation” in reg. 2(1) of the European Communities (Animal Remedies) (No. 2) Regulations 2007 (S.I. No. 786 of 2007) includes “(b) a licence granted under the Therapeutic Substances Act 1932 (No. 25 of 1932) in respect of an animal remedy named on the licence.”
172 The enabling provisions are Health Act 1947 (28/1947), ss. 5 and 65. Section 5 is still in force and is a general enabling provision. Section 65 was repealed by Irish Medicines Board Act 1995 (29/1995), s. 34, commenced by S.I. No. 345 of 1995, subject to a saver in s. 34: (4) Regulations under the said section 65 in force immediately before the commencement of this section shall continue in force after such commencement and may be amended or revoked, as if made under section 32. However, this SI amends S.I. No. 244 of 1969 which was revoked by S.I. No. 99 of 2007; it is therefore obsolete and should be revoked.
173 The enabling provisions are Health Act 1947 (28/1947), ss. 5 and 65. Section 5 is still in force and is a general enabling provision. Section 65 was repealed by Irish Medicines Board Act 1995 (29/1995), s. 34, commenced by S.I. No. 345 of 1995, subject to a saver in s. 34(4). However, this SI amends the fee provisions contained in S.I. No. 225 of 1974, revoked by S.I. No. 40 of 1990, and S.I. No. 333 of 1974, revoked by S.I. No. 39 of 1993. The SI is therefore obsolete and should be revoked.
174 Ibid.
175 Ibid.
176 Ibid.
177 Ibid.
178 Ibid.
179 Ibid.
180 Ibid.
181 The enabling provisions are Health Act 1947 (28/1947), ss. 5 and 65. Section 5 is still in force and is a general enabling provision. Section 65 was repealed by Irish Medicines Board Act 1995 (29/1995), s. 34, commenced by S.I. No. 345 of 1995, subject to a saver in s. 34(4). However, this SI amends the fee provisions contained in S.I. No. 333 of 1974 which was revoked by S.I. No. 39 of 1993. The SI is therefore obsolete and should be revoked.
182 The enabling provisions are Health Act 1947 (28/1947), ss. 5 (Regulations) and 65 (Control of advertisement or sale of medical and toilet preparations). Section 5 is still in force and is a general enabling provision. Section 65 was repealed by Irish Medicines Board Act 1995 (29/1995), s. 34, commenced by S.I. No. 345 of 1995, subject to a saver in s. 34(4). However, this SI amends S.I. No. 71 of 1993 which was revoked by S.I. No. 540 of 2007. The SI is therefore obsolete and should be revoked.
183 This SI amends S.I. No. 39 of 1993 which was revoked by S.I. No. 538 of 2007. The SI is therefore obsolete and should be revoked.
184 The enabling provision is Irish Medicines Board Act 1995 (29/1995), s. 4(4) (Functions of board). This was substituted by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 11, commenced by S.I. No. 543 of 2007. The substitution completely changes the subsection and there does not appear to be a saver provision, so that the order appears to have ceased to have effect due to deletion of its enabling provision. Further, this Order confers on the IMB "competent authority" status for the purposes of Directive 65/65/EEC. That Directive has since been replaced and s. 4(1)(b) of the 1995 Act (as amended by the 2006 Act) confers the competent authority role on the IMB under the new EU Pharmaceutical acquis, being Directive 2001/83/EC. Therefore the need for this order appears to have passed and it should be revoked.
185 The enabling provisions are Irish Medicines Board Act 1995 (29/1995), ss. 32 (Regulations) and 34 (Repeal and transitional provisions). Section 34 remains in force. Section 32 has been amended by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 16. The SI appears to remain in force. However, it replaces terms in a number of SIs which have since been revoked: S.I Nos. 76 of 1993 and 308 of 1996 (both revoked by S.I. No. 541 of 2007); S.I. Nos. 71 of 1993 (revoked by S.I. No. 540 of 2007) and 440 of 1994 (amending S.I. No. 71 of 1993 and therefore obsolete/spent on its revocation); S.I. Nos. 39 of 1993 (revoked by S.I. No. 538 of 2007) and 41 of 1996 (amending S.I. No. 39 of 1993 and therefore obsolete/spent on its revocation); and S.I. Nos. 40 and 68 of 1993 and 42 of 1996 (revoked by S.I. No. 539 of 2007). It is therefore obsolete and should be revoked.
186 The enabling provision is Irish Medicines Board Act, 1995 (29/1995), s. 32 (Regulations), as amended by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 16. The SI appears to remain in force.
187 Ibid.
188 Ibid.
189 Ibid.
190 Ibid.
191 Ibid.
192 Ibid.
193 Ibid.
194 Ibid.
195 Ibid.
196 Ibid.
197 Ibid.
198 Ibid.
199 Ibid.
200 Ibid.
201 Ibid.
202 Ibid.
203 Ibid.
204 Ibid.
205

Also listed under Title 21.1.2: Eligibility for Health Care and Payment.

21.8.2. Blood Transfusion, Clotting Factor Concentrate and Other Biological Products

Health 8/2012
206 See also Blood Transfusion Service Board (Establishment) Order 1965 (S.I. No. 78 of 1965), as amended, referred to in s. 4 of the 2012 Act.

21.8.3. European Pharmacopoeia

Health
  • none
22/1931

21.8.4. Pricing and Supply of Medical Goods

Health 14/2013

21.8.5. Reproductive Health

Health 20/1979
Health
  • none
20/1992
Health
  • none
16/1993
Health 31/2018
207 The enabling provisions are Health (Family Planning) Act 1979 (20/1979), ss. 3, 4, 5, 7, 8 and 16. Sections 7, 8 and 16 are still in force (Control of advertising and display of contraceptives, Forged or fraudulently altered prescriptions or authorisations, Regulations). Sections 3 and 4 (Family planning services and Control and sale of contraceptives) were repealed by Health (Family Planning) (Amendment) Act 1992 (20/1992), s. 8(3). Section 5 (Control of importation of contraceptives) was repealed by Health (Family Planning) (Amendment) Act 1993 (16/1993), s. 8. All repeals commenced on enactment. At least part of this SI remains in force.
208 The enabling provisions are Health (Family Planning) Act 1979 (20/1979) and Health Family Planning (Amendment) Act 1992 (20/1992). No individual provisions are specified. Much of the 1979 Act has been repealed but this SI appears to remain in force.

21.9. Mental Health Services

Health 25/2001
Health
  • none
19/2008
Health 58/2015
Health 19/1945
Health 7/1961
Health
  • none
10/2018
Health 23/2018
209 This SI prescribes a time period for the continuance of certain approvals that has now expired, is obsolete and should be revoked.
210 Part VIII, and ss. 241, 276, 283 and 284 of the 1945 Act are retained by the Mental Health Act 2001.
211 The enabling provisions are Mental Treatment Act 1945 (19/1945), ss. 8, 65(4)(c), 96(7), 97(7), 109A, 110, 129, 132, 151, 153, 161. This Act including these provisions was mostly repealed by Mental Health Act 2001 (25/2001), s. 6, commenced by S.I. No. 411 of 2006. The remaining sections are Part VIII (ss. 63-93), 241, 276, 283, 284 and s. 94 which only survives for a certain purpose. As the enabling provisions are no longer in effect (other than s. 65(4)(c) which relates to registration of officials' names), it appears that the SI or most of it may have ceased to have effect and should be revoked. Mental Health Act 2001 (Approved Centres) Regulations 2006 (S.I. No. 551 of 2006) deal with some of the same issues in relation to registration and records.
212 Sections 39 and 41 of the 1961 Act are retained by the Mental Health Act 2001.

21.10. Nursing Homes and Designated Centres

21.10.1. General

Health 23/2007
Health 23/1990
Health 1/2007
Health
  • none
6/2016
213 See also entry for Health Act 2007 at 21.4.1.

21.10.2. Subvention Support Scheme

Health 15/2009
Health 31/2013
Health 17/2006

21.11. Poisons

Health 12/1961
214 This SI is the responsibility of the Department of Agriculture and Food.

21.12. Public Health Emergency: Covid-19 Pandemic

Health 1/2020
Health 2/2020

21.13. Sunbeds

Health 12/2014

21.14. Suicide Prevention

Health 14/2001

21.15. Tobacco Products

Agric/Finance 37/1934
Health 27/1978
Health
  • none
24/1988
Health 6/2002
Health 6/2004
Health
  • none
23/2009
Health
  • none
39/2010
Health
  • none
15/2011
Health 17/2013
Health 40/2014
Health 4/2015
215 This SI applied only in 2015 and is now obsolete and should be revoked.
216 This Act is due to be repealed on commencement of Public Health (Tobacco) Act 2002 (6/2002), s. 8(1).
217 This SI is to be revoked on commencement of Public Health (Tobacco) Act 2002 (6/2002), s. 8(3)(a).
218 This SI amends S.I No. 326 of 1991, which is due to be revoked by Public Health (Tobacco) Act 2002 (6/2002), s. 8, when commenced. At that point this SI will be obsolete and should be revoked.
219 Ibid.
220 Ibid.
221 Ibid.
222 Ibid.
223 This Act is due to be repealed on commencement of Public Health (Tobacco) Act 2002 (6/2002), s. 8(1).
224 Section 8(1), not commenced, repeals Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act 1978 (27/1978) and Tobacco (Health Promotion and Protection) Act 1988 (24/1988).
225 The enabling provision is Public Health (Tobacco) Act 2002 (6/2002), s. 47, now substituted by Public Health (Tobacco) (Amendment) Act 2004 (6/2004), s. 16, commenced by S.I. No. 111 of 2004. The substituted provision provides for non-smoking places to be specified, and the SI remains in force.

21.16. International Health Bodies

Health 1/1971

21.17. ECA Section 3 Statutory Instruments

Foreign 27/1972