C22

Prospective affecting provision: section inserted by Health (Amendment) (No. 3) Act 2021 (37/2021), s. 3, not commenced as of date of revision.

F92[38T. (1) The Minister or, at the direction of the Minister, the Health Service Executive, or other person may enter, on such terms and conditions as he or she or it considers appropriate, into one or more agreements with one or more other persons (in this Act referred to as an "approved person") for the provision by the approved person of services relating to any or all of the following:

(a) being available as a person to whom applicable travellers may present themselves for quarantine in accordance with subsection (6) of section 38N;

(b) the conveying of applicable travellers from the place at which they present themselves to a relevant person, member of the Garda Síochána or approved person in accordance with that subsection;

(c) the conveying of applicable travellers from any place at which they are detained by a relevant person or a member of the Garda Síochána under section 38N(8) to a designated facility;

(d) the conveying of applicable travellers from one designated facility to another where section 38N(24) applies;

(e) the return of applicable travellers to designated facilities in accordance with section 38O;

(f) the provision of security arrangements in respect of any of the services referred to in paragraphs (a) to (e).

(2) Where the Minister, or at the direction of the Minister, the Health Service Executive or other person, enters into an agreement under subsection (1) with an approved person, the approved person may, if authorised in that behalf by the Minister or, at the direction of the Minister, the Health Service Executive or other person and in accordance with such conditions (if any) of such authorisation, enter into an agreement with one or more other persons for the provision, of any one or more of the services, the subject of the agreement concerned and any such other person shall unless the agreement otherwise provides have all of the duties and obligations of an approved person provided for in this Act.

(3) The Minister or the Health Service Executive or other person, as the case may be, shall, before entering in to agreement under subsection (1) or authorising an agreement referred to in subsection (2), be satisfied that the arrangements the subject of the agreement concerned are suitable, and the services are of sufficient quality, to meet the health and welfare needs of applicable travellers.

(4) An agreement referred to in subsection (1) shall require that an approved person implement—

(a) standards and protocols established by the Minister or, at the direction of the Minister, the Health Service Executive or other person, for services provided by the approved person, and

(b) the provisions of any regulations relating to services under this section made by the Minister under section 38S.

(5) An approved person shall—

(a) keep, in such form as may be agreed, all proper and usual accounts and records of income received and expenditure incurred by it in the provision of the service,

(b) submit such accounts and financial statements annually for audit, and

(c) supply a copy of the audited accounts and financial statements and the statutory auditor’s report on the financial statements to the person with whom the approved person entered into the agreement under subsection (1) within such period as may be specified by such person.

(6) The Minister or, at the direction of the Minister, the Health Service Executive or other person, may make such arrangements as he or she considers appropriate to monitor—

(a) the expenditure incurred in the provision of services by approved persons, and

(b) the provision of those services by such approved persons.

(7) An approved person who enters into any agreement under subsection (1) or (2) shall upon request provide to the Minister, or at the direction of the Minister, the Health Service Executive, such information and within such time period as may be specified in the request as is considered material to the provision of services in accordance with any such agreement.

(8) An approved person to whom a request is made under subsection (7) shall comply with the request within the time period specified in the request.

(9) At the Minister’s request, the Health Service Executive or other person shall provide the Minister with any information given to it by an approved person in response to a request under subsection (7).

(10) Nothing in this section shall operate to prevent the Minister, or at the direction of the Minister, the Health Service Executive or other person from entering into an agreement in respect of the provision of services both under this section and section 38U.

(11) An approved person may authorise in writing one or more of its servants, agents, contractors or employees to perform any function or exercise any powers conferred on the approved person under section 38O, and such servants, agents, contractors or employees of the approved person so authorised may perform the function or exercise the power accordingly.

(12) In this section, a reference to an "applicable traveller" shall, where the context so requires, include a reference to—

(a) a dependant person who is accompanying that traveller in accordance with section 38N(10), and

(b) a responsible adult within the meaning of section 38N.]