Health Service Executive (Governance) Act 2013
Amendment of section 76 of Act of 2004.
19.— The Act of 2004 is amended by substituting the following for section 76:
“Effect of delegation and subdelegation of functions.
76.— (1) If a function of the Executive is delegated by the Directorate to the Director General under section 16C, references in a provision of this Act or any other enactment that assign that function to the Executive or that regulate the manner in which the function is to be performed are to be construed as references to the Director General.
(2) If a function of the Director General under section 16G is delegated or subdelegated by him or her to an employee of the Executive under section 16H(1)( a) or is subdelegated by an employee authorised to do so under section 16H(1)( b), references in any provision of this Act or any other enactment that regulates the manner in which that function is to be performed are to be construed as references to the employee to whom the function is delegated or subdelegated.
(3) If a function is delegated under section 16C or subdelegated under section 16H(1) the delegation or subdelegation is to be taken to include the delegation or subdelegation of any duty or power incidental to or connected with that function.
(4) An act or thing done by the Director General pursuant to a delegation by the Directorate under section 16C(2) has the same force and effect as if done by the Directorate.
(5) An act or thing done by an employee of the Executive pursuant to a delegation or subdelegation under section 16H has the same force and effect as if done by the Director General.
(6) The revocation of a delegation by the Directorate or the Director General does not affect a subdelegation authorised under section 16H , unless the Directorate or Director General, as the case may be, otherwise directs.
(7) A delegation or subdelegation of a function does not cease to have effect solely because the person who delegated or subdelegated the function or authorised its subdelegation no longer holds the position that the person held when the function was delegated, subdelegated or authorised to be subdelegated.”.