Health Act 2004

Regional health forums.

42

42.— (1) After consulting the Minister for the Environment, Heritage and Local Government, the Minister shall, by regulation—

(a) establish such number (not exceeding 4) of regional health forums as the Minister considers appropriate, and

(b) appoint the establishment day of each regional health forum.

(2) The function of a regional health forum is to make such representations to the Executive as the forum considers appropriate on the range and operation of health and personal social services provided within its functional area, but it may not consider or make representations concerning any of the following matters:

(a) a matter relating solely to the exercise of clinical judgment by a person acting on behalf of the Executive or a service provider;

(b) a matter relating to an action taken by the Executive or a service provider if the action was taken solely on the advice of a person exercising clinical judgment in the circumstances described in paragraph (a);

(c) a matter relating to the recruitment or appointment of employees by the Executive or by a service provider;

(d) a matter relating to or affecting the terms or conditions (including those relating to superannuation benefits, disciplinary procedures or grievance procedures) of a contract of employment that the Executive has entered into or proposes to enter into.

(3) A regional health forum is to be composed of members of each city council and each county council within the functional area of the forum who are to be appointed as members of the forum by that city council or county council as follows:

(a) in the case of the first appointment of the members of a regional health forum, at the meeting of the city council or county council held next after the establishment of the regional health forum;

(b) in any other case, at the meeting of the city council or county council held next after the election of members of the council concerned.

(4) A person ceases to be a member of a regional health forum on ceasing to be a member of the city council or county council that appointed the person as a member of the forum.

(5) Regulations under this section shall—

(a) specify the title of each regional health forum and define its functional area,

(b) specify the number of members for each regional health forum and the number of members from each city council and each county council to be nominated to each regional health forum, and

(c) specify requirements relating to the manner in which the functions of a regional health forum are to be performed.

(6) Regulations under this section may, among other things, prescribe requirements concerning the following matters:

(a) the appointment of members to a regional health forum;

(b) the election of a chairperson and vice-chairperson of each regional health forum;

(c) the filling of casual vacancies;

(d) the meetings and procedures of a regional health forum;

(e) the establishment of committees of a regional health forum and the appointment of their members;

(f) rules and procedures to ensure the proper administration of each regional health forum.

(7) The Executive shall provide, or arrange for the provision of, such administrative services as may be necessary to enable a regional health forum to perform its function.

(8) The expenses of a regional health forum are payable by the Executive.

(9) A member of a regional health forum or a committee established by such forum may be paid by the Executive travelling and subsistence allowances in accordance with such scales as may, from time to time, be approved by the Minister with the consent of the Minister for Finance.

Annotations:

Modifications (not altering text):

C10

References to "county council" and "city council" construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2), (3), S.I. No. 214 of 2014, art. 2.

Cesser and amalgamation of certain local government areas

9.

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

(3) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to the administrative area of a county council or the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council or the administrative area of a city and county council, and

(b) to the administrative area of a county council and the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council and the administrative area of a city and county council.

C11

Functions under subs. (9) transferred and references to "Department of Finance" and "Minister for Finance" construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of –

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 42 of 2004

Health Act 2004

Sections 34, 42(9) and 43(7)

...

...

...

Editorial Notes:

E48

Power pursuant to section exercised (12.12.2005) by Health Act 2004 (Regional Health Forums) Regulations 2005 (S.I. No. 797 of 2005).