Health Act 2004

F120[Minister for Children, Equality, Disability, Integration and Youth to determine net non‑capital expenditure of Executive

30B

30B. (1) Subject to subsections (5) and (6), the Minister for Children, Equality, Disability, Integration and Youth, after consultation with the Minister, shall determine the maximum amount of net non-capital expenditure that may be incurred by the Executive in so far as it relates to the performance by the Executive of its specialist community-based disability services functions for—

(a) a financial year of the Executive, or

(b) if the Minister for Children, Equality, Disability, Integration and Youth considers it appropriate to do so in any particular case, such part of a financial year of the Executive as may be specified in the relevant notification under this section.

(2) The Minister for Children, Equality, Disability, Integration and Youth shall notify the Executive in writing of a section 30B(1) determination—

(a) if the period to which the determination relates is a financial year of the Executive or runs from the beginning of such year, not later than 21 days after the publication by the Government of the Estimates for Public Services (within the meaning of section 17(1)(inserted by section 1 of the Ministers and Secretaries (Amendment) Act 2013 ) of the Ministers and Secretaries (Amendment) Act 2011 ) for that financial year, and

(b) in any other case, not later than 21 days after making the determination.

(3) (a) The Minister for Children, Equality, Disability, Integration and Youth may amend a section 30B(1) determination by varying the maximum amount of net non-capital expenditure that the Executive may incur in so far as it relates to the performance by the Executive of its specialist community-based disability services functions for the financial year or part of the financial year to which the determination relates.

(b) A section 30B(1) determination amended under paragraph (a) shall apply and have effect as so amended.

(4) The Minister for Children, Equality, Disability, Integration and Youth shall notify the Executive in writing of the amendment made under subsection (3) to a section 30B(1) determination not later than 21 days after making the amendment.

(5) The Minister for Children, Equality, Disability, Integration and Youth shall not, in making a section 30B(1) determination for a financial year, or part of a financial year, take into account the effect (if any) of section 33(3) for that financial year, or part of a financial year, as the case may be.]

Annotations:

Amendments:

F120

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 24, S.I. No. 666 of 2022.

Editorial Notes:

E21

The section heading is taken from the amending section in absence of one included in the amendment.