Health Act 2004

F156[Functions of Director General under this Part

34A

34A. (1) The F157[chief executive officer] shall take steps to ensure that—

(a) the Executive’s net non-capital expenditure for a financial year or part of a financial year does not exceed the amount specified in the section 30A(1) determination F158[or section 30B(1) determination] for that financial year or part of a financial year, as the case may be, and

(b) the Executive’s capital expenditure for the financial year does not exceed the amount specified in the notification under section 33B(1)(b) received by the Executive which relates to that year.

(2) The F157[chief executive officer] shall, as soon as is practicable, inform the Minister F159[or, in so far as the action or proposed action relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth] if he or she forms the opinion that an action undertaken by the Executive will, or that a proposed action to be undertaken by the Executive would, if made, result in—

(a) the Executive’s net non-capital expenditure for a financial year or part of a financial year exceeding the amount specified in the section 30A(1) determination for that financial year or part of a financial year, as the case may be, or

(b) the Executive’s capital expenditure for a financial year exceeding the amount specified in the notification under section 33B(1)(b) received by the Executive which relates to that year.]

Annotations:

Amendments:

F156

Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 12, commenced on enactment.

F157

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 19, S.I. No. 283 of 2019.

F158

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 30(a), S.I. No. 666 of 2022.

F159

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 30(b), S.I. No. 666 of 2022.