Health Act 2004

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.