Health Act 2004

F149[Determination by Minister of capital funding and submission by Executive of capital plans

33B

33B. (1) The Minister F150[and the Minister for Children, Equality, Disability, Integration and Youth] 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 F150[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth and, in so far as the funding relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, after consultation with 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 F151[and the Minister for Children, Equality, Disability, Integration and Youth], the Executive shall, in accordance with subsection (3), submit to the Minister F151[and the Minister for Children, Equality, Disability, Integration and Youth] for approval an annual capital plan—

(a) prepared in such form and containing such information as may be specified by the Minister F151[and the Minister for Children, Equality, Disability, Integration and Youth], and

(b) relating to the financial year to which that notification relates.

(3) The annual capital plan shall be submitted to the Minister F152[and the Minister for Children, Equality, Disability, Integration and Youth] within—

(a) 21 days after the Executive receives the notification from the Minister F152[and the Minister for Children, Equality, Disability, Integration and Youth], or

(b) such longer period (not exceeding 42 days after the receipt of that notification) as the Minister F152[and the Minister for Children, Equality, Disability, Integration and Youth] may allow.

(4) Subsections (6) to (11) of section 31 shall apply with all necessary modifications to an annual capital plan.

F153[(5) Notwithstanding any other provision of this section, the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth or, in so far as the capital 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, after consultation with the Minister, may at any time direct in writing the Executive to submit to the Minister and the Minister for Children, Equality, Disability, Integration and Youth 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 or the Minister for Children, Equality, Disability, Integration and Youth 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 F154[or the Minister for Children, Equality, Disability, Integration and Youth] for the financial year or part of a financial year to which the plan relates.

(7) Subject to subsection (10), the Minister F154[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth or, in so far as the amendment relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, after consultation with 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 F154[and the Minister for Children, Equality, Disability, Integration and Youth after consultation between such Ministers], 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.]

Annotations:

Amendments:

F149

Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 11, commenced on enactment.

F150

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 29(a)(i), (ii), S.I. No. 666 of 2022.

F151

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 29(b)(i), (ii), S.I. No. 666 of 2022.

F152

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 29(c)(i), (ii) S.I. No. 666 of 2022.

F153

Substituted (1.03.2022) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 29(d), S.I. No. 666 of 2022.

F154

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 29(e), (f), (g), S.I. No. 666 of 2022.