Health Act 1970

Out-patient services.

56

56. (1) For the purposes of this section “ out-patient services” means institutional services other than in-patient services provided at, or by persons attached to, a hospital or home and institutional services provided at a laboratory, clinic, health centre or similar premises, but does not include—

( a) the giving of any drug, medicine or other preparation, except where it is administered to the patient direct by a person providing the service or is for psychiatric treatment, or

( b) dental, ophthalmic or aural services.

F96 [ (2) A health board shall, subject to any regulations relating to the services under this section made by virtue of subsection (5) , make out-patient services available for persons with full eligibility and persons with limited eligibility.

(3) A health board shall make out-patient services available without charge for children in respect of diseases and disabilities of a permanent or long term nature prescribed by the Minister with the consent of the Minister for Finance.

(4) A health board shall make out-patient services available without charge for children in respect of defects noticed at a health examination held pursuant to the service provided under section 66.

(5) ( a ) Regulations in relation to the services under this section may

(i) provide for the imposition of charges for out-patient services including the giving of any drug, medicine or other preparation in specified circumstances for persons who are not persons with full eligibility and are not children specified in subsection (3) or (4) , and

(ii) specify the amounts or the maximum amounts of such charges and, if the Minister thinks fit, different amounts in respect of different services or in respect of services made available in different circumstances or to different classes of persons (the circumstances and classes being designated in such manner and by reference to such matters as the Minister may determine).

( b ) Regulations relating to the matters specified in paragraph (a) may contain such ancillary or subsidiary provisions as the Minister considers necessary or expedient, including provisions for the collection and disposal of charges imposed by the regulations.

( c ) Regulations relating to the matters specified in paragraph (a) shall not be made without the consent of the Minister for Finance. ]

F97 [ ( d ) Regulations under this section may also specify the circumstances in which a person's entitlement to out-patient services shall extend to services provided by a registered medical practitioner engaged in a consultant capacity in the provision of hospital services and may provide that, where a person's entitlement does not so extend, the health board concerned may charge for the provision of out-patient services such charges as may be approved of or directed by the Minister. ]

Annotations

Amendments:

F96

Substituted (11.04.1987) by Health (Amendment) Act 1987 (3/1987), s. 1, commenced on enactment.

F97

Inserted (1.06.1991) by Health (Amendment) Act 1991 (15/1991), s. 7, S.I. No. 134 of 1991.

Modifications (not altering text):

C20

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

...

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

...

...

...

C21

Term “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.

...

C22

Reference to “health board” in subs. (5)(d) 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.

Editorial Notes:

E196

Power pursuant to section exercised (23.12.2019) by Health (Out-Patient Charges) Regulations 2019 (S.I. No. 693 of 2019), in effect as per reg. 1(2).

E197

Power pursuant to section exercised (1.07.1993) by Health Services (Out-Patient) Regulations 1993 (S.I. No. 178 of 1993).

E198

Power pursuant to subs. (3) exercised (14.04.1987) by Health Services (Amendment) Regulations 1987 (S.I. No. 114 of 1987).

E199

Power pursuant to section exercised (5.07.1973) by Health Services Regulations 1973 (S.I. No. 184 of 1973).

E200

Power pursuant to section exercised (1.10.1971) by Health Services (Amendment) Regulations 1971 (S.I. No. 277 of 1971).

E201

Previous affecting provision: power pursuant to section exercised (30.11.2017) by Health (Out-Patient Charges) Regulations 2017 (S.I. No. 548 of 2017), in effect as per reg. 1(2); revoked (23.12.2019) by Health (Out-Patient Charges) Regulations 2019 (S.I. No. 693 of 2019), reg. 6, in effect as per reg. 1(2).

E202

Previous affecting provision: power pursuant to section exercised (1.03.2013) by Health (Out-Patient Charges) Regulations 2013 (S.I. No. 45 of 2013), in effect as per reg. 1(2); revoked (30.11.2017) by Health (Out-Patient Charges) Regulations 2017 (S.I. No. 548 of 2017), reg. 4, in effect as per reg. 1(2).

E203

Previous affecting provision: power pursuant to section exercised (1.01.2009) by Health (Out-Patient Charges) (Amendment) Regulations 2008 (S.I. No. 544 of 2008), in effect as per reg. 2; rendered obsolete by revocation of Health (Out-Patient Charges) Regulations 1994 (S.I. No. 37 of 1994) (1.03.2013) by Health (Out-Patient Charges) Regulations 2013 (S.I. No. 45 of 2013), reg. 4.

E204

Previous affecting provision: power pursuant to section exercised (1.01.2008) by Health (Out-Patient Charges) (Amendment) Regulations 2007 (S.I. No. 825 of 2007), in effect as per reg. 2; superseded (1.01.2009) by Health (Out-Patient Charges) (Amendment) Regulations 2008 (S.I. No. 544 of 2008), reg. 3, in effect as per reg. 2.

E205

Previous affecting provision: power pursuant to section exercised (1.01.2006) by Health (Out-Patient Charges) (Amendment) Regulations 2005 (S.I. No. 761 of 2005), in effect as per reg. 2; superseded (1.01.2008) by Health (Out-Patient Charges) (Amendment) Regulations 2007 (S.I. No. 825 of 2007), reg. 3, in effect as per reg. 2.

E206

Previous affecting provision: power pursuant to section exercised (1.01.2005) by Health (Out-Patient Charges) (Amendment) Regulations 2004 (S.I. No. 826 of 2004), in effect as per reg. 2; superseded (1.01.2006) by Health (Out-Patient Charges) (Amendment) Regulations 2005 (S.I. No. 761 of 2005), reg. 3, in effect as per reg. 2.

E207

Previous affecting provision: power pursuant to section exercised (1.01.2004) by Health (Out-Patient Charges) (Amendment) Regulations 2003 (S.I. No. 653 of 2003), in effect as per reg. 2; superseded (1.01.2005) by Health (Out-Patient Charges) (Amendment) Regulations 2004 (S.I. No. 826 of 2004), reg. 3, in effect as per reg. 2.

E208

Previous affecting provision: power pursuant to section exercised (25.07.2003) by Health (Out-Patient Charges) (Amendment) Regulations 2003 (S.I. No. 349 of 2003); rendered obsolete by revocation of Health (Out-Patient Charges) Regulations 1994 (S.I. No. 37 of 1994) (1.03.2013) by Health (Out-Patient Charges) Regulations 2013 (S.I. No. 45 of 2013), reg. 4.

E209

Previous affecting provision: power pursuant to section exercised (1.08.2002) by Health (Out-Patient Charges) (Amendment) Regulations 2002 (S.I. No. 366 of 2002), in effect as per reg. 2; superseded (1.01.2004) by Health (Out-Patient Charges) (Amendment) Regulations 2003 (S.I. No. 653 of 2003), reg. 3, in effect as per reg. 2.

E210

Previous affecting provision: power pursuant to section exercised (1.01.2002) by Health (Out-Patient Charges) (Amendment) Regulations 2001 (S.I. No. 583 of 2001), in effect as per reg. 2; superseded (1.08.2002) by Health (Out-Patient Charges) (Amendment) Regulations 2002 (S.I. No. 366 of 2002), reg. 3, in effect as per reg. 2.

E211

Previous affecting provision: power pursuant to section exercised (1.01.2000) by Health (Out-Patient Charges) (Amendment) Regulations 1999 (S.I. No. 402 of 1999), in effect as per reg. 2; superseded (1.01.2002) by Health (Out-Patient Charges) (Amendment) Regulations 2001 (S.I. No. 583 of 2001), reg. 3, in effect as per reg. 2.

E212

Previous affecting provision: power pursuant to section exercised (1.01.1998) by Health (Out-Patient Charges) (Amendment) Regulations 1997 (S.I. No. 509 of 1997), in effect as per reg. 2; superseded (1.01.2000) by Health (Out-Patient Charges) (Amendment) Regulations 1999 (S.I. No. 402 of 1999), reg. 3, in effect as per reg. 2.

E213

Previous affecting provision: power pursuant to subs. (5) exercised (1.03.1994) by Health (Out-Patient Charges) Regulations 1994 (S.I. No. 37 of 1994); revoked (1.03.2013) by Health (Out-Patient Charges) Regulations 2013 (S.I. No. 45 of 2013), reg. 4.

E214

Previous affecting provision: power pursuant to subs. (5) exercised (1.03.1993) by Health (Out-Patient Charges) (Amendment) Regulations 1993 (S.I. No. 51 of 1993), in effect as per reg. 3; superseded (1.03.1994) by Health (Out-Patient Charges) Regulations 1994 (S.I. No. 37 of 1994), reg. 5.

E215

Previous affecting provision: power pursuant to section exercised (1.06.1991) by Health Services (Out-Patient) Regulations 1991 (S.I. No. 136 of 1991); revoked (1.07.1993) by Health Services (Out-Patient) Regulations 1993 (S.I. No. 178 of 1993), reg. 5.

E216

Previous affecting provision: power pursuant to subs. (5) exercised (18.05.1987) by Health (Out-Patient Charges) Regulations 1987 (S.I. No. 115 of 1987); revoked (1.03.1994) by Health (Out-Patient Charges) Regulations 1994 (S.I. No. 37 of 1994), reg. 5.