Health Act 2004

Number 42 of 2004

HEALTH ACT 2004

REVISED

Updated to 1 March 2023

This Revised Act is an administrative consolidation of the Health Act 2004. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), enacted 1 March 2023, and all statutory instruments up to and including the Appointment of Special Advisers (Minister for Children, Equality, Disability, Integration and Youth) Order 2023 (S.I. No. 115 of 2023), made 28 February 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 42 of 2004


HEALTH ACT 2004

REVISED

Updated to 1 March 2023


ARRANGEMENT OF SECTIONS

PART 1

Preliminary Matters

Section

1.

Short title, collective citation and construction.

2.

Interpretation.

3.

Commencement.

4.

Establishment day.

5.

Expenses.

5A.

Expenses of the Executive.

PART 2

Establishment and Functions of the Health Service Executive

6.

Establishment of Executive.

7.

Object and functions of Executive.

8.

Agreements between Executive and public authorities concerning performance of functions.

9.

Informal arrangements between Executive and local authorities concerning performance of functions.

10.

Directions from Minister.

10A.

Settings of priorities by Minister.

10AA.

Health needs assessment.

10B.

Limitation as to exercise of powers under sections 10 and 10A.

10C.

Directions from Minister for Children, Equality, Disability, Integration and Youth.

10D.

Setting of priorities by Minister for Children, Equality, Disability, Integration and Youth

10E.

Limitation as to exercise of powers under sections 10C and 10D

PART 3

The Board of the Health Service Executive

11.

Membership of Board. (Repealed)

12.

Role of Board. (Repealed)

13.

Conditions of office. (Repealed)

14.

Removal of members from office. (Repealed)

15.

Committees of Board. (Repealed)

16.

Remuneration and expenses of members of Board and committees. (Repealed)

PART 3A

Chief Executive Officer

16A.

Directorate of Executive. (Repealed)

16B.

Term of office of appointed director. (Repealed)

16C.

Role of Directorate. (Repealed)

16D.

Appointed directors — eligibility for appointment and removal from office. (Repealed)

16E.

Appointment of Director General. (Repealed)

16F.

Eligibility for appointment as Director General. (Repealed)

16G.

General functions of Director General. (Repealed)

16H.

Delegation of functions by Director General. (Repealed)

16I.

Attendance by Director General before Oireachtas Committees. (Repealed)

16J.

Accountability of appointed directors to Director General for the performance of their functions as employees of Executive. (Repealed)

16K.

Meetings and procedure of Directorate. (Repealed)

16L.

Vacancies in membership of Directorate. (Repealed)

16M.

Committees of Directorate. (Repealed)

PART 3B

Chief Executive Officer

16N.

Membership of Board.

16O.

Casual vacancies.

16P.

Functions of Board.

16Q.

Membership of either House of Oireachtas or European Parliament.

16R.

Removal of member of Board.

16S.

Removal of all members of Board from office.

16T.

Committees of Board.

16U.

Remuneration and expenses of members of Board and committees.

PART 4

Chief Executive Officer

17.

Appointment of chief executive officer. (Repealed)

18.

Functions of chief executive officer and their performance by deputy. (Repealed)

19.

Delegation of functions. (Repealed)

20.

Chief executive officer to be accounting officer. (Repealed)

21.

Attendance of chief executive officer before Oireachtas Committees. (Repealed)

PART 4A

Chief Executive Officer

21A.

Appointment of chief executive officer.

21B.

Resignation, removal or disqualification of chief executive officer.

21C.

Functions of chief executive officer.

21D.

Delegation and subdelegation of functions.

21E.

Accountability of chief executive officer to committees of Houses of Oireachtas.

21F.

Membership of either House of Oireachtas or European Parliament.

21G.

Acting chief executive officer.

PART 5

Employees and Advisers

22.

Employees of Executive.

23.

Superannuation.

24.

Advisers.

PART 6

Standards and Disqualifications

25.

Standards of integrity.

26.

Unauthorised disclosure of confidential information.

27.

Disqualification resulting from membership of either House of Oireachtas, European Parliament or local authority.

PART 7

Accountability

28.

Interpretation (Part 7).

29.

Executive to prepare and submit corporate plan for Minister's approval.

30.

Publication and implementation of approved corporate plan.

30A.

Minister to determine net non-capital expenditure of Executive.

30B.

Minister for Children, Equality, Disability, Integration and Youth to determine net non‑capital expenditure of Executive.

31.

Executive to prepare and submit service plan for Minister's approval.

32.

Amendment of approved service plan.

33.

Implementation of approved service plan.

33A.

Power of Minister to make grants to Executive

33B.

Determination by Minister of capital funding and submission by Executive of capital plans

34.

Minister's permission needed for major capital spending. (Repealed)

34A.

Functions of Director General under this Part

34B.

Appearance of Director General before Committee of Public Accounts

35.

Code of governance.

36.

Accounts of Executive.

37.

Annual report.

38.

Arrangements with service providers.

39.

Assistance for certain bodies.

40.

Gifts.

PART 7A

furnishing of information and documents

40A.

Definition.

40B.

Duty of Executive to furnish information.

40C.

Requirement to furnish information and documents.

40D.

Minister may share information and documents in certain circumstances.

40E.

Use of information and documents.

40F.

Saver.

PART 7B

Accounting officer and audit committee

40G.

Director General to be accounting officer of Executive for specified period.

40H.

Audit committee.

40HA.

Provisions supplementary to section 40H

40I.

Functions of audit committee.

PART 8

Public Representation and User Participation

41.

National Health Consultative Forum.

42.

Regional health forums.

43.

Mechanisms (including advisory panels) to enable Executive to consult with local communities and others.

44.

Other advisory panels to be established on Minister's direction.

PART 9

Complaints

45.

Definitions (Part 9).

46.

Who may make complaints.

47.

Time limit for making complaints.

48.

Matters excluded from right to complain.

49.

Complaint and review procedures to be established.

50.

Refusal to investigate or further investigate complaints.

51.

Restriction on type of recommendations complaints officers may make and power to suspend implementation of recommendations.

52.

Adherence to complaint and review procedures to be condition of arrangements with service providers.

53.

Minister to make regulations for purposes of this Part.

54.

Referral of complaints to Ombudsman or Ombudsman for Children.

55.

Annual report to include report on complaints and reviews.

PART 9A

Protected Disclosures of Information

55A.

Definition of expressions in this Part.

55B.

Protected disclosure of information by an employee of a relevant body.

55C.

Protected disclosure of information by an employee of a designated centre.

55D.

Protected disclosure of information by an employee of a mental health service provider.

55E.

Protected disclosure of information in relation to regulated professions.

55F.

Applications and complaints about health professionals to be protected disclosures.

55G.

Protected disclosure of information: monitoring, investigations and inspections.

55H.

Duty of relevant body to establish procedures.

55I.

Adherence to procedures governing protected disclosure of information to be a condition of arrangements made by the Executive.

55J.

Duties in respect of protected disclosures.

55K.

Disclosure to a Scheduled body.

55L.

Protection from civil liability of persons who have made a protected disclosure.

55M.

Protection of employees from penalisation for having made a protected disclosure.

55N.

Proceedings before Labour Court. (Repealed)

55O.

Enforcement of determinations of Labour Court. (Repealed)

55P.

Evidence of failure to attend before or give evidence or produce documents to Labour Court. (Repealed)

55Q.

Interpretation of "penalise".

55R.

Continuity of employer’s business.

55S.

Making false reports.

55T.

Saver.

PART 10

Dissolution of Certain Health Bodies and the Transfer of their Functions and Employees, etc., to the Executive

56.

Definitions (Part 10).

57.

Dissolution of Comhairle na nOspidéal and transfer of its functions.

58.

Dissolution of health boards and other specified bodies.

59.

Transfer of functions of specified bodies to Executive.

60.

Transfer of employees of specified bodies to Executive.

61.

Transfer of pension liabilities relating to former employees of specified bodies.

62.

Transfer of property and liabilities to Executive.

63.

Preservation of contracts, etc., and adaptation of references.

64.

Pending legal proceedings.

65.

Preservation of orders, notices, rules, records, etc.

66.

References to specified bodies.

67.

Functional areas of dissolved health boards.

68.

References to chief executives of dissolved health boards. (Repealed)

69.

References to deputy chief executives of dissolved health boards. (Repealed)

70.

Dissolution of bodies established under Health (Corporate Bodies) Act 1961. (Repealed)

71.

Final accounts of specified bodies and other dissolved bodies.

72.

Executive to prepare final annual report for specified bodies and other dissolved bodies.

PART 11

Repeals, Transitional Provisions and Amendment of Other Acts

73.

Repeals and revocations.

74.

Savings and transitional provisions.

75.

Amendment of other Acts.

PART 12

Miscellaneous Provisions

76.

Effect of delegation and subdelegation of functions.

77.

Certificate evidence concerning delegation of functions.

78.

General power to make regulations and orders.

79.

Regulations relating to members of either House of Oireachtas.

80.

Laying of regulations and orders before Houses of Oireachtas.

81.

Savers.

82.

Offences.

83.

References to Board and chief executive officer.

SCHEDULE 1

Acts Referred to in Definition of Health and Personal Social Services

SCHEDULE 2

Miscellaneous Provisions Relating to the Executive and the Board

SCHEDULE 2A

Bodies and office-holders referred to in Part 9A as Scheduled Bodies

SCHEDULE 3

Transfer of Functions and References to Functional Areas

SCHEDULE 4

Repeals and Revocations

SCHEDULE 5

Savings and Transitional Provisions

SCHEDULE 6

Amendment of Other Acts

SCHEDULE 7


Acts Referred to

Adoption Act 1952

1952, No. 25

Adoption Act 1988

1988, No. 30

Adoption Act 1991

1991, No. l4

Adoption Act 1998

1998, No. 10

Adoption Acts 1952 to 1988

 

Adoption Acts 1952 to 1998

 

Adoptive Leave Act 1995

1995, No. 2

Births and Deaths Registration Acts 1863 to 1996

 

Blind Persons Act 1920

1920, c.49

Carer's Leave Act 2001

2001, No. l9

Child Abduction and Enforcement of Custody Orders Act 1991

1991, No. 6

Child Care Act 1991

1991, No. l7

Child Care Acts 1991 and 2001

 

Children Act 1997

1997, No. 40

Children Act 2001

2001, No. 24

Children Acts 1908 and 1989

 

Civil Registration Act 2004

2004, No. 3

Committees of the Houses of the Oireachtas (Compellability, Privileges and lmmunities of Witnesses) Act 1997

1997, No. l7

Companies Act 1990

1990, No. 33

Comptroller and Auditor General Acts 1866 to 1998

 

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Data Protection Acts 1988 and 2003

 

Dentists Act 1985

1985, No. 9

Domestic Violence Act 1996

1996, No. 1

Domestic Violence Acts 1996 and 2002

 

Education Act l998

1998, No. 51

Education (Welfare) Act 2000

2000, No. 22

Education for Persons with Special Educational Needs Act 2004

2004, No. 30

Ethics in Public Office Act 1995

1995, No. 22

European Communities Act 1972

1972, No. 27

European Parliament Elections Act 1997

1997, No. 2

Family Law Act 1995

1995, No. 26

Family Law (Miscellaneous Provisions) Act 1997

1997, No. 18

Family Law (Maintenance of Spouses and Children) Act 1976

1976, No. 11

Finance Acts 1989 to 2002

 

Freedom of Information Act 1997

1997, No. 13

Freedom of Information Acts 1997 and 2003

 

Food Safety Authority of Ireland Act 1998

1998, No. 29

Guardianship of Infants Act 1964

1964, No. 7

Harbours Act 1946

1946, No. 9

Health Act 1947

1947, No. 28

Health Act 1953

1953, No. 26

Health Act 1970

1970, No. 1

Health Acts 1947 to 1953

 

Health Acts 1947 to 2001

 

Health (Amendment) Act 2004

2004, No. l9

Health (Amendment) (No. 3) Act 1996

1996, No. 32

Health (Corporate Bodies) Act 1961

1961, No. 27

Health (Eastern Regional Health Authority) Act 1999

1999, No. 13

Health (Miscellaneous Provisions) Act 2001

2001, No. l4

Health (Nursing Homes) Act 1990

1990, No. 23

Housing Act 1988

1988, No. 28

Housing Acts 1966 to 2002

 

Housing (Miscellaneous Pro visions) Act 1997

1997, No. 21

Housing (Traveller Accommodation) Act 1998

1998, No. 33

Immigration Act 1999

1999, No. 22

Immigration Act 2003

2003, No. 26

International Carriage of Perishable Foodstuffs Act 1987

1987, No. 20

Irish Medicines Board Act 1995

1995, No. 29

Licensing of Indoor Events Act 2003

2003, No. 15

Local Authorities (Officers and Employees) Act 1926

1926, No. 39

Local Government Act 2001

2001, No. 37

Maternity Protection Act 1994

1994, No. 34

Marriages (Ireland) Act 1844

1844, c. 81

Medical Practitioners Acts 1978 to 2002

 

Mental Health Act 2001

2001, No. 25

Mental Health Acts 1945 to 2001

 

Minimum Notice and Terms of Employment Acts 1973 to 2001

 

Misuse of Drugs Act 1977

1977, No. 12

Misuse of Drugs Act 1984

1984, No. 18

Misuse of Drugs Acts 1977 and 1984

 

National Beef Assurance Scheme Act 2000

2000, No. 2

National Development Finance Agency Act 2002

2002, No. 29

Notification of Births Acts 1907 and 1915

 

Nurses Act 1985

1985, No. l8

Ombudsman Act 1980

1980, No. 26

Ombudsman Acts 1980 to 1984

 

Ombudsman for Children Act 2002

2002, No. 22

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Act 1998

1998, No. 30

Protection of Children (Hague Convention) Act 2000

2000, No. 37

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Protection of the Environment Act 2003

2003, No. 27

Protections for Persons Reporting Child Abuse Act 1998

1998, No. 49

Poisons Act 1961

1961, No. 12

Public Health (Tobacco) Act 2002

2002, No. 6

Public Health (Tobacco) (Amendment) Act 2004

2004, No. 6

Public Health (Tobacco) Acts 2002 and 2004

 

Public Service Management (Recruitment and Appointments) Act 2004

2004, No. 33

Rats and Mice (Destruction) Act 1919

1919, c. 72

Redundancy Payments Acts 1967 to 2003

 

Refugee Act 1996

1996, No. 17

Registration of Marriages (Ireland) Act 1863

1863, c. 90

Registration of Maternity Homes Act 1934

1934, No. 14

Residential Tenancies Act 2004

2004, No. 27

Sex Offenders Act 2001

2001, No. 18

Social Welfare Acts

 

Standards in Public Office Act 2001

2001, No. 31

State Lands (Workhouses) Act 1930

1930, No. 9

State Lands (Workhouses) Act 1962

1962, No. 8

Tobacco (Health Promotion and Protection) Act 1988

1988, No. 24

Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act 1978

1978, No. 27

Unfair Dismissals Act 1977

1977, No. 10

Unfair Dismissals Acts 1977 to 2001

 

Unfair Dismissals (Amendment) Act 1993

1993, No. 22

Vocational Education Act 1930

1930, No. 29

Youth Work Act 2001

2001, No. 42


Number 42 of 2004


HEALTH ACT 2004

REVISED

Updated to 1 March 2023


AN ACT TO ESTABLISH A BODY TO BE KNOWN AS FEIDHMEANNACHT NA SEIRBHÍSE SLÁINTE OR IN THE ENGLISH LANGUAGE AS THE HEALTH SERVICE EXECUTIVE AND TO PROVIDE FOR THE DISSOLUTION OF THE EASTERN REGIONAL HEALTH AUTHORITY, THE NORTHERN AREA HEALTH BOARD, THE EAST COAST AREA HEALTH BOARD, THE SOUTHWESTERN AREA HEALTH BOARD, THE HEALTH BOARDS ESTABLISHED UNDER THE HEALTH ACT 1970 AND CERTAIN OTHER BODIES; TO PROVIDE FOR THE TRANSFER OF THE FUNCTIONS OF THE DISSOLVED BODIES AND THEIR EMPLOYEES TO THE HEALTH SERVICE EXECUTIVE; TO ESTABLISH MECHANISMS FOR INVOLVING PUBLIC REPRESENTATIVES, USERS OF HEALTH AND PERSONAL SOCIAL SERVICES AND OTHER MEMBERS OF THE PUBLIC IN MATTERS RELATING TO THOSE SERVICES; TO ESTABLISH A STATUTORY FRAMEWORK FOR HANDLING CERTAIN COMPLAINTS RELATING TO HEALTH AND PERSONAL SOCIAL SERVICES; TO ESTABLISH MECHANISMS FOR THE FUTURE DISSOLUTION OF CERTAIN OTHER HEALTH BODIES AND FOR THE TRANSFER OF THEIR FUNCTIONS AND EMPLOYEES TO THE HEALTH SERVICE EXECUTIVE; AND TO PROVIDE FOR RELATED MATTERS. [17th December, 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Functions transferred and references construed (1.03.2023) by Specialist Community-Based Disability Services (Transfer of Departmental Administration and Ministerial Functions) Order 2022 (S.I. No. 688 of 2022), arts. 2, 3, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.

2. In this Order, “relevant function” means –

(a) any function transferred by Article 4 of this Order, and

(b) any function transferred to the Minister for Children, Equality, Disability, Integration and Youth by –

(i) the Health Act 2004 (No. 42 of 2004),

(ii) the Disability Act 2005 (No. 14 of 2005),

(iii) the Health Act 2007 (No. 23 of 2007),

in so far only as the function consists of, or is connected with, specialist community-based disability services, within the meaning of the Health Act 2004, or any such other function otherwise assigned to that Minister by any of those Acts.

3. (1) The administration and business in connection with the exercise, performance or execution of any relevant function are transferred to the Department of Children, Equality, Disability, Integration and Youth.

(2) References to the Department of Health contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children, Equality, Disability, Integration and Youth.

...

PART 1

Preliminary Matters

Section 1

Short title, collective citation and construction.

1

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.

Section 2

Interpretation.

2

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.

Annotations

Amendments:

F1

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 4, S.I. No. 275 of 2013.

F2

Deleted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 4(f), S.I. No. 283 of 2019.

F3

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 4(b), (c), (d), (e), S.I. No. 283 of 2019.

F4

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 4(a), S.I. No. 283 of 2019.

F5

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 3, S.I. No. 666 of 2022.

F6

Substituted by Health Act 2007 (23/2007), ss. 3, 105 & sch. 2 part 4, item 1, not commenced as of date of revision.

Modifications (not altering text):

C2

Prospective affecting provision: application of section extended by Nurses and Midwives Act 2011 (41/2011), s. 84(5), not commenced as of date of provision.

Duties of Health Service Executive in relation to education and training of nurses and midwives.

84.— ...

(5) Specialist nursing and midwifery education and training shall, for the purposes of sections 38 and 39 of the Health Act 2004, be deemed to be a health and personal social service within the meaning of section 2 of that Act.

...

C3

Functions transferred and reference construed (1.03.2023) by Specialist Community-Based Disability Services (Transfer of Departmental Administration and Ministerial Functions) Order 2022 (S.I. No. 688 of 2022), arts. 2, 3, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.

2. In this Order, “relevant function” means –

(a) any function transferred by Article 4 of this Order, and

(b) any function transferred to the Minister for Children, Equality, Disability, Integration and Youth by –

(i) the Health Act 2004 (No. 42 of 2004),

(ii) the Disability Act 2005 (No. 14 of 2005),

(iii) the Health Act 2007 (No. 23 of 2007),

in so far only as the function consists of, or is connected with, specialist community-based disability services, within the meaning of the Health Act 2004, or any such other function otherwise assigned to that Minister by any of those Acts.

3. (1) The administration and business in connection with the exercise, performance or execution of any relevant function are transferred to the Department of Children, Equality, Disability, Integration and Youth.

(2) References to the Department of Health contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children, Equality, Disability, Integration and Youth.

...

C4

Prospective affecting provision: definition of "service provider" substituted by Health Act 2007 (23/2007), ss. 3, 105 and sch. 2 part 4 item 1, not commenced as of date of revision.

F6[service provider means a person who—

(a) enters into an arrangement under section 38 to provide a health or personal social service on behalf of the Executive, or

(b) is in receipt of assistance under—

(i) section 39 in an amount that exceeds an amount prescribed for the purposes of paragraph (b)(i) of the definition of "service provider" in section 2 of the Health Act 2007, or

(ii) section 10 of the Child Care Act 1991 in an amount that exceeds an amount prescribed for the purposes of paragraph (b)(ii) of the definition of "service provider" in section 2 of the Health Act 2007;]

C5

Application of section extended (31.12.2008) by Medical Practitioners Act 2007 (25/2007), s. 86(6), S.I. No. 554 of 2008.

Duties of Health Service Executive in relation to medical and dental education and training.

86.— ...

(6) Specialist medical and dental education and training shall, for the purposes of sections 38 and 39 of the Health Act 2004 , be deemed to be a health and personal social service within the meaning of section 2 of that Act.

...

Editorial Notes:

E1

Previous affecting provision: definition of appointed director inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 4, S.I. No. 275 of 2013; deleted as per F-note above.

Section 3

Commencement.

3

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.

Annotations

Editorial Notes:

E2

Commencement information in relation to this Act, ordered by section, is available at https://www.irishstatutebook.ie/eli/isbc/2022_6.html.

E3

Power pursuant to section exercised (1.01.2007) by Health Act 2004 (Commencement) Order 2006 (S.I. No. 651 of 2006).

2. The 1st day of January 2007 is appointed as the day on which Part 9 of the Health Act 2004 (No. 42 of 2004) comes into operation.

E4

Power pursuant to section exercised (12.12.2005) by Health Act 2004 (Commencement) Order 2005 (S.I. No. 796 of 2005).

2. Sections 42 and 79 of the Health Act 2004 (No. 42 of 2004) are hereby commenced.

E5

Power pursuant to section exercised (1.01.2005) by Health Act 2004 (Commencement) (No. 2) Order 2004 (S.I. No. 887 of 2004).

2. The 1st day of January 2005 is appointed as the day on which the following provisions of the Health Act 2004 (No. 42 of 2004) come into operation:

(a) Part 2;

(b) Part 3 and Schedule 2;

(c) Part 4 (other than subsections (4) and (5)(a) of section 17);

(d) Parts 5, 6 and 7 (other than section 37(2)(f));

(e) Part 8 (other than section 42);

(f) Part 10 and Schedule 3;

(g) section 73 and Schedule 4;

(h) section 74 and Schedule 5;

(i) section 75 and Schedule 6, in so far as those provisions relate to the enactments specified in Schedule 6 (other than the Health (Corporate Bodies) Act 1961 );

(j) section 75 and Schedule 7, in so far as those provisions relate to the enactments specified in Schedule 7;

(k) Part 12 (other than section 79).

E6

Power pursuant to section exercised (23.12.2004) by Health Act 2004 (Commencement) Order 2004 (S.I. No. 886 of 2004).

2. The 23rd day of December, 2004 is appointed as the day on which the following provisions of the Health Act 2004 (No. 42 of 2004) come into operation:

(a) Part 1 and Schedule 1;

(b) subsections (4) and (5)(a) of section 17;

(c) section 75 and Schedule 6 in so far as those provisions relate to the amendment of the Health (Corporate Bodies) Act 1961.

Section 4

Establishment day.

4

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

Annotations

Editorial Notes:

E7

Power pursuant to section exercised (1.01.2005) by Health Act 2004 (Establishment Day) Order 2004 (S.I. No. 885 of 2004).

Section 5A 5

Expenses.

5A
5

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.

Annotations

Amendments:

F7

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 4, S.I. No. 666 of 2022.

Section

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.]

Annotations

Amendments:

F8

Inserted (15.05.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 4 item 2, S.I. No. 226 of 2007.

F9

Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 4, commenced on enactment.

Modifications (not altering text):

C6

Functions transferred and references to "Department of Finance" and "Minister for Finance" construed (20.09.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011), regs. 2, 3, 4 and sch., in effect as per reg. 1(2).

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

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

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

(a) the provisions of the enactments specified in the Schedule, and

(b) Article 23(1) and (3) of the Drug Treatment Centre Board (Establishment) Order 1988 ( S.I. No. 76 of 1988 ),

are transferred to the Minister for Public Expenditure and Reform.

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

...

SCHEDULE

Enactments

...

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 42 of 2004

Health Act 2004

Section 5A

...

...

...

PART 2

Establishment and Functions of the Health Service Executive

Section 6

Establishment of Executive.

6

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.

Section 7

Object and functions of Executive.

7

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.

Annotations

Amendments:

F10

Deleted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 5(a), S.I. No. 666 of 2022.

F11

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 5(b), S.I. No. 666 of 2022.

F12

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 5(c), S.I. No. 666 of 2022.

F13

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 5, S.I. No. 283 of 2019.

F14

Deleted (15.05.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 4 item 3, S.I. No. 226 of 2007.

F15

Substituted (15.05.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 4 item 3, S.I. No. 226 of 2007.

F16

Inserted (15.05.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 4 item 3, S.I. No. 226 of 2007.

Modifications (not altering text):

C7

Prospective affecting provision: provision for the Health Service Executive to facilitate education and training in accordance with subs. (4)(b) made by Nurses and Midwives Act 2011 (41/2011), s. 84(1), not commenced as of date of revision.

Duties of Health Service Executive in relation to education and training of nurses and midwives.

84.— (1) The Health Service Executive, in accordance with section 7(4)(b) of the Health Act 2004 , shall, as far as practicable, facilitate the education and training of candidates.

...

C8

Provision for the Health Service Executive to facilitate education and training in accordance with subs. (4)(b) made (31.12.2008) by Medical Practitioners Act 2007 (25/2007), s. 86(2), S.I. No. 554 of 2008.

Duties of Health Service Executive in relation to medical and dental education and training.

86.— ...

(2) The Health Service Executive, in accordance with section 7 (4)(b) of the Health Act 2004, shall, with respect to basic medical education and training, facilitate the education and training of students training to be registered medical practitioners.

Editorial Notes:

E8

Health Service Executive included in definition of public authority (16.03.2013) by European Communities (Late Payment in Commercial Transactions) Regulations 2012 (S.I. No. 580 of 2012), reg. 2(1), in effect as per reg. 1(2).

Section 8

Agreements between Executive and public authorities concerning performance of functions.

8

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.

Annotations

Editorial Notes:

E9

Performance of reserved function under section restricted (1.06.2014) by Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014), regs. 6-10, in effect as per reg. 2.

E10

Function under section designated a reserved function (1.01.2014) by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 ref. no. 99, as inserted (1.01.2014) by Local Government Reform Act 2014 (1/2014), s. 21(4) and sch. 3, S.I. No. 214 of 2014.

Section 9

Informal arrangements between Executive and local authorities concerning performance of functions.

9

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.

Section 10

Directions from Minister.

10

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.]

Annotations

Amendments:

F17

Substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 5(a), S.I. No. 275 of 2013.

F18

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 6(a)(i), (ii), (b)(i), (ii), S.I. No. 283 of 2019.

F19

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 6(b)(iii), S.I. No. 283 of 2019.

F20

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 6(c), (d), (e), S.I. No. 283 of 2019.

F21

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 5(b), S.I. No. 275 of 2013.

Section 10A

F22[Setting of priorities by Minister.

10A

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.]

Annotations

Amendments:

F22

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 6, S.I. No. 275 of 2013.

F23

Deleted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 19 item 1, S.I. No. 502 of 2013.

Section 10AA

F24[Health needs assessment

10AA

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.]

Annotations

Amendments:

F24

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019(17/2019), s. 7, S.I. No. 283 of 2019.

F25

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 6(a), (b), S.I. No. 666 of 2022.

F26

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 6(c), (d), (e), S.I. No. 666 of 2022.

F27

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 6(f)(i), (ii), (g)(i), S.I. No. 666 of 2022.

F28

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 6(g)(ii), S.I. No. 666 of 2022.

Editorial Notes:

E11

The section heading is taken from the amending section in absence of one included in the amendment.

Section 10B

Limitation as to exercise of powers under sections 10 and 10A.

10B

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).

Annotations

Amendments:

F29

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 6, S.I. No. 275 of 2013.

F30

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 8, S.I. No. 283 of 2019.

Section 10C

F31[Directions from Minister for Children, Equality, Disability, Integration and Youth

10C

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.]

Annotations

Amendments:

F31

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 7, S.I. No. 666 of 2022.

Editorial Notes:

E12

The section heading is taken from the amending section in absence of one included in the amendment.

Section

F32[Setting of priorities by Minister for Children, Equality, Disability, Integration and Youth

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.]

Annotations

Amendments:

F32

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 8, S.I. No. 666 of 2022.

Editorial Notes:

E13

The section heading is taken from the amending section in absence of one included in the amendment.

Section

F33[Limitation as to exercise of powers under sections 10C and 10D

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).]

Annotations

Amendments:

F33

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 9, S.I. No. 666 of 2022.

Editorial Notes:

E14

The section heading is taken from the amending section in absence of one included in the amendment.

PART 3

The Board of the Health Service Executive

Section 11

Membership of Board. Role of Board.

11

11.— F34[]

Annotations

Amendments:

F34

Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

Section 12

Role of Board.

12

12.— F35[]

Annotations

Amendments:

F35

Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

Section 13

Condition of office

13

13.— F36[]

Annotations

Amendments:

F36

Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

Section 14

Removal of members from office

14

14.— F37[]

Annotations

Amendments:

F37

Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

Section 15

Committees of Board

15

15.— F38[]

Annotations

Amendments:

F38

Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

Section 16

Remuneration and expenses of members of Board and committees.

16

16.— F39[]

Annotations

Amendments:

F39

Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

F40[PART 3A

DIRECTORATE AND DIRECTOR GENERAL OF HEALTH SERVICE EXECUTIVE]

Annotations

Amendments:

F40

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

Section 16A

F41[Directorate of Executive.

16A

16A.— F42[]]

Annotations

Amendments:

F41

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F42

Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16B

F43[Term of office of appointed director.

16B

16B.— F44[]]

Annotations

Amendments:

F43

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F44

Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16C

F45[Role of Directorate.

16C

16C.— F46[]]

Annotations

Amendments:

F45

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F46

Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16D

F47[Appointed directors — eligibility for appointment and removal from office.

16D

16D.— F48[]]

Annotations

Amendments:

F47

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F48

Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16E

F49[Appointment of Director General.

16E

16E.— F50[]]

Annotations

Amendments:

F49

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F50

Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16E

F51[Eligibility for appointment as Director General.

16E

16F.— F52[]]

Annotations

Amendments:

F51

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F52

Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16G

F53[General functions of Director General.

16G

16G.— F54[]]

Annotations

Amendments:

F53

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F54

Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Editorial Notes:

E15

Previous affecting provision: subs. (3) substituted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 5, commenced on enactment; section repealed as per F-note above.

Section 16H

F55[Delegation of functions by Director General.

16H

16H.— F56[]]

Annotations

Amendments:

F55

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F56

Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16I

F57[Attendance by Director General before Oireachtas Committees.

16I

16I.— F58[]]

Annotations

Amendments:

F57

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F58

Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16J

F59[Accountability of appointed directors to Director General for the performance of their functions as employees of Executive.

16J

16J.— F60[]]

Annotations

Amendments:

F59

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F60

Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16K

F61[Meetings and procedure of Directorate.

16K

16K.— F62[]]

Annotations

Amendments:

F61

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F62

Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16L

F63[Vacancies in membership of Directorate.

16L

16L.— F64[]]

Annotations

Amendments:

F63

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F64

Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16M

F65[Committees of Directorate.

16M

16M.— F66[]]

Annotations

Amendments:

F65

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F66

Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

F67[Part 3B

Board of Executive]

Annotations

Amendments:

F67

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 9, S.I. No. 283 of 2019.

Section 16N

F68[Membership of Board

16N

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.]

Annotations

Amendments:

F68

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 9, S.I. No. 283 of 2019.

F69

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 10(a)(i)-(iii), S.I. No. 666 of 2022.

F70

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 10(b), (c), (d), S.I. No. 666 of 2022.

F71

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 10(e), (f), (g), S.I. No. 666 of 2022.

Section 16O

F72[Casual vacancies

16O

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.]

Annotations

Amendments:

F72

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 9, S.I. No. 283 of 2019.

F73

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 11(a), (b), S.I. No. 666 of 2022.

Section 16P

F74[Functions of Board

16P

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.]]

Annotations

Amendments:

F74

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 9, S.I. No. 283 of 2019.

F75

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 12(a), (b), (c), S.I. No. 666 of 2022.

Section 16Q

F76[Membership of either House of Oireachtas or European Parliament

16Q

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.]

Annotations

Amendments:

F76

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 9, S.I. No. 283 of 2019.

Section 16R

F77[Removal of member of Board

16R

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.]

Annotations

Amendments:

F77

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 9, S.I. No. 283 of 2019.

F78

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 13(a), (b), S.I. No. 666 of 2022.

Section 16S

F79[Removal of all members of Board from office

16S

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).]

Annotations

Amendments:

F79

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 9, S.I. No. 283 of 2019.

F80

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 14(a)(i), (ii), (iii), S.I. No. 666 of 2022.

F81

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 14(b)(i), (ii), S.I. No. 666 of 2022.

Section 16T

F82[Committees of Board

16T

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).]

Annotations

Amendments:

F82

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 9, S.I. No. 283 of 2019.

Section 16U

F83[Remuneration and expenses of members of Board and committees

16U

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.]

Annotations

Amendments:

F83

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 9, S.I. No. 283 of 2019.

F84

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 15, S.I. No. 666 of 2022.

PART 4

Chief Executive Officer

Section 17

Appointment of chief executive officer.

17

17.— F85[]

Annotations

Amendments:

F85

Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

Section 18

Functions of chief executive officer and their performance by deputy.

18

18.— F86[]

Annotations

Amendments:

F86

Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

Section 19

Delegation of functions.

19

19.— F87[]

Annotations

Amendments:

F87

Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

Section 20

Chief executive officer to be accounting officer.

20

20.— F88[]

Annotations

Amendments:

F88

Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

Section 21

Attendance of chief executive officer before Oireachtas Committees.

21

21.— F89[]

Annotations

Amendments:

F89

Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

F90[Part 4A

Chief Executive Officer]

Annotations

Amendments:

F90

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 10, S.I. No. 283 of 2019.

Section 21A

F91[Appointment of chief executive officer

21A

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.]

Annotations

Amendments:

F91

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 10, S.I. No. 283 of 2019.

F92

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 16, S.I. No. 666 of 2022.

Section 21B

F93[Resignation, removal or disqualification of chief executive officer

21B

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.]

Annotations

Amendments:

F93

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 10, S.I. No. 283 of 2019.

Section 21C

F94[Functions of chief executive officer

21C

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.]

Annotations

Amendments:

F94

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 10, S.I. No. 283 of 2019.

F95

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 17, S.I. No. 666 of 2022.

Section 21D

F96[Delegation and subdelegation of functions

21D

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.]

Annotations

Amendments:

F96

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 10, S.I. No. 283 of 2019.

Section 21E

F97[Accountability of chief executive officer to committees of Houses of Oireachtas

21E

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).]

Annotations

Amendments:

F97

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 10, S.I. No. 283 of 2019.

Section 21F

F98[Membership of either House of Oireachtas or European Parliament

21F

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.]

Annotations

Amendments:

F98

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 10, S.I. No. 283 of 2019.

Section 21G

F99[Acting chief executive officer

21G

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.]

Annotations

Amendments:

F99

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 10, S.I. No. 283 of 2019.

PART 5

Employees and Advisers

Section 22

Employees of Executive.

22

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.]

Annotations

Amendments:

F100

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 18, S.I. No. 666 of 2022.

F101

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 11, S.I. No. 283 of 2019.

Section 23

Superannuation.

23

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.

Annotations

Amendments:

F102

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 12(a), (b), S.I. No. 283 of 2019.

F103

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 19(a), (b), S.I. No. 666 of 2022.

Editorial Notes:

E16

Power pursuant to section exercised (1.01.2005) by Health Service Executive Employee Superannuation Scheme 2010 (S.I. No. 362 of 2010), in effect as per art. 2.

E17

Previous affecting provision: subs. (1) and (5) amended (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 8, S.I. No. 275 of 2013; subs. (1) and (5) amended as per F-note above.

Section 24

Advisers.

24

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.

PART 6

Standards and Disqualifications

Section 25

Standards of integrity.

25

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.

Annotations

Amendments:

F104

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 13(a), (b), S.I. No. 283 of 2019.

F105

Substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 9(b), (c), (d), S.I. No. 275 of 2013.

Editorial Notes:

E18

Previous affecting provision: subs. (1) substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 9(a), S.I. No. 275 of 2013; subs. (1) substituted as per F-note above.

Section 26

Unauthorised disclosure of confidential information.

26

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.]

Annotations

Amendments:

F106

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 14, S.I. No. 283 of 2019.

Modifications (not altering text):

C9

Person holding record under section excluded from requirement to refuse an FOI request (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 41(1)(a) and sch. 3 part 1, commenced on enactment.

Enactments relating to non-disclosure of records.

41.—(1) A head shall refuse to grant an FOI request if—

(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or

...

SCHEDULE 3

Enactments Excluded from Application of Section 41

PART I

Statutes

...

No. 42 of 2004

Health Act 2004

Section 26.

...

...

...

Editorial Notes:

E19

Previous affecting provision: subss. (1), (2) substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 10, S.I. No. 275 of 2013; section substituted as per F-note above.

Section 27

Disqualification resulting from membership of either House of Oireachtas, European Parliament of local authority.

27

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.

Annotations

Amendments:

F107

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 15(a), (b), S.I. No. 283 of 2019.

Editorial Notes:

E20

Previous affecting provision: subss. (1), (2) amended (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 11(a), (b), S.I. No. 275 of 2013; further amended as per F-note above.

PART 7

Accountability

Section 28

Interpretation.

28

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.

Annotations

Amendments:

F108

Substituted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 6, commenced on enactment.

F109

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 20(a), (b), S.I. No. 666 of 2022.

F110

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 20(c), (d), S.I. No. 666 of 2022.

F111

Deleted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 16, S.I. No. 283 of 2019.

F112

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 20(d), S.I. No. 666 of 2022.

Section 29

Executive to prepare and submit corporate plan for Minister's approval.

29

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.

Annotations

Amendments:

F113

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 21(a), (b), S.I. No. 666 of 2022.

F114

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 17, S.I. No. 283 of 2019.

F115

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 21(c), S.I. No. 666 of 2022.

Section 30

Publication and implementation of approved corporate plan.

30

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.

Annotations

Amendments:

F116

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 22(a), (c), S.I. No. 666 of 2022.

F117

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 22(b)(i), (ii), S.I. No. 666 of 2022.

Section 30A

F118[Minister to determine net non-capital expenditure of Executive

30A

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.]

Annotations

Amendments:

F118

Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 7, commenced on enactment.

F119

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 23, S.I. No. 666 of 2022.

Section 30B

F120[Minister for Children, Equality, Disability, Integration and Youth to determine net non‑capital expenditure of Executive

30B

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.]

Annotations

Amendments:

F120

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 24, S.I. No. 666 of 2022.

Editorial Notes:

E21

The section heading is taken from the amending section in absence of one included in the amendment.

Section 31

F121[Executive to prepare and submit service plan for Minister's approval.

31

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.]

Annotations

Amendments:

F121

Substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 12, S.I. No. 275 of 2013.

F122

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 25(a), (b), (c), S.I. No. 666 of 2022.

F123

Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 8(b), (d), commenced on enactment.

F124

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 25(d)(i)-(iv), (e), S.I. No. 666 of 2022.

F125

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 18(a), S.I. No. 283 of 2019.

F126

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 25(f), (g)(i)(II), S.I. No. 666 of 2022.

F127

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 18(c), S.I. No. 283 of 2019.

F128

Inserted (1.03.2023) by Health (Miscellaneous Provisions Act 2022 (6/2022), s. 25(g)(i)(I), (ii), (h), S.I. No. 666 of 2022.

F129

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 18(d), (e), (f), S.I. No. 283 of 2019.

F130

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 25(i), S.I. No. 666 of 2022.

F131

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 19 item 2(b), S.I. No. 502 of 2013.

F132

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 25(j)(i)-(iii), (k), S.I. No. 666 of 2022.

F133

Deleted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 8(c), commenced on enactment.

F134

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 25(l), S.I. No. 666 of 2022.

Editorial Notes:

E22

Previous affecting provision: subs. (6) substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 18(b), S.I. No. 283 of 2019; subsection substituted (1.03.2023) as per F-note above..

E23

Previous affecting provision: subs. 2(a) substituted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 8(a), commenced on enactment; subsection substituted (1.03.2023) as per F-note above.

E24

Previous affecting provision: subs. (8) substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 19 item 2(a), S.I. No. 502 of 2013; subsection substituted (1.03.2023) as per F-note above.

Section 32

F135[Amendment of approved service plan.

32

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.]

Annotations

Amendments:

F135

Substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 13, S.I. No. 275 of 2013.

F136

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 26(a), (b)(i), (ii), (c), (d), S.I. No. 666 of 2022.

F137

Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 9(a), commenced on enactment.

F138

Substituted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 9(b), (c), commenced on enactment.

F139

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 19 item 3, S.I. No. 502 of 2013.

F140

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 26(e), S.I. No. 666 of 2022.

F141

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 26(f)(i), (ii), (g), S.I. No. 666 of 2022.

Section 33

Implementation of approved service plan.

33

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.]

Annotations

Amendments:

F142

Substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 14, S.I. No. 275 of 2013.

F143

Substituted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 10(a), commenced on enactment.

F144

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 27(a), (b), (c)(i), (ii)(I), (II), S.I. No. 666 of 2022.

F145

Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 10(a), (b), commenced on enactment.

Section 33A

F146[Power of Minister to make grants to Executive

33A

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.]

Annotations

Amendments:

F146

Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 11, commenced on enactment.

F147

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 28(a), S.I. No. 666 of 2022.

F148

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 28(b), S.I. No. 666 of 2022.

Section 33B

F149[Determination by Minister of capital funding and submission by Executive of capital plans

33B

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.]

Annotations

Amendments:

F149

Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 11, commenced on enactment.

F150

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 29(a)(i), (ii), S.I. No. 666 of 2022.

F151

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 29(b)(i), (ii), S.I. No. 666 of 2022.

F152

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 29(c)(i), (ii) S.I. No. 666 of 2022.

F153

Substituted (1.03.2022) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 29(d), S.I. No. 666 of 2022.

F154

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 29(e), (f), (g), S.I. No. 666 of 2022.

Section 34

Minister's permission needed for major capital spending.

34

34.— F155[]

Annotations

Amendments:

F155

Repealed (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 3, commenced on enactment.

Editorial Notes:

E25

Previous affecting provision: functions transferred and references to "Department of Finance" and "Minister for Finance" construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1, part 2 in effect as per art. 1(2), subject to transitional provisions in arts. 6-9; section repealed (17.07.2014) as per F-note above.

Section 34A

F156[Functions of Director General under this Part

34A

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.]

Annotations

Amendments:

F156

Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 12, commenced on enactment.

F157

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 19, S.I. No. 283 of 2019.

F158

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 30(a), S.I. No. 666 of 2022.

F159

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 30(b), S.I. No. 666 of 2022.

Section 34B

F160[Appearance of Director General before Committee of Public Accounts

34B

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.]

Annotations

Amendments:

F160

Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 12, commenced on enactment.

F161

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 20, S.I. No. 283 of 2019.

Section 35

Code of governance.

35

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.

Annotations

Amendments:

F162

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 21(a), (b), S.I. No. 283 of 2019.

F163

Deleted (1.03.2009) by Health Act 2007 (23/2007), s. 103(2)(a), S.I. No. 27 of 2009.

F164

Substituted (1.03.2009) by Health Act 2007 (23/2007), s. 103(2)(a), S.I. No. 27 of 2009.

F165

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 31(a), S.I. No. 666 of 2022.

F166

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 21(c), S.I. No. 283 of 2019.

F167

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 31(b), S.I. No. 666 of 2022.

Editorial Notes:

E26

Previous affecting provision: subs. (1)(b) substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 15, S.I. No. 275 of 2013; substituted as per F-note above.

Section 36

Accounts of Executive.

36

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.

Annotations

Amendments:

F168

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 32(a), (b), (c), S.I. No. 666 of 2022.

F169

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 32(d), S.I. No. 666 of 2022.

Section 37

Annual report.

37

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.

Annotations

Amendments:

F170

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 33(a), S.I. No. 666 of 2022.

F171

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 33(b), S.I. No. 666 of 2022.

Editorial Notes:

E27

Previous affecting provision: subs. (2)(g) substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 19 item 4, S.I. No. 502 of 2013; substituted as per F-note above.

E28

Previous affecting provision: subs. (2)(g) substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 16, S.I. No. 275 of 2013; substituted as per E-note above.

Section 38

Arrangements with service providers.

38

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).]

Annotations

Amendments:

F172

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 34(a), (b), (c), S.I. No. 666 of 2022.

F173

Substituted (15.05.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 4 item 4(a), S.I. No. 226 of 2007.

F174

Substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 21(a)-(d), commenced on enactment.

F175

Inserted (15.05.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 4 item 4(b), S.I. No. 226 of 2007.

F176

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 34(d), S.I. No. 666 of 2022.

Editorial Notes:

E29

The insertion of subss. (4), (5) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 4 item 4(b) duplicated the existing subss. (4), (5); this was corrected by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 21(b), (c), (d) as per F-note above.

Section 39

Assistance for certain bodies.

39

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.

Annotations

Amendments:

F177

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022, s. 35, S.I. No. 666 of 2022.

Section 40

Gifts.

40

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.

F178[PART 7A

FURNISHING OF INFORMATION AND DOCUMENTS]

Annotations

Amendments:

F178

Inserted (3.07.2010) by Health (Amendment) Act 2010 (15/2010), s. 1, commenced on enactment.

Section 40A

F179[Definition.

40A

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.]

Annotations

Amendments:

F179

Inserted (3.07.2010) by Health (Amendment) Act 2010 (15/2010), s. 1, commenced on enactment.

Section 40B

F180[Duty of Executive to furnish information.

40B

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.]]

Annotations

Amendments:

F180

Inserted (3.07.2010) by Health (Amendment) Act 2010 (15/2010), s. 1, commenced on enactment.

F181

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 36, S.I. No. 666 of 2022.

Editorial Notes:

E30

Previous affecting provision: subs. (1)(b)(ii) substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 19 item 5(a)(i), S.I. No. 502 of 2013; section substituted as per F-note above.

E31

Previous affecting provision: subs. (2) deleted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 19 item 5(b), S.I. No. 502 of 2013; section substituted as per F-note above.

E32

Previous affecting provision: subs. (1)(a) substituted (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 35(a)(i), S.I. No. 453 of 2011; section substituted as per F-note above.

E33

Previous affecting provision: subs. (1)(b)(ii) amended (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 35(a)(ii), S.I. No. 453 of 2011; paragraph amended as per E-note above.

E34

Previous affecting provision: subs. (1)(c) inserted (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 35(a)(iii), S.I. No. 453 of 2011; deleted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 19 item 5(a)(ii), S.I. No. 502 of 2013.

E35

Previous affecting provision: subs. (2) amended (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 35(a)(iv), S.I. No. 453 of 2011; subsection deleted as per E-note above.

Section 40C

F182[Requirement to furnish information and documents.

40C

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.]

Annotations

Amendments:

F182

Inserted (3.07.2010) by Health (Amendment) Act 2010 (15/2010), s. 1, commenced on enactment.

F183

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 37(a), S.I. No. 666 of 2022.

F184

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 37(b), (c), (d), S.I. No. 666 of 2022.

F185

Deleted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 19 item 6(b), (c), (d), S.I. No. 502 of 2013.

Editorial Notes:

E36

Previous affecting provision: subs. (1A) inserted (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 35(b)(i), S.I. No. 453 of 2011; deleted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 & sch. 2 part 19 item 6(a), S.I. No. 502 of 201. Subsection reinserted as per F-note above.

E37

Previous affecting provision: subss. (2)-(4)(a) amended (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. (b)(ii)-(iv), S.I. No. 453 of 2011; amendments deleted (1.01.2014) as per F-note above.

Section 40D

F186[Minister may share information and documents in certain circumstances.

40D

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.]

Annotations

Amendments:

F186

Inserted (3.07.2010) by Health (Amendment) Act 2010 (15/2010), s. 1, commenced on enactment.

F187

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 38, S.I. No. 666 of 2022.

F188

Inserted (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 35(c)(i), (ii), S.I. No. 453 of 2011.

F189

Deleted (1.01.2014) by Child and Family Agency Act 2013 (40/2013),  s. 97 and sch. 2 part 19 item 7(a), S.I. No. 502 of 2013.

F190

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013),  s. 97 and sch. 2 part 19 item 7(b), (c), (d), S.I. No. 502 of 2013.

Editorial Notes:

E38

Previous affecting provision: subss. (2), (3), (4)(a) amended (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 35(c)(iii)-(v), S.I. No. 453 of 2011; amended as per F-note above.

Section 40E

F191[Use of information and documents.

40E

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.]

Annotations

Amendments:

F191

Inserted (3.07.2010) by Health (Amendment) Act 2010 (15/2010), s. 1, commenced on enactment.

F192

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 39, S.I. No. 666 of 2022.

F193

Inserted (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 35(d)(i), (ii), S.I. No. 453 of 2011.

F194

Deleted (1.01.2014) by Child and Family Agency Act 2013 (40/2013),  s. 97 and sch. 2 part 19 item 8, S.I. No. 502 of 2013.

Section 40F

F195[Saver.

40F

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.]]

Annotations

Amendments:

F195

Inserted (3.07.2010) by Health (Amendment) Act 2010 (15/2010), s. 1, commenced on enactment.

F196

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 40, S.I. No. 666 of 2022.

Editorial Notes:

E39

Previous affecting provision: section substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013),  s. 97 and sch. 2 part 19 item 9(a), (b), S.I. No. 502 of 2013; section substituted as per F-note above.

E40

Previous affecting provision: section amended (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 35(e)(i), (ii), S.I. No. 453 of 2011; section substituted as per E-note above.

F197[PART 7B

ACCOUNTING OFFICER AND AUDIT COMMITTEE]

Annotations

Amendments:

F197

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 17, S.I. No. 275 of 2013.

Section 40G

F198[F199[Director General to be accounting officer of Executive for specified period.

40G

40G.— The F200[chief executive officer] shall be the accounting officer, for the purposes of the Comptroller and Auditor General Acts 1866 to 1998, in relation to the appropriation accounts of the Executive for the financial year ending on 31 December 2014 and for each of the previous financial years back to and including the financial year ending on 31 December 2005.]]

Annotations

Amendments:

F198

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 17, S.I. No. 275 of 2013.

F199

Substituted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 13, commenced on enactment.

F200

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 22, S.I. No. 283 of 2019.

Section 40H

F201[Audit committee.

40H

F202[40H.— (1) As soon as practicable after the commencement of section 23 of the Health Service Executive (Governance) Act 2019, the Board shall establish an audit committee to perform the functions specified in section 40I.

(2) The audit committee shall be appointed by the Board and shall consist of—

(a) not fewer than 3 of the Board members, and

(b) subject to subsection (3), not fewer than 4 other persons who, in the opinion of the Board, have the relevant skills and experience to perform the functions of the committee, at least one of whom shall hold a professional qualification in accountancy or auditing.

(3) A person is not eligible for appointment to the audit committee pursuant to subsection (2)(b) if that person is an employee of the Executive.

F203[(4) The Board shall designate one of the persons appointed pursuant to subsection (2) to be the chairperson of the audit committee.]

(5) The duration of a person’s membership of the audit committee shall be determined by the Board when appointing that person.

(6) A member of the audit committee may resign from the committee by letter addressed to the chairperson of the Board.

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

(8) The Minister may, with the consent of the Minister for Public Expenditure and Reform, determine the remuneration and expenses payable under this section.

(9) The remuneration and allowances for expenses, if any, determined in accordance with subsection (8) are payable by the Executive out of funds at its disposal to a member of the audit committee.

(10) The chief executive officer shall ensure that the audit committee is provided with the necessary secretarial and other resources to enable it to perform its functions.]]

Annotations

Amendments:

F201

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 17, S.I. No. 275 of 2013.

F202

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 23, S.I. No. 283 of 2019.

F203

Substituted (1.07.2022) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 41, S.I. No. 326 of 2022.

Editorial Notes:

E41

Relevant day appointed (9.08.2019) by Health Act 2004 (Section 40H) (Relevant Day) Order 2019 (S.I. No. 412 of 2019), art. 2.

Section 40HA

F204[Provisions supplementary to section 40H

40HA

40HA. (1) The Minister shall, by order, appoint a day to be the relevant day for the purposes of section 40H.

(2) The old audit committee shall stand dissolved on the relevant day.

(3) Anything commenced and not completed before the relevant day by or under the authority of the old audit committee may, in so far as it relates to a function of the new audit committee, be carried on or completed on or after that day by the new audit committee.

(4) Every document granted or made, by the old audit committee, if and in so far as it was operative immediately before the relevant day, shall have effect on and after that day as if it had been granted or made by the new audit committee.

(5) Each record held by the old audit committee immediately before the relevant day shall, on that day, stand transferred to the new audit committee and shall, on and after that day, be the property of the new audit committee and be regarded as being held by the new audit committee.

(6) In this section and section 40I

"new audit committee" means the audit committee established pursuant to section 40H after the commencement of section 23 of the Health Service Executive (Governance) Act 2019;

"old audit committee" means the audit committee established pursuant to section 40H before the commencement of section 23 of the Health Service Executive (Governance) Act 2019;

"relevant day" shall be construed in accordance with subsection (1).]

Annotations

Amendments:

F204

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 24, S.I. No. 283 of 2019.

Editorial Notes:

E42

Power pursuant to subs. (1) exercised (9.08.2019) by Health Act 2004 (Section 40H) (Relevant Day) Order 2019 (S.I. No. 412 of 2019).

E43

The section heading is taken from the amending section in absence of one included in the amendment.

Section 40I

F205[Functions of audit committee.

40I

F206[40I. (1) The audit committee shall, on and after the relevant day—

(a) advise the chief executive officer on financial matters relating to his or her functions,

(b) report in writing at least once in every year to the chief executive officer on those matters and on the activities of the committee in the previous year, and

(c) provide a copy of that report to the Board F207[, the Minister and the Minister for Children, Equality, Disability, Integration and Youth].

(2) The audit committee shall, on and after the relevant day—

(a) advise the Board on financial matters relating to its functions,

(b) report in writing at least once in every year to the Board on those matters, and

(c) provide a copy of that report to the Minister F208[and the Minister for Children, Equality, Disability, Integration and Youth].

(3) The audit committee’s functions under subsections (1)(a) and (2)(a) include advising on the following matters:

(a) the proper implementation by the Executive of Government guidelines on financial issues;

(b) compliance by the Executive with—

(i) sections 33 and 33B, and

(ii) any other obligations imposed by law relating to financial matters;

(c) compliance by the chief executive officer with section 34A;

(d) the appropriateness, effectiveness and efficiency of the Executive’s procedures relating to—

(i) public procurement,

(ii) seeking sanction for expenditure and complying with that sanction,

(iii) the acquisition, holding and disposal of assets,

(iv) risk management,

(v) financial reporting, and

(vi) internal audits.

(4) Subject to subsection (7), the audit committee shall meet at least 4 times in each year and may invite any person it considers appropriate (whether that person is or is not an employee of the Executive) to attend a meeting of the committee.

(5) The chief executive officer shall—

(a) ensure that the audit committee is provided with all of the Executive’s audit reports, audit plans and monthly reports on expenditure, and

(b) if he or she has reason to suspect that any material misappropriation of the Executive’s money, or any fraudulent conversion or misapplication of the Executive’s property, may have taken place, report that matter to the audit committee as soon as practicable.

(6) The chief executive officer shall furnish to the audit committee information on any financial matter or procedure necessary for the performance of its functions by the committee when requested to do so by the audit committee and where such information relates to—

(a) any contract that the Executive proposes to enter into involving expenditure of an amount in excess of a threshold specified by the committee, and

(b) any legal proceedings taken or threatened against the Executive that may give rise to potential financial liability.

(7) A meeting of the old audit committee held in the same year as the year in which the relevant day falls shall count as a meeting of the new audit committee for the purposes of subsection (4).]]

Annotations

Amendments:

F205

Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 17, S.I. No. 275 of 2013.

F206

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 25, S.I. No. 283 of 2019.

F207

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 42(a), S.I. No. 666 of 2022.

F208

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 42(b), S.I. No. 666 of 2022.

Editorial Notes:

E44

Previous affecting provision: subs. (3)(b) substituted and (ba) inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 14(a), commenced on enactment; section substituted as per F-note above.

E45

Previous affecting provision: subs. (5)(b) amended (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 14(b), commenced on enactment; section substituted as per F-note above.

PART 8

Public Representation and User Participation

Section 41

National Health Consultative Forum.

41

41.— F209[(1) The Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, may convene, at such time as the Minister may determine, a National Health Consultative Forum to advise the Minister or the Minister for Children, Equality, Disability, Integration and Youth, as appropriate, on matters relating to the provision of health and personal social services.]

(2) The Minister F210[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] may, F211[]

(a) specify the number of members of the Forum,

(b) determine the manner in which the members are to be nominated,

(c) appoint the members, and

(d) determine the rules and procedures of the Forum.

(3) The expenses of the Forum are payable by the Minister out of moneys provided by the Oireachtas.

Annotations

Amendments:

F209

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 43(a), S.I. No. 666 of 2022.

F210

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 43(b), S.I. No. 666 of 2022.

F211

Deleted (15.05.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 4 item 5,  S.I. No. 226 of 2007.

Editorial Notes:

E46

Power pursuant to section exercised (12.09.2006) by Health Act 2004 (National Health Consultative Forum Appointment of Members) Order 2006 (S.I. No. 479 of 2006).

E47

Power pursuant to section exercised (27.06.2006) by Health Act 2004 (National Health Consultative Forum) Order 2006 (S.I. No. 333 of 2006).

Section 42

Regional health forums.

42

42.— (1) After consulting the Minister for the Environment, Heritage and Local Government, the Minister shall, by regulation—

(a) establish such number (not exceeding 4) of regional health forums as the Minister considers appropriate, and

(b) appoint the establishment day of each regional health forum.

(2) The function of a regional health forum is to make such representations to the Executive as the forum considers appropriate on the range and operation of health and personal social services provided within its functional area, but it may not consider or make representations concerning any of the following matters:

(a) a matter relating solely to the exercise of clinical judgment by a person acting on behalf of the Executive or a service provider;

(b) a matter relating to an action taken by the Executive or a service provider if the action was taken solely on the advice of a person exercising clinical judgment in the circumstances described in paragraph (a);

(c) a matter relating to the recruitment or appointment of employees by the Executive or by a service provider;

(d) a matter relating to or affecting the terms or conditions (including those relating to superannuation benefits, disciplinary procedures or grievance procedures) of a contract of employment that the Executive has entered into or proposes to enter into.

(3) A regional health forum is to be composed of members of each city council and each county council within the functional area of the forum who are to be appointed as members of the forum by that city council or county council as follows:

(a) in the case of the first appointment of the members of a regional health forum, at the meeting of the city council or county council held next after the establishment of the regional health forum;

(b) in any other case, at the meeting of the city council or county council held next after the election of members of the council concerned.

(4) A person ceases to be a member of a regional health forum on ceasing to be a member of the city council or county council that appointed the person as a member of the forum.

(5) Regulations under this section shall—

(a) specify the title of each regional health forum and define its functional area,

(b) specify the number of members for each regional health forum and the number of members from each city council and each county council to be nominated to each regional health forum, and

(c) specify requirements relating to the manner in which the functions of a regional health forum are to be performed.

(6) Regulations under this section may, among other things, prescribe requirements concerning the following matters:

(a) the appointment of members to a regional health forum;

(b) the election of a chairperson and vice-chairperson of each regional health forum;

(c) the filling of casual vacancies;

(d) the meetings and procedures of a regional health forum;

(e) the establishment of committees of a regional health forum and the appointment of their members;

(f) rules and procedures to ensure the proper administration of each regional health forum.

(7) The Executive shall provide, or arrange for the provision of, such administrative services as may be necessary to enable a regional health forum to perform its function.

(8) The expenses of a regional health forum are payable by the Executive.

(9) A member of a regional health forum or a committee established by such forum may be paid by the Executive travelling and subsistence allowances in accordance with such scales as may, from time to time, be approved by the Minister with the consent of the Minister for Finance.

Annotations

Modifications (not altering text):

C10

References to "county council" and "city council" construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2), (3), S.I. No. 214 of 2014, art. 2.

Cesser and amalgamation of certain local government areas

9.

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

(3) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to the administrative area of a county council or the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council or the administrative area of a city and county council, and

(b) to the administrative area of a county council and the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council and the administrative area of a city and county council.

C11

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

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

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

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

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

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

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 42 of 2004

Health Act 2004

Sections 34, 42(9) and 43(7)

...

...

...

Editorial Notes:

E48

Power pursuant to section exercised (12.12.2005) by Health Act 2004 (Regional Health Forums) Regulations 2005 (S.I. No. 797 of 2005).

Section 43

Mechanisms (including advisory panels) to enable Executive to consult with local communities and others.

43

43.— (1) The Executive may take such steps as it considers appropriate to consult with local communities or other groups about health and personal social services.

(2) Such steps may include the establishment by the Executive of panels to advise the Executive or to enable it to seek the views of—

(a) persons who are being or have been provided with a health or personal social service or who are seeking or have sought a health or personal social service,

(b) carers of persons referred to in paragraph (a),

(c) service providers, and

(d) such other persons as the Executive considers appropriate.

(3) Subject to subsection (4), the Executive shall determine for each panel established under this section—

(a) its terms of reference,

(b) the manner in which its members are to be nominated, and

(c) the rules governing its meetings and procedures.

(4) A panel may not consider, or provide advice or views to the Executive concerning, a matter that under paragraphs (a) to (d) of section 42(2) a regional health forum is not authorised to consider.

(5) In providing advice to the Executive, a panel shall have regard to—

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

(b) the approved service plan in operation at the time, and

(c) any arrangement under section 38 with a service provider.

(6) The Executive shall provide, or arrange for the provision of, such administrative services as may be necessary to enable a panel to perform its functions.

(7) The following allowances and expenses are payable by the Executive:

(a) the travelling and subsistence allowances of panel members in accordance with such scales as may be determined from time to time by the Minister with the consent of the Minister for Finance;

(b) the expenses of a panel.

(8) The Executive may dissolve a panel established under this section.

Annotations

Modifications (not altering text):

C12

Functions under subs. (7) transferred and references to "Department of Finance" and "Minister for Finance" construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

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

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

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

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

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

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 42 of 2004

Health Act 2004

Sections 34, 42(9) and 43(7)

...

...

...

Section 44

Other advisory panels to be established on Minister's direction.

44

44.— (1) The Minister F212[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 direct the Executive in writing to—

(a) establish an advisory panel for a purpose specified by the Minister F212[or, in relation to the performance by the Executive of its specialist community-based services functions, the Minister for Children, Equality, Disability, Integration and Youth], and

(b) appoint one or more than one person specified by the Minister F212[or, in relation to the performance by the Executive of its specialist community-based services functions, the Minister for Children, Equality, Disability, Integration and Youth,] as a member of the panel.

(2) The Minister F212[or, in relation to the performance by the Executive of its specialist community-based services functions, the Minister for Children, Equality, Disability, Integration and Youth,] may determine the terms of reference of a panel established under this section and may dissolve the panel at any time.

(3) Subsections (4) to (7) of section 43 apply with the necessary modifications in relation to an advisory panel established under this section.

Annotations

Amendments:

F212

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 44(a)(i)-(iii), (b), S.I. No. 666 of 2022.

PART 9

Complaints

Annotations

Modifications (not altering text):

C13

Application restricted (10.01.2007) by Health Act 2004 (Complaints) Regulations 2006 (S.I. No. 652 of 2006), reg. 17, in effect as per reg. 1(2).

Ombudsman and Ombudsman for Children

17. Any notification, under these Regulations (other than one under Regulation 7(1) or 12), or reports forwarded to a person who has made a complaint shall advise that nothing in Part 9 of the Act prohibits or prevents any person who is dissatisfied with a recommendation made or step taken in response to a complaint or a review that the matter may be referred by him or her to the Ombudsman or the Ombudsman for Children, as appropriate.

C14

Function of complaint officer in relation to complaints under Part prescribed (1.01.2007) by Health Act 2004 (Complaints) Regulations 2006 (S.I. No. 652 of 2006), reg. 6(1), in effect as per reg. 1(2).

Functions of complaints officers

6. (1) A complaints officer shall investigate, subject to section 50(2), all complaints received or assigned to him or her for investigation after having satisfied himself or herself that the complaint falls within the provisions of Part 9 of the Act.

...

Section 45

Definitions (Part 9).

45

45.— In this Part—

“action” means anything done or omitted to be done—

(a) by the Executive, or

(b) by a service provider in connection with the provision of—

(i) a health or personal social service that is the subject of an arrangement under section 38 , or

(ii) a service in respect of which assistance is given under section 39 ;

“close relative”, in relation to another person, means a person who—

(a) is a parent, guardian, son, daughter or spouse of the other person, or

(b) is cohabiting with the other person;

“complaints officer” means a person designated—

(a) by the Executive for the purpose of dealing with complaints made to it in accordance with procedures established under section 49(1)(a), or

(b) by a service provider for the purpose of dealing with complaints made to the service provider in accordance with procedures established under section 49(1)(a) or (2);

“complaint” means a complaint made under this Part about any action of the Executive or a service provider that—

(a) it is claimed, does not accord with fair or sound administrative practice, and

(b) adversely affects the person by whom or on whose behalf the complaint is made;

“complainant” means a person who is entitled under section 46 to make a complaint under this Part on the person's own behalf or on behalf of another.

Section 46

Who may make complaints.

46

46.— (1) Any person who is being or was provided with a health or personal social service by the Executive or by a service provider or who is seeking or has sought provision of such service may complain, in accordance with the procedures established under this Part, about any action of the Executive or a service provider that—

(a) it is claimed, does not accord with fair and sound administrative practice, and

(b) adversely affects or affected that person.

(2) For the purposes of this Part, an action does not accord with fair and sound administrative practice if it is—

(a) taken without proper authority,

(b) taken on irrelevant grounds,

(c) the result of negligence or carelessness,

(d) based on erroneous or incomplete information,

(e) improperly discriminatory,

(f) based on undesirable administrative practice, or

(g) in any other respect contrary to fair or sound administration.

(3) If a person entitled under this section to make a complaint is unable to do so because of age, illness or disability, the complaint may be made on that person's behalf by—

(a) a close relative F213[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] or carer of the person,

(b) any person who, by law or by appointment of a court, has the care of the affairs of that person,

(c) any legal representative of the person,

(d) any other person with the consent of the person, or

(e) any other person who is appointed as prescribed in the regulations.

(4) If a person who would otherwise have been entitled under this section to make a complaint is deceased, a complaint may be made by a person who, at the time of the action in relation to which the complaint is made, was a close relative F213[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] or carer of that person.

Annotations

Amendments:

F213

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 170 and sch. part 5 item 22, S.I. No. 648 of 2010.

Section 47

Time limit for making complaints.

47

47.— (1) A complaint must be made within the specified period or Time limit for any extension of that period allowed under subsection (3). making complaints.

(2) The specified period is 12 months beginning before or after the commencement of this section, but not later than—

(a) the date of the action giving rise to the complaint, or

(b) if the person by whom or on whose behalf the complaint is to be made did not become aware of that action until after that date, the date on which he or she becomes aware of it.

(3) A complaints officer may extend the time limit for making a complaint if in the opinion of the complaints officer special circumstances make it appropriate to do so.

Section 48

Matters excluded from right to complain.

48

48.— (1) A person is not entitled to make a complaint about any of the following matters:

(a) a matter that is or has been the subject of legal proceedings before a court or tribunal;

(b) a matter relating solely to the exercise of clinical judgment by a person acting on behalf of either the Executive or a service provider;

(c) an action taken by the Executive or a service provider solely on the advice of a person exercising clinical judgment in the circumstances described in paragraph (b);

(d) a matter relating to the recruitment or appointment of an employee by the Executive or a service provider;

(e) a matter relating to or affecting the terms or conditions of a contract of employment that the Executive or a service provider proposes to enter into or of a contract with an adviser that the Executive proposes to enter into under section 24 ;

(f) a matter relating to the Social Welfare Acts;

(g) a matter that could be the subject of an appeal under section 60 of the Civil Registration Act 2004;

(h) a matter that could prejudice an investigation being undertaken by the Garda Síochána;

(i) a matter that has been brought before any other complaints procedure established under an enactment.

(2) Subsection (1)(i) does not prevent a complaints officer from dealing with a complaint that was made to the Ombudsman or the Ombudsman for Children and that is referred by him or her to a complaints officer.

(3) In relation to a contract referred to in subsection (1)(e) “terms or conditions” includes terms or conditions relating to superannuation benefits, disciplinary procedures or grievance procedures.

Section 49

Complaint and review procedures to be established.

49

49.— (1) Subject to subsection (2) and any regulations under section 53 , the Executive shall establish procedures for—

(a) dealing with complaints against the Executive or a service provider, and

(b) reviewing, at the request of a complainant, any recommendation made by a complaints officer following the investigation of a complaint.

(2) Any service provider may, with the agreement of the Executive, establish procedures, in place of the procedures established under subsection (1)(a), for dealing with complaints against the service provider.

(3) The Executive may agree to a service provider establishing such procedures if satisfied that they will be of a comparable standard to the procedures established by the Executive under subsection (1)(a).

(4) Subject to any regulations under section 53 , the Executive may assign to another body the Executive's functions in relation to reviewing, and establishing procedures for reviewing, any recommendation made by a complaints officer.

Section 50

Refusal to investigate or further investigate complaints.

50

50.— (1) A complaints officer shall not investigate a complaint if—

(a) the person who made the complaint is not entitled under section 46 to do so either on the person's own behalf or on behalf of another,

(b) the complaint is made after the expiry of the period specified in section 47(2) or any extension of that period allowed under section 47(3).

(2) A complaints officer may decide not to investigate or further investigate an action to which a complaint relates if, after carrying out a preliminary investigation into the action or after proceeding to investigate such action, that officer—

(a) is of the opinion that—

(i) the complaint does not disclose a ground of complaint provided for in section 46,

(ii) the subject-matter of the complaint is excluded by section 48,

(iii) the subject-matter of the complaint is trivial, or

(iv) the complaint is vexatious or not made in good faith,

or

(b) is satisfied that the complaint has been resolved.

(3) A complaints officer shall, as soon as practicable after determining that he or she is prohibited by subsection (1) from investigating a complaint or after deciding under subsection (2) not to investigate or further investigate a complaint, inform the complainant in writing of the determination or decision and the reasons for it.

Section 51

Restriction on type of recommendations complaints officers may make and power to suspend implementation of recommendations.

51

51.— (1) A complaints officer may not, following the investigation of a complaint, make a recommendation the implementation of which would require or cause—

(a) the Executive to make a material amendment to its approved service plan, or

(b) a service provider and the Executive to make a material amendment to an arrangement under section 38.

(2) If, in the opinion of the relevant person, such a recommendation is made, that person shall either—

(a) amend the recommendation in such manner as makes the amendment to the applicable service plan or arrangement unnecessary, or

(b) reject the recommendation and take such other measures to remedy, mitigate or alter the adverse effect of the matter to which the complaint relates as the relevant person considers appropriate.

(3) Pending the outcome of a review, the relevant person may suspend the implementation of a recommendation made by a complaints officer if satisfied that, in the interests of fair and sound administration, it is appropriate to do so.

(4) In this section “relevant person” means—

(a) in relation to a complaint dealt with by the Executive in accordance with the procedures established under section 49(1), the F214[chief executive officer] and

(b) in relation to a complaint dealt with in accordance with the procedures established by a service provider under section 49(2), the service provider.

Annotations

Amendments:

F214

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 26, S.I. No. 283 of 2019.

Editorial Notes:

E49

Previous affecting provision: subs. (4)(a) amended (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 18, S.I. No. 275 of 2013; substituted as per F-note above.

Section 52

Adherence to complaint and review procedures to be condition of arrangements with service providers.

52

52.— (1) It is a condition of any arrangement under section 38 with a service provider that the service provider will—

(a) adhere to the complaints procedures established by the Executive in accordance with section 49(1) and any regulations under section 53, or

(b) establish the procedures agreed under section 49(2) and adhere to those procedures.

(2) In addition, it is a condition of such arrangement that the service provider will co-operate with the Executive, or with any body to which the Executive assigns its functions under section 49(4), in any review of a recommendation made by a complaints officer following the investigation of a complaint against the service provider.

(3) The Executive shall exercise any rights or remedies available to it under such arrangement if the service provider concerned does not fulfil any of the applicable conditions specified in subsections (1) and (2).

Section 53

Minister to make regulations for purposes of this Part.

53

53.— (1) The Minister F215[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] may make regulations for the purposes of this Part.

(2) Regulations under this section may, among other things, make provision for the following matters:

(a) requirements to be complied with by complainants;

(b) the appointment of persons as complaints officers and the functions of complaints officers;

(c) the procedure to be followed in investigating complaints;

(d) the making of recommendations by complaints officers following the investigation of complaints and the nature of the recommendations that, subject to section 51, they are authorised to make;

(e) the implementation of recommendations made by complaints officers;

(f) the appointment of persons as review officers and the functions of those officers;

(g) the procedure to be followed in undertaking reviews;

(h) the making of recommendations by review officers following the review of a complaint and the nature of the recommendations that they are authorised to make;

(i) the implementation of recommendations made by review officers;

(j) the assignment by the Executive of the review functions referred to in section 49(4) to any other body or person.

Annotations

Amendments:

F215

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), S. 45, S.I. No. 666 of 2022.

Editorial Notes:

E50

Power pursuant to section exercised (4.12.2018) by Health Act 2004 (Complaints) (Amendment) Regulations 2018 (S.I. No. 519 of 2018).

E51

Power pursuant to section exercised (1.01.2007) by Health Act 2004 (Complaints) Regulations 2006 (S.I. No. 652 of 2006), in effect as per reg. 1(2).

Section 54

Referral of complaints to Ombudsman or Ombudsman for Children.

54

54.— (1) Nothing in this Part prohibits or prevents any person who is dissatisfied with a recommendation made or step taken in response to a complaint under this Part or with a review under this Part from referring the complaint to the Ombudsman or the Ombudsman for Children.

(2) For the purposes of the Ombudsman Acts 1980 to 1984 and the Ombudsman for Children Act 2002, any action taken by a service provider in relation to a health or personal social service in respect of which the service provider has entered into an arrangement under section 38 or received assistance under section 39 is deemed to have been taken by the Executive.

Section 55

Annual report to include report on complaints and reviews.

55

55.— (1) The Executive shall submit to the Minister, as part of the Executive's annual report, a general report on the performance of its functions under this Part during the previous year containing such information as the Executive considers appropriate or as the Minister may specify.

(2) A service provider who has established a complaints procedure by agreement with the Executive shall in each year, at such time and in such manner as the Executive may determine, provide the Executive with a general report on the complaints received by the service provider during the previous year indicating—

(a) the total number of complaints received,

(b) the nature of the complaints,

(c) the number of complaints resolved by informal means, and

(d) the outcome of any investigations into the complaints.

(3) If the Executive assigns its functions under section 49(4) to another body, that body shall in each year, at such time and in such manner as the Executive may determine, provide the Executive with a general report on the reviews conducted by it during the previous year indicating—

(a) the total number of reviews,

(b) the nature of the reviews, and

(c) the outcome of the reviews.

F216[PART 9A

Protected Disclosures of Information]

Annotations

Amendments:

F216

Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Modifications (not altering text):

C15

Complaints to Preliminary Proceedings Committee concerning registered nurses and registered midwives classified as protected disclosures under Part (2.10.2012) by Nurses and Midwives Act 2011 (41/2011), s. 55(9), S.I. No. 385 of 2012, art. 2(i).

Complaints concerning registered nurses and registered midwives.

55.—

(9) A complaint is a protected disclosure under the Health Act 2004 (as amended by the Health Act 2007 ).

Section 55A

F217[Definition of expressions in this Part.

55A

55A.— In this Part and Schedule 2A:

"actions" means anything done or omitted to be done;

"authorised person" means, unless otherwise specified, a person appointed in accordance with section 55H(3);

"chief inspector" means the person who is appointed to the Office of the Chief Inspector of Social Services in accordance with section 40 of the Health Act 2007;

"designated centre" means a designated centre as defined in section 2 (1) of the Health Act 2007;

"employee" means a person who has entered into or works under (or, where the employment has ceased, had entered into or worked under) a contract of employment with or is (or was) placed for the purpose of vocational training with any of the following:

(a) the Executive;

(b) another person providing a service similar to a service provided by the Executive who employs or has a contractual arrangement with a person registered with a professional regulatory body;

(c) a service provider;

(d) any other person receiving assistance in accordance with section 39 of this Act or section 10 of the Child Care Act 1991 ;

(e) a designated centre other than a designated centre operated by a relevant body;

(f) a mental health service other than a mental health service operated by a relevant body;

(g) a body established under the Health (Corporate Bodies) Act 1961 ; or

(h) any other person who provides a service for the purpose of providing staff to any of the persons or bodies referred to in paragraphs (a) to (g);

"employer", in relation to an employee, means a person or body (including a service provider or designated centre or mental health service) listed in the definition of "employee";

"Health Information and Quality Authority" means the body established in accordance with section 6 of the Health Act 2007;

"mental health services" means mental health services as defined in section 2 (1) of the Mental Health Act 2001 ;

"Pharmaceutical Society of Ireland" means the body constituted in accordance with section 4 of the Pharmacy Act (Ireland) 1875;

"professional regulatory body" means—

(a) an Bord Altranais,

(b) the Dental Council,

(c) the Health and Social Care Professionals Council,

(d) the Medical Council, or

(e) the Pharmaceutical Society of Ireland;

"relevant body" means—

(a) the Executive,

(b) a service provider,

(c) any other person who has received or is receiving assistance in accordance with section 39 of this Act or section 10 of the Child Care Act 1991, or

(d) a body established under the Health (Corporate Bodies) Act 1961;

"Scheduled body" means a body referred to in Schedule 2A.]

Annotations

Amendments:

F217

Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Modifications (not altering text):

C16

Terms "Medical Council" and "Medical Registration Council" construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(3), S.I. No. 231 of 2008, art. 2(j).

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

108. — ...

(3) Every reference to—

(a) the Medical Council, or

(b) the Medical Registration Council,

contained in any other enactment or any statutory instrument shall be construed as the Council within the meaning of section 2.

Section 55B

F218[Protected disclosure of information by an employee of a relevant body.

55B

55B.— Where an employee of a relevant body makes, in good faith, a disclosure to an authorised person and the employee has reasonable grounds for believing that it will show one or more of the following:

(a) that the health or welfare of a person who is receiving a health or personal social service in accordance with this Act has been, is or is likely to be at risk;

(b) that the actions of any person employed by or acting on behalf of the relevant body has posed, is posing or is likely to pose a risk to the health or welfare of the public;

(c) that the relevant body or a person employed by or acting on behalf of the relevant body failed, is failing or is likely to fail to comply with any legal obligation to which the relevant body or person is subject in the performance of the relevant body’s or person’s functions;

(d) that the conduct of the relevant body or of a person employed by or acting on behalf of the relevant body has led, is leading or is likely to lead to a misuse or substantial waste of public funds;

(e) that evidence of any matter falling within any of paragraphs (a) to (d) has been, is being or is likely to be deliberately concealed or destroyed;

the disclosure shall be a protected disclosure under this Act.]

Annotations

Amendments:

F218

Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Section 55C

F219[Protected disclosure of information by an employee of a designated centre.

55C

55C.— Where an employee of a person carrying on the business of a designated centre other than a centre operated by a relevant body makes, in good faith, a disclosure to the chief inspector and the employee has reasonable grounds for believing that the disclosure will show one or more of the following:

(a) that the actions of any person employed by or acting on behalf of a person carrying on the business of a designated centre has posed, is posing or is likely to pose a risk to the health or welfare of a resident of the centre;

(b) that the person carrying on the business of a designated centre has failed, is failing or is likely to fail to comply with any of the following which are applicable to the designated centre:

(i) a provision of regulations made under the Health Act 2007;

(ii) a standard made under the Health Act 2007;

(iii) any other statutory obligation;

(c) that evidence of any matter falling within either of paragraphs (a) and (b) has been, is being or is likely to be deliberately concealed or destroyed;

the disclosure shall be a protected disclosure under this Act.]

Annotations

Amendments:

F219

Inserted (1.08.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 268 of 2009.

Section 55D

F220[Protected disclosure of information by an employee of a mental health service provider.

55D

55D.— Where an employee of a person providing mental health services other than a relevant body makes, in good faith, a disclosure to the Mental Health Commission or the Inspector of Mental Health Services, and the employee has reasonable grounds for believing that the disclosure will show one or more of the following:

(a) that the actions of any person employed by or acting on behalf of the person providing the services has posed, is posing or is likely to pose a risk to the health or welfare of a person receiving the service;

(b) that a person providing the services has failed, is failing or is likely to fail to comply with any of the following which are applicable to the person:

(i) a provision of the Mental Health Acts 1945 to 2001;

(ii) a provision of regulations made under those Acts;

(iii) any other statutory obligation;

(c) that evidence of any matter falling within either of paragraphs (a) and (b) has been, is being or is likely to be deliberately concealed or destroyed;

the disclosure shall be a protected disclosure under this Act.]

Annotations

Amendments:

F220

Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Section 55E

F221[Protected disclosure of information in relation to regulated professions.

55E

55E.— Where a person makes, in good faith, a disclosure to a professional regulatory body, which the person has reasonable grounds for believing will show that the actions of any person, the exercise of whose profession requires him or her to be registered with a professional regulatory body, has posed, is posing or is likely to pose a risk to the health or welfare of the public, the disclosure shall be a protected disclosure under this Act.]

Annotations

Amendments:

F221

Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Section 55F

F222[Applications and complaints about health professionals to be protected disclosures.

55F

55F.— (1) An application in accordance with—

(a) section 45 of the Medical Practitioners Act 1978,

(b) section 38 of the Dentists Act 1985,

(c) section 38 of the Nurses Act 1985,

is a protected disclosure under this Act.

(2) A complaint under section 52 of the Health and Social Care Professionals Act 2005 is a protected disclosure under this Act.]

Annotations

Amendments:

F222

Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Section 55G

F223[Protected disclosure of information: monitoring, investigations and inspections.

55G

55G.— Where a person makes, in good faith, a disclosure to—

(a) an authorised person appointed by the Health Information and Quality Authority in accordance with section 70 of the Health Act 2007 to—

(i) monitor compliance with standards in accordance with section 8 (1)(c) of the Health Act 2007, or

(ii) undertake an investigation under section 9 of the Health Act 2007,

(b) the chief inspector who is in the course of an inspection carried out in accordance with section 41 of the Health Act 2007, or

(c) the Inspector of Mental Health Services who is in the course of an inspection carried out in accordance with section 51 of the Mental Health Act 2001,

which the person has reasonable grounds for believing will show a risk to the health or welfare of the public, the disclosure is a protected disclosure under this Act.]

Annotations

Amendments:

F223

Section, other than para. (b), inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009; para. (b) inserted (1.08.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 268 of 2009.

Section 55H

F224[Duty of relevant body to establish procedures.

55H

55H.— (1) The Executive shall establish procedures, applicable to the Executive, service providers and any other person who has received or is receiving assistance in accordance with section 39 of this Act or section 10 of the Child Care Act 1991 —

(a) to facilitate the making of protected disclosures, and

(b) for the investigation of any matter which is the subject matter of a protected disclosure.

(2) A body established under the Health (Corporate Bodies) Act 1961 which is not a service provider shall establish procedures—

(a) to facilitate the making of protected disclosures, and

(b) for the investigation of any matter which is the subject matter of a protected disclosure.

(3) The Executive, or as the case may be, a body referred to in subsection (2), shall appoint a person (the "authorised person") to whom protected disclosures may be made.

(4) A service provider may, with the agreement of the Executive, establish procedures for the purposes set out in paragraphs (a) and (b) of subsection (1) so far as relating to matters within the remit of the service provider.

(5) The Executive may agree under subsection (4) only if satisfied that the procedures being established under that subsection are of a standard equivalent to those established, or which it would otherwise have established, under subsection (1).

(6) Procedures established under subsection (4) are in place of those established, or which the Executive would have established, under subsection (1), so far as applicable to the service provider.

(7) Where a body established under the Health (Corporate Bodies) Act 1961 is a service provider, the provisions of subsections (1), (4), (5) and (6) shall apply to the body.

(8) The Executive or a body referred to in subsection (2) shall, before establishing procedures under this section—

F225[(a) submit a draft of the proposed procedures to the Data Protection Commission for its opinion as to whether any provision of the procedures would, if given effect, be likely to result in a contravention of the Data Protection Regulation or the Data Protection Act 2018, and]

(b) request that the opinion be given in writing to the Executive, or as the case may be, the body referred to in subsection (2) before the date specified in the request.

(9) If, before that date, the F225[the Data Protection Commission] provides a written opinion that a provision of the draft procedures would, if given effect, be likely to have the results referred to in subsection (8)(a), the Executive, or as the case may be, the body referred to in subsection (2) shall have regard to that opinion in its further deliberations on the draft procedures.]

F226[(10) In this section, "Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201630 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).]

Annotations

Amendments:

F224

Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

F225

Substituted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 199(a), (b), S.I. No. 174 of 2018.

F226

Inserted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 199(c), S.I. No. 174 of 2018.

Section 55I

F227[Adherence to procedures governing protected disclosure of information to be a condition of arrangements made by the Executive.

55I

55I.— (1) It is a condition of any arrangement under section 38 or of assistance given under section 39 of this Act or section 10 of the Child Care Act 1991 that a service provider or person receiving assistance will—

(a) adhere to the procedures established by the Executive in accordance with section 55H(1), or

(b) where procedures have been established by the service provider under section 55H(4), adhere to those procedures.

(2) The Executive may exercise any rights or remedies available to it by virtue of an arrangement or the giving of assistance referred to in subsection (1) if the service provider or person receiving assistance, as the case may be, is in breach of that subsection.]

Annotations

Amendments:

F227

Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Section 55J

F228[Duties in respect of protected disclosures.

55J

55J.— (1) Where a protected disclosure is made to an authorised person, the authorised person shall investigate the subject matter of the disclosure.

(2) An authorised person may refer that subject matter or any part of it to an appropriate Scheduled body or a professional regulatory body or, where the authorised person believes that a criminal offence has been committed, to the Garda Síochána.

(3) An authorised person may inform a person in charge of the body to whom the disclosure relates of the subject matter of the disclosure.

(4) Notwithstanding a referral under subsection (2), the authorised person may investigate the subject matter if the authorised person or the person in charge of the body to which the disclosure relates considers it appropriate to do so.

(5) The person in charge of the body to whom the disclosure relates may, with the consent of the authorised person, appoint another person to investigate the subject matter.

(6) If, at any time during an investigation, the authorised person believes the disclosure is false, misleading, frivolous or vexatious, he or she may cease the investigation.]

Annotations

Amendments:

F228

Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Section 55K

F229[Disclosure to a Scheduled body.

55K

55K.— (1) An employee of a relevant body may make a protected disclosure only in accordance with—

(a) sections 55E, 55F or 55G, or

(b) the procedures established under section 55H.

(2) Notwithstanding subsection (1), an employee of a relevant body may make a disclosure to a Scheduled body if the employee has reasonable grounds to believe—

(a) that the disclosure is justified by reason of the urgency of the matter, or

(b) there has been no investigation of the matter, or if an investigation has taken place, there has been no action or recommended action on the subject matter of the disclosure.]

Annotations

Amendments:

F229

Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Section 55L

F230[Protection from civil liability of persons who have made a protected disclosure.

55L

55L.— (1) A person is not liable in damages in consequence of a protected disclosure.

(2) Subsection (1) does not apply in respect of a person who makes a disclosure knowing it to be or reckless as to whether it is false, misleading, frivolous or vexatious or who, in connection with a disclosure, furnishes information that the person knows to be false or misleading.

(3) The reference in subsection (1) to liability in damages shall include a reference to any other form of relief.]

F231[(4) This section does not apply where the protected disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]

Annotations

Amendments:

F230

Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

F231

Inserted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 24(1) and sch. 4 part 1 item 6, S.I. No. 327 of 2014.

Section 55M

F232[Protection of employees from penalisation for having made a protected disclosure.

55M

55M.— (1) An employer shall not penalise an employee for making a protected disclosure.

F233[(1A) Subsection (1) does not apply where the protected disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]

(2) A contravention of subsection (1) is a ground of complaint by an employee to a F234[adjudication officer under section 41 of the Workplace Relations Act 2015].

(3) In proceedings F234[under Part 4 of the Workplace Relations Act 2015] in relation to a complaint of a contravention of subsection (1), it shall be presumed, unless the contrary is proved, that the disclosure was a protected disclosure.

(4) If the contravention of subsection (1) was a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2005, relief may not be granted to the employee both under F234[Part 4 of the Workplace Relations Act 2015] and under those Acts.

(5) F235[]

F234[(6) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of subsection (1) shall do one or more of the following, namely—

(a) declare that the complaint was or, as the case may be, was not well founded,

(b) require the employer to comply with subsection (1) and to take a specified course of action, or

(c) order the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all the circumstances.]

(7) F235[]

(8) F235[]

(9) F235[]

(10) F235[]

F234[(11) A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in subsection (6), shall affirm, vary or set aside the decision of the adjudication officer.]

(12) F235[]

(13) F235[]

(14) F235[]

(15) F235[]

(16) F235[]

(17) F235[]]

Annotations

Amendments:

F232

Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

F233

Inserted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 24(1), sch. 4 part 1 item 6, S.I. No. 327 of 2014.

F234

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 item 20(a)-(e), S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

F235

Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 item 19, commenced as per subs. (7) and S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

Modifications (not altering text):

C17

Redress procedure in respect of subs. (1) specified (1.01.2015) by Workplace Relations Act 2015 (16/2015), s. 41(1) and sch. 5 part 1 item 14, S.I. No. 410 of 2015.

Presentation of complaints and referral of disputes

41. (1) An employee (in this Act referred to as a “complainant”) or, where the employee so consents, a specified person may present a complaint to the Director General that the employee’s employer has contravened a provision specified in Part 1 or 2 of Schedule 5 in relation to the employee and, where a complaint is so presented, the Director General shall, subject to section 39, refer the complaint for adjudication by an adjudication officer.

...

SCHEDULE 5

Provisions and Enactments Specified for Purposes of Part 4

Part 1

Section 41

...

14. Section 55M(1) of the Health Act 2004

...

Editorial Notes:

E52

Subs. (1) included in definitions of employment enactments and relevant enactments (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 2, S.I. No. 338 of 2015.

Section 55N

F236[Proceedings before Labour Court.

55N

55N.— F237[] ]

Annotations

Amendments:

F236

Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

F237

Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1), (2), (7), sch. 2 part 1 item 19, S.I. No. 410 of 2015.

Section 55O

F238[Enforcement of determinations of Labour Court.

55O

55O.— F239[] ]

Annotations

Amendments:

F238

Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

F239

Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1), sch. 2 part 1 item 19, commenced as per subs. (7) and S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

Section 55P

F240[Evidence of failure to attend before or give evidence or produce documents to Labour Court.

55P

55P.— F241[] ]

Annotations

Amendments:

F240

Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

F241

Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1), sch. 2 part 1 item 19, commenced as per subs. (7) and S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

Section 55Q

F242[Interpretation of ‘penalise’.

55Q

55Q.— (1) In this Part, "penalise" includes any act or omission by an employer or a person acting on behalf of an employer that affects an employee to his or her detriment with respect to any term or condition of his or her employment and which is consequent upon a protected disclosure by the employee.

(2) For the purposes of subsection (1) but without prejudice to its generality, penalisation includes—

(a) suspension, lay-off or dismissal (including a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2005), or the threat of suspension, lay-off or dismissal,

(b) demotion or loss of opportunity for promotion,

(c) transfer of duties, change of location of place of work, reduction in wages or a change in working hours,

(d) imposition of any discipline, reprimand or other penalty (including a financial penalty),

(e) coercion, intimidation or harassment,

(f) injury, damage or loss, and

(g) threats of reprisal.

(3) Paragraph (c) of subsection (2) shall not be construed in a manner which prevents an employer from ensuring that the business of the body concerned is carried on in an efficient and effective manner.]

Annotations

Amendments:

F242

Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Section 55R

F243[Continuity of employer’s business.

55R

55R.— References in this Part to an employer shall be construed, in a case where ownership of the business of the employer changes after the contravention to which the complaint relates occurred, as references to the person who, by virtue of the change, becomes entitled to ownership of the business.]

Annotations

Amendments:

F243

Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Section 55S

F244[Making false reports.

55S

55S.— (1) A person who makes a disclosure which the person knows or reasonably ought to know to be false is guilty of an offence.

F245[(1A) This section does not apply where the disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]

(2) F246[]

(3) F246[]

(4) F246[]]

Annotations

Amendments:

F244

Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

F245

Inserted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 24(1), sch. 4 part 1 item 6, S.I. No. 327 of 2014.

F246

Deleted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 27, S.I. No. 283 of 2019.

Section 55T

F247[Saver.

55T

55T.— This Part is without prejudice to the provisions of the Protections for Persons Reporting Child Abuse Act 1998.]

Annotations

Amendments:

F247

Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

PART 10

Dissolution of Certain Health Bodies and the Transfer of their Functions and Employees, etc., to the Executive

Section 56

Definitions (Part 10).

56

56.— In this Part “specified body” means—

(a) the health boards,

(b) the Eastern Regional Health Authority,

(c) the Area Health Boards,

(d) the Hospital Bodies Administrative Bureau,

(e) the Health Boards Executive,

(f) the General Medical Services (Payments) Board,

(g) the Health Service Employers Agency, and

(h) the Interim Health Service Executive.

Section 57

Dissolution of Comhairle na nOspidéal and transfer of its functions.

57

57.— (1) Comhairle na nOspidéal is, by this Act, dissolved on the establishment day.

(2) The functions that are specified in section 41(1)(b)(i) and (ii) of the Health Act 1970 and that, immediately before the establishment day, were the functions of Comhairle na nOspidéal are, by this Act, transferred to the Executive on that day.

(3) Despite the repeal of section 41 of the Health Act 1970 by this Act, subsection (1)(c) of that section (duty to consult with colleges) applies to the Executive in relation to the function that is specified in subsection (1)(b) of that section and is transferred to the Executive.

(4) In this section and section 67 “Comhairle na nOspidéal” means the body of that name established under section 41 of the Health Act 1970.

Section 58

Dissolution of health boards and other specified bodies.

58

58.— The specified bodies are, by this Act, dissolved on the establishment day.

Section 59

Transfer of functions of specified bodies to Executive.

59

59.— (1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in Schedule 3, or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

(c) the area chief executive of an Area Health Board.

(4) This section does not apply in relation to the functions of the Hospital Bodies Administrative Bureau.

Section 60

Transfer of employees of specified bodies to Executive.

60

60.— (1) Each person who, immediately before the establishment day, was an employee of a specified body is, on that day, transferred to and becomes an employee of the Executive.

(2) Except in accordance with a collective agreement negotiated with a recognised trade union or association of employees, a person transferred under this section is entitled, while in the employment of the Executive, to terms and conditions of employment no less favourable than those to which the person was entitled immediately before the establishment day.

(3) Until the terms and conditions of employment to which a person transferred under this section was entitled immediately before the establishment day are varied by the Executive after consulting and reaching a collective agreement with the recognised trade union or association of employees concerned, they continue to apply to that person while in the employment of the Executive.

(4) The previous service of a person transferred under this section is to be counted as service for the purposes of, but subject to any exceptions or exclusions in, the following Acts:

(a) the Redundancy Payments Acts 1967 to 2003;

(b) the Protection of Employees (Part-Time Work) Act 2001;

(c) the Protection of Employees (Fixed-Term Work) Act 2003;

(d) the Organisation of Working Time Act 1997;

(e) the Minimum Notice and Terms of Employment Acts 1973 to 2001;

(f) the Unfair Dismissals Acts 1977 to 2001;

(g) the Maternity Protection Act 1994;

(h) the Parental Leave Act 1998;

(i) the Adoptive Leave Act 1995;

(j) the Carer's Leave Act 2001.

(5) Any superannuation benefits awarded to or in respect of a person transferred under this section and the terms relating to those benefits shall be no less favourable than those applicable to or in respect of that person immediately before the establishment day.

(6) If, in the period beginning on the establishment day and ending immediately before the commencement of a superannuation scheme under section 23 , a superannuation benefit becomes payable to or in respect of a person transferred under this section—

(a) the Executive shall calculate the benefit in accordance with such superannuation scheme, or such enactments in relation to superannuation, as applied to the person immediately before the establishment day,

(b) the person's pensionable service with the Executive shall, for the purpose of calculating the benefit, be aggregated with the person's previous pensionable service, and

(c) the benefit shall be paid by the Executive.

(7) In this section—

“previous service” means service before the applicable transfer day with a specified body;

“recognised trade union or association of employees” means a trade union or association of employees recognised by the Executive for the purposes of negotiations that are concerned with the terms and conditions of employment and the working conditions of employees;

“terms and conditions of employment” includes terms and conditions in respect of tenure of office, remuneration and related matters.

Section 61

Transfer of pension liabilities relating to former employees of specified bodies.

61

61.— (1) The pension payments and other superannuation liabilities of each specified body in respect of its former employees become on the establishment day the liabilities of the Executive.

(2) Subsection (1) is not to be taken to limit the generality of section 62(3) or (4).

Section 62

Transfer of property and liabilities to Executive.

62

62.— (1) On the establishment day, all land that, immediately before that day, was vested in a specified body and all rights, powers and privileges relating to or connected with that land are, without any conveyance or assignment, transferred to and vested in the Executive.

(2) On the establishment day, all property other than land (including choses-in-action) that, immediately before that day, was the property of a specified body is transferred to and vested in the Executive without any assignment.

(3) All rights and liabilities of a specified body arising by virtue of any contract or commitment (express or implied) entered into by that body before the establishment day are on that day transferred to the Executive.

(4) Each right and liability transferred under subsection (3) may on or after its transfer be sued on, recovered or enforced by or against the Executive in its own name and it shall not be necessary for the Executive to give notice of the transfer to the person whose right or liability is transferred.

Section 63

Preservation of contracts, etc., and adaptation of references.

63

63.— Every contract, agreement or arrangement made between a specified body and any other person and in force immediately before the establishment day—

(a) continues in force on and after that day,

(b) is to be read and have effect as if the name of the Executive were substituted in the contract, agreement or arrangement for that of the specified body, and

(c) is enforceable by and against the Executive.

Section 64

Pending legal proceedings.

64

64.— (1) If, immediately before the establishment day, any legal proceedings to which a specified body or Comhairle na nOspidéal is a party are pending in any court or tribunal, the Executive's name shall be substituted in the proceedings for the name of the specified body or Comhairle na nOspidéal and the proceedings shall not abate because of the substitution.

(2) Subsection (1) applies with the necessary modifications in relation to any legal proceedings to which, immediately before the establishment day, any of the following officers is, in his or her official capacity, a party:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

(c) the area chief executive of an Area Health Board.

(3) Any reference to a specified body or Comhairle na nOspidéal in an order made by a court before the establishment day shall, on the establishment day, be construed as a reference to the Executive.

Section 65

Preservation of orders, notices, rules, records, etc.

65

65.— (1) Any resolution passed, order made or notice served by a specified body before the establishment day the operation, effect or term of which has not ceased or expired immediately before that day continues in force on and after that day, and has effect as if it were a resolution passed, an order made or a notice served by the Executive.

(2) Any rule or regulation made by a specified body that was in force immediately before the establishment day continues in force on and after that day, and has effect as if it were a rule or regulation made by the Executive.

(3) Each rule or regulation continued in force under subsection (2) may be varied or revoked, and penalties and forfeitures arising under the rule or regulation may be recovered and enforced by the Executive.

(4) Each record held by a specified body immediately before the establishment day is on that day transferred to the Executive and is, on and from that day, deemed to be held by the Executive.

Section 66

References to specified bodies.

66

66.— Subject to this Act, references (however expressed) to a specified body in any Act passed before the establishment day, or in any instrument made before that day under an Act, are to be read as references to the Executive, unless the context otherwise requires.

Section 67

Functional areas of dissolved health boards.

67

67.— (1) An area that before the establishment day was a functional area of—

(a) a health board,

(b) the Eastern Regional Health Authority, or

(c) an Area Health Board,

becomes on that day a functional area of the Executive with the same geographical boundaries as it had before that day.

(2) References (however expressed) in any enactment referred to in Schedule 3 to a functional area of a health board, the Eastern Regional Health Authority or an Area Health Board are on and after the establishment day to be read as references to—

(a) the corresponding functional area of the Executive or that area as redefined in accordance with this section, or

(b) if the context so requires, the area comprising all of the corresponding functional areas of the Executive or comprising all of those areas as redefined in accordance with this section.

(3) Subject to subsection (4) and section 15(2)(a) of the Civil Registration Act 2004, the Executive may, by notice published in Iris Oifigiúil, redefine for any purpose specified by it in the notice the geographical boundaries of a functional area of the Executive.

(4) If the Executive proposes to redefine the geographical boundaries of a functional area for the purpose of any function that is the subject of an agreement under section 8 with a public authority, the Executive shall consult that public authority before redefining those boundaries.

Section 68

References to chief executives of dissolved health boards.

68

68.— F248[]

Annotations

Amendments:

F248

Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transtional provision in s. 23.

Section 69

References to deputy chief executives of dissolved health boards.

69

69.— F249[]

Annotations

Amendments:

F249

Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provision in s. 23.

Section 70

Dissolution of bodies established under Health (Corporate Bodies) Act 1961.

70

70.— F250[]

Annotations

Amendments:

F250

Repealed (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 4, commenced on enactment.

Section 71

Final accounts of specified bodies and other dissolved bodies.

71

71.— (1) The Executive shall prepare, in accordance with the accounting standards specified by the Minister for the purposes of section 36(3) and in respect of the period specified under subsection (3) of this section, final accounts of each body dissolved under section 58 or in accordance with an order under section 70 .

(2) The Executive shall submit the final accounts to the Comptroller and Auditor General for audit not later than 3 months after—

(a) the establishment day, in the case of a body dissolved under section 58 , or

(b) the dissolution of the body, in the case of a body dissolved in accordance with an order under section 70 .

(3) For the purpose of subsection (1), the Minister may specify a period that is longer or shorter than a financial year of the body concerned.

(4) Despite the repeal of section 6 of the Comptroller and Auditor General (Amendment) Act 1993, that section continues, subject to subsections (1) and (2) of this section, to apply in relation to the final accounts of the Eastern Regional Health Authority and a health board.

(5) Despite the repeal of section 18 of the Health (Amendment) (No. 3) Act 1996, that section continues, subject to subsections (1) and (2) of this section, to apply in relation to the final accounts of the Eastern Regional Health Authority and the Area Health Boards.

Section 72

Executive to prepare final annual report for specified bodies and other dissolved bodies.

72

72.— (1) The Executive shall prepare the final annual report for each body dissolved under section 58 or in accordance with an order under section 70 and submit the report to the Minister not later than—

(a) 6 months after the establishment day of the Executive, in the case of a body dissolved under section 58 , or

(b) as soon as practicable after the dissolution of the body, in the case of a body dissolved in accordance with an order under section 70 .

(2) Subsections (4) and (5) of section 37 apply with the necessary modifications in relation to an annual report prepared under this section.

PART 11

Repeals, Transitional Provisions and Amendment of Other Acts

Section 73

Repeals and revocations.

73

73.— (1) Each Act specified in the second column of Part 1 of Schedule 4 is repealed to the extent specified in the third column, but the repeal does not affect any notice or certificate given under the repealed Act and such notice or certificate has effect as if given under this Act.

(2) Each order specified in the second column of Part 2 of Schedule 4 is revoked to the extent specified in the third column.

(3) Each order, regulation and rule that was made under a provision of an enactment repealed or revoked by this Act and that was in force immediately before such repeal or revocation continues in force under the corresponding provision, if any, of this Act, subject to such adaptations and modifications as the Minister may, by regulation, make for the purpose of bringing any such order, regulation or rule into conformity with this Act.

Section 74

Savings and transitional provisions.

74

74.— The savings and transitional provisions in Schedule 5 have effect.

Section 75

Amendment of other Acts.

75

75.— The Acts specified in Schedules 6 and 7 are amended as indicated in those Schedules.

Annotations

Editorial Notes:

E53

Previous affecting provision: power pursuant to section exercised (1.01.2005) by National Breast Screening Board (Establishment) Order 2004 (S.I. No. 891 of 2004), in effect as per art. 2; revoked (1.01.2007) by National Cancer Screening Service Board (Establishment) Order 2006 (S.I. No. 632 of 2006), art. 8, in effect as per art. 2.

PART 12

Miscellaneous Provisions

Section 76

Effect of delegation and subdelegation of functions.

76

F251[76. (1) If a function of the Executive is delegated by the Board to the chief executive officer under section 16P(4), references in a provision of this Act or any other enactment that assign that function to the Executive or that regulate the manner in which the function is to be performed are to be construed as including references to the chief executive officer.

(2) If a function of the chief executive officer under section 21C is delegated by him or her to an employee of the Executive under section 21D(1)(a)(i) or is subdelegated by an employee authorised to do so under section 21D(1)(a)(ii), references in any provision of this Act or any other enactment that regulates the manner in which that function is to be performed are to be construed as including references to the employee to whom the function is delegated or subdelegated.

(3) If a function is delegated under section 16P(4) or section 21D or subdelegated under section 21D, the delegation or subdelegation is to be taken to include the delegation or subdelegation of any duty or power incidental to or connected with that function.

(4) An act or thing done by the chief executive officer pursuant to a delegation by the Board under section 16P(4) has the same force and effect as if done by the Board.

(5) An act or thing done by an employee of the Executive pursuant to a delegation or subdelegation under section 21D has the same force and effect as if done by the chief executive officer.

(6) The revocation of a delegation by the Board or the chief executive officer does not affect a subdelegation authorised under section 21D, unless the Board or chief executive officer, as the case may be, otherwise directs.

(7) A delegation or subdelegation of a function does not cease to have effect solely because the person who delegated or subdelegated the function or authorised its subdelegation no longer holds the position that the person held when the function was delegated, subdelegated or authorised to be subdelegated.]

Annotations

Amendments:

F251

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 28, S.I. No. 283 of 2019.

Editorial Notes:

E54

Previous affecting provision: section substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 19, S.I. No. 275 of 2013; section substituted as per F-note above.

Section 77

F252[Certificate evidence concerning delegation of functions.

77

77.— (1) In any legal proceedings, a certificate that—

(a) states that a specified function of the Executive was on a specified day delegated to the F253[chief executive officer],

(b) states that the delegation of the function concerned remained in force on a specified day, and

F253[(c) is signed by the chairperson,]

shall, unless the contrary is proved, be evidence of the matters stated in the certificate.

(2) In any legal proceedings, a certificate that—

(a) states that a specified function was on a specified day delegated or subdelegated to an employee of the Executive,

(b) states that the delegation or subdelegation of the function concerned remained in force on a specified day,

(c) specifies the limitations, if any, imposed on the delegation or subdelegation of the function concerned, and

F253[(d) is signed by the chief executive officer or an employee of the Executive who has subdelegated a specified function of the Executive delegated or subdelegated to him or her under section 21D,]

shall, unless the contrary is proved, be evidence of the matters stated in the certificate.

(3) A certificate referred to in subsection (1) or (2) that appears to be signed by F253[the chairperson, the chief executive officer or] the employee concerned, as the case may be, shall be admissible in any proceedings as evidence of the matters stated in the certificate without proof of his or her signature.]

Annotations

Amendments:

F252

Substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 20, S.I. No. 275 of 2013.

F253

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 29(a)(i), (a)(ii), (b), (c), S.I. No. 283 of 2019.

Section 78

General power to make regulations and orders.

78

78.— (1) The Minister may make regulations—

(a) for any purpose in relation to which regulations are provided for in this Act,

(b) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed, and

(c) generally for the purpose of giving effect to this Act.

(2) A regulation under this section may contain such consequential, supplementary and ancillary provisions as the Minister considers necessary or expedient.

(3) The Minister may—

(a) make orders for any matter in relation to which orders are provided for in this Act, and

(b) amend or revoke any such order (other than an order under section 3 or 4).

F254[(4) Subject to section 64 of the Health (Miscellaneous Provisions) Act 2022, the Government may by order, on the request of the Minister or the Minister for Children, Equality, Disability, Integration and Youth, make provision in relation to the processes and procedures by which the functions of the Minister or the Minister for Children, Equality, Disability, Integration and Youth are performed under this Act or transferred (whether before or after the commencement of section 46 of the Health (Miscellaneous Provisions) Act 2022) by an order under section 6 (1) of the Ministers and Secretaries (Amendment) Act 1939.]

Annotations

Amendments:

F254

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 46, S.I. No. 666 of 2022.

Editorial Notes:

E55

Power pursuant to section exercised (4.12.2018) by Health Act 2004 (Complaints) (Amendment) Regulations 2018 (S.I. No. 519 of 2018).

E56

Power pursuant to section exercised (1.01.2007) by Health Act 2004 (Complaints) Regulations 2006 (S.I. No. 652 of 2006), in effect as per reg. 1(2).

E57

Power pursuant to section exercised (12.12.2005) by Health Act 2004 (Dealings with members of either House of the Oireachtas) Regulations 2005 (S.I. No. 798 of 2005).

E58

Power pursuant to section exercised (12.12.2005) by Health Act 2004 (Regional Health Forums) Regulations 2005 (S.I. No. 797 of 2005).

Section 79

Regulations relating to members of either House of Oireachtas.

79

79.— (1) The Executive shall conduct its dealings with members of either House of the Oireachtas in accordance with regulations under subsection (2).

(2) The Minister may make regulations for the purposes of subsection (1) including regulations relating to—

(a) the supply by the Executive of specified documents or specified information to members of either House,

(b) correspondence by the Executive with those members, and

(c) such other matters as the Minister may consider appropriate for the purposes of subsection (1).

(3) Nothing in this section or in any regulations under this section is to be taken to require the Executive to disclose confidential information or information that it is otherwise precluded by law from disclosing.

(4) In this section—

“confidential information” has the same meaning as in F255[section 26(4)];

“dealing”, in relation to a member of either House of the Oireachtas, means any dealing with the member in his or her capacity as such a member.

Annotations

Amendments:

F255

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 30, S.I. No. 283 of 2019.

Editorial Notes:

E59

Power pursuant to section exercised (12.12.2005) by Health Act 2004 (Dealings with members of either House of the Oireachtas) Regulations 2005 (S.I. No. 798 of 2005).

Section 80

Laying of regulations and orders before Houses of Oireachtas.

80

80.— (1) The Minister shall ensure that every regulation and every order made by the Minister under this Act (other than an order under section 3 or 4) is laid before each House of the Oireachtas as soon as practicable after it is made.

(2) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which a regulation or order is laid before it under this section, annul the regulation or order.

(3) The annulment of a regulation or order under subsection (2) takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the regulation or order before the passing of that resolution.

F256[(4) Every order under subsection (4) of section 78 shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.]

Annotations

Amendments:

F256

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 47, S.I. No. 666 of 2022.

Section 81

F257[Savers

81

81. (1) Subsection (2) applies where the Executive commenced but did not complete before the relevant date—

(a) the performance of a function under this Act or any other enactment, or

(b) the taking of an action or the doing of a thing for the purposes of this Act or any other enactment.

(2) The Board may, on or after the relevant date, complete—

(a) the performance of that function, or

(b) the taking of that action or the doing of that thing,

to the extent that to do so is not inconsistent with, in the case of paragraph (a), the Board’s functions under this Act or any other enactment and, in the case of paragraph (b), the actions that the Board may take or the things that the Board may do for the purposes of this Act or any other enactment.

(3) Subsection (4) applies where the Director General commenced but did not complete before the relevant date—

(a) the performance of a function under this Act or any other enactment other than an excluded function, or

(b) the taking of an action or the doing of a thing for the purposes of this Act or any other enactment other than an excluded action or thing.

(4) The chief executive officer may, on or after the relevant date, complete—

(a) the performance of that function, or

(b) the taking of that action or the doing of that thing,

to the extent that to do so is not inconsistent with, in the case of paragraph (a), the officer’s functions under this Act or any other enactment and, in the case of paragraph (b), the actions that the officer may take or the things that the officer may do for the purposes of this Act or any other enactment.

(5) Subject to subsection (6), a relevant delegation or relevant subdelegation shall, subject to its terms, continue to have effect on and after the relevant date.

(6) The chief executive officer may vary or revoke a relevant delegation or relevant subdelegation made by the Director General.

(7) In this section—

"excluded action or thing", in relation to the Director General, means an action taken, or a thing done, by the Director General for the purpose of this Act or any other enactment in his or her capacity as a member of the Directorate or as the chairperson of the Directorate;

"excluded function", in relation to the Director General, means a function of the Director General in his or her capacity as a member of the Directorate or as the chairperson of the Directorate;

"relevant date" means the date of commencement of section 31 of the Health Service Executive (Governance) Act 2019;

"relevant delegation" means a delegation made in accordance with this Act before the relevant date and which was in force immediately before that date;

"relevant subdelegation" means a subdelegation made in accordance with this Act before the relevant date and which was in force immediately before that date.]

Annotations

Amendments:

F257

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 31, S.I. No. 283 of 2019.

Section 82

F258[Offences

82

82. (1) A person guilty of an offence under this Act shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 3 years or both.

(2) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.]

Annotations

Amendments:

F258

Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 31, S.I. No. 283 of 2019. A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

Section 83

F259[References to Board and chief executive officer

83

83. Unless the context otherwise requires—

(a) a reference to the Board which was, before the commencement of section 3 (b) of the Health Service Executive (Governance) Act 2019, construed, by virtue of section 22 of the Health Service Executive (Governance) Act 2013, as a reference to the Directorate shall, on and after that commencement, be construed as a reference to the Board, and

(b) a reference to the chief executive officer which was, before the commencement of the said section 3 (b), construed, by virtue of such section 22, as a reference to the Director General shall, on and after that commencement, be construed as a reference to the chief executive officer.]

Annotations

Amendments:

F259