Health Act 2007
Number 23 of 2007
HEALTH ACT 2007
REVISED
Updated to 26 September 2024
This Revised Act is an administrative consolidation of the Health Act 2007. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Criminal Justice (Amendment) Act 2024 (31/2024), enacted 4 October 2024, and all statutory instruments up to and including the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (Commencement) Order 2024 (S.I. No. 482 of 2024), made 24 September 2024, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 23 of 2007
HEALTH ACT 2007
REVISED
Updated to 26 September 2024
ARRANGEMENT OF SECTIONS
Preliminary Matters
Section
1. Short title, collective citation and construction.
Health Information and Quality Authority
6. Establishment of Health Information and Quality Authority.
9. Investigations by Authority.
10. Standards set by Authority.
11. Admissibility of standards in court proceedings.
12. Provision of information to Authority.
Board of the Authority
16. Resignations and casual vacancies.
17. Removal of members from office.
18. Meetings and procedures of Board.
20. Remuneration and expenses of members of Board and committees.
Chief Executive Officer of the Authority
21. Chief executive officer of Authority.
22. Functions of chief executive officer.
23. Delegation of functions of chief executive officer.
24. Accountability of chief executive officer to Committee of Public Accounts.
25. Accountability of chief executive officer to other Oireachtas Committees.
Employees and Advisers
Accountability and Funding of Authority
30. Corporate plan of Authority.
31. Determination by Minister of net expenditure limits for Authority.
33. Submission of business plan.
38. Assistance to other bodies.
Office of the Chief Inspector of Social Services
40. Office of Chief Inspector of Social Services.
41. Functions of chief inspector.
41A. Review of specified incident by chief inspector.
42. Accountability of chief inspector to Oireachtas Committees.
43. Inspectors of Social Services.
44. Plans and reports of Office of Chief Inspector.
45. Arrangements with Executive.
Regulation of Designated Centres
46. Prohibition against carrying on unregistered designated centre.
47. Prohibition against false or misleading applications for registration.
48. Applications for registration.
49. Register of designated centres.
50. Grant or refusal of registration.
51A. Removal of condition of registration.
52. Applications by registered providers.
53. Notice of certain proposed decisions of chief inspector.
54. Right to respond to notice of proposed decision.
55. Notice of decisions of chief inspector.
56. Required or prohibited conduct in relation to designated centre.
57. Appeal to District Court from decision of chief inspector respecting registration.
58. Chief inspector may seek District Court order enforcing certain decisions.
59. Chief inspector may seek District Court order for cancellation or variation of registration.
60. Ex parte interim order in proceedings under section 59.
61. Final determination of matters dealt with in an ex parte interim order under section 59.
62. Appeals to Circuit Court from decisions of District Court.
63. Status of chief inspector in court proceedings.
64. Care of residents on cancellation of registration.
65. Submission of information.
65A. Submission of information to chief inspector in accordance with regulations under section 101B.
65B. Prohibition against submission of false or misleading information.
66. Prohibition against closure of designated centre without notice.
67. Cancellation of registration on closure of designated centre.
68. Notice of appointment under law to take charge of designated centre.
69. Transitional provision for registration of existing designated centres.
69A. Transitional provision in relation to amendment of certain time limits.
Inspections and Investigations
70. Appointment by the Authority of authorised persons.
71. Appointment by Executive of persons to examine designated centres.
72. Appointment of qualified persons to assist chief inspector and inspectors in an inspection.
73. Right of entry and inspection by authorised person or chief inspector.
73A. Right of entry and inspection by chief inspector (premises that are not registered).
73B. Circumstances in which District Court may issue warrant for premises that is not registered.
74. Requirement for occupier’s consent or District Court warrant to enter dwelling.
75. Further circumstances in which District Court may issue warrant.
76. Authorised person or chief inspector may be accompanied by Garda.
77. Prohibition against certain conduct in relation to inspections under section 73.
77A. Reports of Authority or chief inspector.
77B. Prohibition against certain conduct in relation to inspections under section 73A.
78. Reports of authorised persons, the chief inspector and inspectors.
Compliance Notices
78B. Chief inspector may publish information respecting certain persons.
Offences
Standards, Disqualifications, etc.
83. Availability of codes of conduct.
84. Prohibition against unauthorised disclosure of confidential information.
Dissolution of Specified Bodies, Transfer of Employees, Property and Liabilities to the Authority
87. Dissolution of specified bodies.
88. Transfer of employees of specified bodies to Authority.
89. Transfer of staff of Minister to Authority.
90. Transfer of employees of Executive to Authority.
91. Transfer of pension liabilities relating to former employees of specified bodies.
92. Transfer of property and liabilities to Authority.
93. Preservation of contracts, etc., and adaptation of references.
94. Records of specified bodies.
95. Pending legal proceedings.
96. Final accounts of specified bodies.
97. Final reports of specified bodies.
Regulations
99. Regulations governing registration under this Act.
100. Regulations respecting procedures for setting standards. (Repealed)
101. Regulations respecting designated centres.
101A. Prescribed private health services.
102. Laying of regulations and orders before Houses of Oireachtas.
Protection of Disclosures of Information
103. Protection of disclosures of information.
Consequential and Minor Amendments to Other Acts
Repeals and Revocations
Acts Repealed
Orders Revoked
Amendments to Other Acts
Amendments to Child Care Act 1991
Amendment to Comptroller and Auditor-General (Amendment) Act 1993
Amendments to Freedom of Information Act 1997
Amendments to Health Act 2004
Amendment to Civil Registration Act 2004
Amendment to Disability Act 2005
Amendment to Health (Repayment Scheme) Act 2006
Acts Referred to
|
Adoptive Leave Acts 1995 and 2005 |
|
|
2001, No. 19 |
|
|
1942, No. 22 |
|
|
Central Bank and Financial Services Authority of Ireland Act 2003 |
2003, No. 12 |
|
1991, No. 17 |
|
|
Child Care Acts 1991 and 2001 |
|
|
2001, No. 24 |
|
|
2004, No. 3 |
|
|
1990, No. 33 |
|
|
1993, No. 8 |
|
|
1981, No. 11 |
|
|
2006, No. 26 |
|
|
Cruelty to Animals Act 1876 |
39 & 40 Vic., c. 77 |
|
Data Protection Acts 1988 and 2003 |
|
|
1985, No. 9 |
|
|
2005, No. 14 |
|
|
Education of Persons with Special Educational Needs Act 2004 |
2004, No. 30 |
|
1995, No. 22 |
|
|
1997, No. 2 |
|
|
1998, No. 29 |
|
|
1997, No. 13 |
|
|
Freedom of Information Acts 1997 and 2003 |
|
|
1946, No. 9 |
|
|
1947, No. 28 |
|
|
2004, No. 42 |
|
|
Health Acts 1947 to 2006 |
|
|
2005, No. 27 |
|
|
1961, No. 27 |
|
|
1994, No. 16 |
|
|
1990, No. 23 |
|
|
2007, No. 1 |
|
|
2006, No. 17 |
|
|
1961, No. 21 |
|
|
2001, No. 37 |
|
|
1994, No. 34 |
|
|
1978, No. 4 |
|
|
2001, No. 25 |
|
|
Mental Health Acts 1945 to 2001 |
|
|
Minimum Notice and Terms of Employment Acts 1973 to 2005 |
|
|
1990, No. 18 |
|
|
2000, No. 39 |
|
|
1985, No. 18 |
|
|
1997, No. 20 |
|
|
Parental Leave Acts 1998 and 2006 |
|
|
Petty Sessions (Ireland) Act 1851 |
14 & 15 Vic., c. 93 |
|
Pharmacy Act (Ireland) 1875 |
38 & 39 Vic., c. 57 |
|
2003, No. 29 |
|
|
2001, No. 45 |
|
|
1998, No. 49 |
|
|
2002, No. 6 |
|
|
Public Service Management (Recruitment and Appointments) Act 2004 |
2004, No. 33 |
|
Redundancy Payments Acts 1967 to 2003 |
|
|
2001, No. 31 |
|
|
Unfair Dismissals Acts 1977 to 2005 |
Number 23 of 2007
HEALTH ACT 2007
REVISED
Updated to 26 September 2024
AN ACT TO ESTABLISH A BODY TO BE KNOWN AS AN tÚDARÁS UM FHAISNÉIS AGUS CÁILÍOCHT SLÁINTE OR, IN THE ENGLISH LANGUAGE, AS THE HEALTH INFORMATION AND QUALITY AUTHORITY AND OIFIG AN PHRÍOMH-CHIGIRE SEIRBHÍSÍ SÓISIALACHA OR, IN THE ENGLISH LANGUAGE, THE OFFICE OF THE CHIEF INSPECTOR OF SOCIAL SERVICES AND TO PROVIDE FOR THE DISSOLUTION OF CERTAIN BODIES; TO PROVIDE FOR THE TRANSFER OF THE FUNCTIONS OF THE DISSOLVED BODIES AND THEIR EMPLOYEES TO THE HEALTH INFORMATION AND QUALITY AUTHORITY; TO PROVIDE FOR A SCHEME OF REGISTRATION AND INSPECTION OF RESIDENTIAL SERVICES FOR OLDER PEOPLE, PERSONS WITH DISABILITIES AND CHILDREN IN NEED OF CARE AND PROTECTION; TO PROVIDE FOR THE REPEAL AND AMENDMENT OF CERTAIN OTHER ACTS; AND TO PROVIDE FOR RELATED MATTERS.
[21st April, 2007]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and references construed (1.03.12023) by Specialist Community-Based Disability Services (Transfer of Departmental Administration and Ministerial Functions) Order 2022 (S.I. No. 688 of 2022), arts. 2, 3, in effect as per reg. 1(2), subject to transitional provisions in arts. 5-9.
2. In this Order, “relevant function” means – ...
(b) any function transferred to the Minister for Children, Equality, Disability, Integration and Youth by –
(i) the Health Act 2004 (No. 42 of 2004),
(ii) the Disability Act 2005 (No. 14 of 2005),
(iii) the Health Act 2007 (No. 23 of 2007),
in so far only as the function consists of, or is connected with, specialist community-based disability services, within the meaning of the Health Act 2004, or any such other function otherwise assigned to that Minister by any of those Acts.
3. (1) The administration and business in connection with the exercise, performance or execution of any relevant function are transferred to the Department of Children, Equality, Disability, Integration and Youth.
(2) References to the Department of Health contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children, Equality, Disability, Integration and Youth.
...
C2
Application of Act affected (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 48(8), S.I. No. 637 of 2017.
Transitional provisions
48. — ...
(6) A person who immediately before the relevant date was carrying on the business of providing special care to children in a special care unit may continue to do so, notwithstanding section 46 of the Act of 2007, for a period not exceeding one year from the relevant date.
...
(8) During the period referred to in subsection (6), the Act of 2007 applies to the person referred to in subsection (6) and to the special care unit referred to in subsection (6) as if the special care unit were a registered designated centre under the Act of 2007 and that person is registered as its registered provider.
...
C3
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and ...
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 23 of 2007 |
Health Act 2007 |
Sections 6(3), 20, 28, 32, 35, 39 and 70 |
|
... |
... |
... |