Health Service Executive (Governance) Act 2013

13.

Amendment of section 32 of Act of 2004.

13.— The Act of 2004 is amended by substituting the following for section 32:

“Amendment of approved service plan.

32.— (1) After approving a service plan, the Minister may direct the Executive to submit an amended service plan and may specify in the direction the manner in which the plan is to be amended.

(2) The Executive may amend an approved service plan.

(3) If the Minister directs the Executive to submit an amended service plan in accordance with subsection (1), subsections (4) to (11) of section 31 shall apply with all necessary modifications to the amended service plan.

(4) The Executive shall submit a service plan amended under subsection (2) as soon as practicable and in any event not later than 5 days after the day on which it adopts the amended service plan.

(5) Within 21 days after receiving an amended service plan submitted in accordance with subsection (4), the Minister may, having consulted with the Minister for Children and Youth Affairs—

( a) direct the Executive to amend the service plan specifying the manner in which the service plan is to be amended, or

( b) notify the Executive that he or she intends to amend the plan in consultation with the Executive.

(6) Unless the direction or notification relating to an amended service plan is issued by the Minister within the period specified in subsection (5), the amended service plan is deemed to have been approved by the Minister immediately before the end of that period.

(7) If a direction relating to an amended service plan is issued by the Minister within the period specified in subsection (5), any amendment made (either in the amended service plan or in response to the direction) by the Executive to its approved service plan has no effect until the amendment is approved by the Minister.

(8) The Minister shall ensure that a copy of an approved service plan amended under this section is laid before both Houses of the Oireachtas within 21 days after the amended service plan is approved or deemed to have been approved by the Minister.

(9) The Executive shall ensure that, as soon as practicable after copies of an approved amended service plan are laid before the Houses of the Oireachtas, the plan is published on the Internet or in accordance with such other arrangements as the Minister may specify.”.