Health Act 1970

Appeals.

47

47. (1) When, in the administration of F62 [ sections 45 F63 [ , 45A ] , 46 or 58 ], an officer of a health board decides that a person does not come within a category specified by or under the relevant section, an appeal shall lie from the decision to a person (being either another officer of the health board or a person not such an officer) appointed or designated by the Minister.

(2) The Minister may by regulations provide for the making and determination of appeals under this section.

Annotations

Amendments:

F62

Substituted (11.03.2005) by Health (Amendment) Act 2005 (3/2005), s. 2, commenced on enactment.

F63

Inserted (1.01.2009) by Health Act 2008 (21/2008), s. 5, commenced as per s. 1(2).

F64

Substituted by Health (General Practitioner Service) Act 2014 (28/2014), s. 2, not commenced as of date of revision.

F65

Substituted (1.09.2018) by Health (General Practitioner Service) Act 2018 (13/2018), s. 2, S.I. No. 320 of 2018.

F66

Substituted by Health Service Executive (Governance) Act 2019 (17/2019), s. 33(1), commenced as per subs. (2) on commencement of 28/2014, s. 2, and not commenced as of date of revision.

F67

Substituted by Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013), s. 4, not commenced as of date of revision.

Modifications (not altering text):

C11

Prospective affecting provision: section substituted by Health (General Practitioner Service) Act 2014 (28/2014), s. 2, not commenced as of date of revision.

F64 [ Appeals

47. (1) When, in the administration of section 45, 45A, 46, 58, F65 [ 58A, 58B or 58D ] , an employee of the Health Service Executive decides that a person does not come within a category specified by or under the relevant section, an appeal shall lie from the decision to a person appointed or designated for that purpose by the F66 [ chief executive officer of the Health Service Executive ] .

(2) A person appointed or designated under subsection (1)

(a) may be an employee of the Health Service Executive, and

(b) where he or she is such an employee, shall hold a grade that is senior to the grade of the person who made the decision referred to in that subsection.

(3) The Minister may by regulations provide for the making and determination of appeals under this section. ]

C12

Prospective affecting provision: section substituted by Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013), s. 4, not commenced as of date of revision. Note that this section is prospectively repealed by Health (General Practitioner Service) Act 2014 (28/2014), s. 9, not commenced as of date of revision.

F67 [ Appeals.

47. (1) When, in the administration of section 45, 45A, 46, 58 or 58A, an employee of the Health Service Executive decides that a person does not come within a category specified by or under the relevant section, an appeal shall lie from the decision to a person (who may be an employee of the Health Service Executive) appointed or designated for that purpose by the Minister.

(2) The Minister may by regulations provide for the making and determination of appeals under this section. ]

C13

Reference to “health board” in subs. (1) construed as reference 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.