Health Act 2004

Code of governance.

35

35.— (1) The Executive shall, as soon as practicable after it is established, submit to the Minister for approval a code of governance that includes an outline of—

(a) the guiding principles applicable to the Executive as a public body having functions relating to health and personal social services,

F162[(b) the structure of the Executive, including the roles and responsibilities of the Board and the chief executive officer,]

(c) the methods to be used to bring about the integration of health and personal social services,

(d) the processes and guidelines to be followed to ensure compliance with the reporting requirements imposed on the Executive by or under this Act,

(e) the Executive's internal controls, including its procedures relating to internal audits, risk management, public procurement and financial reporting, F163[]

F164[(f) procedures established under section 55H, and]

(2) F162[Subject to subsection (2A), the Executive shall] review the code of governance periodically and at such times as may be specified by the Minister F165[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] and shall revise the code as the Executive considers appropriate.

F166[(2A) The Executive shall, as soon as practicable after the commencement of section 21 of the Health Service Executive (Governance) Act 2019 and without prejudice to the generality of subsection (2), revise the code of governance to take account of the amendment made to subsection (1) by that section.]

(3) In preparing, or making any revisions to, the code of governance, the Executive shall have regard to any directions issued by the Minister F167[or the Minister for Children, Equality, Disability, Integration and Youth under section 10C] under section 10 .

(4) Following the Minister's approval of the code of governance or of any revisions to it, the Executive shall arrange for the publication of the code or the revised code.

(5) The Executive shall indicate in its annual report its arrangements for implementing and maintaining adherence to the code of governance.

Annotations:

Amendments:

F162

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 21(a), (b), S.I. No. 283 of 2019.

F163

Deleted (1.03.2009) by Health Act 2007 (23/2007), s. 103(2)(a), S.I. No. 27 of 2009.

F164

Substituted (1.03.2009) by Health Act 2007 (23/2007), s. 103(2)(a), S.I. No. 27 of 2009.

F165

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 31(a), S.I. No. 666 of 2022.

F166

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 21(c), S.I. No. 283 of 2019.

F167

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 31(b), S.I. No. 666 of 2022.

Editorial Notes:

E26

Previous affecting provision: subs. (1)(b) substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 15, S.I. No. 275 of 2013; substituted as per F-note above.