Health Act 2004
Number 42 of 2004
HEALTH ACT 2004
REVISED
Updated to 1 March 2023
This Revised Act is an administrative consolidation of the Health Act 2004. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), enacted 1 March 2023, and all statutory instruments up to and including the Appointment of Special Advisers (Minister for Children, Equality, Disability, Integration and Youth) Order 2023 (S.I. No. 115 of 2023), made 28 February 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 42 of 2004
HEALTH ACT 2004
REVISED
Updated to 1 March 2023
ARRANGEMENT OF SECTIONS
Preliminary Matters
Section
1.
Short title, collective citation and construction.
2.
3.
4.
5.
5A.
Establishment and Functions of the Health Service Executive
6.
7.
Object and functions of Executive.
8.
Agreements between Executive and public authorities concerning performance of functions.
9.
Informal arrangements between Executive and local authorities concerning performance of functions.
10.
10A.
Settings of priorities by Minister.
10AA.
10B.
Limitation as to exercise of powers under sections 10 and 10A.
10C.
Directions from Minister for Children, Equality, Disability, Integration and Youth.
10D.
Setting of priorities by Minister for Children, Equality, Disability, Integration and Youth
10E.
Limitation as to exercise of powers under sections 10C and 10D
The Board of the Health Service Executive
11.
Membership of Board. (Repealed)
12.
13.
Conditions of office. (Repealed)
14.
Removal of members from office. (Repealed)
15.
Committees of Board. (Repealed)
16.
Remuneration and expenses of members of Board and committees. (Repealed)
Chief Executive Officer
16A.
Directorate of Executive. (Repealed)
16B.
Term of office of appointed director. (Repealed)
16C.
Role of Directorate. (Repealed)
16D.
Appointed directors — eligibility for appointment and removal from office. (Repealed)
16E.
Appointment of Director General. (Repealed)
16F.
Eligibility for appointment as Director General. (Repealed)
16G.
General functions of Director General. (Repealed)
16H.
Delegation of functions by Director General. (Repealed)
16I.
Attendance by Director General before Oireachtas Committees. (Repealed)
16J.
16K.
Meetings and procedure of Directorate. (Repealed)
16L.
Vacancies in membership of Directorate. (Repealed)
16M.
Committees of Directorate. (Repealed)
Chief Executive Officer
16N.
16O.
16P.
16Q.
Membership of either House of Oireachtas or European Parliament.
16R.
16S.
Removal of all members of Board from office.
16T.
16U.
Remuneration and expenses of members of Board and committees.
Chief Executive Officer
17.
Appointment of chief executive officer. (Repealed)
18.
Functions of chief executive officer and their performance by deputy. (Repealed)
19.
Delegation of functions. (Repealed)
20.
Chief executive officer to be accounting officer. (Repealed)
21.
Attendance of chief executive officer before Oireachtas Committees. (Repealed)
Chief Executive Officer
21A.
Appointment of chief executive officer.
21B.
Resignation, removal or disqualification of chief executive officer.
21C.
Functions of chief executive officer.
21D.
Delegation and subdelegation of functions.
21E.
Accountability of chief executive officer to committees of Houses of Oireachtas.
21F.
Membership of either House of Oireachtas or European Parliament.
21G.
Acting chief executive officer.
Employees and Advisers
22.
23.
24.
Standards and Disqualifications
25.
26.
Unauthorised disclosure of confidential information.
27.
Accountability
28.
29.
Executive to prepare and submit corporate plan for Minister's approval.
30.
Publication and implementation of approved corporate plan.
30A.
Minister to determine net non-capital expenditure of Executive.
30B.
31.
Executive to prepare and submit service plan for Minister's approval.
32.
Amendment of approved service plan.
33.
Implementation of approved service plan.
33A.
Power of Minister to make grants to Executive
33B.
Determination by Minister of capital funding and submission by Executive of capital plans
34.
Minister's permission needed for major capital spending. (Repealed)
34A.
Functions of Director General under this Part
34B.
Appearance of Director General before Committee of Public Accounts
35.
36.
37.
38.
Arrangements with service providers.
39.
Assistance for certain bodies.
40.
furnishing of information and documents
40A.
40B.
Duty of Executive to furnish information.
40C.
Requirement to furnish information and documents.
40D.
Minister may share information and documents in certain circumstances.
40E.
Use of information and documents.
40F.
Accounting officer and audit committee
40G.
Director General to be accounting officer of Executive for specified period.
40H.
40HA.
Provisions supplementary to section 40H
40I.
Public Representation and User Participation
41.
National Health Consultative Forum.
42.
43.
44.
Other advisory panels to be established on Minister's direction.
Complaints
45.
46.
47.
Time limit for making complaints.
48.
Matters excluded from right to complain.
49.
Complaint and review procedures to be established.
50.
Refusal to investigate or further investigate complaints.
51.
Restriction on type of recommendations complaints officers may make and power to suspend implementation of recommendations.
52.
Adherence to complaint and review procedures to be condition of arrangements with service providers.
53.
Minister to make regulations for purposes of this Part.
54.
Referral of complaints to Ombudsman or Ombudsman for Children.
55.
Annual report to include report on complaints and reviews.
Protected Disclosures of Information
55A.
Definition of expressions in this Part.
55B.
Protected disclosure of information by an employee of a relevant body.
55C.
Protected disclosure of information by an employee of a designated centre.
55D.
Protected disclosure of information by an employee of a mental health service provider.
55E.
Protected disclosure of information in relation to regulated professions.
55F.
Applications and complaints about health professionals to be protected disclosures.
55G.
Protected disclosure of information: monitoring, investigations and inspections.
55H.
Duty of relevant body to establish procedures.
55I.
55J.
Duties in respect of protected disclosures.
55K.
Disclosure to a Scheduled body.
55L.
Protection from civil liability of persons who have made a protected disclosure.
55M.
Protection of employees from penalisation for having made a protected disclosure.
55N.
Proceedings before Labour Court. (Repealed)
55O.
Enforcement of determinations of Labour Court. (Repealed)
55P.
55Q.
55R.
Continuity of employer’s business.
55S.
55T.
Dissolution of Certain Health Bodies and the Transfer of their Functions and Employees, etc., to the Executive
56.
57.
Dissolution of Comhairle na nOspidéal and transfer of its functions.
58.
Dissolution of health boards and other specified bodies.
59.
Transfer of functions of specified bodies to Executive.
60.
Transfer of employees of specified bodies to Executive.
61.
Transfer of pension liabilities relating to former employees of specified bodies.
62.
Transfer of property and liabilities to Executive.
63.
Preservation of contracts, etc., and adaptation of references.
64.
65.
Preservation of orders, notices, rules, records, etc.
66.
References to specified bodies.
67.
Functional areas of dissolved health boards.
68.
References to chief executives of dissolved health boards. (Repealed)
69.
References to deputy chief executives of dissolved health boards. (Repealed)
70.
Dissolution of bodies established under Health (Corporate Bodies) Act 1961. (Repealed)
71.
Final accounts of specified bodies and other dissolved bodies.
72.
Executive to prepare final annual report for specified bodies and other dissolved bodies.
Repeals, Transitional Provisions and Amendment of Other Acts
73.
74.
Savings and transitional provisions.
75.
Miscellaneous Provisions
76.
Effect of delegation and subdelegation of functions.
77.
Certificate evidence concerning delegation of functions.
78.
General power to make regulations and orders.
79.
Regulations relating to members of either House of Oireachtas.
80.
Laying of regulations and orders before Houses of Oireachtas.
81.
82.
83.
References to Board and chief executive officer.
Acts Referred to in Definition of Health and Personal Social Services
Miscellaneous Provisions Relating to the Executive and the Board
Bodies and office-holders referred to in Part 9A as Scheduled Bodies
Transfer of Functions and References to Functional Areas
Repeals and Revocations
Savings and Transitional Provisions
Amendment of Other Acts
Acts Referred to
Adoption Act 1952
Adoption Act 1988
Adoption Act 1991
1991, No. l4
Adoption Act 1998
Adoption Acts 1952 to 1988
Adoption Acts 1952 to 1998
Adoptive Leave Act 1995
Births and Deaths Registration Acts 1863 to 1996
Blind Persons Act 1920
1920, c.49
Carer's Leave Act 2001
2001, No. l9
Child Abduction and Enforcement of Custody Orders Act 1991
Child Care Act 1991
1991, No. l7
Child Care Acts 1991 and 2001
Children Act 1997
Children Act 2001
Children Acts 1908 and 1989
Civil Registration Act 2004
Committees of the Houses of the Oireachtas (Compellability, Privileges and lmmunities of Witnesses) Act 1997
1997, No. l7
Companies Act 1990
Comptroller and Auditor General Acts 1866 to 1998
Comptroller and Auditor General (Amendment) Act 1993
Data Protection Acts 1988 and 2003
Dentists Act 1985
Domestic Violence Act 1996
Domestic Violence Acts 1996 and 2002
Education Act l998
Education (Welfare) Act 2000
Education for Persons with Special Educational Needs Act 2004
Ethics in Public Office Act 1995
European Communities Act 1972
European Parliament Elections Act 1997
Family Law Act 1995
Family Law (Miscellaneous Provisions) Act 1997
Family Law (Maintenance of Spouses and Children) Act 1976
Finance Acts 1989 to 2002
Freedom of Information Act 1997
Freedom of Information Acts 1997 and 2003
Food Safety Authority of Ireland Act 1998
Guardianship of Infants Act 1964
Harbours Act 1946
Health Act 1947
Health Act 1953
Health Act 1970
Health Acts 1947 to 1953
Health Acts 1947 to 2001
Health (Amendment) Act 2004
2004, No. l9
Health (Amendment) (No. 3) Act 1996
Health (Corporate Bodies) Act 1961
Health (Eastern Regional Health Authority) Act 1999
Health (Miscellaneous Provisions) Act 2001
2001, No. l4
Health (Nursing Homes) Act 1990
Housing Act 1988
Housing Acts 1966 to 2002
Housing (Miscellaneous Pro visions) Act 1997
Housing (Traveller Accommodation) Act 1998
Immigration Act 1999
Immigration Act 2003
International Carriage of Perishable Foodstuffs Act 1987
Irish Medicines Board Act 1995
Licensing of Indoor Events Act 2003
Local Authorities (Officers and Employees) Act 1926
Local Government Act 2001
Maternity Protection Act 1994
Marriages (Ireland) Act 1844
1844, c. 81
Medical Practitioners Acts 1978 to 2002
Mental Health Act 2001
Mental Health Acts 1945 to 2001
Minimum Notice and Terms of Employment Acts 1973 to 2001
Misuse of Drugs Act 1977
Misuse of Drugs Act 1984
Misuse of Drugs Acts 1977 and 1984
National Beef Assurance Scheme Act 2000
National Development Finance Agency Act 2002
Notification of Births Acts 1907 and 1915
Nurses Act 1985
1985, No. l8
Ombudsman Act 1980
Ombudsman Acts 1980 to 1984
Ombudsman for Children Act 2002
Organisation of Working Time Act 1997
Parental Leave Act 1998
Protection of Children (Hague Convention) Act 2000
Protection of Employees (Fixed-Term Work) Act 2003
Protection of Employees (Part-Time Work) Act 2001
Protection of the Environment Act 2003
Protections for Persons Reporting Child Abuse Act 1998
Poisons Act 1961
Public Health (Tobacco) Act 2002
Public Health (Tobacco) (Amendment) Act 2004
Public Health (Tobacco) Acts 2002 and 2004
Public Service Management (Recruitment and Appointments) Act 2004
Rats and Mice (Destruction) Act 1919
1919, c. 72
Redundancy Payments Acts 1967 to 2003
Refugee Act 1996
Registration of Marriages (Ireland) Act 1863
1863, c. 90
Registration of Maternity Homes Act 1934
Residential Tenancies Act 2004
Sex Offenders Act 2001
Social Welfare Acts
Standards in Public Office Act 2001
State Lands (Workhouses) Act 1930
State Lands (Workhouses) Act 1962
Tobacco (Health Promotion and Protection) Act 1988
Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act 1978
Unfair Dismissals Act 1977
Unfair Dismissals Acts 1977 to 2001
Unfair Dismissals (Amendment) Act 1993
Vocational Education Act 1930
Youth Work Act 2001
Number 42 of 2004
HEALTH ACT 2004
REVISED
Updated to 1 March 2023
AN ACT TO ESTABLISH A BODY TO BE KNOWN AS FEIDHMEANNACHT NA SEIRBHÍSE SLÁINTE OR IN THE ENGLISH LANGUAGE AS THE HEALTH SERVICE EXECUTIVE AND TO PROVIDE FOR THE DISSOLUTION OF THE EASTERN REGIONAL HEALTH AUTHORITY, THE NORTHERN AREA HEALTH BOARD, THE EAST COAST AREA HEALTH BOARD, THE SOUTHWESTERN AREA HEALTH BOARD, THE HEALTH BOARDS ESTABLISHED UNDER THE HEALTH ACT 1970 AND CERTAIN OTHER BODIES; TO PROVIDE FOR THE TRANSFER OF THE FUNCTIONS OF THE DISSOLVED BODIES AND THEIR EMPLOYEES TO THE HEALTH SERVICE EXECUTIVE; TO ESTABLISH MECHANISMS FOR INVOLVING PUBLIC REPRESENTATIVES, USERS OF HEALTH AND PERSONAL SOCIAL SERVICES AND OTHER MEMBERS OF THE PUBLIC IN MATTERS RELATING TO THOSE SERVICES; TO ESTABLISH A STATUTORY FRAMEWORK FOR HANDLING CERTAIN COMPLAINTS RELATING TO HEALTH AND PERSONAL SOCIAL SERVICES; TO ESTABLISH MECHANISMS FOR THE FUTURE DISSOLUTION OF CERTAIN OTHER HEALTH BODIES AND FOR THE TRANSFER OF THEIR FUNCTIONS AND EMPLOYEES TO THE HEALTH SERVICE EXECUTIVE; AND TO PROVIDE FOR RELATED MATTERS. [17th December, 2004]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and references construed (1.03.2023) by Specialist Community-Based Disability Services (Transfer of Departmental Administration and Ministerial Functions) Order 2022 (S.I. No. 688 of 2022), arts. 2, 3, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.
2. In this Order, “relevant function” means –
(a) any function transferred by Article 4 of this Order, and
(b) any function transferred to the Minister for Children, Equality, Disability, Integration and Youth by –
(i) the Health Act 2004 (No. 42 of 2004),
(ii) the Disability Act 2005 (No. 14 of 2005),
(iii) the Health Act 2007 (No. 23 of 2007),
in so far only as the function consists of, or is connected with, specialist community-based disability services, within the meaning of the Health Act 2004, or any such other function otherwise assigned to that Minister by any of those Acts.
3. (1) The administration and business in connection with the exercise, performance or execution of any relevant function are transferred to the Department of Children, Equality, Disability, Integration and Youth.
(2) References to the Department of Health contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children, Equality, Disability, Integration and Youth.
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