Health Act 1970


Number 1 of 1970


HEALTH ACT 1970

REVISED

Updated to 1 November 2020


This Revised Act is an administrative consolidation of the Health Act 1970. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 (20/2020), enacted 25 October 2020, and all statutory instruments up to and including the Health Services (Prescription Charges) (Over 70s) Regulations 2020 (S.I. No. 465 of 2020), made 27 October 2020, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 1 of 1970


HEALTH ACT 1970

REVISED

Updated to 1 November 2020


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Health Acts 1947 to 2020: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 (11/2020), s. 7(2)). The Acts in this group are:

Health Act 1947 (28/1947)

Health Act 1953 (26/1953) (citation only)

Health (Fluoridation of Water Supplies) Act 1960 (46/1960) (citation only)

Health Act 1970 (1/1970)

Misuse of Drugs Act 1977 (12/1977), s. 36 and s. 42 in so far as it amends the Health Acts 1947 to 1970 (citation only)

Health (Family Planning) Act 1979 (20/1979)

Health (Amendment) Act 1986 (10/1986)

Health (Amendment) Act 1987 (3/1987)

Health (Nursing Homes) Act 1990 (23/1990)

Health (Amendment) Act 1991 (15/1991), other than s. 8

Health (Amendment) Act 1994 (11/1994)

Health (Amendment) Act 1996 (15/1996)

Health (Amendment) (No. 2) Act 1996 (23/1996)

Health (Amendment) (No. 3) Act 1996 (32/1996), other than ss. 21 and 22

Health (Provision of Information) Act 1997 (9/1997)

Health (Eastern Regional Health Authority) Act 1999 (13/1999)

Health (Miscellaneous Provisions) Act 2001 (14/2001), except in so far as it relates to the Tobacco (Health Promotion and Protection) Act 1988 (citation only)

Health Act 2004 (42/2004)

Health (Amendment) Act 2005 (3/2005), in so far as it amends the Health Acts 1947 to 2004

Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), Part 5

Health (Repayment Scheme) Act 2006 (17/2006)

Hepatitis C Compensation Tribunal (Amendment) Act 2006 (22/2006), except s. 6

Health (Nursing Homes) (Amendment) Act 2007 (1/2007)

Health Act 2007 (23/2007)

Medical Practitioners Act 2007 (25/2007), s. 57(9) (citation only)

Health Act 2008 (21/2008)

Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 64

Health (Amendment) Act 2010 (15/2010) (citation only)

Health (Amendment) (No. 2) Act 2010 (20/2010)

Child Care (Amendment) Act 2011 (19/2011), ss. 35 and 36 (citation only)

Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013)

Health (Pricing and Supply of Medical Goods) Act 2013 (14/2013), s. 30 (citation only)

Health Service Executive (Governance) Act 2013 (23/2013)

Health (Alteration of Criteria for Eligibility) (No. 2) Act 2013 (42/2013) (citation only)

Local Government Reform Act (1/2014), the amendment to the Health (Fluoridation of Water Supplies) Act 1960 provided for in section 5 (6) and sch. 2, part 6.

Health Service Executive (Financial Matters) Act 2014 (17/2014)

Health (General Practitioner Service) Act 2014 (28/2014)

Health (General Practitioner Service) Act 2015 (19/2015)

Health (General Practitioner Service) Act 2018 (13/2018)

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), Part 2

Health Service Executive (Governance) Act 2019 (17/2019), other than Part 3

Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 (11/2020)

Acts previously included in the group but now repealed are:

Health Act 1954 (23/1954)

Health and Mental Treatment Act 1957 (16/1957), s. 1

Health and Mental Treatment (Amendment) Act 1958 (37/1958), s.1

Health (Homes For Incapacitated Persons) Act 1964 (8/1964)

Health and Mental Treatment (Amendment) Act 1966 (2/1966), s. 1

Health (Mental Services) Act 1981 (17/1981)

Health (Family Planning) (Amendment) Act 1985 (4/1985)

Health (Amendment) Act 2004 (19/2004)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 (11/2020)

Health Service Executive (Governance) Act 2019 (17/2019)

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019)

Health (Regulation of Termination of Pregnancy) Act 2018 (31/2018)

Health (General Practitioner Service) Act 2018 (13/2018)

Health (Amendment) Act 2017 (5/2017)

Health Insurance (Amendment) Act 2015 (54/2015)

Health (General Practitioner Service) Act 2015 (19/2015)

Redress for Women Resident in Certain Institutions Act 2015 (8/2015)

Health (Miscellaneous Provisions) Act 2014 (33/2014)

Health (General Practitioner Service) Act 2014 (28/2014)

Health (Alteration of Criteria for Eligibility) (No. 2) Act 2013 (42/2013)

Health (Amendment) Act 2013 (31/2013)

Health (Pricing and Supply of Medical Goods) Act 2013 (14/2013)

Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Health (Amendment) (No. 2) Act 2010 (20/2010)

Nursing Homes Support Scheme Act 2009 (15/2009)

Health Act 2008 (21/2008)

Health (Nursing Homes) (Amendment) Act 2007 (1/2007)

Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006)

Health (Amendment) Act 2005 (3/2005)

Health Act 2004 (42/2004)

Public Service Management (Recruitment and Appointments) Act 2004 (33/2004)

Health (Amendment) Act 2004 (19/2004)

Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004)

Local Government Act 2001 (37/2001)

Health (Miscellaneous Provisions) Act 2001 (14/2001)

Health (Eastern Regional Health Authority) Act 1999 (13/1999)

Health (Amendment) (No. 2) Act 1996 (23/1996)

Social Welfare Act 1996 (7/1996)

Local Government (Dublin) Act 1993 (31/1993)

Social Welfare (Consolidation) Act 1993 (27/1993)

Comptroller and Auditor General (Amendment) Act 1993 (8/1993)

Health (Amendment) Act 1991 (15/1991)

Social Welfare Act 1991 (7/1991)

Health (Nursing Homes) Act 1990 (23/1990)

Status of Children Act 1987 (26/1987)

Health (Amendment) Act 1987 (3/1987)

Local Authorities (Officers and Employees) Act 1983 (1/1983)

Local Government (Superannuation) Act 1980 (8/1980)

Misuse of Drugs Act 1977 (12/1977)

Social Welfare (Supplementary Welfare Allowances) Act 1975 (28/1975)

All Acts up to and including Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 (20/2020), enacted 25 October 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Health Services (Prescription Charges) (Over 70s) Regulations 2020 (S.I. No. 465 of 2020)

Health Services (Prescription Charges) Regulations 2020 (S.I. No. 464 of 2020)

Health Services (Amendment) Regulations 2020 (S.I. No. 463 of 2020)

Health (Out-Patient Charges) Regulations 2019 (S.I. No. 693 of 2019)

Health Act 1970 (Section 58A(8)) (Classes of Payments) Regulations 2019 (S.I. No. 416 of 2019)

Health Act 1970 (Section 45A(7)) (Classes of Payments) Regulations 2019 (S.I. No. 415 of 2019)

Health (Residential Support Services Maintenance And Accommodation Contributions) (Amendment) Regulations 2019 (S.I. No.106 of 2019)

Health Services (Amendment ) Regulations 2019 (S.I. No. 59 of 2019)

Health Services (Prescription Charges) (Over 70s) Regulations 2018 (S.I. No. 639 of 2018)

Public Service Pay and Pensions Act 2017 (Payments in Respect of Certain Services under Section 62A of the Health Act 1970) Regulations 2018 (S.I. No. 598 of 2018)

Health Act 1970 (Fifth Schedule) Regulations 2018 (S.I. No. 554 of 2018)

Health (Residential Support Services Maintenance and Accommodation Contributions) (Amendment) Regulations 2018 (S.I. No. 94 of 2018)

Health Services (Drug Payment Scheme) Regulations 2017 (S.I. No. 577 of 2017)

Health Services (Prescription Charges) Regulations 2017 (S.I. No. 553 of 2017)

Health (Out-Patient Charges) Regulations 2017 (S.I. No. 548 of 2017)

Health (Residential Support Services Maintenance and Accommodation Contributions) (Amendment) Regulations 2017 (S.I. No. 58 of 2017)

Health Act 1970 (Section 59(4)) Regulations 2016 (S.I. No. 635 of 2016)

Health (Residential Support Services Maintenance and Accommodation Contributions) Regulations 2016 (S.I. No. 467 of 2016)

Health Act 1970 (Section 59(4)) Regulations 2015 (S.I. No. 382 of 2015)

Health Act 1970 (Section 58C) (Payments to Relevant Medical Practitioners) Regulations 2015 (S.I. No. 284 of 2015)

Health Act 1970 (Section 58A(8)) (Classes of Payments) Regulations 2015 (S.I. No. 278 of 2015)

Health Act 1970 (Section 45A(7)) (Classes of Payments) Regulations 2015 (S.I. No. 277 of 2015)

Saint Patrick’s Hospital Dublin (Charter Amendment) Order 2014 (S.I. No. 517 of 2014)

Health Act 1970 (Fifth and Sixth Schedules) Regulations 2014 (S.I. No. 75 of 2014)

Health Services (Prescription Charges) Regulations 2013 (S.I. No. 437 of 2013)

Health (Out-Patient Charges) Regulations 2013 (S.I. No. 45 of 2013)

Health Services (Prescription Charges) Regulations 2012 (S.I. No. 545 of 2012)

Health Services (Drug Payment Scheme) Regulations 2012 (S.I. No. 526 of 2012)

Health Services (Drug Payment Scheme) Regulations 2011 (S.I. No. 648 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Health (Charges for In-Patient Services) (Amendment) Regulations 2011 (S.I. No. 382 of 2011)

Health Services (Drugs Payment Scheme) Regulations 2009 (S.I. No. 536 of 2009)

Health (Out-Patient Charges) (Amendment) Regulations 2008 (S.I. No. 544 of 2008)

Health (In-Patient Charges) (Amendment) Regulations 2008 (S.I. No. 543 of 2008)

Health (Charges for In-Patient Services) (Amendment) Regulations 2008 (S.I. No. 521 of 2008)

Health Services Regulations 2008 (S.I. No. 519 of 2008)

Health Services Regulations 2007 (S.I. No. 837 of 2007)

Health (Out-Patient Charges) (Amendment) Regulations 2007 (S.I. No. 825 of 2007)

Health (In-Patient Charges) (Amendment) Regulations 2007 (S.I. No. 824 of 2007)

Health (Charges for In-Patient Services) (Amendment) Regulations 2006 (S.I. No. 649 of 2006)

Health (In-Patient Charges) (Amendment) Regulations 2005 (S.I. No. 762 of 2005)

Health (Out-Patient Charges) (Amendment) Regulations 2005 (S.I. No. 761 of 2005)

Health (Charges For In-Patient Services) Regulations 2005 (S.I. No. 276 of 2005)

Health Services Regulations 2005 (S.I. No. 832 of 2004)

Health (Out-Patient Charges) (Amendment) Regulations 2004 (S.I. No. 826 of 2004)

Health (In-Patient Charges) (Amendment) Regulations 2004 (S.I. No. 825 of 2004)

Health Services Regulations 2004 (S.I. No. 658 of 2003)

Health (In-Patient Charges) (Amendment) Regulations 2003 (S.I. No. 654 of 2003)

Health (Out-Patient Charges) (Amendment) Regulations 2003 (S.I. No. 653 of 2003)

Health Act 1970 (Section 76) Simpson’s Hospital Estate Act (Amendment) Order 2003 (S.I. No. 516 of 2003)

Health (Out-Patient Charges) (Amendment) Regulations 2003 (S.I. No. 349 of 2003)

Health (In-Patient Charges) (Amendment) Regulations 2003 (S.I. No. 348 of 2003)

Health Services Regulations 2003 (S.I. No. 603 of 2002)

Health (In-Patient Charges) (Amendment) (No. 2) Regulations 2002 (S.I. No. 553 of 2002)

Health Services Regulations 2002 (S.I. No. 368 of 2002)

Health (In-Patient Charges) (Amendment) Regulations 2002 (S.I. No. 367 of 2002)

Health (Out-Patient Charges) (Amendment) Regulations 2002 (S.I. No. 366 of 2002)

Health (Community Pharmacy Contractor Agreement) Regulations, 1996 (Revocation) Regulations 2002 (S.I. No. 28 of 2002)

Health (Out-Patient Charges) (Amendment) Regulations 2001 (S.I. No. 583 of 2001)

Health (In-Patient Charges) (Amendment) Regulations 2001 (S.I. No. 582 of 2001)

Health Services Regulations 2001 (S.I. No. 66 of 2001)

National Breast Screening Board (Establishment), 1998 (Amendment) (No. 2) Order 2000 (S.I. No. 139 of 2000)

General Medical Services (Payments) Board (Establishment) (Amendment) Order 2000 (S.I. No. 75 of 2000)

Health (Out-Patient Charges) (Amendment) Regulations 1999 (S.I. No. 402 of 1999)

Health (In-Patient Charges) (Amendment) Regulations 1999 (S.I. No. 401 of 1999)

Health Board (Election of Members) (Amendment) Regulations 1999 (S.I. No. 251 of 1999)

National Breast Screening Board (Establishment), 1998 (Amendment) Order 1999 (S.I. No. 84 of 1999)

National Breast Screening Board (Establishment) Order 1998 (S.I. No. 319 of 1998)

Health Board (Miscellaneous Assignment of Duties) Regulations 1998 (S.I. No. 251 of 1998)

Health (Inpatient Charges) (Amendment) Regulations 1997 (S.I. No. 510 of 1997)

Health (Outpatient Charges) (Amendment) Regulations 1997 (S.I. No. 509 of 1997)

Health (Official Control of Food) Approved Laboratories Order 1996 (S.I. No. 242 of 1996)

Health (Official Control of Food) Regulations 1996 (S.I. No. 241 of 1996)

Health Act 1970 (Section 76) (Adelaide and Meath Hospital Dublin Incorporating The National Children's Hospital) Order 1996 (S.I. No. 228 of 1996)

Disabled Persons Maintenance Allowances Regulations 1996 (S.I. No. 165 of 1996)

Health (Community Pharmacy Contractor Agreement) Regulations 1996 (S.I. No.152 of 1996)

Maintenance Allowances (Increased Payment) Regulations 1995 (S.I. No. 313 of 1995)

Health (Extraction Solvents in Foodstuffs) Regulations 1995 (S.I. No. 283 of 1995)

Disabled Persons Maintenance Allowances Regulations 1995 (S.I. No. 141 of 1995)

General Medical Services (Payments) Board (Establishment) Order, 1972 (Amendment) Order 1994 (S.I. No. 442 of 1994)

Maintenance Allowances (Increased Payment) Regulations 1994 (S.I. No. 336 of 1994)

Disabled Persons Maintenance Allowances Regulations 1994 (S.I. No. 237 of 1994)

Health (In-Patient Charges) (Amendment) Regulations 1994 (S.I. No. 38 of 1994)

Health (Out-Patient Charges) Regulations 1994 (S.I. No. 37 of 1994)

Maintenance Allowances (Increased Payment) Regulations 1993 (S.I. No. 331 of 1993)

Health (In-Patient Services) Regulations 1993 (S.I. No. 224 of 1993)

Disabled Persons (Maintenance Allowances) Regulations 1993 (S.I. No. 211 of 1993)

Health Services (Out-Patient) Regulations 1993 (S.I. No. 178 of 1993)

Medical Preparations (Licensing, Advertisement & Sale) (Amendment) Regulations 1993 (S.I. No. 70 of 1993)

Health (Out-Patient Charges) (Amendment) Regulations 1993 (S.I. No. 51 of 1993)

Health (In-Patient Charges) (Amendment) Regulations 1993 (S.I. No. 50 of 1993)

Maintenance Allowances (Increased Payment) Regulations 1992 (S.I. No. 339 of 1992)

Disabled Persons (Maintenance Allowances) Regulations 1992 (S.I. No. 212 of 1992)

Health (Cylamate in Food) (Amendment) Regulations 1992 (S.I. No. 73 of 1992)

Health (Arsenic and Lead in Food) (Amendment) Regulations 1992 (S.I. No. 72 of 1992)

Health (Mineral Hydrocarbons in Food) (Amendment) Regulations 1992 (S.I. No. 71 of 1992)

Health (Solvents in Food) (Amendment) Regulations 1992 (S.I. No. 70 of 1992)

Health (Antioxidant in Food) (Amendment) Regulations 1992 (S.I. No. 69 of 1992)

Health (Colouring Agents in Food) (Amendment) Regulations 1992 (S.I. No. 68 of 1992)

Health (Erucic Acid in Food) (Amendment) Regulations 1992 (S.I. No. 67 of 1992)

Health (Preservatives in Food) (Amendment) Regulations 1992 (S.I. No. 66 of 1992)

Health (Vinyl Chloride in Food) (Amendment) Regulations 1992 (S.I. No. 65 of 1992)

Health (Emulsifiers, Stabilisers, Thickening and Gelling Agents in Food) (Amendment) Regulations 1992 (S.I. No. 24 of 1992)

Health (In-Patient Charges) (Amendment) Regulations 1991 (S.I. No. 366 of 1991)

Health (Official Control of Food) Regulations 1991 (S.I. No. 332 of 1991)

Maintenance Allowance (Increased Payment) Regulations 1991 (S.I. No. 309 of 1991)

Health Services Regulations 1991 (S.I. No. 203 of 1991)

Disabled Persons (Maintenance Allowances) Regulations 1991 (S.I. No. 200 of 1991)

Royal Hospital, Donnybrook (Charter Amendment) Order 1990 (S.I. No. 194 of 1991)

Health Services (Out-Patient) Regulations 1991 (S.I. No. 136 of 1991)

Health Services (In-Patient) Regulations 1991 (S.I. No. 135 of 1991)

Health (In-Patient Charges) (Amendment) Regulations 1990 (S.I. No. 335 of 1990)

Health Services Regulations 1990 (S.I. No. 334 of 1990)

Maintenance Allowances (Increased Payment) Regulations 1990 (S.I. No. 284 of 1990)

General Medical Services (Payments) Board (Establishment) Order, 1972 (Amendment) Order 1990 (S.I. No. 223 of 1990)

Disabled Persons (Maintenance Allowances) Regulations 1990 (S.I. No. 193 of 1990)

Health Services (Amendment) Regulations 1990 (S.I. No. 132 of 1990)

Health (Emulsifiers, Stabilisers, Thicking and Gelling Agents in Food) (Amendment) Regulations 1990 (S.I. No. 102 of 1990)

Health Boards (Amendment) Regulations 1990 (S.I. No. 61 of 1990)

Maintenance Allowances (Increased Payment) Regulations 1989 (S.I. No. 320 of 1989)

Health (Preservatives in Food) (Amendment) Regulations 1989 (S.I. No. 263 of 1989)

Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1989 (S.I. No. 193 of 1989)

Health Services (Amendment) Regulations 1989 (S.I. No. 113 of 1989)

Food Hygiene (Amendment) Regulations 1989 (S.I. No. 62 of 1989)

Maintenance Allowances (Increased Payment) Regulations 1988 (S.I. No. 316 of 1988)

Health (Superannuation Provisions) Order 1988 (S.I. No. 278 of 1988)

Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1988 (S.I. No. 150 of 1988)

Health Services (Amendment) Regulations 1988 (S.I. No. 106 of 1988)

Disabled Persons (Maintenance Allowances) (No. 2) Regulations 1987 (S.I. No. 305 of 1987)

Health (Charges For In-Patient Services) (Amendment) Regulations 1987 (S.I. No. 300 of 1987)

Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1987 (S.I. No. 196 of 1987)

Health Services (Amendment) (No. 2) Regulations 1987 (S.I. No. 134 of 1987)

Health (In-Patient Charges) Regulations 1987 (S.I. No. 116 of 1987)

Health (Out-Patient Charges) Regulations 1987 (S.I. No. 115 of 1987)

Health Services (Amendment) Regulations 1987 (S.I. No. 114 of 1987)

Disabled Persons (Maintenance Allowances) (No. 2) Regulations 1986 (S.I. No. 403 of 1986)

Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1986 (S.I. No. 252 of 1986)

Health (Hospital In-Patient Charges) (Amendment) Regulations 1986 (S.I. No. 221 of 1986)

Health Services (Amendment) Regulations 1986 (S.I. No. 109 of 1986)

Disabled Persons (Maintenance Allowances) (No. 2) Regulations 1985 (S.I. No. 373 of 1985)

Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1985 (S.I. No. 190 of 1985)

Health (Emulsifiers, Stabilisers, Thickening and Gelling Agents in Food) (Amendment) Regulations 1985 (S.I. No. 186 of 1985)

Health Services (Amendment) Regulations 1985 (S.I. No. 145 of 1985)

Health (Disqualification of Officers and Servants) Order 1985 (S.I. No. 15 of 1985)

Disabled Persons (Maintenance Allowances) (No. 2) Regulations 1984 (S.I. No. 305 of 1984)

Health Services (Amendment) Regulations 1984 (S.I. No. 123 of 1984)

Health (Vinyl Chloride in Food) Regulations 1984 (S.I. No. 95 of 1984)

Health (Hospital In-Patient Charges) Regulations 1984 (S.I. No. 94 of 1984)

Disabled Persons (Maintenance Allowances) Regulations 1984 (S.I. No. 71 of 1984)

Health Services (No. 4) Regulations 1983 (S.I. No. 389 of 1983)

Health Services (No. 3) Regulations 1983 (S.I. No. 381 of 1983)

Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1983 (S.I. No. 154 of 1983)

Health Services (No. 2) Regulations 1983 (S.I. No. 139 of 1983)

Health Services Regulations 1983 (S.I. No. 54 of 1983)

Disabled Persons (Maintenance Allowances) (Amendment) (No. 3) Regulations 1982 (S.I. No. 340 of 1982)

Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1982 (S.I. No. 285 of 1982)

Health Services Regulations 1982 (S.I. No. 283 of 1982)

Health (Foods For Particular Nutritional Uses) Regulations 1982 (S.I. No. 272 of 1982)

Health Services (Amendment) Regulations 1982 (S.I. No. 151 of 1982)

Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1982 (S.I. No. 77 of 1982)

Disabled Persons (Maintenance Allowances) (Amendment) (No. 3) Regulations 1981 (S.I. No. 407 of 1981)

Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1981 (S.I. No. 341 of 1981)

Health (Preservatives in Food) Regulations 1981 (S.I. No. 337 of 1981)

Health (Colouring Agents in Food) (Amendment) Regulations 1981 (S.I. No. 336 of 1981)

Health Services Regulations 1981 (S.I. No. 267 of 1981)

Health Services (Amendment) Regulations 1981 (S.I. No. 173 of 1981)

Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1981 (S.I. No. 100 of 1981)

Adelaide Hospital (Charter Amendment) Order 1980 (S.I. No. 374 of 1980)

Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1980 (S.I. No. 367 of 1980)

Health Services (Amendment) Regulations 1980 (S.I. No. 93 of 1980)

Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1980 (S.I. No. 92 of 1980)

Health Services Regulations 1980 (S.I. No. 61 of 1980)

Health (Emulsifiers, Stabilisers, Thickening and Gelling Agents in Food) Regulations 1980 (S.I. No. 35 of 1980)

Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1979 (S.I. No. 338 of 1979)

Health Services (No. 2) Regulations 1979 (S.I. No. 134 of 1979)

Health Services (Limited Eligibility) Regulations 1979 (S.I. No. 110 of 1979)

Health Services Regulations 1979 (S.I. No. 109 of 1979)

Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1979 (S.I. No. 79 of 1979)

Health Services Regulations 1978 (S.I. No. 371 of 1979)

Health (Hospital Bodies) Regulations, 1972, (Amendment) Regulations 1978 (S.I. No. 338 of 1978)

Health (Colouring Agents in Food) (Amendment) Regulations 1978 (S.I. No. 140 of 1978)

Health (Erucic Acid in Food) Regulations 1978 (S.I. No. 123 of 1978)

Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1978 (S.I. No. 54 of 1978)

Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1977 (S.I. No. 314 of 1977)

Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1977 (S.I. No. 79 of 1977)

Health (Local Committees) Regulations 1977 (S.I. No. 68 of 1977)

Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1976 (S.I. No. 260 of 1976)

Health (Charges For In-Patient Services) Regulations 1976 (S.I. No. 180 of 1976)

Health Services (Amendment) Regulations 1976 (S.I. No. 142 of 1976)

Health Services (Limited Eligibility) Regulations 1976 (S.I. No. 141 of 1976)

Health Services Regulations 1976 (S.I. No. 97 of 1976)

Hospitals Commission (Dissolution) Order 1976 (S.I. No. 79 of 1976)

Health Act, 1970, (Commencement) Order 1976 (S.I. No. 78 of 1976)

Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1976 (S.I. No. 67 of 1976)

Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1975 (S.I. No. 221 of 1975)

Health Services Regulations, 1972 (Amendment) Regulations 1975 (S.I. No. 181 of 1975)

Health Services (Amendment) Regulations 1975 (S.I. No. 64 of 1975)

Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1975 (S.I. No. 39 of 1975)

Health Act, 1970 (Adaptation) Regulations 1975 (S.I. No. 29 of 1975)

Meath County Infirmary (Abolition) Order 1974 (S.I. No. 284 of 1974)

Royal Hospital For Incurables, Dublin (Charter Amendment) Order 1974 (S.I. No. 244 of 1974)

Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1974 (S.I. No. 185 of 1974)

Health Services Regulations 1974 (S.I. No. 90 of 1974)

Health Act, 1970 (Adaptation) Regulations 1973 (S.I. No. 349 of 1973)

Disabled Persons (Rehabilitation) Regulations 1973 (S.I. No. 186 of 1973)

Health Services Regulations 1973 (S.I. No. 184 of 1973)

Health (Removal of Officers and Servants) (Amendment) Regulations 1973 (S.I. No. 180 of 1973)

Disabled Persons (Maintenance Allowances) Regulations 1973 (S.I. No. 160 of 1973)

Health Act, 1970 (Commencement) Order 1973 (S.I. No. 159 of 1973)

Health (Colouring Agents in Food) Regulations 1973 (S.I. No. 149 of 1973)

Health (Antioxidant in Food) Regulations 1973 (S.I. No. 148 of 1973)

Health (Preservatives in Food) Regulations 1973 (S.I. No. 147 of 1973)

Health (Solvents in Food) Regulations, 1972 (S.I. No. 304 of 1972)

Health (Antioxidant in Food) (Amendment) Regulations 1972 (S.I. No. 303 of 1972)

Health (Preservatives in Food) (Amendment) Regulations 1972 (S.I. No. 302 of 1972)

Health (Colouring Matter in Food) (Amendment) Regulations 1972 (S.I. No. 301 of 1972)

Maternity Cash Grants Regulations 1972 (S.I. No. 241 of 1972)

Health Act, 1970 (Commencement) (No. 2) Order 1972 (S.I. No. 240 of 1972)

Social Welfare (Removal of Officers) Regulations 1972 (S.I. No. 200 of 1972)

General Medical Services (Payments) Board (Establishment) Order 1972 (S.I. No. 184 of 1972)

Social Welfare (Transfer of Departmental Administration and Ministerial Functions) Order 1972 (S.I. No. 183 of 1972)

Health (Removal of Officers and Servants) (Amendment) Regulations 1972 (S.I. No. 165 of 1972)

Health (Hospital Bodies) Regulations 1972 (S.I. No. 164 of 1972)

Rotunda Hospital (Amendment of Charter) Order 1972 (S.I. No. 137 of 1972)

Health Services Regulations 1972 (S.I. No. 88 of 1972)

Health Act, 1970 (Commencement) Order 1972 (S.I. No. 87 of 1972)

Health Act, 1970 (Adaptation) Regulations 1972 (S.I. No. 65 of 1972)

Health Board (Election of Members) Regulations 1972 (S.I. No. 60 of 1972)

Health (Mineral Hydrocarbons in Food) Regulations 1972 (S.I. No. 45 of 1972)

Health (Arsenic and Lead in Food) Regulations 1972 (S.I. No. 44 of 1972)

Health (Preservatives in Food) Regulations 1972 (S.I. No. 43 of 1972)

Health (Antioxidant in Food) Regulations 1972 (S.I. No. 42 of 1972)

Health (Colouring Matter in Food) Regulations 1972 (S.I. No. 41 of 1972)

Health (Local Committees) Regulations 1972 (S.I. No. 31 of 1972)

Food Hygiene (Amendment) Regulations 1971 (S.I. No. 322 of 1971)

Health (Disqualification of Officers and Servants) Order 1971 (S.I. No. 289 of 1971)

Health Services (Amendment) Regulations 1971 (S.I. No. 277 of 1971)

Health Services (Limited Eligibility) Regulations 1971 (S.I. No. 276 of 1971)

Health Act, 1970 (Commencement) (No. 2) Order 1971 (S.I. No. 271 of 1971)

Joint Health Boards (Dissolution) Order 1971 (S.I. No. 118 of 1971)

Health Authorities (Dissolution) Order 1971 (S.I. No. 117 of 1971)

Health (Removal of Officers and Servants) Regulations 1971 (S.I. No. 110 of 1971)

Health (Officers Age Limit) Order 1971 (S.I. No. 109 of 1971)

Mental Treatment Acts (Adaptation) Order 1971 (S.I. No. 108 of 1971)

Health Boards (Functions of Chief Executive Officers) Order 1971 (S.I. No. 107 of 1971)

Health Act, 1970 (Adaptation) Regulations 1971 (S.I. No. 106 of 1971)

Health Services Regulations 1971 (S.I. No. 105 of 1971)

Health Act, 1970 (Commencement) Order 1971 (S.I. No. 90 of 1971)

Health Boards Regulations 1970 (S.I. No. 170 of 1970)

Health (Possession of Controlled Substances) Regulations 1970 (S.I. No. 99 of 1970)

Health Act, 1970 (Commencement) Order 1970 (S.I. No. 47 of 1970)

All statutory instruments up to and including Health Services (Prescription Charges) (Over 70s) Regulations 2020 (S.I. No. 465 of 2020), made 27 October 2020, were considered in the preparation of this revision.


Number 1 of 1970


HEALTH ACT 1970

REVISED

Updated to 1 November 2020


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, collective citation, construction and commencement.

2.

Interpretation.

3.

Repeals.

PART II

Administration

Chapter I

Health Boards

4.

Establishment of health boards. (Repealed)

5.

General provisions regarding health boards.

6.

Functions of health boards. (Repealed)

7.

Local committees. (Repealed)

8.

Committees of health boards. (Repealed)

9.

Expenses of members of boards and committees. (Repealed)

10.

Allowances to chairmen and vice-chairmen of health boards. (Repealed)

11.

Joint action by health boards. (Repealed)

12.

Removal of board from office. (Repealed)

Chapter II

Officers and Servants, etc.

13.

Chief executive officers of health boards. (Repealed)

14.

Other officers and servants of health boards. (Repealed)

15.

Application of Local Authorities (Officers and Employees) Acts, 1926 and 1940. (Repealed)

16.

Delegation by chief executive officer. (Repealed)

17.

Performance of duties of officers. (Repealed)

18.

Qualifications for offices under health boards. (Repealed)

19.

Age limits. (Repealed)

20.

Superannuation. (Repealed)

21.

Suspension and removal of chief executive officer. (Repealed)

22.

Suspension of other officers of health boards. (Repealed)

23.

Removal of officers and servants.

24.

Committees for certain removals. (Repealed)

25.

Arrangements between health boards and local authorities. (Repealed)

26.

Arrangements by health boards for provision of services. (Repealed)

Chapter III

Finance

27.

Accounts of health boards. (Repealed)

28.

Audits of health board accounts. (Repealed)

29.

Abstract of health board accounts. (Repealed)

30.

Health board estimates. (Repealed)

31.

Limitations on expenditure by health board. (Repealed)

32.

Grants and local contributions to health boards. (Repealed)

33.

Borrowing and acceptance of gifts by health boards. (Repealed)

Chapter IV

Dissolution of Certain Bodies, etc.

34.

Dissolutions of certain health authorities and consequential provisions. (Repealed)

35.

Dissolutions of joint boards under section 45 of Health Act, 1953. (Repealed)

36.

Transfers of certain property. (Repealed)

37.

Transfer of certain officers and continuance of certain contracts of service. (Repealed)

PART III

Hospitals, etc.

38.

Provision and maintenance of hospitals, etc.

39.

Religious services.

40.

Acquisition of land for voluntary bodies.

41.

Bodies for co-ordination and development of hospital services. (Repealed)

42.

Dissolution of Hospitals Commission. (Repealed)

43.

Amendment of Public Hospitals Act, 1933.

44.

Administration of Central Mental Hospital.

PART IV

Health Services

Chapter I

Eligibility

45.

Full eligibility.

45A.

Full eligibility.

46.

Limited eligibility.

47.

Appeals.

47A.

Guidelines on ‘ordinarily resident in the State’.

48.

Declaration regarding means.

48A.

Review of eligibility in certain circumstances.

49.

Change of circumstances.

50.

Charge where person not entitled obtains service.

Chapter II

Hospital In-Patient and Out-Patient Services

51.

In-patient services.

52.

Provision of in-patient services.

53.

Charges for in-patient services. (Repealed)

53A.

Charges for in-patient services in certain cases.

53B.

Charges for long-term residential care services.

53C.

Charges for acute in-patient services.

54.

In-patient services at choice of patient, etc.

55.

In-patient services for persons not entitled, or who have waived entitlement, to services under section 52.

56.

Out-patient services.

57.

Provision of ambulances, etc.

Chapter III

General Medical Services

58.

General practitioner medical and surgical service.

58A.

General practitioner medical and surgical service for certain persons over 70 years of age.

58B.

General practitioner medical and surgical service for persons under 6 years of age.

58C.

Agreement for provision of service under section 58B.

58D.

General practitioner medical and surgical service for persons in receipt of carer’s allowance or carer’s benefit.

59.

Drugs, medicines and appliances.

59A.

Prescription charges for persons who have attained age of 70 years and their dependants.

60.

Home nursing.

61.

Home help service.

61A.

Information to be provided to Health Service Executive by home care providers.

Chapter IV

Services for Mothers and Children

62.

Medical and midwifery care for mothers.

62A.

Services for women in accordance with Act of 2018.

63.

Medical care for infants.

64.

Maternity grants.

65.

Milk for mothers and children.

66.

Child health service.

Chapter V

Other Services

67.

Dental, ophthalmic and aural services.

67A.

Interpretation - sections 67A to 67D.

67B.

Residential support services.

67C.

Residential support services maintenance and accommodation contributions.

67D.

Waiver of residential support services maintenance and accommodation contributions.

68.

Rehabilitation services.

69.

Maintenance allowances for disabled persons. (Repealed)

70.

Screening tests.

71.

Information and advice on health.

Chapter VI

Miscellaneous Provisions Regarding Services

72.

Regulations.

73.

Determination of doubt as to responsible Health Board. (Repealed)

74.

Recovery of charges and contributions.

74A.

Recovery of charges and contributions — further provision.

75.

False statements, etc.

PART IVA

Arrangements in relation to health services

75A.

Arrangements in relation to health services.

75B.

Regulations to give full effect to this Part.

75C.

Authorised officers.

75D.

Orders and regulations.

PART V

Miscellaneous Provisions

76.

Amendment of hospital charters, etc.

77.

Removal of bodies.

78.

Control of possession of certain substances. (Repealed)

79.

Extension of Rats and Mice (Destruction) Act, 1919.

80.

Restriction of Health Services (Financial Provisions) Act, 1947. (Repealed)

81.

Amendment of section 3 of Mental Treatment Act, 1945.

82.

Adaptation of Mental Treatment Acts, 1945 to 1966.

83.

Local inquiries, etc. (Repealed)

84.

Public assistance.

85.

Regulations regarding adaptations.

86.

Amendment of City and County Management (Amendment) Act, 1955.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Rules in relation to Membership and Meetings of Health Boards (Repealed)

THIRD SCHEDULE

Provisions consequential on Dissolutions

FOURTH SCHEDULE

Charges Payable in Respect of In-Patient Services Provided Under Section 55.

FIFTH SCHEDULE

Each of the Hospitals Specified Hereunder is Specified as a Hospital for the Purposes of this Schedule.

SIXTH SCHEDULE

Each of the Hospitals Specified Hereunder is Specified as a Hospital for the Purposes of this Schedule.

Acts Referred to

Health Act, 1947

1947, No. 28.

Children (Amendment) Act, 1957

1957, No. 28.

Rats and Mice (Destruction) Act, 1919

1919, c. 72.

Blind Persons Act, 1920

1920, c. 49.

State Lands (Workhouses) Act, 1930

1930, No. 9.

State Lands (Workhouses) Act, 1962

1962, No. 8.

Registration of Maternity Homes Act, 1934

1934, No. 14.

Midwives Act, 1944

1944, No. 10.

Nurses Act, 1950

1950, No. 27.

Poisons Act, 1961

1961, No. 12.

Health Services (Financial Provisions) Act, 1947

1947, No. 47.

Vital Statistics and Births, Deaths and Marriages Registration Act, 1952

1952, No. 8.

Local Government Act, 1955

1955, No. 9.

Local Government (Superannuation) Act, 1956

1956, No. 10.

Local Government Act, 1941

1941, No. 23.

Local Authorities (Officers and Employees) Act, 1926

1926, No. 39.

Medical Practitioners Act, 1927

1927, No. 25.

Public Hospitals Act, 1933

1933, No. 18.

Central Criminal Lunatic Asylum (Ireland) Act, 1845

1845, c. 107.

Social Welfare Act, 1952

1952, No. 11.

Illegitimate Children (Affiliation Orders) Act, 1930

1930, No. 17.

Local Government (Ireland) Act, 1871

1871, c. 109.

Local Government (Ireland) Act, 1898

1898, c. 37.

Local Government (Ireland) Act, 1902

1902, c. 38.

Health Act, 1953

1953, No. 26.

Dangerous Drugs Act, 1934

1934, No. 1.

Rats and Mice (Destruction) Act, 1919

1919, c. 72.

Mental Treatment Act, 1945

1945, No. 19.

Local Government Act, 1946

1946, No. 24.

Public Assistance Act, 1939

1939, No. 27.

City and County Management (Amendment) Act, 1955

1955, No. 12.


Number 1 of 1970


HEALTH ACT 1970

REVISED

Updated to 27 October 2020


AN ACT TO AMEND AND EXTEND THE HEALTH ACTS, 1947 TO 1966, AND CERTAIN OTHER ENACTMENTS, TO PROVIDE FOR THE ESTABLISHMENT OF BODIES FOR THE ADMINISTRATION OF THE HEALTH SERVICES, AND FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [24 th February, 1970.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

References to “health board” construed as references to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.

Definitions (Part 10).

56.—In this Part “specified body” means—

(a) the health boards,

...

References to specified bodies.

66.—Subject to this Act, references (however expressed) to a specified body in any Act passed before the establishment day, or in any instrument made before that day under an Act, are to be read as references to the Executive, unless the context otherwise requires.

C2

Functions transferred (1.01.2005, establishment day) by Health Act 2004 (42/2004), s. 59, S.I. No. 885 of 2004, subject to transitional provisions in s. 74 and sch. 5.

Transfer of functions of specified bodies to Executive.

59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in Schedule 3, or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

(c) the area chief executive of an Area Health Board.

(4) This section does not apply in relation to the functions of the Hospital Bodies Administrative Bureau.

...

SCHEDULE

Transfer of Functions and References to Functional Areas

Section 59 and 67.

1. Health Acts 1947 to 2001

...

Editorial Notes:

E1

Previous affecting provision: health board established under Act deemed to be and have been a fit person for purposes of Children Act 1908 (8 Edw. 7 ch. 67), s. 38 (9.11.1989) by Children Act 1989 (18/1989), s. 1, commenced on enactment; 1908 Act repealed (1.05.2002) by Children Act 2001 (24/2001), s. 5 and sch. 2, S.I. No. 151 of 2002.