Health Act 1947

Nurses for infectious diseases.

42

42.(1) A health authority may provide nurses for attendance on persons suffering from infectious disease.

(2) F100[F101[]] F102[Where a person is attended by a nurse] provided under this section, the health authority concerned may either:—

(a) at their discretion but subject to any relevant regulations under section 31 of this Act, make a charge for the attendance, or

(b) make no charge therefor.

F103[(2A) F101[]]

(3) A charge under F100[F101[]] F102[subsection (2)] of this section for the attendance of a nurse on any person may be recovered as a simple contract debt in any court of competent jurisdiction from—

(a) such person or, in case such person has died, his legal personal representative, or

(b) any other person liable to maintain such person for the purposes of the Public Assistance Act, 1939 (No. 27 of 1939), by virtue of section 27 of that Act or, in case such other person has died, his legal personal representative.

Annotations:

Amendments:

F100

Substituted (26.03.2021 for relevant period) by Health (Amendment) Act 2021 (1/2021), s. 8(a), (c), S.I. No. 142 of 2021, subject to s. 9(3)-(7). The relevant period was extended from 8 June 20201 to 31 July 2021 by Resolution of Dáil Éireann: Debates Volume 1008 No. 2, 2 June 2021 - Health (Amendment) Act 2021: Motion, and by Resolution of Seanad Éireann: Debates Volume 276 No. 8, 31 May 2021, Health (Amendment) Act 2021: Motion. It was again extended from 1 August 2021 to 31 October 2021 by Resolution of Dáil Éireann: Debates Volume 1010 No. 5, 14 July 2021, Mandatory Hotel Quarantine Extension: Motion, and by Resolution of Seanad Éireann: Debates Volume 278 No. 4, 16 July 2021, Mandatory Hotel Quarantine Extension: Motion.

F101

Ceased on expiry of relevant period (1.11.2021) as per Health (Amendment) Act 2021 (1/2021), s. 9(3), S.I. No. 113 of 2021.

F102

Re-inserted on expiry of relevant period (1.11.2021) as per Health (Amendment) Act 2021 (1/2021), s. 9(3), S.I. No. 113 of 2021.

F103

Inserted (26.03.2021 for relevant period) by Health (Amendment) Act 2021 (1/2021), s. 8(b), S.I. No. 142 of 2021, subject to s. 9(3)-(7). The relevant period was extended from 8 June 20201 to 31 July 2021 by Resolution of Dáil Éireann: Debates Volume 1008 No. 2, 2 June 2021 - Health (Amendment) Act 2021: Motion, and by Resolution of Seanad Éireann: Debates Volume 276 No. 8, 31 May 2021, Health (Amendment) Act 2021: Motion. It was again extended from 1 August 2021 to 31 October 2021 by Resolution of Dáil Éireann: Debates Volume 1010 No. 5, 14 July 2021, Mandatory Hotel Quarantine Extension: Motion, and by Resolution of Seanad Éireann: Debates Volume 278 No. 4, 16 July 2021, Mandatory Hotel Quarantine Extension: Motion.

F104

Substituted by Health (Amendment) (No. 3) Act 2021 (37/2021), s. 4(a), (c), not commenced as of date of revision, subject to s. 5(3)-(7).

F105

Inserted by Health (Amendment) (No. 3) Act 2021 (37/2021), s. 4(b), not commenced as of date of revision, subject to s. 5(3)-(7).

Modifications (not altering text):

C30

Prospective affecting provision: subss. (2), (3) amended and subs. (2A) inserted by Health (Amendment) (No. 3) Act 2021 (37/2021), s. 4, not commenced as of date of revision, subject to s. 5(3)-(7).

(2) F100[F101[]] F104[Subject to subsection (2A), where a person is attended by a nurse] provided under this section, the health authority concerned may either:—

...

F105[(2A) A charge shall be made for the attendance on persons at a designated facility.]

(3) A charge under F100[F101[]] F104[subsection (2) or (2A)] of this section for the attendance of a nurse on any person may be recovered as a simple contract debt in any court of competent jurisdiction from—

...