Health Act 2004

F87 [ Executive to prepare and submit service plan for Minister's approval.

31

31. (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, and

( b ) adopt the plan so prepared and submit it to the Minister for approval.

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

F88 [ ( a ) the period ending 21 days after the Executive receives the section 30A(1) determination concerned, or ]

( b ) such other period as the Minister may allow.

(3) The Minister 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,

F89 [ ( 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 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,

( f ) be consistent with any directions issued by the Minister under section 10 , and

F90 [ ( g ) accord with the policies (whether set out in codes, guidelines or other documents, or any combination thereof) and objectives of the Minister 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 , and

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

F90 [ (6) If the Executive fails to submit a service plan to the Minister before the expiry of the specified period, the Minister may, in writing, issue a direction, directing the Executive to prepare and submit a service plan to him or her 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. ]

F91 [ (6A) ( a ) Subject to paragraph (b) , if the Executive fails to comply with a direction under subsection (6) , the Minister may, in writing, issue a direction, directing the chief executive officer to prepare and submit a service plan to him or her 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 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 by the F92 [ chief executive officer in compliance with subsection (6A) ] shall be deemed to have been prepared, adopted and submitted by the Executive.

(8) Not later than 21 days after receiving a service plan under this section, F93 [ the Minister shall— ]

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

( b ) approve the service plan with such amendments as the Minister, having consulted with the Executive, may determine, or

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

F93 [ (9) The Minister may direct the Executive to amend a service plan submitted under this section if, in the opinion of 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

F92 [ ( 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 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 may refuse to approve a service plan unless it is amended in accordance with a direction issued under subsection (9) .

(11) The F92 [ chief executive officer ] shall comply with a direction issued to him or her under this section.

(12) F94 [ ]

(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.

(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. ]

F89 [ (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:

F87

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

F88

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

F89

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

F90

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

F91

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

F92

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

F93

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

F94

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