1.— (1) This Act may be cited as the Health Act 2004.

(2) The Health Acts 1947 to 2001 and this Act may be cited together as the Health Acts 1947 to 2004 and shall be construed together as one.

2.— (1) In this Act, unless the context otherwise requires—

“Act of 1996” means the Health (Amendment) (No. 3) Act 1996;

“Act of 1999” means the Health (Eastern Regional Health Authority) Act 1999;

“annual report” means a report prepared under section 37;

F2[…]

F2[…]

“Area Health Board” has the same meaning as in the Act of 1999;

F3[“Board” has the meaning assigned to it by section 16N;]

“carer” means a person who provides care for another person, but who is not employed to do so by any body in the performance of its functions under an enactment;

“chairperson” means the chairperson of the Board;

F3[“chief executive officer” has the meaning assigned to it by section 21A;]

“clinical judgment” means a decision made or opinion formed in connection with the diagnosis, care or treatment of a patient;

F4[“Committee of Public Accounts” means the Committee of Dáil Éireann established under the rules and standing orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General;]

F1[“Directorate” means the Directorate established under section 16A;]

F1[“Director General” means the person holding the office of Director General appointed pursuant to section 16E;]

F5[“disability” means disability as defined in section 2 of the Disability Act 2005 and the term "substantial restriction" in that definition shall be construed as meaning a restriction as described in section 7(2) of that Act;]

“Eastern Regional Health Authority” means the body of that name established by section 7 of the Act of 1999;

“enactment” means a statute or an instrument made under a power conferred by a statute;

“establishment day” means the day appointed by the Minister under section 4 to be the establishment day for the purposes of this Act;

“Executive” means the Health Service Executive established under section 6;

“functions” includes powers and duties and references to the performance of functions include, with respect to powers and duties, references to the exercise of the powers and the carrying out of duties;

“health board” means a health board established under section 4(1) of the Health Act 1970;

“health and personal social services” means services that immediately before the establishment day were provided under the Acts referred to in Schedule 1 by a specified body as defined in section 56 of this Act, and references in this Act to a health or personal social service are to be read as references to any of those services;

“Interim Health Service Executive” means the body of that name established under the Health (Corporate Bodies) Act 1961;

“local authority” has the same meaning as in the Local Government Act 2001;

F3[“member”, in relation to the Board, includes the chairperson and the deputy chairperson;]

“Minister” means Minister for Health and Children;

F3[“ordinary member” means a member of the Board other than the chairperson or the deputy chairperson;]

“prescribed” means prescribed by regulation made by the Minister;

“public authority” means any of the following:

(a) a Minister of the Government;

(b) the Commissioners of Public Works in Ireland;

(c) a local authority;

(d) a harbour authority within the meaning of the Harbours Act 1946;

(e) a board or other body (but not a company) established by or under statute;

(f) a company in which all the shares are held by or on behalf of, or by directors appointed by, a Minister of the Government;

(g) a company in which all the shares are held by a board, company or other body referred to in paragraph (e) or (f);

(h) such other body, if any, as is prescribed for the purpose of any provision of this Act;

“service provider” means a person who enters into an arrangement under section 38 to provide a health or personal social service on behalf of the Executive;

F5[“specialist community-based disability services” means any health or personal social services, provided by or on behalf of the Executive under this Act or any other enactment, in the community to a person who has a disability, and so provided in relation to that disability, other than any such services provided—

(a) under the Mental Health Acts 1945 to 2001, or

(b) in a hospital;

“specialist community-based disability services functions” means the management and delivery, or arrangement of delivery on its behalf, by the Executive, of specialist community-based disability services;]

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death.

(2) In this Act—

(a) a reference to a section, Part or Schedule is a reference to a section or Part of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other enactment is intended, and

(c) a reference to an enactment includes a reference to that enactment as amended, adapted or extended at any time by any enactment.

3.— (1) This Act comes into operation on such day or days as the Minister may, by order, appoint.

(2) Different days may be appointed under this section for different purposes or different provisions of this Act and for the repeal or revocation of different enactments by section 73 and Schedule 4.

4.— The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

5.— The expenses incurred by the Minister F7[or the Minister for Children, Equality, Disability, Integration and Youth] in administering this Act are, to such extent as may be sanctioned by the Minister for Finance, payable out of money provided by the Oireachtas.

F8[Expenses of the Executive.

5A.—The expenses incurred by the Executive F9[before 1 January 2015] are, with the approval of the Minister, to such extent as may be sanctioned by the Minister for Finance, payable out of money provided by the Oireachtas.]

6.— (1) On the establishment day a body to be known as Feidhmeannacht na Seirbhíse Sláinte or in the English language as the Health Service Executive is, by this Act, established to perform the functions assigned to it by this Act.

(2) The Executive is a body corporate with perpetual succession and a seal and may—

(a) sue and be sued in its corporate name,

(b) subject to the Health Acts 1947 to 2001, acquire, hold and dispose of land or an interest in land, and

(c) acquire, hold and dispose of any other kind of property.

(3) Paragraph 1 of Schedule 2 applies in relation to the seal of the Executive.

7.— (1) The object of the Executive is to use the resources available to it in the most beneficial, effective and efficient manner to improve, promote and protect the health and welfare of the public.

(2) Subject to this Act, the Executive shall, to the extent practicable, further its object.

(3) Without limiting the Executive's responsibilities under subsection (2) or (4), it has—

(a) the functions transferred to it by section 59 or by an order under section 70, and

(b) such other functions as are assigned to it by this Act or any other enactment.

(4) The Executive shall manage and shall deliver, or arrange to be delivered on its behalf, health and personal social services in accordance with this Act and shall—

(a) integrate the delivery of health and personal social services,

(b) to the extent practicable and necessary to enable the Executive to perform its functions, facilitate the education and training of—

(i) students training to be registered medical practitioners, nurses or other health professionals, and

(ii) its employees and the employees of service providers,

F10[…]

(c) provide advice to the Minister in relation to its functions F11[as the Minister may request, and]

F12[(d) provide advice to the Minister for Children, Equality, Disability, Integration and Youth in relation to its specialist community-based disability services functions as that Minister may request.]

(5) In performing its functions, the Executive shall have regard to—

(a) services provided by voluntary and other bodies that are similar or ancillary to the services the Executive is authorised to provide,

(b) the need to co-operate with, and co-ordinate its activities with those of, other public authorities if the performance of their functions affects or could affect the health of the public,

F13[(c) the policies (whether set out in codes, guidelines or other documents, or any combination thereof) and objectives of the Government or any Minister of the Government to the extent that those policies and objectives may affect or relate to the functions of the Executive,]

(d) the resources, wherever originating, that are available to it for the purpose of performing its functions, F14[…]

(e) the need to secure the most beneficial, effective and efficient use of those resources F15[, and]

F16[(f) any standards set by the Health Information and Quality Authority, in so far as practicable and subject to the resources available to the Executive.]

(6) The Executive may undertake, commission or collaborate in research projects on issues relating to health and personal social services, but, in considering whether to do so, it shall have regard to any decision by another body or person within the State to undertake, commission or collaborate in such projects.

(7) The power given by subsection (6) includes the power to collaborate in research projects involving parties from outside the State.

(8) Subject to this or any other enactment, the Executive has all powers necessary or expedient for it to perform its functions.

8.— (1) If any function of a public authority should, in its opinion, be performed (whether generally or in a particular case) by the Executive and the Executive is able and willing to perform the function, the Executive and that authority may enter into an agreement for the Executive to perform the function on the authority's behalf.

(2) If an agreement is entered into for the Executive to perform a function of a public authority, the Executive may—

(a) perform the function on behalf of the public authority in accordance with the agreement, and

(b) do any act or thing relating to the performance of that function that the public authority would be authorised by law to do if it performed the function.

(3) If any function of the Executive should, in its opinion, be performed (whether generally or in a particular case) by a public authority and that authority is able and willing to perform the function, the authority and the Executive may enter into an agreement for the authority to perform the function on the Executive's behalf.

(4) If an agreement is entered into for a public authority to perform a function of the Executive, the public authority may—

(a) perform the function on the Executive's behalf in accordance with the agreement, and

(b) do any act or thing relating to the performance of that function that the Executive would be authorised by law to do if it performed the function.

(5) An agreement under this section may contain terms and conditions relating to—

(a) the extent to which and the period for which a party to the agreement is authorised to perform the function of the other party to the agreement,

(b) the making of payments or the transfer of financial responsibility, and

(c) such other matters as are considered necessary to give effect to the agreement.

(6) An agreement under this section may provide for charges payable by the party on whose behalf the function is to be performed to the other party to the agreement.

(7) The power of a local authority to enter into an agreement under this section is a reserved function of the local authority.

9.— (1) If a local authority is of the opinion that it would be convenient if duties relating to its functions were carried out by an employee of the Executive, those duties may, without an agreement being entered into under section 8 , be assigned by the Executive to any of its employees in the same way as duties relating to its functions.

(2) If the Executive is of the opinion that it would be convenient if duties relating to its functions were carried out by an employee of a local authority, those duties may, without an agreement being entered into under section 8 , be assigned by the local authority to any of its employees in the same way as duties relating to the functions of the local authority.

(3) Duties assigned in accordance with this section may be carried out by the employees to whom they are so assigned.

10.— F17[(1) The Minister may issue general written directions F18[to the Executive or the Board]—

(a) for any purpose relating to this Act or any other enactment,

(b) concerning any matter or thing referred to in this Act as specified or to be specified, or as determined or to be determined, by the Minister, or

(c) concerning the implementation of any policy or objective of the Minister or the Government which relates to a function of the Executive, where the Minister is of the opinion F18[that the Executive or the Board, as applicable, is not having sufficient regard to such policy or objective in the performance of the Executive’s functions].]

(2) In addition, the Minister may issue specific written directions to the Executive concerning the submission to the Minister, in such manner and within such period as the Minister may specify, of—

(a) reports on any matter relating to Part 7 or relating in any other way to the performance of the Executive's functions, even though such reports are the subject of a direction under F18[subsection (1),]

(b) any information or statistics relating to the performance of the Executive's F18[functions, or]

F19[(c) subject to section 10AA(1) and (3), one or more than one health needs assessment (within the meaning of section 10AA(8)) to be implemented by the Executive in the service plan prepared in accordance with section 31.]

(3) Subsections (1) and (2) are not to be taken to limit a power to issue directions conferred on the Minister by any other provision of this Act.

(4) The Minister may, by written direction, amend or revoke any direction issued by the Minister under this Act.

(5) F20[The Executive or the Board, as applicable,] shall comply with a direction issued by the Minister under this Act.

(6) The Minister shall ensure that, within 21 days after issuing a direction under subsection (1) F20[or issuing a direction under subsection (4) amending or revoking a direction issued under subsection (1)], a copy of the direction is laid before both Houses of the Oireachtas.

F21[(7) F20[The chairperson shall inform the Minister of the measures taken by the Executive or the Board, as applicable,] to comply with a direction issued under this section and such information shall be furnished to the Minister within such period as may be specified by the Minister.]

10A.— (1) Subject to subsections (2) to (4), the Minister may specify—

(a) priorities to which the Executive shall have regard in preparing its service plan under section 31 or amending its service plan under section 32, and

(b) performance targets for the Executive in respect of such priorities.

(2) F23[…]

(3) The Minister shall consult with the Executive before specifying priorities or performance targets under this section and, having so specified such priorities or targets, shall furnish details of these in writing to the Executive.

(4) Before specifying priorities or performance targets under this section the Minister shall have regard to—

(a) best practice as respects the service the subject of the priority or performance target,

(b) outcomes for patients and recipients of services likely to be affected by the priority or performance target which the Minister is considering specifying, and

(c) the effect that specifying the priority or performance target concerned would be likely to have on other services provided by or on behalf of the Executive.

(5) In this section ‘performance targets’ means, as respects priorities specified under subsection (1), levels of performance by the Executive by which the effectiveness of the Executive in meeting such priorities can be measured by the Minister.]

10AA. (1) A direction under section 10(2)(c) F25[or section 10C(2)(c)] shall include specific requirements to be taken into consideration by the Executive when conducting a health needs assessment.

(2) Without prejudice to the generality of subsection (1), the specific requirements referred to in that subsection may include the effects of such of the following matters on the accessibility and effectiveness of healthcare strategies implemented by the Executive as the Minister F25[or the Minister for Children, Equality, Disability, Integration and Youth in so far as it relates to the performance of the Executive’s specialist community-based disability services functions] is satisfied are appropriate:

(a) changes to national or regional distribution of population;

(b) demographic profile of population;

(c) lifestyle factors affecting health;

(d) patterns of morbidity across population;

(e) patterns of mortality across population;

(f) social determinants of health status.

(3) (a) The Minister shall consult with the Minister for Public Expenditure and Reform before issuing a direction under section 10(2)(c).

(b) Paragraph (a) shall not be construed to prevent the Minister from consulting with any other person (including the Executive or another Minister of the Government) before issuing a direction under section 10(2)(c).

F26[(3A) (a) The Minister for Children, Equality, Disability, Integration and Youth shall consult with the Minister for Public Expenditure and Reform before issuing a direction under section 10C(2)(c).

(b) Paragraph (a) shall not be construed to prevent the Minister for Children, Equality, Disability, Integration and Youth from consulting with any other person (including the Executive or another Minister of the Government) before issuing a direction under section 10C(2)(c).]

(4) The Executive shall submit a report of the findings of any health needs assessment to the Minister within the period specified by the Minister in the direction concerned under section 10(2)(c) F26[or the Minister for Children, Equality, Disability, Integration and Youth in the direction concerned under section 10C(2)(c)].

(5) (a) Within one month after receiving a report under subsection (4), the Minister shall—

(i) approve the report, or

(ii) if the Minister is not satisfied with the report, issue a supplementary direction under section 10(2)(c) in relation to revisions to be made to the report which, when complied with by the Executive, should, in the opinion of the Minister, remedy the deficiencies in the report.

(b) Where paragraph (a)(ii) applies, section 10(2)(c) and the other provisions of this section (including paragraph (a)) shall be construed with all necessary modifications to take account of the supplementary direction concerned under section 10(2)(c).

F26[(5A) (a) Within one month after receiving a report under subsection (4), the Minister for Children, Equality, Disability, Integration and Youth shall—

(i) approve the report, or

(ii) if the Minister for Children, Equality, Disability, Integration and Youth is not satisfied with the report, issue a supplementary direction under section 10C(2)(c) in relation to revisions to be made to the report which, when complied with by the Executive, should, in the opinion of the Minister for Children, Equality, Disability, Integration and Youth, remedy the deficiencies in the report.

(b) Where paragraph (a)(ii) applies, section 10C(2)(c) and the other provisions of this section (including paragraph (a)) shall be construed with all necessary modifications to take account of the supplementary direction concerned under section 10C(2)(c).]

(6) The Executive shall ensure that, as soon as practicable after the approval of a report in accordance with subsection (5)(a)(i) F27[or subsection (5A)(a)(i)], the report is published on the Internet or in accordance with such other arrangements as the Minister F27[or the Minister for Children, Equality, Disability, Integration and Youth, as the case may be,] may specify by notice in writing given to the Executive.

(7) The Minister F27[or the Minister for Children, Equality, Disability, Integration and Youth in so far as it relates to the performance of the Executive’s specialist community-based disability services functions] may issue guidelines in relation to the conduct of a health needs assessment and, if F28[either Minister] does so, the Executive shall comply with those guidelines.

(8) For the purposes of this section and section 10, "health needs assessment" means a scientific, statistical or other systematic analysis, the purpose of which is to gather and assess information with a view to bringing about change beneficial to the health of a specified part of, or all of, the population.]

10B.— The Minister shall not give a direction under section 10, or specify a priority or performance target under section 10A, as respects—

(a) any function of the Executive relating to the provision of treatment or a health or personal social service to any particular person,

(b) any function of the Executive relating to a decision concerning—

(i) whether or not a particular person is eligible for a particular health or personal social service (including the payment of a grant or allowance), or

(ii) the extent to which and the manner in which a person is eligible for any such service,

(c) any function of the Executive relating to a decision concerning the making or recovery of a charge for the provision of a health or personal social service by or on behalf of the Executive to a particular person or concerning the amount of such charge,

(d) any function of the Executive that has been specified in an enactment to be a function of the F30[chief executive officer] relating to functions referred to in paragraphs (a) to (c).

10C.— (1) The Minister for Children, Equality, Disability, Integration and Youth may, in relation to the performance by the Executive of its specialist community-based disability services functions, issue general written directions to the Executive or the Board—

(a) for any purpose relating to this Act or any other enactment,

(b) concerning any matter or thing referred to in this Act as specified or to be specified, or as determined or to be determined, by the Minister for Children, Equality, Disability, Integration and Youth, or

(c) concerning the implementation of any policy or objective of the Minister for Children, Equality, Disability, Integration and Youth or the Government which relates to a specialist community-based disability service function of the Executive, where the Minister for Children, Equality, Disability, Integration and Youth is of the opinion that the Executive or the Board, as applicable, is not having sufficient regard to such policy or objective in the performance of its specialist community-based disability services functions.

(2) In addition, the Minister for Children, Equality, Disability, Integration and Youth may issue specific written directions to the Executive concerning the submission to him or her, in such manner and within such period as he or she may specify, of—

(a) reports on any matter relating to Part 7 in so far as those reports relate to specialist community-based disability services or relating in any other way to the performance of the Executive’s specialist community-based disability services functions, even though such reports are the subject of a direction under subsection (1),

(b) any information or statistics relating to the performance of the Executive’s specialist community-based disability services functions, or.

(c) subject to section 10AA(1) and (3), one or more than one health needs assessment (within the meaning of section 10AA(8)), in so far as such an assessment relates to specialist community-based disability services, to be implemented by the Executive in the service plan prepared in accordance with section 31.

(3) Subsections (1) and (2) are not to be taken to limit a power to issue directions conferred on the Minister for Children, Equality, Disability, Integration and Youth by any other provision of this Act.

(4) The Minister for Children, Equality, Disability, Integration and Youth may, by written direction, amend or revoke any direction issued by him or her under this Act.

(5) The Executive or the Board, as applicable, shall comply with a direction issued by the Minister for Children, Equality, Disability, Integration and Youth under this Act.

(6) The Minister for Children, Equality, Disability, Integration and Youth shall ensure that, within 21 days after issuing a direction under subsection (1) or issuing a direction under subsection (4) amending or revoking a direction issued under subsection (1), a copy of the direction is laid before both Houses of the Oireachtas.

(7) The chairperson shall inform the Minister for Children, Equality, Disability, Integration and Youth of the measures taken by the Executive or the Board, as applicable, to comply with a direction issued under this section and such information shall be furnished to the Minister for Children, Equality, Disability, Integration and Youth within such period as may be specified by him or her.]

10D.— (1) Subject to subsections (2) to (4), the Minister for Children, Equality, Disability, Integration and Youth may, in relation to the performance by the Executive of its specialist community-based disability services functions, specify—

(a) priorities to which the Executive shall have regard in preparing its service plan under section 31 or amending its service plan under section 32, and

(b) specialist community-based disability services performance targets for the Executive in respect of such priorities.

(2) The Minister for Children, Equality, Disability, Integration and Youth shall consult with the Executive before specifying priorities or performance targets under this section and, having so specified such priorities or targets, shall furnish details of these in writing to the Executive.

(3) Before specifying priorities or performance targets under this section, the Minister for Children, Equality, Disability, Integration and Youth shall have regard to—

(a) best practice as respects the service the subject of the priority or performance target,

(b) outcomes for patients and recipients of services likely to be affected by the priority or performance target that the Minister for Children, Equality, Disability, Integration and Youth is considering specifying, and

(c) the effect that specifying the priority or performance target concerned would be likely to have on other services provided by or on behalf of the Executive.

(4) In this section, "specialist community-based disability services performance targets" means, as respects priorities specified under subsection (1), levels of performance by the Executive by which the effectiveness of the Executive in meeting such priorities can be measured by the Minister for Children, Equality, Disability, Integration and Youth.]

10E.— The Minister for Children, Equality, Disability, Integration and Youth shall not give a direction under section 10C, or specify a priority or performance target under section 10D, as respects—

(a) any function of the Executive relating to the provision of treatment or a specialist community-based disability service to any particular person,

(b) any function of the Executive relating to a decision concerning—

(i) whether or not a particular person is eligible for a particular specialist community-based disability service (including the payment of a grant or allowance), or

(ii) the extent to which and the manner in which a person is eligible for any such service,

(c) any function of the Executive relating to a decision concerning the making or recovery of a charge for the provision of a specialist community-based disability service by or on behalf of the Executive to a particular person or concerning the amount of such charge, or

(d) any function of the Executive that has been specified in an enactment to be a function of the chief executive officer relating to functions referred to in paragraphs (a) to (c).]

11.— F34[…]

12.— F35[…]

13.— F36[…]

14.— F37[…]

15.— F38[…]

16.— F39[…]

16A.— F42[…]]

16B.— F44[…]]

16C.— F46[…]]

16D.— F48[…]]

16E.— F50[…]]

16F.— F52[…]]

16G.— F54[…]]

16H.— F56[…]]

16I.— F58[…]]

16J.— F60[…]]

16K.— F62[…]]

16L.— F64[…]]

16M.— F66[…]]

16N.— (1) The Executive shall have a Board (in this Act referred to as the "Board") consisting of the following members:

(a) a chairperson;

(b) a deputy chairperson;

(c) 10 ordinary members.

(2) (a) Subject to paragraphs (b), (c) and (d), the chairperson, the deputy chairperson and the ordinary members of the Board F69[shall be appointed by the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] from among persons who, in the opinion of the Minister, have sufficient experience and expertise relating to matters connected with the functions of the Executive to enable them to make a substantial contribution to the effective and efficient performance of those functions.

F69[(b) At least 2 of the persons appointed under paragraph (a) shall be persons who, in the opinion of the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, have experience of, or expertise in, advocacy in relation to matters affecting patients or recipients of services from or on behalf of the Executive.]

(c) At least 2 of the persons appointed under paragraph (a) shall be persons who are practising, or have practised, as a member of a health profession, whether in or outside the State.

(d) At least one of the persons appointed under paragraph (a) shall be a person who, F69[in the opinion of the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] has experience of, or expertise in, financial matters.

(3) F70[The Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, shall], in so far as practicable, endeavour to ensure that among the members of the Board there is an equitable balance between men and women.

(4) The chairperson shall hold office for such period, not exceeding 5 years from the date of appointment, F70[as the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, shall determine].

(5) The deputy chairperson shall hold office for such period, not exceeding 5 years from the date of appointment, F70[as the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, shall determine].

(6) Subject to subsection (7), an ordinary member shall hold office for such period, not exceeding 5 years from the date of appointment, F71[as the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, shall determine].

(7) Of the ordinary members of the Board first constituted under this section—

(a) 5 members shall hold office for a period of 3 years from the date of appointment to the office, and

(b) 5 members shall hold office for a period of 5 years from the date of such appointment.

(8) Subject to subsection (9), a member of the Board whose term of office expires by the efflux of time shall be eligible for reappointment to the Board.

(9) A person who is reappointed to the Board in accordance with subsection (8) shall not hold office for more than 2 consecutive terms and in any event may not serve for a period of more than 10 years.

(10) A member may resign from office by letter F71[sent to the Minister and notified to the Minister for Children, Equality, Disability, Integration and Youth] and the resignation shall take effect on the later of—

(a) the date specified in the letter, or

(b) the date of receipt of the letter by the Minister.

(11) F71[The Minister, after notifying the Minister for Children, Equality, Disability, Integration and Youth, shall], as soon as practicable after an appointment to the Board, publish in Iris Oifigiúil notice of the name of the person so appointed.

(12) For the purpose of this section, ‘health profession’ means any of the following professions:

(a) dentist;

(b) a designated profession within the meaning of section 3 of the Health and Social Care Professionals Act 2005;

(c) medical practitioner;

(d) midwife;

(e) nurse;

(f) pharmacist.]

16O. (1) If a member resigns, dies, ceases to hold office (other than by effluxion of time), ceases to be qualified to hold office or is removed from office, the Minister F73[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] shall as soon as practicable appoint a person to fill the casual vacancy so arising.

(2) A person appointed under subsection (1) shall hold office for the unexpired period of his or her predecessor’s term of office or such other period as the Minister F73[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] may determine not exceeding 5 years including such unexpired period.

(3) A member appointed under subsection (1) is eligible for reappointment to the Board, on the expiry of the unexpired period or other period, as appropriate, referred to in subsection (2), but may not serve for more than 2 further consecutive terms and in any event may not serve for a period of more than 10 years.]

16P.— (1) The Board is the governing body of the Executive with authority, in the name of the Executive, to perform the functions of the Executive.

(2) The Board shall—

(a) satisfy itself that appropriate systems, procedures and practices are in place—

(i) to achieve the Executive’s object,

(ii) for the internal performance management and accountability of the Executive in respect of the Executive’s—

(I) performance of its functions,

(II) achieving objectives in accordance with the corporate plan, and

(III) delivery of health and personal social services in accordance with this Act, and

(iii) in order to enable compliance with the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the Executive, and

(b) establish and implement arrangements for the management of the performance of the chief executive officer.

F75[(3) The Board is accountable—

(a) to the Minister for the performance of its functions under subsections (1) and (2), other than in so far as those functions relate to specialist community-based disability services functions under those subsections, and

(b) to the Minister for Children, Equality, Disability, Integration and Youth for the performance of its functions under subsections (1) and (2) in so far as those functions relate to the performance by the Executive of its specialist community-based disability services functions under those subsections.]

(4) The Board may delegate in writing to the chief executive officer any of the Executive’s functions.

(5) If a function of the Executive is delegated to the chief executive officer under subsection (4), the delegation remains in force until the Board revokes the delegation by notice in writing given to that officer.

F75[(6) (a) The Board shall notify the Minister in writing of any delegation made under subsection (4) and of any revocation of such delegation other than the extent to which any delegation relates to a specialist community-based disability services function of the Executive.

(b) The Board shall notify the Minister for Children, Equality, Disability, Integration and Youth of any delegation made under subsection (4) and of any revocation of such delegation to the extent to which the delegation relates to a specialist community‑based disability services function of the Executive.].

F75[(7) The Board shall inform the Minister or the Minister for Children, Equality, Disability, Integration and Youth in writing of any matter that it considers requires the attention of the Minister concerned.]]

16Q.— (1) A person is not eligible for appointment as a member of the Board or a committee of the Board if the person is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, or

(d) elected or co-opted as a member of a local authority.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament or a local authority shall, while he or she is so entitled or is such a member, be disqualified for membership of the Board or a committee of the Board.]

16R.— (1) The Minister F78[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] may at any time remove from office a member of the Board if, in the Minister’s opinion—

(a) the member has become incapable through ill-health of performing his or her functions,

(b) the member has committed stated misbehaviour,

(c) the member’s removal is necessary for the effective and efficient performance by the Board of its functions,

(d) the member has contravened section 25(1) or 26 or an applicable provision of the Ethics in Public Office Act 1995, or

(e) in performing functions under this Act, the member has not been guided by a code of conduct that has been drawn up under section 10(3) of the Standards in Public Office Act 2001 and that relates to the member.

(2) A member of the Board shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(d) is convicted of any indictable offence,

(e) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,

(f) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, or

(g) is removed by a competent authority for any reason (other than failure to pay a fee) from any register established for the purpose of registering members of a profession in the State or another jurisdiction.

(3) A member who does not, for a consecutive period of 6 months, attend a meeting of the Board ceases at the end of that period to hold office unless the member F78[demonstrates to the satisfaction of the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] that the failure was due to ill-health.

(4) In this section, "applicable provision of the Ethics in Public Office Act 1995", in relation to a member, means a provision of that Act that, by virtue of a regulation under section 3 of that Act, applies to that member.]

16S.— (1) The Minister F80[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] may remove all the members of the Board from office if—

(a) the Board fails to achieve a quorum for 3 consecutive meetings,

(b) the Board does not comply with a judgment, order or decree of any court,

(c) the Board does not comply with a direction of the Minister F80[or the Minister for Children, Equality, Disability, Integration and Youth in so far as (in the case of that last‑mentioned Minister) such a direction relates to the performance by the Executive of its specialist community-based disability services functions] or any other requirement imposed on it by or under any enactment including this Act, or

(d) the Minister F80[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] is of the opinion that the Board’s functions (in particular, its functions under section 16P) are not being performed in an effective and efficient manner.

(2) The Minister F81[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] may, if he or she is of the opinion that the Board’s functions are not being performed in an effective and efficient manner, appoint a person to—

(a) conduct an independent review of any matter giving rise to that opinion, and

(b) submit a report to the Minister F81[and the Minister for Children, Equality, Disability, Integration and Youth] on the results of the review.

(3) The Board shall co-operate with a review under subsection (2) and give the person conducting it all reasonable assistance, including access to such premises, equipment and records as the person may require for the purposes of the review.

(4) The removal of the members of the Board from office does not revoke or otherwise affect any delegation of the Executive’s functions to the chief executive officer under section 16P(4).]

16T.— (1) The Board may establish committees, consisting in whole or in part of persons who are members of the Board, to assist and advise it in relation to the performance of any of its functions.

(2) In appointing members of a committee the Board shall have regard to the knowledge and experience necessary for the proper and effective and efficient discharge of the functions of the committee.

(3) The Board may at any time remove a member of a committee for stated reasons.

(4) The acts of a committee shall be subject to confirmation by the Board, unless the Board otherwise determines.

(5) The Board may determine the terms of reference and the procedures of a committee.

(6) The Board may appoint a member of a committee to be the chairperson of a committee.

(7) A committee shall provide the Board with such information as the Board may from time to time require, in respect of the committee’s activities and operations, for the purposes of the performance by the Board of its functions.

(8) The Board may at any time dissolve a committee.

(9) In this section, ‘committee’ means a committee established under subsection (1).]

16U.— (1) F84[The Minister, may, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, and with the consent of the Minister for Public Expenditure and Reform], determine the remuneration and expenses payable under this section.

(2) The remuneration and allowances for expenses, if any, determined in accordance with subsection (1) are payable by the Executive out of funds at its disposal to—

(a) the members of the Board, and

(b) the members of a committee of the Board.

(3) The remuneration and allowances for expenses, if any, determined in accordance with subsection (1) are payable by the Minister out of money provided by the Oireachtas to a person appointed under section 16S(2) to conduct an independent review.]

17.— F85[…]

18.— F86[…]

19.— F87[…]

20.— F88[…]

21.— F89[…]

21A.— (1) Subject to subsection (2), the Board shall as soon as practicable after the commencement of section 10 of the Health Service Executive (Governance) Act 2019 and thereafter as required, appoint a person recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 to be the chief executive officer of the Executive (in this Act referred to as the "chief executive officer").

(2) Subsection (1) shall not apply to a person deemed under subsection (6) to be the first chief executive officer.

(3) The chief executive officer shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as may be determined by the Board F92[with the approval of the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, given with the consent of the Minister for Public Expenditure and Reform].

(4) The remuneration and allowances determined under subsection (3) shall be paid out of funds at the disposal of the Executive.

(5) The chief executive officer shall not hold any other office or employment or carry on any business.

(6) Notwithstanding the repeal of Part 3A by section 3 (a) of the Health Service Executive (Governance) Act 2019, the person who was the Director General, immediately before the commencement of the said section 3 (a), shall be deemed to be the first chief executive officer—

(a) as if, on that commencement, the Board had appointed under subsection (1) the person to be the chief executive officer for the remaining period, if any, that was left to run for the person to hold the office of such Director General immediately before that commencement, and

(b) on the same terms and conditions (including terms and conditions relating to remuneration, allowances, superannuation and termination of appointment) as the person held office as such Director General immediately before that commencement, and the other provisions of this Act shall be construed accordingly.

(7) The chief executive officer shall not be a member of the Board or a committee, but he or she may, in accordance with procedures established by the Board or a committee, as the case may be, attend meetings of the Board or a committee and shall be entitled to speak at and advise such meetings.]

21B.— (1) The chief executive officer may resign from office by giving notice in writing to the Board of his or her resignation.

(2) The Board may, at any time, remove the chief executive officer from office if, in its opinion—

(a) the chief executive officer has become incapable through ill-health of performing his or her functions,

(b) the chief executive officer has committed stated misbehaviour, or

(c) the removal of the chief executive officer is necessary for the effective and efficient performance by the Executive of its functions.

(3) If the chief executive officer is removed from office in accordance with subsection (2), the Board shall provide the chief executive officer with a statement of reasons for the removal.

(4) The chief executive officer shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(b) is convicted of any indictable offence,

(c) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not, or

(d) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014.]

21C.— (1) The chief executive officer shall—

(a) carry on and manage, and control generally, the administration and business of the Executive and perform such other functions as are conferred on him or her by or under this Act or any other enactment,

(b) ensure that appropriate systems, procedures and practices are in place—

(i) to achieve the Executive’s object,

(ii) for the internal performance management and accountability of the Executive in respect of the Executive’s—

(I) performance of its functions,

(II) achieving objectives in accordance with the corporate plan, and

(III) delivery of health and personal social services in accordance with this Act, and

(iii) in order to enable compliance with the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the Executive,

(c) provide the Board with such information (including financial information) relating to the performance of his or her functions and the implementation of the policies of the Executive as the Board may require, and

F95[(d) assist and provide the accounting officer of the Department of Health and, in respect of the specialist community-based disability services functions of the Executive, the accounting officer of the Department of Children, Equality, Disability, Integration and Youth (other than, in either case, for the purposes referred to in section 40G) with such information (including financial information and records) relating to the functions of the accounting officer concerned within such period as the accounting officer concerned may require.]

(2) The chief executive officer shall be accountable to the Board for the effective and efficient management of the Executive and for the due performance of his or her functions.]

21D.— (1) (a) Subject to paragraph (b), the chief executive officer may—

(i) delegate any of his or her functions under section 21C in writing to an employee of the Executive, which employee shall be specified by name, grade, position or otherwise, and

(ii) to the extent specified in a delegation made under this subsection, authorise the subdelegation of any or all of the functions delegated under subparagraph (i) to or by other employees of the Executive.

(b) The Board may issue directions in writing to the chief executive officer in respect of the exercise of his or her power under paragraph (a) and the chief executive officer shall comply with such directions.

(2) Any function delegated or subdelegated under this section to an employee of the Executive shall be performed by the employee under the general direction and control of the chief executive officer and in compliance with such directions, limitations and guidelines as may be specified by—

(a) in the case of a delegated function, the chief executive officer, or

(b) in the case of a subdelegated function, the employee who subdelegated the function.

(3) The delegation of a function does not preclude the chief executive officer from performing the function.

(4) The chief executive officer may—

(a) vary the delegation of a function under this section, including by modifying the geographical area to which the delegation relates,

(b) revoke the delegation, or

(c) without revoking the delegation, revoke any subdelegation of the function.

(5) On varying or revoking the delegation or subdelegation of a function, the chief executive officer shall, as soon as practicable, inform each employee to whom the function was delegated or subdelegated of its variation or revocation.

(6) An employee of the Executive who subdelegates a function delegated or subdelegated to the employee under this section—

(a) may—

(i) vary the subdelegation, including by modifying the geographical area to which it relates, or

(ii) may revoke the subdelegation, and

(b) is not precluded from performing the function.

(7) On varying or revoking the subdelegation of a function under subsection (6), the employee who subdelegated the function shall, as soon as practicable, inform each employee to whom the function was subdelegated of its variation or revocation.]

21E.— (1) Subject to subsection (2), the chief executive officer shall, at the request in writing of a Committee, attend before it to give an account of the general administration of the Executive.

(2) The chief executive officer shall not be required to give an account before a Committee of any matter relating to the general administration of the Executive which is the subject of proceedings before a court or tribunal in the State.

(3) Where the chief executive officer is of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which subsection (2) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the chief executive officer is before it, the information shall be so conveyed in writing.

(4) Where the chief executive officer has informed a Committee of his or her opinion in accordance with subsection (3) and the Committee does not withdraw the request referred to in subsection (1) in so far as it relates to a matter the subject of that opinion—

(a) the chief executive officer may, not later than 42 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (2) applies, or

(b) the Chairperson of the Committee may, on behalf of the Committee, make such an application,

and the High Court shall determine the matter.

(5) Pending the determination of an application under subsection (4), the chief executive officer shall not attend before the Committee to give account for the matter the subject of the application.

(6) If the High Court determines that the matter concerned is one to which subsection (2) applies, the Committee shall withdraw the request referred to in subsection (1), but if the High Court determines that subsection (2) does not apply, the chief executive officer shall attend before the Committee to give account for the matter.

(7) In the performance of his or her duties under this section, the chief executive officer shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

(8) With the permission of the Chairperson of a Committee making the request under subsection (1), either—

(a) the chairperson of the Board, or

(b) an employee of the Executive nominated by the chief executive officer, may attend before the Committee in place of the chief executive officer to give an account of the general administration of the Executive, and in that case a reference in subsections (2) to (7) to the chief executive officer shall be read as including a reference to the person attending in his or her place.

(9) In this section, "Committee" means a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas, other than—

(a) the Committee of Public Accounts, the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann, or

(b) a subcommittee of a committee referred to in paragraph (a).]

21F.— (1) A person is not eligible for appointment as the chief executive officer if the person is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, or

(d) elected or co-opted as a member of a local authority.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament or of a local authority shall, while he or she is so entitled or is such a member, be disqualified for being the chief executive officer.]

21G.— (1) Subject to subsection (2), the Board may appoint such other employee of the Executive to perform the functions of the chief executive officer during—

(a) any period or periods when the chief executive officer is absent from duty or from the State or is, for any other reason, unable to perform the functions of chief executive officer,

(b) any suspension from office of the chief executive officer, or

(c) any vacancy in the office of chief executive officer.

(2) The Board may at any time terminate an appointment under this section.]

22.— (1) The Executive may, subject to subsections (2) to (5), appoint persons to be its employees and may determine their duties.

(2) Employees appointed under this section shall be recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004.

(3) Subsection (2) does not apply to employees appointed under this section during the period of 3 months beginning with the establishment day or during such shorter period as the Minister may specify.

(4) The Executive shall, F100[with the approval of the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, given with the consent of] the Minister for Finance, determine—

(a) the terms and conditions of employment (including terms and conditions relating to remuneration and allowances) of employees appointed under this section, and

(b) the grades of the employees of the Executive and the numbers of employees in each grade.

(5) A person is not eligible for appointment as an employee of the Executive if the person is—

(a) a member of either House of the Oireachtas or of the European Parliament, or

(b) regarded pursuant to section 19 of the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy.

(6) The remuneration and allowances of the Executive's employees are payable by the Executive to them out of funds at its disposal.

F101[(7) This section shall not apply to the appointment of the chief executive officer under section 21A.]

23.— (1) The Executive shall prepare and submit to the Minister one or more than one scheme for granting superannuation benefits to or in respect of such employees (including the F102[chief executive officer]) of the Executive as it may think fit.

(2) Each superannuation scheme must fix the terms of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different terms may be fixed in respect of different classes of persons.

(3) A superannuation scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.

(4) A superannuation scheme submitted by the Executive under this section shall, if approved by F103[the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, with the consent of] the Minister for Finance, be carried out by the Executive in accordance with its terms.

(5) The Executive may not grant, or enter into any arrangement for the provision of, any superannuation benefit to or in respect of an employee (including the F102[chief executive officer]) except in accordance with a scheme approved under this section or except as approved by F103[the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, with the consent of] the Minister for Finance.

(6) Each scheme must include provision for appeals from a decision relating to a superannuation benefit under the scheme.

(7) The Minister shall ensure that a superannuation scheme approved under this section is laid before each House of the Oireachtas as soon as practicable after the scheme is approved.

(8) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which the scheme is laid before it, annul the scheme.

(9) The annulment of a superannuation scheme under subsection (8) takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the scheme before the passing of the resolution.

24.— (1) The Executive may engage such advisers as it considers necessary for the performance of its functions.

(2) Any fees due to an adviser engaged under this section are payable by the Executive out of funds at its disposal.

25.— F104[(1) A person shall maintain proper standards of integrity, conduct and concern for the public interest while performing functions under this Act or any other enactment as—

(a) a member of the Board or a committee of the Board (including the audit committee established under section 40H),

(b) the chief executive officer,

(c) an employee of the Executive,

(d) a person engaged by the Executive as an adviser under section 24, or

(e) an employee of a person referred to in paragraph (d).]

(2) Subsection (1) applies to an employee of a person referred to in F105[paragraph (d)] of that subsection in respect only of duties of employment relating to the purposes for which the Executive has engaged that person.

F105[(3) For the purposes of subsection (1), F104[the Board shall] issue codes of conduct for the guidance of persons referred to in that subsection and may issue different codes in respect of different classes of such persons.]

(4) A code of conduct issued under this section for the guidance of persons referred to in subsection (3) must indicate the standards of integrity and conduct to be maintained by them in performing their functions under this or any other enactment.

(5) A person to whom such a code of conduct relates is required to have regard to and be guided by the code in performing the person's functions under this or any other enactment.

(6) The terms and conditions on which a person is employed by the Executive or by a person referred to in F105[subsection (1)(d)] or on which a person is engaged by the Executive as an adviser, as the case may be, are deemed to include any requirements that apply to that person under subsection (5).

(7) Subject to subsection (8), the Executive shall as soon as practicable after issuing a code of conduct make the code available to the persons for whose guidance it was issued.

(8) A code of conduct for the guidance of employees of a person engaged by the Executive as an adviser shall be issued by the Executive to the employer and be made available by the employer to those employees.

(9) A document purporting to be a code of conduct issued under this section is, in the absence of evidence to the contrary, to be taken to be such code and is admissible in any proceedings before a court or other tribunal.

(10) Any provision of such code that appears to the court or other tribunal to be relevant to a question in the proceedings may be taken into account by it in determining the question.

F106[26.— (1) Subject to subsection (2), a person shall not disclose confidential information obtained by him or her while performing functions as—

(a) a member of the Board or a committee of the Board (including the audit committee established under section 40H),

(b) the chief executive officer or any other employee of the Executive,

(c) a person engaged by the Executive as an adviser under section 24,

(d) an employee of a person referred to in paragraph (c), or

(e) a person appointed under section 16S(2) to conduct an independent review,

unless he or she is required by law, or duly authorised by the Executive or, in the case of a person referred to in paragraph (e), the Minister, to do so.

(2) A person does not contravene subsection (1) by disclosing confidential information if—

(a) the disclosure is made to the Board,

(b) the disclosure is made to the Minister by or on behalf of the Executive, or by or on behalf of a person referred to in paragraph (e) of subsection (1), or in compliance with a requirement of this Act, or

(c) the disclosure is a protected disclosure under Part 9A or the Protected Disclosures Act 2014.

(3) A person who contravenes subsection (1) is guilty of an offence.

(4) In this section, "confidential information" means—

(a) in the case of persons referred to in paragraphs (a) to (d) of subsection (1)—

(i) information that is expressed by the Executive to be confidential either as regards particular information or as regards information of a particular class or description, and

(ii) information relating to proposals of a commercial nature or tenders submitted to the Executive by contractors, consultants or any other person,

and

(b) in the case of a person referred to in paragraph (e) of subsection (1)—

(i) information that is expressed by the Minister to be confidential either as regards particular information or as regards information of a particular class or description, and

(ii) information relating to proposals of a commercial nature or tenders submitted to the Executive by contractors, consultants or any other person.]

27.— (1) F107[A member of the Board or a member of a committee of the Board (including the audit committee established under section 40H)] immediately ceases to hold office on—

(a) being nominated as a member of Seanad Éireann,

(b) being elected as a member of either House of the Oireachtas or of the European Parliament,

(c) being regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy, or

(d) becoming a member of a local authority.

(2) An employee of the Executive (including the F107[chief executive officer]) is immediately seconded from employment with the Executive on—

(a) being nominated as a member of Seanad Éireann,

(b) being elected as a member of either House of the Oireachtas or of the European Parliament, or

(c) being regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy.

(3) No remuneration or allowances are payable by the Executive in respect of the secondment period to a person seconded from employment under subsection (2) and that period is not to be counted as service with the Executive for the purposes of any superannuation benefit.

(4) In relation to a person seconded under subsection (2) from employment, the secondment period begins on the occurrence of the relevant event referred to in that subsection and ends when the person ceases to be a member of either House of the Oireachtas or of the European Parliament.

28.— F108[(1) In this Part—

"approved capital plan" means a capital plan approved by the Minister F109[and, in respect of any specialist community-based disability services, the Minister for Children, Equality, Disability, Integration and Youth] under section 31 as read with section 33B(4) ;

"approved corporate plan" means a corporate plan approved by the Minister F109[and, in respect of any specialist community-based disability services, the Minister for Children, Equality, Disability, Integration and Youth] under section 29;

F110["approved service plan" means—

(a) a service plan approved by the Minister and, in respect of any specialist community-based disability services, the Minister for Children, Equality, Disability, Integration and Youth, under section 31, or

(b) an amended service plan that is approved or deemed to have been approved by the Minister and, in respect of any specialist community-based disability services, the Minister for Children, Equality, Disability, Integration and Youth, under section 32;]

"capital expenditure" means expenditure to acquire a fixed asset or to significantly extend the life of an existing fixed asset;

"capital plan" means a plan the purpose of which is to acquire a fixed asset or to significantly extend the life of an existing fixed asset;

F111[…]

"financial year" means a period of 12 months ending on 31 December in any year;

"income", in relation to the Executive, means all of the income of the Executive for a financial year other than any grant made to the Executive for that year under section 33A;

"net expenditure", in relation to the Executive and a financial year or part of a financial year, means the expenditure of the Executive for that financial year or part of a financial year, as the case may be, less the income of the Executive for that financial year or part of a financial year, as the case may be;

"net non-capital expenditure", in relation to the Executive and a financial year or part of a financial year, means the non-capital expenditure of the Executive for that financial year or part of a financial year, as the case may be, less the non-capital income of the Executive for that financial year or part of a financial year, as the case may be;

"non-capital expenditure" means expenditure other than capital expenditure;

"non-capital income", in relation to the Executive and a financial year or part of a financial year, means the income of the Executive for that financial year or part of a financial year, as the case may be, other than income received by the Executive for the disposal of a fixed asset;

F110["section 30A(1) determination" means a determination made by the Minister under section 30A(1); ]]

F112["section 30B(1) determination" means a determination made by the Minister for Children, Equality, Disability, Integration and Youth under section 30B(1).]

(2) References in section 31 , 33 or 38 to health and personal social services or to a health or personal social service do not include any service provided under the Social Welfare Acts.

29.— (1) The Executive shall, in accordance with this section, prepare, adopt and, at the times specified in subsection (2), submit to the Minister F113[, and the Minister for Children, Equality, Disability, Integration and Youth,] for approval a corporate plan for the 3 year period following the date of its submission.

(2) A corporate plan must be submitted at the following times:

(a) within 6 months after the establishment day;

(b) within 6 months after the appointment of a new Minister having charge of the Department of Health and Children, if that Minister requests that a corporate plan be submitted;

(c) at the end of the 3 year period since the last corporate plan was submitted.

(3) The corporate plan must be prepared in a form and manner in accordance with any directions issued by the Minister F113[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] and must specify—

(a) the key objectives of the Executive for the 3 year period concerned and the strategies for achieving those objectives,

(b) the manner in which the Executive proposes to measure its achievement of those objectives, and

(c) the uses for which the Executive proposes to apply its resources.

F114[(4) In preparing the corporate plan, the Executive shall have regard to the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or any Minister of the Government to the extent that those policies may affect or relate to the functions of the Executive.]

F115[(5) Within 3 months after receiving a corporate plan, after consultation between the Minister and the Minister for Children, Equality, Disability, Integration and Youth—

(a) (i) the Minister shall, other than in so far as the plan relates to the performance by the Executive of specialist community-based disability functions, approve the plan, and

(ii) the Minister for Children, Equality, Disability, Integration and Youth shall, in so far as the plan relates to the performance by the Executive of its specialist community-based disability services functions, approve the plan,

or

(b) if the plan is not amended in accordance with any directions that may be issued by the Minister or, in so far as the plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth—

(i) the Minister shall, in relation to that part of the plan referred to in paragraph (a)(i), refuse to approve the plan, and

(ii) the Minister for Children, Equality, Disability, Integration and Youth shall, in relation to that part of the plan referred to in paragraph (a)(ii), refuse to approve the plan.

(6) An approved corporate plan may, after consultation between the Minister and the Minister for Children, Equality, Disability, Integration and Youth, be amended by the Minister or, in so far as the plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth at any time or may be amended by the Executive, but in the latter case only after—

(a) the Executive submits for approval the proposed amendment to the Minister or, in so far as the proposed amendment relates to the performance of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, and

(b) the amendment is approved by, as appropriate—

(i) the Minister after consultation with the Minister for Children, Equality, Disability, Integration and Youth, or

(ii) the Minister for Children, Equality, Disability, Integration and Youth after consultation with the Minister.]

(7) Subsections (4) and (5) apply with the necessary modifications in respect of an amendment by the Executive to an approved corporate plan.

(8) Nothing in a corporate plan is to be taken to prevent the Executive from, or to limit the Executive in, performing its functions.

30.— F116[(1) The Minister shall ensure that a copy of an approved corporate plan is laid before both Houses of the Oireachtas—

(a) within 21 days after the plan is approved by the Minister and the Minister for Children, Equality, Disability, Integration and Youth, and

(b) if the plan is amended under section 29(6) after being approved by the Minister and the Minister for Children, Equality, Disability, Integration and Youth, within 21 days after—

(i) in the case of an amendment made by the Minister or, in so far as the amendment relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, the making of the amendment, or

(ii) in the case of an amendment made by the Executive, the amendment is approved by the Minister or, in so far as the amendment relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth.]

(2) The Executive shall ensure that, as soon as practicable after copies of an approved corporate plan are laid before the Houses of the Oireachtas, the plan is published on the Internet or in accordance with such other arrangements as the Minister may specify.

(3) The Executive shall provide the Minister F117[and the Minister for Children, Equality, Disability, Integration and Youth] with progress reports on the implementation of an approved corporate plan—

(a) in its annual report, and

(b) in such other manner and at such intervals as the Minister F117[or, in so far as the plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth] may direct.

F116[(4) During the specified period, the Freedom of Information Acts 1997 and 2003 do not apply to a record containing—

(a) a corporate plan, or an amendment to such plan, that has not been approved by the Minister and the Minister for Children, Equality, Disability, Integration and Youth,

(b) a preliminary or other draft of all or part of the contents of a corporate plan or of an amendment to a corporate plan, or

(c) the unamended version of a corporate plan that is approved after being amended in accordance with a direction of the Minister or the Minister for Children, Equality, Disability, Integration and Youth.]

(5) For the purpose of subsection (4), the specified period is 5 years beginning on the date of the creation of the record.

30A.— (1) Subject to subsections (5) and (6), the Minister F119[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] shall determine the maximum amount of net non-capital expenditure that may be incurred by the Executive for—

(a) a financial year of the Executive, or

(b) if the Minister considers it appropriate to do so in any particular case, such part of a financial year of the Executive as may be specified in the relevant notification under this section.

(2) The Minister shall notify the Executive in writing of a section 30A(1) determination—

(a) if the period to which the determination relates is a financial year of the Executive or runs from the beginning of such year, not later than 21 days after the publication by the Government of the Estimates for Public Services (within the meaning of section 17(1) (inserted by section 1 of the Ministers and Secretaries (Amendment) Act 2013 ) of the Ministers and Secretaries (Amendment) Act 2011 ) for that financial year, and

(b) in any other case, not later than 21 days after making the determination.

(3) (a) The Minister may amend a section 30A(1) determination by varying the maximum amount of net non-capital expenditure that the Executive may incur for the financial year or part of the financial year to which the determination relates.

(b) A section 30A(1) determination amended under paragraph (a) shall apply and have effect as so amended.

(4) The Minister shall notify the Executive in writing of the amendment made under subsection (3) to a section 30A(1) determination not later than 21 days after making the amendment.

(5) The Minister shall not, in making a section 30A(1) determination for a financial year, or part of a financial year, take into account the effect (if any) of section 33(3) for that financial year, or part of a financial year, as the case may be.

(6) The Minister shall not, in the financial year 2014, make a section 30A(1) determination except in respect of—

(a) the financial year 2015, or

(b) part of the financial year 2015.]

30B.— (1) Subject to subsections (5) and (6), the Minister for Children, Equality, Disability, Integration and Youth, after consultation with the Minister, shall determine the maximum amount of net non-capital expenditure that may be incurred by the Executive in so far as it relates to the performance by the Executive of its specialist community-based disability services functions for—

(a) a financial year of the Executive, or

(b) if the Minister for Children, Equality, Disability, Integration and Youth considers it appropriate to do so in any particular case, such part of a financial year of the Executive as may be specified in the relevant notification under this section.

(2) The Minister for Children, Equality, Disability, Integration and Youth shall notify the Executive in writing of a section 30B(1) determination—

(a) if the period to which the determination relates is a financial year of the Executive or runs from the beginning of such year, not later than 21 days after the publication by the Government of the Estimates for Public Services (within the meaning of section 17(1)(inserted by section 1 of the Ministers and Secretaries (Amendment) Act 2013 ) of the Ministers and Secretaries (Amendment) Act 2011 ) for that financial year, and

(b) in any other case, not later than 21 days after making the determination.

(3) (a) The Minister for Children, Equality, Disability, Integration and Youth may amend a section 30B(1) determination by varying the maximum amount of net non-capital expenditure that the Executive may incur in so far as it relates to the performance by the Executive of its specialist community-based disability services functions for the financial year or part of the financial year to which the determination relates.

(b) A section 30B(1) determination amended under paragraph (a) shall apply and have effect as so amended.

(4) The Minister for Children, Equality, Disability, Integration and Youth shall notify the Executive in writing of the amendment made under subsection (3) to a section 30B(1) determination not later than 21 days after making the amendment.

(5) The Minister for Children, Equality, Disability, Integration and Youth shall not, in making a section 30B(1) determination for a financial year, or part of a financial year, take into account the effect (if any) of section 33(3) for that financial year, or part of a financial year, as the case may be.]

31.— F122[(1) Before the expiry of the specified period the Executive shall—

(a) prepare, in accordance with this section, a service plan for the financial year or such other period as may be determined by the Minister after consultation with the Minister for Children, Equality, Disability, Integration and Youth, and

(b) adopt the plan so prepared and submit it to the Minister and the Minister for Children, Equality, Disability, Integration and Youth for approval.]

F122[(2) For the purpose of this section, the specified period is—

(a) the period ending 21 days after the Executive receives the section 30A(1) determination or section 30B(1) determination concerned, or

(b) such other period as the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, may allow.]

(3) F122[The Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] may issue a direction to the Executive as respects the form and manner in which the service plan is to be prepared.

(4) A service plan shall be prepared in a form and manner which is consistent with any direction issued by the Minister under subsection (3) and shall—

(a) indicate the type and volume of health and personal social services to be provided by the Executive during the period to which the plan relates,

(b) indicate any capital plans proposed by the Executive,

F123[(ba) contain estimates of the income and expenditure of the Executive for the period to which the plan relates, and

(bb) be consistent with the section 30A(1) determination F124[or the section 30B(1) determination] for the period to which the plan relates,]

(c) contain estimates of the number of employees of the Executive for the period and the services to which the plan relates,

(d) contain estimates of the number of employees of service providers under section 38 engaged in the provision of such services and which relate to the period of the service plan and the services to which it relates,

(e) contain any other information specified by the Minister F124[or, in so far as the plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth],

(f) be consistent with any directions issued by the Minister under section 10 F124[or the Minister for Children, Equality, Disability, Integration and Youth under section 10C], and

F125[(g) accord with the policies (whether set out in codes, guidelines or other documents, or any combination thereof) and objectives of the Minister F124[or the Minister for Children, Equality, Disability, Integration and Youth] and the Government.]

(5) In preparing the service plan, the Executive shall have regard to—

(a) the approved corporate plan in operation at that time,

(b) any direction issued by the Minister under section 10 F124[or the Minister for Children, Equality, Disability, Integration and Youth under section 10C], and

(c) the priorities and performance targets specified under section 10A.

F126[(6) If the Executive fails to submit a service plan to the Minister and the Minister for Children, Equality, Disability, Integration and Youth before the expiry of the specified period, the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, may, in writing, issue a direction, directing the Executive to prepare and submit a service plan to each such Minister not later than—

(a) 10 days after the date on which the Minister issues the direction to the Executive, or

(b) such earlier date as may be specified in the direction.]

F127[(6A) (a) Subject to paragraph (b), if the Executive fails to comply with a direction under subsection (6), the Minister, F128[after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] may, in writing, issue a direction, directing the chief executive officer to prepare and submit a service plan to F126[each such Minister] not later than—

(i) 10 days after the date on which the Minister issues the direction to the chief executive officer, or

(ii) such earlier date as may be specified in the direction.

(b) For the purposes of the chief executive officer preparing and submitting a service plan to the Minister F128[and the Minister for Children, Equality, Disability, Integration and Youth] in accordance with a direction issued under paragraph (a), references to the Executive in subsections (3), (5), (8) and (9) (other than in subsection (9)(d)) shall be read as including references to the chief executive officer.]

(7) A service plan submitted to the Minister F128[and the Minister for Children, Equality, Disability, Integration and Youth] by the F129[chief executive officer in compliance with subsection (6A)] shall be deemed to have been prepared, adopted and submitted by the Executive.

F130[(8) Not later than 21 days after receiving a service plan under this section, and after consultation between the Minister and the Minister for Children, Equality, Disability, Integration and Youth, the Minister and, in so far as the plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth shall—

(a) approve the service plan in the form in which it was submitted,

(b) approve the service plan with such amendments, having consulted with the Executive, and as appropriate—

(i) the Minister, having consulted with the Minister for Children, Equality, Disability, Integration and Youth may determine, or

(ii) the Minister for Children, Equality, Disability, Integration and Youth having consulted with the Minister for Health, may determine,

or

(c) issue a direction to the Executive under subsection (9) to amend the plan.]

F131[(9) The Minister F132[or the Minister for Children, Equality, Disability, Integration and Youth, as appropriate,] may direct the Executive to amend a service plan submitted under this section if, in the opinion of the Minister F132[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth or, in so far as the service plan relates to the performance by the Executive of its specialist community‑based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, after consultation with the Minister,] the plan—

(a) does not contain any information required to be included in the service plan pursuant to subsection (4),

(b) does not in some other respect comply with subsection (4),

(c) has been prepared by the Executive without sufficient regard to the matters referred to in subsection (5), or

F129[(d) does not accord with the policies (whether set out in codes, guidelines or other documents, or any combination thereof) and objectives of the Minister F132[, the Minister for Children, Equality, Disability, Integration and Youth] or the Government to the extent to which those policies and objectives relate to the functions of the Executive and have been communicated in writing to the Executive prior to the commencement of the specified period.]]

(10) The Minister F132[or, in so far as the service plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth] may refuse to approve a service plan unless it is amended in accordance with a direction issued under subsection (9).

(11) The F129[chief executive officer] shall comply with a direction issued to him or her under this section.

(12) F133[…]

F134[(13) The Minister shall ensure that a copy of an approved service plan is laid before both Houses of the Oireachtas within 21 days after the plan is approved by the Minister and the Minister for Children, Equality, Disability, Integration and Youth.]

(14) The Executive shall ensure that, as soon as practicable after copies of an approved service plan are laid before the Houses of the Oireachtas, the plan is published on the Internet or in accordance with such other arrangements as the Minister may specify.]

F123[(15) Section 28(1) and this section, as in force immediately before the enactment of the Health Service Executive (Financial Matters) Act 2014, shall apply in relation to a service plan for the financial year 2014 and to a service plan for any part of that financial year and, accordingly, section 28(1) and this section, as in force immediately after such enactment, shall not apply in relation to any such service plan.]

32.— (1) After approving a service plan, the Minister F136[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth or, in so far as the plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, after consultation with the Minister,] may direct the Executive to submit an amended service plan and may specify in the direction the manner in which the plan is to be amended.

F137[(1A) Subject to subsection (1B), after amending a section 30A(1) determination, the Minister F136[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth or, in so far as the service plan relates to the performance by the Executive of its specialist community‑based disability services functions, after amending a section 30B(1) determination, the Minister for Children, Equality, Disability, Integration and Youth, after consultation with the Minister,] may—

(a) direct the Executive to amend, in such manner as the Minister F136[or the Minister for Children, Equality, Disability, Integration and Youth, as appropriate,] may specify in the direction, the approved service plan to which the determination relates, or

(b) direct the Executive to submit an amended service plan that complies with the amended determination.

(1B) The Minister shall not, in the financial year 2014, give a direction under subsection (1A) except in respect of—

(a) a service plan for the financial year 2015, or

(b) a service plan for part of the financial year 2015.]

(2) F138[Subject to subsection (4), the Executive] may amend an approved service plan.

(3) If the Minister F136[or the Minister for Children, Equality, Disability, Integration and Youth] directs the Executive to submit an amended service plan in accordance with F138[subsection (1) or (1A)(b)], subsections (4) to (11) of section 31 shall apply with all necessary modifications to the amended service plan.

(4) The Executive shall submit a service plan amended under subsection (2) as soon as practicable and in any event not later than 5 days after the day on which it adopts the amended service plan.

(5) Within 21 days after receiving an amended service plan submitted in accordance with subsection (4), F139[the Minister F136[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, or the Minister for Children, Equality, Disability, Integration and Youth, after consultation with the Minister, as appropriate,] may—]

(a) direct the Executive to amend the service plan specifying the manner in which the service plan is to be amended, or

(b) notify the Executive that he or she intends to amend the plan in consultation with the Executive.

F140[(6) Unless the direction or notification relating to an amended service plan is issued by the Minister or the Minister for Children, Equality, Disability, Integration and Youth within the period specified in subsection (5), the amended service plan is deemed to have been approved by the Minister and the Minister for Children, Equality, Disability, Integration and Youth, immediately before the end of that period.]

(7) If a direction relating to an amended service plan is issued by the Minister F141[or the Minister for Children, Equality, Disability, Integration and Youth] within the period specified in subsection (5), any amendment made (either in the amended service plan or in response to the direction) by the Executive to its approved service plan has no effect until the amendment is approved by the Minister F141[after consultation with the Minister for Children, Equality, Disability, Integration and Youth or the Minister for Children, Equality, Disability, Integration and Youth after consultation with the Minister, as appropriate].

(8) The Minister shall ensure that a copy of an approved service plan amended under this section is laid before both Houses of the Oireachtas within 21 days after the amended service plan is approved or deemed to have been approved by the Minister F141[and the Minister for Children, Equality, Disability, Integration and Youth].

(9) The Executive shall ensure that, as soon as practicable after copies of an approved amended service plan are laid before the Houses of the Oireachtas, the plan is published on the Internet or in accordance with such other arrangements as the Minister may specify.]

F142[33.— F143[(1) Subject to subsection (1A), the Executive shall manage health and personal social services set out in an approved service plan so as to ensure that—

(a) those services are delivered in accordance with the plan, and

(b) the net non-capital expenditure for the financial year or part of the financial year to which the plan relates does not exceed the amount specified in the section 30A(1) determination F144[or section 30B(1) determination] for that financial year or part of a financial year, as the case may be.]

F145[(1A) Section 28(1) and subsection (1), as in force immediately before the enactment of the Health Service Executive (Financial Matters) Act 2014, shall apply in relation to a service plan for the financial year 2014 and to a service plan for any part of that financial year and, accordingly, section 28(1) and subsection (1), as in force immediately after such enactment, shall not apply in relation to any such service plan.]

(2) The Minister F144[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth or, in so far as the plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, after consultation with the Minister,] may direct the Executive to take such specified measures as he or she may require in relation to the implementation of an approved service plan.]

F145[(3) (a) If the amount of net expenditure incurred by the Executive in a financial year is greater than the amount determined by the Minister F144[or the Minister for Children, Equality, Disability, Integration and Youth, as appropriate,] for that year, the Executive shall charge the amount of such excess to its income and expenditure account for the next financial year.

(b) If the amount of net expenditure incurred by the Executive in a financial year is less than the amount determined by the Minister F144[or the Minister for Children, Equality, Disability, Integration and Youth, as appropriate,] for that year, the Executive shall, subject to the approval of the Minister F144[or the Minister for Children, Equality, Disability, Integration and Youth, as appropriate,] given with the consent of the Minister for Public Expenditure and Reform, credit the amount of such surplus to its income and expenditure account for the next financial year.]

33A.— F147[(1)] On and from 1 January 2015, the Minister shall, with the consent of the Minister for Public Expenditure and Reform, out of moneys provided by the Oireachtas, make grants to the Executive.]

F148[(2) On and from the commencement of section 28 of the Health (Miscellaneous Provisions) Act 2022, the Minister for Children, Equality, Disability, Integration and Youth shall, with the consent of the Minister for Public Expenditure and Reform and in so far as it relates to the performance by the Executive of its specialist community-based disability services functions, out of moneys provided by the Oireachtas, make grants to the Executive.]

33B.— (1) The Minister F150[and the Minister for Children, Equality, Disability, Integration and Youth] shall—

(a) subject to subsection (9) and with the consent of the Minister for Public Expenditure and Reform, in respect of each financial year of the Executive, determine the maximum amount of funding that the Minister F150[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth and, in so far as the funding relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, after consultation with the Minister] will make available to the Executive in that year for capital expenditure, and

(b) notify the Executive in writing of that amount as soon as is practicable.

(2) After receiving the notification under subsection (1)(b) from the Minister F151[and the Minister for Children, Equality, Disability, Integration and Youth], the Executive shall, in accordance with subsection (3), submit to the Minister F151[and the Minister for Children, Equality, Disability, Integration and Youth] for approval an annual capital plan—

(a) prepared in such form and containing such information as may be specified by the Minister F151[and the Minister for Children, Equality, Disability, Integration and Youth], and

(b) relating to the financial year to which that notification relates.

(3) The annual capital plan shall be submitted to the Minister F152[and the Minister for Children, Equality, Disability, Integration and Youth] within—

(a) 21 days after the Executive receives the notification from the Minister F152[and the Minister for Children, Equality, Disability, Integration and Youth], or

(b) such longer period (not exceeding 42 days after the receipt of that notification) as the Minister F152[and the Minister for Children, Equality, Disability, Integration and Youth] may allow.

(4) Subsections (6) to (11) of section 31 shall apply with all necessary modifications to an annual capital plan.

F153[(5) Notwithstanding any other provision of this section, the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth or, in so far as the capital plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, after consultation with the Minister, may at any time direct in writing the Executive to submit to the Minister and the Minister for Children, Equality, Disability, Integration and Youth for approval a capital plan prepared in such form, containing such information and covering such part of a financial year as may be specified by the Minister or the Minister for Children, Equality, Disability, Integration and Youth in such direction.]

(6) In preparing a capital plan for submission under this section, the Executive shall have regard to any priorities that may be determined by the Minister F154[or the Minister for Children, Equality, Disability, Integration and Youth] for the financial year or part of a financial year to which the plan relates.

(7) Subject to subsection (10), the Minister F154[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth or, in so far as the amendment relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, after consultation with the Minister] may at any time direct the Executive to amend a capital plan submitted and approved under this section.

(8) The Executive may, with the prior approval of the Minister F154[and the Minister for Children, Equality, Disability, Integration and Youth after consultation between such Ministers], amend a capital plan submitted and approved under this section.

(9) The Minister shall not, in the financial year 2014, make a determination under subsection (1)(a) except in respect of the financial year 2015.

(10) The Minister shall not, in the financial year 2014, give a direction under subsection (5) or (7) except in respect of—

(a) a capital plan for the financial year 2015, or

(b) a capital plan for a part of the financial year 2015.]

34.— F155[…]

34A.— (1) The F157[chief executive officer] shall take steps to ensure that—

(a) the Executive’s net non-capital expenditure for a financial year or part of a financial year does not exceed the amount specified in the section 30A(1) determination F158[or section 30B(1) determination] for that financial year or part of a financial year, as the case may be, and

(b) the Executive’s capital expenditure for the financial year does not exceed the amount specified in the notification under section 33B(1)(b) received by the Executive which relates to that year.

(2) The F157[chief executive officer] shall, as soon as is practicable, inform the Minister F159[or, in so far as the action or proposed action relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth] if he or she forms the opinion that an action undertaken by the Executive will, or that a proposed action to be undertaken by the Executive would, if made, result in—

(a) the Executive’s net non-capital expenditure for a financial year or part of a financial year exceeding the amount specified in the section 30A(1) determination for that financial year or part of a financial year, as the case may be, or

(b) the Executive’s capital expenditure for a financial year exceeding the amount specified in the notification under section 33B(1)(b) received by the Executive which relates to that year.]

34B.— (1) The F161[chief executive officer] shall, whenever required in writing to do so by the Committee of Public Accounts on or after 1 January 2015, give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded, or required to be recorded, in any book or other record of account subject to audit by the Comptroller and Auditor General that the Executive is required by this Act to prepare,

(b) the economy and efficiency of the Executive in using its resources,

(c) the systems, procedures and practices employed by the Executive for evaluating the effectiveness of its operations, and

(d) any matter affecting the Executive referred to in—

(i) a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act 1993, or

(ii) any other report of the Comptroller and Auditor General that is laid before Dáil Éireann to the extent that it relates to a matter specified in paragraph (a), (b) or (c).

(2) In carrying out duties under this section, the F161[chief executive officer] may not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.]

35.— (1) The Executive shall, as soon as practicable after it is established, submit to the Minister for approval a code of governance that includes an outline of—

(a) the guiding principles applicable to the Executive as a public body having functions relating to health and personal social services,

F162[(b) the structure of the Executive, including the roles and responsibilities of the Board and the chief executive officer,]

(c) the methods to be used to bring about the integration of health and personal social services,

(d) the processes and guidelines to be followed to ensure compliance with the reporting requirements imposed on the Executive by or under this Act,

(e) the Executive's internal controls, including its procedures relating to internal audits, risk management, public procurement and financial reporting, F163[…]

F164[(f) procedures established under section 55H, and]

(2) F162[Subject to subsection (2A), the Executive shall] review the code of governance periodically and at such times as may be specified by the Minister F165[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] and shall revise the code as the Executive considers appropriate.

F166[(2A) The Executive shall, as soon as practicable after the commencement of section 21 of the Health Service Executive (Governance) Act 2019 and without prejudice to the generality of subsection (2), revise the code of governance to take account of the amendment made to subsection (1) by that section.]

(3) In preparing, or making any revisions to, the code of governance, the Executive shall have regard to any directions issued by the Minister F167[or the Minister for Children, Equality, Disability, Integration and Youth under section 10C] under section 10 .

(4) Following the Minister's approval of the code of governance or of any revisions to it, the Executive shall arrange for the publication of the code or the revised code.

(5) The Executive shall indicate in its annual report its arrangements for implementing and maintaining adherence to the code of governance.

36.— (1) The Executive shall keep all proper and usual accounts of all money received or expended by it.

(2) The Executive shall, in respect of each financial year, prepare annual financial statements (including accounts of income and expenditure and a balance sheet) in such form as the Minister F168[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] may direct.

(3) The annual financial statements shall be prepared by the Executive in accordance with accounting standards specified by the Minister F168[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth].

(4) The Executive shall adopt the annual financial statements on or before the 1st day of April in the year following the financial year to which they relate.

(5) On adopting the financial statements, the Executive shall submit a copy of them—

(a) to the Comptroller and Auditor General for audit, and

(b) to the Minister F168[and the Minister for Children, Equality, Disability, Integration and Youth] at the same time.

(6) On completing the audit, the Comptroller and Auditor General shall send to the Executive a copy of the annual financial statements together with the report on the audit.

F169[(7) The Executive shall immediately transmit a copy of the audited annual financial statements together with the Comptroller and Auditor General’s report to the Minister and the Minister for Children, Equality, Disability, Integration and Youth and the Minister shall ensure that a copy of each is laid before both Houses of the Oireachtas as soon as practicable.]

(8) Any examination of the Executive by the Comptroller and Auditor General under section 9 of the Comptroller and Auditor General (Amendment) Act 1993 shall extend to any arrangement entered into by the Executive under section 38.

37.— (1) The Executive shall, not later than the 30th day of April in each year beginning with the year 2006, prepare and adopt a report on the performance of its functions during the preceding year.

(2) An annual report shall include—

(a) a general statement of the health and personal social services provided during the preceding year by or on behalf of the Executive (whether provided in accordance with an agreement under section 8 or an arrangement under section 38 ) and of the activities undertaken by the Executive in that year,

(b) a report on the implementation of the corporate plan in the year,

(c) a report on the implementation of the service plan in the year,

(d) a report on the implementation of the capital plans in the year,

(e) an indication of the Executive's arrangements for implementing and maintaining adherence to its code of governance,

(f) the report required by section 55 (complaints), and

F170[(g) such other information as the Executive considers appropriate or as the Minister or, in relation to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, may specify.]

(3) The Executive shall submit a copy of the annual report to the Minister F171[and the Minister for Children, Equality, Disability, Integration and Youth] as soon as practicable after adopting the report and in any event not later than 21 days after its adoption.

(4) The Minister shall ensure that copies of the annual report are laid before each House of the Oireachtas within 21 days after the Minister receives that report.

(5) The Executive shall ensure that the annual report is published on the Internet, or in accordance with such other arrangements as the Minister may specify, as soon as practicable after copies of the report are laid before the Houses of the Oireachtas.

38.— (1) The Executive may, subject to its available resources and any directions issued by the Minister under section 10 F172[or the Minister for Children, Equality, Disability, Integration and Youth under section 10C], enter, on such terms and conditions as it considers appropriate, into an arrangement with a person for the provision of a health or personal social service by that person on behalf of the Executive.

(2) Before entering into an arrangement under this section, the Executive shall determine, in respect of a financial year of the Executive, the maximum amount of funding (whether capital funding or non-capital funding) that it proposes to make available in that year under the arrangement and the level of service it expects to be provided for that funding.

(3) A service provider shall—

(a) keep, in such form as may be approved by the Executive in accordance with any general direction issued by the Minister F172[or, in relation to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth], all proper and usual accounts and records of income received and expenditure incurred by it,

F173[(b) submit such accounts annually for examination, and]

(c) supply a copy of the audited accounts and the auditor's certificate and report on the accounts to the Executive within such period as may be specified by the Executive.

F174[(4) The expenses incurred in the carrying out of an audit of accounts submitted for examination in accordance with subsection (3) shall be payable by the service provider who so submitted them for examination.]

F175[F174[(4A)] The Executive may make an arrangement for the provision of a health or personal social service in accordance with this section by seeking and accepting a tender for the provision of such services.

F174[(4B)] A service provider providing a service in accordance with F174[subsection (4A)] is exempt from the requirements of subsections (2) and (3).]

(5) The Executive may exempt from the requirements of subsection (3)—

(a) a service provider who in any one financial year receives from the Executive in respect of health and personal social services provided on behalf of the Executive a total sum that does not exceed the amount that may be determined by the Minister F172[or, in relation to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth], or

(b) such other categories of service providers as may be specified by the Minister F172[or, in relation to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth].

(6) The Executive may make such arrangements as it considers appropriate to monitor—

(a) the expenditure incurred in the provision of health or personal social services by service providers exempted under subsection (5), and

(b) the provision of those services by such service providers.

(7) The Executive may request from a service provider any information that it considers material to the provision of a health or personal social service by the service provider.

(8) A service provider shall comply with a request made under subsection (7) to the service provider.

F176[(9) At the request of the Minister or the Minister for Children, Equality, Disability, Integration and Youth, the Executive shall supply the Minister or, in relation to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, with any information obtained in response to a request made under subsection (7).]

39.— (1) The Executive may, subject to any directions given by the Minister under section 10 F177[or the Minister for Children, Equality, Disability, Integration and Youth under section 10C] and on such terms and conditions as it sees fit to impose, give assistance to any person or body that provides or proposes to provide a service similar or ancillary to a service that the Executive may provide.

(2) Assistance may be provided under this section in any of the following ways:

(a) by contributing to the expenses incurred by the person or body;

(b) by permitting the use by the person or body of premises maintained by the Executive and, where requisite, executing alterations and repairs to and supplying furniture and fittings for such premises;

(c) by providing premises (with all requisite furniture and fittings) for use by the person or body.

(3) Assistance may be provided to a person under this section whether or not the person is a service provider.

40.— (1) The Executive may accept gifts of money, land or other property on such trusts or conditions (if any) as may be specified by the donor.

(2) The Executive may not accept a gift if the trusts or conditions attaching to it would be inconsistent with the Executive's object or functions or with any obligations imposed on it under any enactment.

40A.— In this Part "document" means—

(a) a book, record or other written or printed material,

(b) a photograph,

(c) any information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in legible form, and

(d) any audio or video recording.]

F181[40B. — (1) The Executive shall—

(a) monitor and keep under review occurrences and developments concerning matters relating to its object and functions,

(b) without delay, furnish the Minister or, in relation to its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, with information regarding—

(i) any such occurrence or development that, in the opinion of the Executive, either Minister is likely to consider significant for the performance of his or her functions as appropriate (whether under this Act or otherwise), or

(ii) any other occurrence or development that falls within a class of occurrences or developments of public interest or concern that has been specified in writing by either Minister.

(2) The Minister or, in relation to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, may issue guidelines in relation to the furnishing of information under subsection (1), and if either such Minister does so, the Executive shall comply with those guidelines.]]

40C.— (1) The Minister may, where he or she considers it necessary in the public interest to do so for the performance of his or her functions (whether under this Act or otherwise), require the Executive to furnish him or her with such information or documents as he or she may specify that are in the Executive’s procurement, possession or control, and the Executive shall do so within any period that the Minister may specify and, in any event, without delay.

F183[(1A) The Minister for Children, Equality, Disability, Integration and Youth, in relation to the performance by the Executive of its specialist community-based disability services functions, may, where he or she considers it necessary in the public interest to do so for the performance of his or her functions (whether under this Act or otherwise), require the Executive to furnish him or her with such information or documents as he or she may specify that are in the Executive’s procurement, possession or control, and the Executive shall do so within any period that Minister may specify and, in any event, without delay.]

(2) Nothing contained in an enactment, and no rule of law, which would require obtaining the consent of a person in order for the Executive to furnish the Minister F184[or the Minister for Children, Equality, Disability, Integration and Youth] F185[…] with information or documents under this Part, shall operate to prohibit or render unlawful such furnishing, notwithstanding that no such consent has been obtained.

(3) Nothing contained in an enactment, and no rule of law, relating to the non-disclosure or confidentiality of information or documents, shall operate to prohibit the Executive from furnishing the Minister F184[or the Minister for Children, Equality, Disability, Integration and Youth] F185[…] with information or documents under this Part, or render such furnishing unlawful.

(4) Nothing contained in an enactment, and no rule of law, relating to the hearing of proceedings otherwise than in public shall operate to—

(a) prohibit the Executive from furnishing the Minister F184[or the Minister for Children, Equality, Disability, Integration and Youth] F185[…], under this Part, with information or documents prepared in relation to, or given in evidence in, such proceedings, whether the proceedings were brought before or after the commencement of this Part, or

(b) render such furnishing unlawful.]

40D.— (1) Where the Minister F187[or the Minister for Children, Equality, Disability, Integration and Youth] has appointed a person to examine or inquire into any matter, and considers that any information or document that has been furnished F188[to him or her] under section 40B or 40C may be relevant to that examination or inquiry, the Minister F187[or the Minister for Children, Equality, Disability, Integration and Youth] may furnish that information or document to the person, and that person may receive that information or document.

F188[(1A) F189[…]]

(2) Nothing contained in an enactment, and no rule of law, which would require obtaining the consent of another person in order for F190[the Minister F187[or the Minister for Children, Equality, Disability, Integration and Youth] to furnish a person referred to in subsection (1) with information] or documents under this Part, shall operate to prohibit or render unlawful such furnishing, notwithstanding that no such consent has been obtained.

(3) Nothing contained in an enactment, and no rule of law, relating to the non-disclosure or confidentiality of information or documents, shall operate to prohibit F190[the Minister F187[or the Minister for Children, Equality, Disability, Integration and Youth] from furnishing a person referred to in subsection (1) with information] or documents under this Part, or render such furnishing unlawful.

(4) Nothing contained in an enactment, and no rule of law, relating to the hearing of proceedings otherwise than in public shall operate to—

(a) prohibit F190[the Minister F187[or the Minister for Children, Equality, Disability, Integration and Youth] from furnishing a person referred to in subsection (1) with information] or documents prepared in relation to, or given in evidence in, such proceedings, whether the proceedings were brought before or after the commencement of this Part, or

(b) render such furnishing unlawful.]

40E.— (1) Subject to subsection (2), the Minister F192[or the Minister for Children, Equality, Disability, Integration and Youth] may use information and documents furnished F193[to him or her] under this Part as he or she requires for the performance of his or her functions (whether under this Act or otherwise).

F193[(1A) F194[…].]

(2) Where information or a document has been furnished under section 40B or 40C, nothing in this Part is to be taken to permit publication, in whole or in part, of the information or document if such publication would not otherwise be lawful.]

F196[40F.—Nothing in this Part is to be taken to limit any power of the Minister or, in relation to the performance by the Executive of its specialist community‑based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, to require information from or issue directions to the Executive (whether under this Act or otherwise), or to affect, except to the extent required by this Part, the functions of the Executive, the Minister or the Minister for Children, Equality, Disability, Integration and Youth.]]