Health Act 2004
Restriction on type of recommendations complaints officers may make and power to suspend implementation of recommendations.
51.— (1) A complaints officer may not, following the investigation of a complaint, make a recommendation the implementation of which would require or cause—
(a) the Executive to make a material amendment to its approved service plan, or
(b) a service provider and the Executive to make a material amendment to an arrangement under section 38 .
(2) If, in the opinion of the relevant person, such a recommendation is made, that person shall either—
(a) amend the recommendation in such manner as makes the amendment to the applicable service plan or arrangement unnecessary, or
(b) reject the recommendation and take such other measures to remedy, mitigate or alter the adverse effect of the matter to which the complaint relates as the relevant person considers appropriate.
(3) Pending the outcome of a review, the relevant person may suspend the implementation of a recommendation made by a complaints officer if satisfied that, in the interests of fair and sound administration, it is appropriate to do so.
(4) In this section “relevant person” means—
(a) in relation to a complaint dealt with by the Executive in accordance with the procedures established under section 49(1), the F149[chief executive officer] and
(b) in relation to a complaint dealt with in accordance with the procedures established by a service provider under section 49(2), the service provider.
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 26, S.I. No. 283 of 2019.
Previous affecting provision: subs. (4)(a) amended (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 18, S.I. No. 275 of 2013; substituted as per F-note above.