Health Act 1970

Provision of in-patient services.

52

52. (1) A health board shall make available in-patient services for persons with full eligibility and persons with limited eligibility.

F79 [ (1A) The Health Service Executive may make available long-term residential care services F80 [ ] . ]

(2) F80 [ ]

F81 [ (3) F82 [ Where, ] in respect of in-patient services, a person with full eligibility or limited eligibility for such services F82 [ does not avail of or waives his or her right to avail of, some part of those services ] but instead avails of like services not provided under section 52 (1), then the person shall, while being maintained for the said in-patient services, be deemed not to have full eligibility or limited eligibility, as the case may be, for those in-patient services. ]

Annotations

Amendments:

F79

Inserted (27.10.2009) by Nursing Homes Support Scheme Act 2009 (15/2009), s. 34(1), S.I. No. 423 of 2009.

F80

Deleted (1.01.2017) by Health (Amendment) Act 2013 (31/2013), s. 9(a), (b), S.I. No. 466 of 2016.

F81

Inserted (1.06.1991) by Health (Amendment) Act 1991 (15/1991), s. 5, S.I. No. 134 of 1991.

F82

Substituted (1.01.2017) by Health (Amendment) Act 2013 (31/2013), s. 9(c), S.I. No. 466 of 2016.

Modifications (not altering text):

C18

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 1 of 1970

Health Act 1970

Sections 44, 45, 52, 53, 56 and 59

...

...

...

C19

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.

Editorial Notes:

E158

Power pursuant to section exercised (5.07.1973) by Health Services Regulations 1973 (S.I. No. 184 of 1973), in effect as per reg. 2.

E159

Power pursuant to section exercised (1.10.1971) by Health Services (Amendment) Regulations 1971 (S.I. No. 277 of 1971), in effect as per reg. 3.