Health Act 2004

Arrangements with service providers.

38

38.— (1) The Executive may, subject to its available resources and any directions issued by the Minister under section 10 , enter, on such terms and conditions as it considers appropriate, into an arrangement with a person for the provision of a health or personal social service by that person on behalf of the Executive.

(2) Before entering into an arrangement under this section, the Executive shall determine, in respect of a financial year of the Executive, the maximum amount of funding (whether capital funding or non-capital funding) that it proposes to make available in that year under the arrangement and the level of service it expects to be provided for that funding.

(3) A service provider shall—

(a) keep, in such form as may be approved by the Executive in accordance with any general direction issued by the Minister, all proper and usual accounts and records of income received and expenditure incurred by it,

F115[(b) submit such accounts annually for examination, and]

(c) supply a copy of the audited accounts and the auditor's certificate and report on the accounts to the Executive within such period as may be specified by the Executive.

F116[(4) The expenses incurred in the carrying out of an audit of accounts submitted for examination in accordance with subsection (3) shall be payable by the service provider who so submitted them for examination.]

F117[F116[(4A)] The Executive may make an arrangement for the provision of a health or personal social service in accordance with this section by seeking and accepting a tender for the provision of such services.

F116[(4B)] A service provider providing a service in accordance with F116[subsection (4A)] is exempt from the requirements of subsections (2) and (3).]

(5) The Executive may exempt from the requirements of subsection (3)—

(a) a service provider who in any one financial year receives from the Executive in respect of health and personal social services provided on behalf of the Executive a total sum that does not exceed the amount that may be determined by the Minister, or

(b) such other categories of service providers as may be specified by the Minister.

(6) The Executive may make such arrangements as it considers appropriate to monitor—

(a) the expenditure incurred in the provision of health or personal social services by service providers exempted under subsection (5), and

(b) the provision of those services by such service providers.

(7) The Executive may request from a service provider any information that it considers material to the provision of a health or personal social service by the service provider.

(8) A service provider shall comply with a request made under subsection (7) to the service provider.

(9) At the Minister's request, the Executive shall supply the Minister with any information obtained in response to a request under subsection (7).

Annotations:

Amendments:

F115

Substituted (15.05.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 4 item 4(a), S.I. No. 226 of 2007.

F116

Substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 21(a)-(d), commenced on enactment.

F117

Inserted (15.05.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 4 item 4(b), S.I. No. 226 of 2007.

Editorial Notes:

E19

The insertion of subss. (4), (5) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 4 item 4(b) duplicated the existing subss. (4), (5); this was corrected by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 21(b), (c), (d) as per F-note above.