Health Act 2007


Number 23 of 2007


HEALTH ACT 2007

REVISED

Updated to 29 March 2018


This Revised Act is an administrative consolidation of the Health Act 2007. 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 Technological Universities Act 2018 (3/2018), enacted 19 March 2018, and all statutory instruments up to and including Health Act 2007 (Care and Welfare of Children in Special Care Units) (Amendment) Regulations 2018 (S.I. No. 108 of 2018), made 29 March 2018, 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 23 of 2007


HEALTH ACT 2007

REVISED

Updated to 29 March 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Health Acts 1947 to 2015: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Health (General Practitioner Service) Act 2015 (19/2015), s. 4(2)). The Acts in this group are:

Health Act 1947 (28/1947)

Health Act 1953 (26/1953) (citation only)

Health (Fluoridation of Water Supplies) Act 1960 (46/1960) (citation only)

Health Act 1970 (1/1970)

Misuse of Drugs Act 1977 (12/1977), s. 36 and s. 42 in so far as it amends the Health Acts 1947 to 1970 (citation only)

Health (Family Planning) Act 1979 (20/1979)

Health (Amendment) Act 1986 (10/1986)

Health (Amendment) Act 1987 (3/1987)

Health (Nursing Homes) Act 1990 (23/1990)

Health (Amendment) Act 1991 (15/1991), other than s. 8

Health (Amendment) Act 1994 (11/1994)

Health (Amendment) Act 1996 (15/1996)

Health (Amendment) (No. 2) Act 1996 (23/1996)

Health (Amendment) (No. 3) Act 1996 (32/1996), other than ss. 21 and 22

Health (Provision of Information) Act 1997 (9/1997)

Health (Eastern Regional Health Authority) Act 1999 (13/1999)

Health (Miscellaneous Provisions) Act 2001 (14/2001), except in so far as it relates to the Tobacco (Health Promotion and Protection) Act 1988 (citation only)

Health Act 2004 (42/2004)

Health (Amendment) Act 2005 (3/2005), in so far as it amends the Health Acts 1947 to 2004

Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), Part 5

Health (Repayment Scheme) Act 2006 (17/2006)

Hepatitis C Compensation Tribunal (Amendment) Act 2006 (22/2006), except s. 6

Health (Nursing Homes) (Amendment) Act 2007 (1/2007)

Health Act 2007 (23/2007)

Medical Practitioners Act 2007 (25/2007), s. 57(9) (citation only)

Health Act 2008 (21/2008)

Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 64

Health (Amendment) Act 2010 (15/2010) (citation only)

Health (Amendment) (No. 2) Act 2010 (20/2010)

Child Care (Amendment) Act 2011 (19/2011), ss. 35 and 36 (citation only)

Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013)

Health (Pricing and Supply of Medical Goods) Act 2013 (14/2013), s. 30 (citation only)

Health Service Executive (Governance) Act 2013 (23/2013)

Health (Alteration of Criteria for Eligibility) (No. 2) Act 2013 (42/2013) (citation only)

Local Government Reform Act (1/2014), the amendment to the Health (Fluoridation of Water Supplies) Act 1960 provided for in section 5 (6) and sch. 2, part 6.

Health Service Executive (Financial Matters) Act 2014 (17/2014)

Health (General Practitioner Service) Act 2014 (28/2014)

Health (General Practitioner Service) Act 2015 (19/2015)

Acts previously included in the group but now repealed are:

Health Act 1954 (23/1954)

Health and Mental Treatment Act 1957 (16/1957), s. 1

Health and Mental Treatment (Amendment) Act 1958 (37/1958), s.1

Health (Homes For Incapacitated Persons) Act 1964 (8/1964)

Health and Mental Treatment (Amendment) Act 1966 (2/1966), s. 1

Health (Mental Services) Act 1981 (17/1981)

Health (Family Planning) (Amendment) Act 1985 (4/1985)

Health (Amendment) Act 2004 (19/2004)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1988, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Health (Amendment) Act 2016 (6/2016)

Child Care (Amendment) Act 2015 (45/2015)

Freedom of Information Act 2014 (30/2014)

Child and Family Agency Act 2013 (40/2013)

Protection of Life During Pregnancy Act 2013 (35/2013)

Child Care (Amendment) Act 2011 (19/2011)

Health (Miscellaneous Provisions) Act 2010 (18/2010)

Health (Miscellaneous Provisions) Act 2009 (25/2009)

All Acts up to and including Technological Universities Act 2018 (3/2018), enacted 19 March 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Health Act 2007 (Care and Welfare of Children in Special Care Units) (Amendment) Regulations 2018 (S.I. No. 108 of 2018)

Health Act 2007 (Registration of Designated Centres) (Special Care Units) Regulations 2017 (S.I. No. 635 of 2017)

Health Act 2007 (Care and Welfare of Children in Special Care Units) Regulations 2017 (S.I. No. 634 of 2017)

Health Act 2007 (Commencement) (No. 2) Order 2017 (S.I. No. 633 of 2017)

Health Act 2007 (Registration of Designated Centres for Older People) (Amendment) Regulations 2017 (S.I. No. 430 of 2017)

Health Act 2007 (Commencement) Order 2017 (S.I. No. 429 of 2017)

Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) (Amendment) Regulations 2017 (S.I. No. 428 of 2017)

Health Information and Quality Authority Superannuation Scheme 2017 (S.I. No. 76 of 2017)

Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) (Amendment) Regulations 2016 (S.I. No. 293 of 2016)

Health Act 2007 (Registration of Designated Centres for Persons (Children and Adults) with Disabilities) (Amendment) Regulations 2015 (S.I. No. 226 of 2015)

Health Act 2007 (Registration of Designated Centres for Older People) Regulations 2015 (S.I. No. 61 of 2015)

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2014 (S.I. No. 268 of 2014)

Health Act 2007 (Registration of Designated Centres for Older People) (Amendment) Regulations 2013 (S.I. No. 493 of 2013)

Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 (S.I. No. 415 of 2013)

Health Act 2007 (Care and Support of Residents in Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013 (S.I. No. 367 of 2013)

Health Act 2007 (Registration of Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013 (S.I. No. 366 of 2013)

Health Act 2007 (Commencement) Order 2013 (S.I. No. 365 of 2013)

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. No. 135 of 2013)

Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) (Amendment) Regulations 2012 (S.I. No. 95 of 2012)

Health Act 2007 (Section 11) (Commencement) Order 2011 (S.I. No. 571 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Health Act 2007 (Registration of Designated Centres for Older People) (Amendment) Regulations 2010 (S.I. No. 593 of 2010)

Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) (Amendment) Regulations 2010 (S.I. No. 36 of 2010)

Health Act 2007 (Commencement) (No. 3) Order 2009 (S.I. No. 268 of 2009)

Health Act 2007 (Registration of Designated Centres for Older People) Regulations 2009 (S.I. No. 245 of 2009)

Health Act 2007 (Commencement) (No. 2) Order 2009 (S.I. No. 237 of 2009)

Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009 (S.I. No. 236 of 2009)

Occupational Pension Schemes (Preservation of Benefits) (Amendment) Regulations 2009 (S.I. No. 70 of 2009)

Health Act 2007 (Section 103) (Commencement) Order 2009 (S.I. No. 27 of 2009)

Occupational Pension Schemes (Funding Standard)(Amendment) Regulations 2008 (S.I. No. 295 of 2008)

Health Act 2007 (Commencement) Order 2008 (S.I. No. 57 of 2008)

Health Act 2007 (Commencement) (No. 3) Order 2007 (S.I. No. 735 of 2007)

Disability (Assessment of Needs, Service Statements and Redress) Regulations 2007 (S.I. No. 263 of 2007)

Health Act 2007 (Commencement) (No. 2) Order 2007 (S.I. No. 262 of 2007)

Health Information and Quality Authority (Establishment Day) Order 2007 (S.I. No. 227 of 2007)

Health Act 2007 (Commencement) Order 2007 (S.I. No. 226 of 2007)

Occupational Pension Schemes (Preservation of Benefits) Regulations 2002 (S.I. No. 279 of 2002)

Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993)

All statutory instruments up to and including Health Act 2007 (Care and Welfare of Children in Special Care Units) (Amendment) Regulations 2018 (S.I. No. 108 of 2018), made 29 March 2018, were considered in the preparation of this revision.


Number 23 of 2007


HEALTH ACT 2007

REVISED

Updated to 29 March 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary Matters

Section

1. Short title, collective citation and construction.

2. Interpretation.

3. Commencement.

4. Establishment day.

5. Expenses.

PART 2

Health Information and Quality Authority

6. Establishment of Health Information and Quality Authority.

7. Object of the Authority.

8. Functions of Authority.

9. Investigations by Authority.

10. Standards set by Authority.

11. Admissibility of standards in court proceedings.

12. Provision of information to Authority.

PART 3

Board of the Authority

13. Membership of Board.

14. Role of Board.

15. Conditions of office.

16. Resignations and casual vacancies.

17. Removal of members from office.

18. Meetings and procedures of Board.

19. Committees of Board.

20. Remuneration and expenses of members of Board and committees.

PART 4

Chief Executive Officer of the Authority

21. Chief executive officer of Authority.

22. Functions of chief executive officer.

23. Delegation of functions of chief executive officer.

24. Accountability of chief executive officer to Committee of Public Accounts.

25. Accountability of chief executive officer to other Oireachtas Committees.

PART 5

Employees and Advisers

26. Employees of Authority.

27. Superannuation.

28. Advisers.

PART 6

Accountability and Funding of Authority

29. Directions to Authority.

30. Corporate plan of Authority.

31. Determination by Minister of net expenditure limits for Authority.

32. Grants to Authority.

33. Submission of business plan.

34. Code of governance.

35. Accounts of Authority.

36. Gifts.

37. Annual report.

38. Assistance to other bodies.

39. Charges for services.

PART 7

Office of the Chief Inspector of Social Services

40. Office of Chief Inspector of Social Services.

41. Functions of chief inspector.

42. Accountability of chief inspector to Oireachtas Committees.

43. Inspectors of Social Services.

44. Plans and reports of Office of Chief Inspector.

45. Arrangements with Executive.

PART 8

Regulation of Designated Centres

46. Prohibition against carrying on unregistered designated centre.

47. Prohibition against false or misleading applications for registration.

48. Applications for registration.

49. Register of designated centres.

50. Grant or refusal of registration.

51. Cancelling registration, varying conditions of registration or imposing new conditions, for cause.

52. Applications by registered providers.

53. Notice of certain proposed decisions of chief inspector.

54. Right to respond to notice of proposed decision.

55. Notice of decisions of chief inspector.

56. Required or prohibited conduct in relation to designated centre.

57. Appeal to District Court from decision of chief inspector respecting registration.

58. Chief inspector may seek District Court order enforcing certain decisions.

59. Chief inspector may seek District Court order for cancellation or variation of registration.

60. Ex parte interim order in proceedings under section 59.

61. Final determination of matters dealt with in an ex parte interim order under section 59.

62. Appeals to Circuit Court from decisions of District Court.

63. Status of chief inspector in court proceedings.

64. Care of residents on cancellation of registration.

65. Submission of information.

66. Prohibition against closure of designated centre without notice.

67. Cancellation of registration on closure of designated centre.

68. Notice of appointment under law to take charge of designated centre.

69. Transitional provision for registration of existing designated centres.

PART 9

Inspections and Investigations

70. Appointment by the Authority of authorised persons.

71. Appointment by Executive of persons to examine designated centres.

72. Appointment of qualified persons to assist chief inspector and inspectors in an inspection.

73. Right of entry and inspection by authorised person or chief inspector.

74. Requirement for occupier’s consent or District Court warrant to enter dwelling.

75. Further circumstances in which District Court may issue warrant.

76. Authorised person or chief inspector may be accompanied by Garda.

77. Prohibition against certain conduct in relation to inspections under section 73.

78. Reports of authorised persons, the chief inspector and inspectors.

PART 10

Offences

79. Offences.

80. Proceedings for offences.

PART 11

Standards, Disqualifications, etc.

81. Standards of integrity.

82. Codes of conduct.

83. Availability of codes of conduct.

84. Prohibition against unauthorised disclosure of confidential information.

85. Disqualification resulting from membership of either House of Oireachtas or of European Parliament or local authority.

PART 12

Dissolution of Specified Bodies, Transfer of Employees, Property and Liabilities to the Authority

86. Specified bodies.

87. Dissolution of specified bodies.

88. Transfer of employees of specified bodies to Authority.

89. Transfer of staff of Minister to Authority.

90. Transfer of employees of Executive to Authority.

91. Transfer of pension liabilities relating to former employees of specified bodies.

92. Transfer of property and liabilities to Authority.

93. Preservation of contracts, etc., and adaptation of references.

94. Records of specified bodies.

95. Pending legal proceedings.

96. Final accounts of specified bodies.

97. Final reports of specified bodies.

PART 13

Regulations

98. Regulations and orders.

99. Regulations governing registration under this Act.

100. Regulations respecting procedures for setting standards.

101. Regulations respecting designated centres.

102. Laying of regulations and orders before Houses of Oireachtas.

PART 14

Protection of Disclosures of Information

103. Protection of disclosures of information.

PART 15

Consequential and Minor Amendments to Other Acts

104. Repeals and revocations.

105. Amendment to other Acts.

SCHEDULE 1

Repeals and Revocations

PART 1

Acts Repealed

PART 2

Orders Revoked

SCHEDULE 2

Amendments to Other Acts

PART 1

Amendments to Child Care Act 1991

PART 2

Amendment to Comptroller and Auditor-General (Amendment) Act 1993

PART 3

Amendments to Freedom of Information Act 1997

PART 4

Amendments to Health Act 2004

PART 5

Amendment to Civil Registration Act 2004

PART 6

Amendment to Disability Act 2005

PART 7

Amendment to Health (Repayment Scheme) Act 2006


Acts Referred to

Adoptive Leave Acts 1995 and 2005

Carer’s Leave Act 2001

2001, No. 19

Central Bank Act 1942

1942, No. 22

Central Bank and Financial Services Authority of Ireland Act 2003

2003, No. 12

Child Care Act 1991

1991, No. 17

Child Care Acts 1991 and 2001

Children Act 2001

2001, No. 24

Civil Registration Act 2004

2004, No. 3

Companies Act 1990

1990, No. 33

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Courts Act 1981

1981, No. 11

Criminal Justice Act 2006

2006, No. 26

Cruelty to Animals Act 1876

39 & 40 Vic., c. 77

Data Protection Acts 1988 and 2003

Dentists Act 1985

1985, No. 9

Disability Act 2005

2005, No. 14

Education of Persons with Special Educational Needs Act 2004

2004, No. 30

Ethics in Public Office Act 1995

1995, No. 22

European Parliament Elections Act 1997

1997, No. 2

Food Safety Authority of Ireland Act 1998

1998, No. 29

Freedom of Information Act 1997

1997, No. 13

Freedom of Information Acts 1997 and 2003

Harbours Act 1946

1946, No. 9

Health Act 1947

1947, No. 28

Health Act 2004

2004, No. 42

Health Acts 1947 to 2006

Health and Social Care Professionals Act 2005

2005, No. 27

Health (Corporate Bodies) Act 1961

1961, No. 27

Health Insurance Act 1994

1994, No. 16

Health (Nursing Homes) Act 1990

1990, No. 23

Health (Nursing Homes) (Amendment) Act 2007

2007, No. 1

Health (Repayment Scheme) Act 2006

2006, No. 17

Hospitals Federation and Amalgamation Act 1961

1961, No. 21

Local Government Act 2001

2001, No. 37

Maternity Protection Act 1994

1994, No. 34

Medical Practitioners Act 1978

1978, No. 4

Mental Health Act 2001

2001, No. 25

Mental Health Acts 1945 to 2001

Minimum Notice and Terms of Employment Acts 1973 to 2005

National Treasury Management Agency Act 1990

1990, No. 18

National Treasury Management Agency (Amendment) Act 2000

2000, No. 39

Nurses Act 1985

1985, No. 18

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Acts 1998 and 2006

Petty Sessions (Ireland) Act 1851

14 & 15 Vic., c. 93

Pharmacy Act (Ireland) 1875

38 & 39 Vic., c. 57

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Protections for Persons Reporting Child Abuse Act 1998

1998, No. 49

Public Health (Tobacco) Act 2002

2002, No. 6

Public Service Management (Recruitment and Appointments) Act 2004

2004, No. 33

Redundancy Payments Acts 1967 to 2003

Standards in Public Office Act 2001

2001, No. 31

Unfair Dismissals Acts 1977 to 2005


Number 23 of 2007


HEALTH ACT 2007

REVISED

Updated to 29 March 2018


AN ACT TO ESTABLISH A BODY TO BE KNOWN AS AN tÚDARÁS UM FHAISNÉIS AGUS CÁILÍOCHT SLÁINTE OR, IN THE ENGLISH LANGUAGE, AS THE HEALTH INFORMATION AND QUALITY AUTHORITY AND OIFIG AN PHRÍOMH-CHIGIRE SEIRBHÍSÍ SÓISIALACHA OR, IN THE ENGLISH LANGUAGE, THE OFFICE OF THE CHIEF INSPECTOR OF SOCIAL SERVICES AND TO PROVIDE FOR THE DISSOLUTION OF CERTAIN BODIES; TO PROVIDE FOR THE TRANSFER OF THE FUNCTIONS OF THE DISSOLVED BODIES AND THEIR EMPLOYEES TO THE HEALTH INFORMATION AND QUALITY AUTHORITY; TO PROVIDE FOR A SCHEME OF REGISTRATION AND INSPECTION OF RESIDENTIAL SERVICES FOR OLDER PEOPLE, PERSONS WITH DISABILITIES AND CHILDREN IN NEED OF CARE AND PROTECTION; TO PROVIDE FOR THE REPEAL AND AMENDMENT OF CERTAIN OTHER ACTS; AND TO PROVIDE FOR RELATED MATTERS.

[21 st April, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of Act affected (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 48(8), S.I. No. 637 of 2017.

Transitional provisions

48. — ...

(6) A person who immediately before the relevant date was carrying on the business of providing special care to children in a special care unit may continue to do so, notwithstanding section 46 of the Act of 2007, for a period not exceeding one year from the relevant date.

...

(8) During the period referred to in subsection (6), the Act of 2007 applies to the person referred to in subsection (6) and to the special care unit referred to in subsection (6) as if the special care unit were a registered designated centre under the Act of 2007 and that person is registered as its registered provider.

...

C2

Functions 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).

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 ...

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. 23 of 2007

Health Act 2007

Sections 6(3), 20, 28, 32, 35, 39 and 70

...

...

...

Editorial Notes:

E1

Obligation imposed on person in charge of a designated centre to ensure that a copy of the Act and any regulations and rules made thereunder are available to staff in the designated centre and that staff members are made aware of the provisions thereof (1.07.2009) by Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009 (S.I. No. 236 of 2009), reg. 17(3) and(4), in effect as per reg. 2.

E2

Obligation imposed on Health Service Executive, in authorising an employee to be an assessment officer in accordance with Disability Act 2005 (14/2005), s. 8, to have regard to the need for such persons to have a thorough understanding of the provisions of the Act (1.06.2007) by Disability (Assessment of Needs, Service Statements and Redress) Regulations 2007 (S.I. No. 263 of 2007), reg. 13(a), in effect as per reg. 2.