Health Act 2004
Effect of delegation and subdelegation of functions.
F185[76.— (1) If a function of the Executive is delegated by the Board to the chief executive officer under section 16P(4), references in a provision of this Act or any other enactment that assign that function to the Executive or that regulate the manner in which the function is to be performed are to be construed as including references to the chief executive officer.
(2) If a function of the chief executive officer under section 21C is delegated by him or her to an employee of the Executive under section 21D(1)(a)(i) or is subdelegated by an employee authorised to do so under section 21D(1)(a)(ii), references in any provision of this Act or any other enactment that regulates the manner in which that function is to be performed are to be construed as including references to the employee to whom the function is delegated or subdelegated.
(3) If a function is delegated under section 16P(4) or section 21D or subdelegated under section 21D, the delegation or subdelegation is to be taken to include the delegation or subdelegation of any duty or power incidental to or connected with that function.
(4) An act or thing done by the chief executive officer pursuant to a delegation by the Board under section 16P(4) has the same force and effect as if done by the Board.
(5) An act or thing done by an employee of the Executive pursuant to a delegation or subdelegation under section 21D has the same force and effect as if done by the chief executive officer.
(6) The revocation of a delegation by the Board or the chief executive officer does not affect a subdelegation authorised under section 21D, unless the Board or chief executive officer, as the case may be, otherwise directs.
(7) A delegation or subdelegation of a function does not cease to have effect solely because the person who delegated or subdelegated the function or authorised its subdelegation no longer holds the position that the person held when the function was delegated, subdelegated or authorised to be subdelegated.]
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 28, S.I. No. 283 of 2019.
Previous affecting provision: section substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 19, S.I. No. 275 of 2013; section substituted as per F-note above.