Health Service Executive (Governance) Act 2013

20.

Amendment of section 77 of Act of 2004.

20.— The Act of 2004 is amended by substituting the following for section 77:

“Certificate evidence concerning delegation of functions.

77.— (1) In any legal proceedings, a certificate that—

( a) states that a specified function of the Executive was on a specified day delegated to the Director General,

( b) states that the delegation of the function concerned remained in force on a specified day, and

( c) is signed by 2 appointed directors,

shall, unless the contrary is proved, be evidence of the matters stated in the certificate.

(2) In any legal proceedings, a certificate that—

( a) states that a specified function was on a specified day delegated or subdelegated to an employee of the Executive,

( b) states that the delegation or subdelegation of the function concerned remained in force on a specified day,

( c) specifies the limitations, if any, imposed on the delegation or subdelegation of the function concerned, and

( d) is signed by the Director General or an employee of the Executive who has subdelegated a specified function of the Executive delegated or subdelegated to him or her under section 16H,

shall, unless the contrary is proved, be evidence of the matters stated in the certificate.

(3) A certificate referred to in subsection (1) or (2) that appears to be signed by an appointed director, the Director General or the employee concerned, as the case may be, shall be admissible in any proceedings as evidence of the matters stated in the certificate without proof of his or her signature.”.