Health Act 2007

SCHEDULE 2

Amendments to Other Acts

PART 1

Amendments to Child Care Act 1991

Item

Provision affected

Amendment

1.

Section 2

( a) In subsection (1), by adding the following definition after the definition of “child”:

“‘children’s residential centre’ means an institution for the residential care of children in the care of the Health Service Executive or of other children in need of adequate care and protection but does not include—

( a) an institution managed by or on behalf of a Minister of the Government,

( b) an institution in which a majority of the children being maintained are being treated for acute illnesses or are being provided with palliative care,

( c) an institution for the care and maintenance of children with a disability,

( d) an institution approved in accordance with the Mental Health Acts 1945 to 2001,

( e) a children detention school as defined in section 3 of the Children Act 2001;”.

( b) By adding the following subsection after subsection (2):

“(3) For the purposes of the definition of ‘children’s residential centre’ in subsection (1), ‘institution’ means a home, centre or institution or part of a home, centre or institution.”.

2.

Section 15

To delete section 15 and substitute the following:

“15.—The Health Service Executive shall provide or make arrangements with suitable persons for the provision of suitable accommodation for the purposes of this Part.”.

3.

F57 [ ]

F57 [ ]

4.

Section 36

To delete subsection (1)( b) and substitute the following:

“( b) by placing him or her in residential care (whether in a children’s residential centre or in a school or other suitable place of residence), or”.

5.

Section 38

( a) In subsection (1), by deleting subsection (1) and by substituting the following subsection:

“(1) The Health Service Executive may make arrangements with suitable persons to ensure the provision of an adequate number of residential places for children in its care.”.

( b) Delete subsection (2) and substitute the following:

“(2) The Health Service Executive may provide and maintain a children’s residential centre or other premises for the provision of residential care for children in care.”.

Annotations:

Amendments:

F57

Deleted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 36(6), S.I. No. 637 of 2017.

PART 2

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

Item

Provision affected

Amendment

1.

First Schedule

After “Fire Services Council”, by substituting “Health Information and Quality Authority” for “General Medical Services (Payments) Board”.

PART 3

Amendments to Freedom of Information Act 1997

Item

Provision affected

Amendment

1.

First Schedule

( a) By inserting in paragraph 1(2), “the Health Information and Quality Authority” before “the Heritage Council”, and

( b) in paragraph 1(2), by deleting“An Comhairle na nOspidéal,” and “the Irish Health Services Accreditation Board”.

2.

Third Schedule

By inserting in Part I of the Third Schedule in the appropriate chronological place

( a) in column (1) “39 & 40 Vict., c. 77 1876”,

( b) in column (2) opposite the mention of “39 & 40 Vict., c. 77 1876”, “Cruelty to Animals Act 1876”, and

( c) in column (3) opposite the mention of the “Cruelty to Animals Act 1876”, “section 12C(1)”.

3.

Third Schedule

By inserting in Part 1 of the Third Schedule in the appropriate chronological place

( a) in column (1) “No. 28 of 1947”,

( b) in column (2) opposite the mention of “No. 28 of 1947”, “Health Act 1947” and

( c) in column (3) opposite the mention of “Health Act 1947”, “section 54(3)”.

4.

Third Schedule

By inserting in Part I of the Third Schedule in the appropriate chronological place

( a) in column (1) “No. 16 of 1994”,

( b) in column (2) opposite the mention of “No. 16 of 1994”, “Health Insurance Act 1994”, and

( c) in column (3) opposite the mention of the “Health Insurance Act 1994”, “section 34(1)”.

5.

Third Schedule

By inserting in Part I of the Third Schedule in the appropriate chronological place

( a) in column (1) “No. 29 of 1998”,

( b) in column (2) opposite the mention of “No. 29 of 1998”, “Food Safety Authority of Ireland Act 1998”, and

( c) in column (3) opposite the mention of the “Food Safety Authority of Ireland Act 1998”, “section 43(1)”.

6.

Third Schedule

By inserting in Part I of the Third Schedule in the appropriate chronological place

( a) in column (1) “No. 6 of 2002”,

( b) in column (2) opposite the mention of “No. 6 of 2002”, “Public Health (Tobacco) Act 2002”, and

( c) in column (3) opposite the mention of the “Public Health (Tobacco) Act 2002”, “section 20(1)”.

7.

Third Schedule

By inserting in Part I of the Third Schedule in the appropriate chronological place

( a) in column (1) “No. 17 of 2006”,

( b) in column (2) opposite the mention of “No. 17 of 2006”, “Health (Repayment Scheme) Act 2006”, and

( c) in column (3) opposite the mention of the “Health (Repayment Scheme) Act 2006”, “section 12(4)”.

8.

Third Schedule

By inserting in Part I of the Third Schedule in the appropriate chronological place

( a) in column (2) “ Health Act 2007”, and

( b) in column (3), opposite the mention of the “ Health Act 2007”, “ section 84 ”.

9.

Third Schedule

By inserting in Part II of the Third Schedule

( a) in column (1) “No. 288 of 1976”,

( b) in column (2) opposite the mention of “No. 288 of 1976”, “The European Communities (Recognition of Medical Qualifications) Regulations 1976”, and

( c) in column (3) opposite the mention of the “The European Communities (Recognition of Medical Qualifications) Regulations 1976”, “Article 8( b)”.

10.

Third Schedule

By inserting in Part II of the Third Schedule

( a) in column (1) “No. 237 of 1980”,

( b) in column (2) opposite the mention of “No. 237 of 1980”, “The European Communities (Recognition of General Nursing Qualifications) Regulations 1980”, and

( c) in column (3) opposite the mention of the “The European Communities (Recognition of General Nursing Qualifications) Regulations 1980”, “Article 7( b)”.

11.

Third Schedule

By inserting in Part II of the Third Schedule

( a) in column (1) “No. 20 of 1983”,

( b) in column (2) opposite the mention of “No. 20 of 1983”, “The European Communities (Recognition of Midwifery Nursing Qualifications) Regulations 1983”, and

( c) in column (3) opposite the mention of the “The European Communities (Recognition of Midwifery Nursing Qualifications) Regulations 1983”, “Article 8( b)”.

12.

Third Schedule

By inserting in Part II of the Third Schedule

( a) in column (1) “No. 226 of 1993”,

( b) in column (2) opposite the mention of “No. 226 of 1993”, “Nursing Homes (Care and Welfare) Regulations 1993”, and

( c) in column (3) opposite the mention of the “Nursing Homes (Care and Welfare) Regulations 1993”, “Article 20”.

13.

Third Schedule

By inserting in Part II of the Third Schedule

( a) in column (1) “No. 279 of 1986”,

( b) in column (2) opposite the mention of “No. 279 of 1986”, “The Health Research Board (Establishment) Order 1986”, and

( c) in column (3) opposite the mention of the “The Health Research Board (Establishment) Order 1986”, “Article 23”.

14.

Third Schedule

By inserting in Part II of the Third Schedule

( a) in column (1) “No. 252 of 1994”,

( b) in column (2) opposite the mention of “No. 252 of 1994”, “The European Communities (Medical Devices) Regulations 1994”, and

( c) in column (3) opposite the mention of the “The European Communities (Medical Devices) Regulations 1994”, “Articles 24A and 26(1)( c)”.

15.

Third Schedule

By inserting in Part II of the Third Schedule

( a) in column (1) “No. 253 of 1994”,

( b) in column (2) opposite the mention of “No. 253 of 1994”, “The European Communities (Active Implantable Medical Devices) Regulations 1994”, and

( c) in column (3) opposite the mention of the “The European Communities (Active Implantable Medical Devices) Regulations 1994”, “Article 20(1)( c)”.

16.

Third Schedule

By inserting in Part II of the Third Schedule

( a) in column (1) “No. 97 of 1997”,

( b) in column (2) opposite the mention of “No. 97 of 1997”, “The National Social Work Qualifications Board (Establishment) Order 1997”, and

( c) in column (3) opposite the mention of the “The National Social Work Qualifications Board (Establishment) Order 1997”, “Article 37”.

17.

Third Schedule

By inserting in Part II of the Third Schedule

( a) in column (1) “No. 120 of 1997”,

( b) in column (2) opposite the mention of “No. 120 of 1997”, “The National Council on Ageing and Older People (Establishment) Order 1997”, and

( c) in column (3) opposite the mention of the “The National Council on Ageing and Older People (Establishment) Order 1997”, “Article 24”.

18.

Third Schedule

By inserting in Part II of the Third Schedule

( a) in column (1) “No. 278 of 1997”,

( b) in column (2) opposite the mention of “No. 278 of 1997”, “The Women’s Health Council (Establishment) Order 1997”, and

( c) in column (3) opposite the mention of the “The Women’s Health Council (Establishment) Order 1997”, “Article 24”.

19.

Third Schedule

By inserting in Part II of the Third Schedule

( a) in column (1) “No. 187 of 1971”,

( b) in column (2) opposite the mention of “No. 187 of 1971”, “St. James Hospital Board (Establishment) Order 1971”, and

( c) in column (3) opposite the mention of the “St. James Hospital Board (Establishment) Order 1971”, “Article 29”.

20.

Third Schedule

By inserting in Part II of the Third Schedule

( a) in column (1) “No. 253 of 1999”,

( b) in column (2) opposite the mention of “No. 253 of 1999”, “St Luke’s Hospital Board (Establishment) Order 1999”, and

( c) in column (3) opposite the mention of the “St Luke’s Hospital Board (Establishment) Order 1999”,“Article 25”.

21.

Third Schedule

By inserting in Part II of the Third Schedule

( a) in column (1) “No. 376 of 1999”,

( b) in column (2) opposite the mention of “No. 376 of 1999”, “The National Council for the Professional Development of Nursing and Midwifery (Establishment) Order 1999”, and

( c) in column (3) opposite the mention of the “The National Council for the Professional Development of Nursing and Midwifery (Establishment) Order 1999”, “Article 25”.

22.

Third Schedule

By inserting in Part II of the Third Schedule

( a) in column (1) “No. 109 of 2000”,

( b) in column (2) opposite the mention of “No. 109 of 2000”, “The Pre-Hospital Emergency Care Council (Establishment) Order 2000”, and

( c) in column (3) opposite the mention of the “The Pre-Hospital Emergency Care Council (Establishment) Order 2000”, “Article 35”.

23.

Third Schedule

By inserting in Part II of the Third Schedule

( a) in column (1) “No. 304 of 2001”,

( b) in column (2) opposite the mention of “No. 304 of 2001”, “European Communities (In Vitro Diagnostic Medical Devices) Regulations 2001”, and

( c) in column (3) opposite the mention of the “European Communities (In Vitro Diagnostic Medical Devices) Regulations 2001”, “Articles 17(4)( c) and 20”.

24.

Third Schedule

By inserting in Part II of the Third Schedule

( a) in column (1) “No. 446 of 2001”,

( b) in column (2) opposite the mention of “No. 446 of 2001”, “Crisis Pregnancy Agency (Establishment) Order 2001”, and

( c) in column (3) opposite the mention of the “Crisis Pregnancy Agency (Establishment) Order 2001”, “Article 24”.

25.

Third Schedule

By inserting in Part II of the Third Schedule

( a) in column (1) “No. 179 of 2004”,

( b) in column (2) opposite the mention of “No. 179 of 2004”, “National Treatment Purchase Fund Board (Establishment) Order 2004”, and

( c) in column (3) opposite the mention of the “National Treatment Purchase Fund Board (Establishment) Order 2004”, “Article 16”.

26.

Third Schedule

By inserting in Part II of the Third Schedule

( a) in column (1) “No. 451 of 2004”,

( b) in column (2) opposite the mention of “No. 451 of 2004”, “National Haemophilia Council (Establishment) Order 2004”, and

( c) in column (3) opposite the mention of the “National Haemophilia Council (Establishment) Order 2004”, “Article 23”.

PART 4

Amendments to Health Act 2004

Item

Provision affected

Amendment

1.

Section 2

In subsection (1), by deleting the definition of “service provider” and substituting the following definition:

“‘service provider’ means a person who—

( a) enters into an arrangement under section 38 to provide a health or personal social service on behalf of the Executive, or

( b) is in receipt of assistance under—

(i) section 39 in an amount that exceeds an amount prescribed for the purposes of paragraph ( b)(i) of the definition of ‘service provider’ in section 2 of the Health Act 2007, or

(ii) section 10 of the Child Care Act 1991 in an amount that exceeds an amount prescribed for the purposes of paragraph ( b)(ii) of the definition of ‘service provider’ in section 2 of the Health Act 2007;”.

2.

Section 5A

By adding the following section after section 5:

“Expenses of the Executive.

5A. —The expenses incurred by the Executive are, with the approval of the Minister, to such extent as may be sanctioned by the Minister for Finance, payable out of money provided by the Oireachtas.”.

3.

Section 7

In subsection (5), by deleting “and” at the end of paragraph ( d), by substituting “, and” for the full stop at the end of paragraph ( e) and by adding the following paragraph:

“( f) any standards set by the Health Information and Quality Authority, in so far as practicable and subject to the resources available to the Executive.”.

4.

Section 38

( a) In subsection (3), by deleting paragraph ( b) and substituting the following paragraph:

“( b) submit such accounts annually for examination, and”.

( b) After subsection (3) by inserting the following:

“(4) The Executive may make an arrangement for the provision of a health or personal social service in accordance with this section by seeking and accepting a tender for the provision of such services.

(5) A service provider providing a service in accordance with subsection (4) is exempt from the requirements of subsections (2) and (3). ”.

5.

Section 41

In subsection (2) after the words “The Minister may” delete the words “by order”.

PART 5

Amendment to Civil Registration Act 2004

Item

Provision affected

Amendment

1.

Section 51

In subsection (2) delete paragraph ( c) and substitute the following paragraph:

“( c) the solemnisation takes place in a place that is open to the public, unless an tArd-Chláraitheoir or a superintendent registrar—

(i) is satisfied on the basis of a certificate of a registered medical practitioner that one or both of the persons to be married is too ill to attend at a place that is open to the public, and

(ii) gives approval to the solemniser to the solemnisation taking place at another place

(I) chosen by the persons to be married, and

(II) agreed to by the solemniser. ”.

2.

Section 52

Insert the following subsection at the end of section 52:

“(4) Subsection (1) does not apply in respect of a marriage solemnised in the circumstances described in subparagraph (i) and (ii) of section 51(2)( c).”.

PART 6

Amendment to Disability Act 2005

Item

Provision affected

Amendment

1.

Section 10

By deleting “under section 5 of the Act of 2004”.

PART 7

Amendment to Health (Repayment Scheme) Act 2006

Item

Provision affected

Amendment

1.

Section 2

( a) By inserting the following definition after the definition of “act”:

“‘Agency’ means the National Treasury Management Agency established by section 3 of the National Treasury Management Agency Act 1990;”,

and

( b) By inserting the following definitions after the definition of “applicant”:

“‘Authority’ means the Irish Financial Services Regulatory Authority established by section 33B of the Central Bank Act 1942 (as inserted by section 26 of the Central Bank and Financial Services Authority of Ireland Act 2003);

‘central treasury services’ means central treasury services within the meaning of section 18 of the National Treasury Management Agency (Amendment) Act 2000;”.

( c) In the definition of “connected person”, in paragraph ( b), by inserting “or the county registrar concerned, as the case requires,” after “Wards of Court”.

2.

Section 9

( a) In subsection (2)—

(i) by substituting the following for paragraph ( a)(ii):

“(ii) as follows:

(I) with such financial institutions as are authorised by the Authority;

(II) in securities of the Government (including savings certificates); or

(III) in securities guaranteed as to capital and interest by the Minister for Finance, ”,

(ii) in paragraph ( b), by deleting “or” at the end,

(iii) in paragraph ( c), by deleting “lodged.” and substituting “lodged, and”,

(iv) by inserting the following after paragraph ( c):

“( d) may deposit moneys held in any patient’s private property account, unless otherwise directed in writing by the account holder or a next friend appointed by a court, in central treasury services,

( e) may request the Agency to manage some or all of the moneys in patients’ private property accounts subject to such conditions as the Executive and the Agency may agree to from time to time,

( f) may amend or revoke a request referred to in paragraph ( e) (but without prejudice to the validity of any act done pursuant to the request before the amendment or revocation, as the case may be),”,

and

( b) by inserting the following after subsection (2):

“(2A) The Agency shall, by virtue of this subsection, have all such powers as are necessary for or incidental to the carrying out of a request referred to in subsection (2)( e).”.

3.

Section 11

By deleting subsection (12) and substituting the following:

“(12) The Executive, in respect of moneys standing to the credit of the Fund (other than such moneys for the time being required for the purposes of making payments out of the Fund pursuant to subsection (1))—

( a) may invest such moneys—

(i) with such financial institutions as are authorised by the Authority,

(ii) in securities of the Government (including savings certificates), or

(iii) in securities guaranteed as to capital and interest by the Minister for Finance,

or

( b) may deposit such moneys in central treasury services.

(13) The Executive

( a) may request the Agency to manage some or all of the moneys standing to the credit of the Fund (other than such moneys for the time being required for the purposes of making payments out of the Fund pursuant to subsection (1)) subject to such conditions as the Executive and the Agency may agree to from time to time,

( b) may amend or revoke a request referred to in paragraph ( a) (but without prejudice to the validity of any act done pursuant to the request before the amendment or revocation, as the case may be).

(14) The Agency shall, by virtue of this subsection, have all such powers as are necessary for or incidental to the carrying out of a request referred to in subsection (13)( a).”.