Health (Nursing Homes) Act 1990

F21[Appeals against decisions of Executive, etc.

7E

7E.(1) Subject to subsection (2), a person ("relevant person") may appeal against a decision of the Executive under section 7A(3), 7C(1) or (4) or 7D(2) by giving notice in writing to the Executive not later than 60 days after notice of the decision was given to the relevant person under section 7A(4), 7C(3) or (5) or 7D(3), as the case may be.

(2) An appeal under subsection (1) shall

(a) be in a form approved by the Executive, and

(b) state the reasons for the appeal.

(3) Where the Executive receives an appeal under subsection (1), it shall appoint a person (who may be an employee of the Executive) to consider the appeal.

(4) The person appointed pursuant to subsection (2) to consider an appeal under subsection (1) shall

(a) comply with guidelines issued by the Executive in respect of the procedure to be followed with respect to the consideration of any appeal,

(b) consider any written or oral objections made by the appellant in support of the appeal,

(c) make a decision ("relevant decision") in writing determining the appeal as soon as is practicable in all the circumstances of the case, and

(d) send a copy of the relevant decision to the relevant person and the Executive together with the person’s reasons for the decision.

(5) An appeal shall lie to the High Court by the relevant person in respect of the relevant decision and the Executive may cross-appeal the appeal.

(6) An appeal under subsection (5) shall be heard otherwise than in public at the request of the relevant person.

(7) A decision of the High Court on an appeal under subsection (5) shall be final except that, by leave of the Court, an appeal from the decision shall lie to the Supreme Court on a specified question of law.]

Annotations

Amendments:

F21

Inserted (8.06.2007) by Health (Nursing Homes) (Amendment) Act 2007 (1/2007), s. 3, S.I. No. 409 of 2007.