Health Act 2004

F95 [ Amendment of approved service plan.

32

32.— (1) After approving a service plan, 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.

F96 [ (1A) Subject to subsection (1B) , after amending a section 30A(1) determination, the Minister may—

( a ) direct the Executive to amend, in such manner as the Minister 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) F97 [ Subject to subsection (4) , the Executive ] may amend an approved service plan.

(3) If the Minister directs the Executive to submit an amended service plan in accordance with F97 [ 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) , F98 [ the Minister 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.

(6) Unless the direction or notification relating to an amended service plan is issued by the Minister within the period specified in subsection (5) , the amended service plan is deemed to have been approved by the Minister immediately before the end of that period.

(7) If a direction relating to an amended service plan is issued by the Minister 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.

(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.

(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:

F95

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

F96

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

F97

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

F98

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.