Health Act 2004
F103[Determination by Minister of capital funding and submission by Executive of capital plans
33B.— (1) The Minister shall—
(a) subject to subsection (9) and with the consent of the Minister for Public Expenditure and Reform, in respect of each financial year of the Executive, determine the maximum amount of funding that the Minister will make available to the Executive in that year for capital expenditure, and
(b) notify the Executive in writing of that amount as soon as is practicable.
(2) After receiving the notification under subsection (1)(b) from the Minister, the Executive shall, in accordance with subsection (3), submit to the Minister for approval an annual capital plan—
(a) prepared in such form and containing such information as may be specified by the Minister, and
(b) relating to the financial year to which that notification relates.
(3) The annual capital plan shall be submitted to the Minister within—
(a) 21 days after the Executive receives the notification from the Minister, or
(b) such longer period (not exceeding 42 days after the receipt of that notification) as the Minister may allow.
(4) Subsections (6) to (11) of section 31 shall apply with all necessary modifications to an annual capital plan.
(5) Notwithstanding any other provision of this section but subject to subsection (10), the Minister may at any time direct in writing the Executive to submit to the Minister for approval a capital plan prepared in such form, containing such information and covering such part of a financial year as may be specified by the Minister in such direction.
(6) In preparing a capital plan for submission under this section, the Executive shall have regard to any priorities that may be determined by the Minister for the financial year or part of a financial year to which the plan relates.
(7) Subject to subsection (10), the Minister may at any time direct the Executive to amend a capital plan submitted and approved under this section.
(8) The Executive may, with the prior approval of the Minister, amend a capital plan submitted and approved under this section.
(9) The Minister shall not, in the financial year 2014, make a determination under subsection (1)(a) except in respect of the financial year 2015.
(10) The Minister shall not, in the financial year 2014, give a direction under subsection (5) or (7) except in respect of—
(a) a capital plan for the financial year 2015, or
(b) a capital plan for a part of the financial year 2015.]
Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 11, commenced on enactment.