Health Act 2007

8.

Functions of Authority.

8.— (1) The functions of the Authority are as follows:

F8 [ (a) subject to this Act and to the extent practicable, to further the Authority s object;

(b) to set standards on safety and quality in relation to

(i) services provided by the Executive, the Agency or a service provider in accordance with

(I) the Health Acts 1947 to 2011, except for services under the Mental Health Acts 1945 to 2009 that, under the Health Act 2004 , are provided by the Executive,

(II) the Child Care Acts 1991 to 2013,

(III) the Children Act 2001 ,

and

(ii) services provided by a nursing home as defined in section 2 of the Health (Nursing Homes) Act 1990 ,

in this section called the services , and advise the Minister, the Minister for Children and Youth Affairs, the Agency and the Executive as may be appropriate in relation to the particular service in respect of which the standards are set. ]

( c) to monitor compliance with the standards referred to in paragraph (b), except any standards in relation to designated centres F9 [ ] and the performance of the Executive’s F10 [ and the Agency s ] functions referred to in F11 [ section 41(1)( a ) ] and to advise F12 [ the Minister, the Minister for Children and Youth Affairs, the Executive and the Agency accordingly ];

( d) to undertake investigations in accordance with section 9 ;

( e) at the request or with the approval of the Minister F13 [ or the Minister for Children and Youth Affairs ] to review and make recommendations as the Authority thinks fit in respect of the services, to ensure the best outcomes for the resources available to F14 [ the Executive and the Agency; ]

( f) to operate accreditation programmes in respect of the services and to grant accreditation to any of them meeting standards set or recognised by the Authority;

( g) to operate such other schemes aimed at ensuring safety and quality in the provision of the services as the Authority considers appropriate;

( h) to evaluate the clinical and cost effectiveness of health technologies including drugs and provide advice arising out of the evaluation to the Minister and the Executive;

( i) to evaluate available information respecting the services and the health and welfare of the population;

( j) to provide advice and make recommendations to F15 [ the Minister, the Minister for Children and Youth Affairs, the Executive and the Agency ] about deficiencies identified by the Authority in respect of the information referred to in paragraph (i);

( k) to set standards as the Authority considers appropriate for F16 [ the Executive, the Agency and service providers ] respecting data and information in their possession in relation to services and the health and welfare of the population;

( l) to advise F17 [ the Minister, the Minister for Children and Youth Affairs, the Executive and the Agency ] as to the level of compliance by the Executive and service providers with the standards referred to in paragraph (k);

( m) to act as a body standing prescribed by regulations made by the Minister for Health and Children—

(i) as set out in section 5(5) of the Education for Persons with Special Educational Needs Act 2004, and

(ii) as set out in section 10 of the F18 [ Disability Act 2005 ; ]

F19 [ ( n ) to exercise such powers and perform such functions of the State and the competent authority under Council Directive 2013/59/Euratom of 5 December 2013 as are conferred on the Authority by the European Union (Basic Safety Standards for Protection Against Dangers Arising from Medical Exposure to Ionising Radiation) Regulations 2018 ( S.I. No. 256 of 2018 ). ]

(2) In carrying out its functions the Authority shall have regard to—

( a) the policies and objectives of the Government or any Minister of the Government in so far as they may affect or relate to the functions of the Authority,

( b) the need to co-operate with and co-ordinate its activities with public authorities, the performance of whose functions may affect or relate to the functions of the Authority other than the functions described in subsection (1)(c), (d) and (l),

( c) the resources available to F20 [ the Executive and the Agency, ] and

( d) in so far as is reasonably practicable, research, statistics and other information in relation to the health and personal social services that are provided in other jurisdictions.

(3) The Authority has all the powers as are necessary or expedient for the performance by it of its functions.

(4) Subject to any directions given by the Minister under section 29 , or to any charges determined under section 39 , the Authority, in relation to health or personal social services, may—

( a) provide advice on safety, quality and standards, and

( b) operate accreditation programmes for and at the request of health providers other than service providers F21 [ as defined in section 2(1), the Executive or the Agency. ]

Annotations:

Amendments:

F8

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

F9

Deleted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 36(2), S.I. No. 637 of 2017.

F10

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

F11

Substituted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 64(2), commenced on enactment.

F12

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

F13

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

F14

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

F15

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

F16

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

F17

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

F18

Substituted (8.01.2019) by European Union (Basic Safety Standards for Protection Against Dangers Arising from Medical Exposure to Ionising Radiation) Regulations 2018 (S.I. No. 256 of 2018), reg. 32(a).

F19

Inserted (8.01.2019) by European Union (Basic Safety Standards for Protection Against Dangers Arising from Medical Exposure to Ionising Radiation) Regulations 2018 (S.I. No. 256 of 2018), reg. 32(b).

F20

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

F21

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