Health Act 2004

Directions from Minister.

10

10.— F12 [ (1) The Minister may issue general written directions F13 [ 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 F13 [ 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 F13 [ subsection (1) , ]

( b) any information or statistics relating to the performance of the Executive's F13 [ functions, or ]

F14 [ ( 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) F15 [ 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) F15 [ 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.

F16 [ (7) F15 [ 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:

F12

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

F13

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.

F14

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

F15

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

F16

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