Health Act 2004

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.