Health Act 2007

2.

Interpretation.

2.— (1) In this Act:

F1 [ Agency means the Child and Family Agency established under the Child and Family Agency Act 2013; ]

“Authority” means the Health Information and Quality Authority established under section 6 ;

“Board” means the Board, referred to in section 13 , of the Authority;

“dependent person” means dependent person as defined in section 1(1) of the Health (Nursing Homes) Act 1990;

F2 [ designated centre means an institution

(a) at which residential services are provided by the Executive, the Agency, a service provider under this Act or a person that is not a service provider but who receives assistance under section 39 of the Health Act 2004

(i) in accordance with the Child Care Act 1991 ,

(ii) to persons with disabilities, in relation to their disabilities, or

(iii) to other dependent persons, in relation to their dependencies,

or

(b) that is a special care unit,

(c) that is a nursing home as defined in section 2 of the Health (Nursing Homes) Act 1990 , but does not include any of the following:

(i) a centre registered by the Mental Health Commission;

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

(iii) that part of an institution in which the majority of persons being cared for and maintained are being treated for acute illness or provided with palliative care;

(iv) an institution primarily used for the provision of educational, cultural, recreational, leisure, social or physical activities;

(v) a children detention school as defined in section 3 of the Children Act 2001 ; ]

“disability” means disability as defined in section 2 of the Disability Act 2005 and the term “substantial restriction” in that definition shall be construed as meaning a restriction as described in paragraphs ( a) and ( b) of section 7(2) of that Act;

“Executive” means the Health Service Executive established under the Health Act 2004;

“financial year” means a period of 12 months ending on 31 December in any year;

“Interim Health Information and Quality Authority” means the body established by the Interim Health Information and Quality Authority (Establishment) Order, 2005 ( S.I. No. 132 of 2005);

“Irish Health Services Accreditation Board” means the body established by the Irish Health Services Accreditation Board (Establishment) Order, 2002 ( S.I. No. 160 of 2002);

“local authority” has the same meaning as in the Local Government Act 2001;

“Mental Health Commission” means the body established by section 32 of the Mental Health Act 2001;

“member” in relation to the Board includes the chairperson;

“Minister” means the Minister for Health and Children;

“ordinary member” means a member of the Board other than the chairperson;

“prescribed” means prescribed by regulation made by the Minister;

“public authority” means any of the following:

( a) a Minister of the Government;

( b) the Commissioners of Public Works in Ireland;

( c) a local authority;

( d) a harbour authority within the meaning of the Harbours Act 1946;

( e) a board or other body (but not a company) established by or under statute;

( f) a company in which all the shares are held by or on behalf of, or by directors appointed by, a Minister of the Government;

( g) a company in which all the shares are held by a board, company or other body referred to in paragraph (e) or (f);

( h) any other body prescribed for the purpose of any provision of this Act;

“register” means a register of designated centres established under F3 [ section 41(1)( b ) ];

“registered provider” in relation to a designated centre means the person whose name is entered in a register as the person carrying on the business of the designated centre;

F4 [ service provider means a person who

(a) enters into an arrangement under section 38 of the Health Act 2004 to provide a health or personal social service on behalf of the Executive,

(b) is in receipt of assistance under section 39 of the Health Act 2004 in an amount that exceeds an amount prescribed for the purpose of this subparagraph, or

(c) is a service provider under the Child and Family Agency Act 2013; ]

F5 [ special care unit has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011) of the Child Care Act 1991 ; ]

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death.

(2) For the purposes of the definition of designated centre in subsection (1), “institution” means a home, F6 [ unit, ] centre or institution or part of a home, F6 [ unit, ] centre or institution.

F7 [ (2A) For the purposes of the definition of designated centre (as amended by the Child Care (Amendment) Act 2011) in subsection (1) and construing references to persons resident in, residents of, and persons who can be accommodated in, a designated centre, such references shall be construed as including children detained in a special care unit in accordance with the Child Care Act 1991 (as amended by the Child Care (Amendment) Act 2011). ]

Annotations:

Amendments:

F1

Inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 20 item 1(a), S.I. No. 502 of 2013.

F2

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 20 item 1(b), S.I. No. 502 of 2013.

F3

Substituted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 64(1), commenced on enactment.

F4

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 20 item 1(c), S.I. No. 502 of 2013.

F5

Substituted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 36(1)(b), S.I. No. 637 of 2017.

F6

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 36(1)(c), S.I. No. 637 of 2017.

F7

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 36(1)(d), nS.I. No. 637 of 2018.

Editorial Notes:

E3

Previous affecting provision: definition of “designated centre” amended by Child Care (Amendment) Act 2011 (19/2011), s. 36(1)(a), not commenced; definition substituted as per F-note above.