Health Act 2007
Number 23 of 2007
HEALTH ACT 2007
REVISED
Updated to 12 April 2022
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 Health (Miscellaneous Provisions) Act 2022 (6/2022), enacted 12 April 2022, and all statutory instruments up to and including the Affordable Housing (No. 2) Regulations 2022 (S.I. No. 184 of 2022), made 13 April 2022, 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 12 April 2022
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
Health Acts 1947 to 2020: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 1(2)). The Acts in this group are:
• Health Act 1947 (28/1947)
• Health Act 1953 (26/1953) (citation only)
• Health (Fluoridation of Water Supplies) Act 1960 (46/1960) (citation only)
• Health Act 1970 (1/1970)
• Misuse of Drugs Act 1977 (12/1977), s. 36 and s. 42 in so far as it amends the Health Acts 1947 to 1970 (citation only)
• Health (Family Planning) Act 1979 (20/1979)
• Health (Amendment) Act 1986 (10/1986)
• Health (Amendment) Act 1987 (3/1987)
• Health (Nursing Homes) Act 1990 (23/1990)
• Health (Amendment) Act 1991 (15/1991), other than s. 8
• Health (Amendment) Act 1994 (11/1994)
• Health (Amendment) Act 1996 (15/1996)
• Health (Amendment) (No. 2) Act 1996 (23/1996)
• Health (Amendment) (No. 3) Act 1996 (32/1996), other than ss. 21 and 22
• Health (Provision of Information) Act 1997 (9/1997)
• Health (Eastern Regional Health Authority) Act 1999 (13/1999)
• Health (Miscellaneous Provisions) Act 2001 (14/2001), except in so far as it relates to the Tobacco (Health Promotion and Protection) Act 1988 (citation only)
• Health Act 2004 (42/2004)
• Health (Amendment) Act 2005 (3/2005), in so far as it amends the Health Acts 1947 to 2004
• Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), Part 5
• Health (Repayment Scheme) Act 2006 (17/2006)
• Hepatitis C Compensation Tribunal (Amendment) Act 2006 (22/2006), except s. 6
• Health (Nursing Homes) (Amendment) Act 2007 (1/2007)
• Health Act 2007 (23/2007)
• Medical Practitioners Act 2007 (25/2007), s. 57(9) (citation only)
• Health Act 2008 (21/2008)
• Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 64
• Health (Amendment) Act 2010 (15/2010) (citation only)
• Health (Amendment) (No. 2) Act 2010 (20/2010)
• Child Care (Amendment) Act 2011 (19/2011), ss. 35 and 36 (citation only)
• Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013)
• Health (Pricing and Supply of Medical Goods) Act 2013 (14/2013), s. 30 (citation only)
• Health Service Executive (Governance) Act 2013 (23/2013)
• Health (Alteration of Criteria for Eligibility) (No. 2) Act 2013 (42/2013) (citation only)
• Local Government Reform Act (1/2014), the amendment to the Health (Fluoridation of Water Supplies) Act 1960 provided for in section 5 (6) and sch. 2, part 6.
• Health Service Executive (Financial Matters) Act 2014 (17/2014)
• Health (General Practitioner Service) Act 2014 (28/2014)
• Health (General Practitioner Service) Act 2015 (19/2015)
• Health (General Practitioner Service) Act 2018 (13/2018)
• Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 (11/2020)
• Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), Part 2
Acts previously included in the group but now repealed are:
• Health Act 1954 (23/1954)
• Health and Mental Treatment Act 1957 (16/1957), s. 1
• Health and Mental Treatment (Amendment) Act 1958 (37/1958), s.1
• Health (Homes For Incapacitated Persons) Act 1964 (8/1964)
• Health and Mental Treatment (Amendment) Act 1966 (2/1966), s. 1
• Health (Mental Services) Act 1981 (17/1981)
• Health (Family Planning) (Amendment) Act 1985 (4/1985)
• Health (Amendment) Act 2004 (19/2004)
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Health (Miscellaneous Provisions) Act 2022 (6/2022)
• Health (Amendment) Act 2016 (6/2016)
• Child Care (Amendment) Act 2015 (45/2015)
• Freedom of Information Act 2014 (30/2014)
• Child and Family Agency Act 2013 (40/2013)
• Protection of Life During Pregnancy Act 2013 (35/2013)
• Child Care (Amendment) Act 2011 (19/2011)
• Health (Miscellaneous Provisions) Act 2010 (18/2010)
• Health (Miscellaneous Provisions) Act 2009 (25/2009)
All Acts up to and including Health (Miscellaneous Provisions) Act 2022 (6/2022), enacted 12 April 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2019 (S.I. No. 39 of 2019)
• European Union (Basic Safety Standards for Protection Against Dangers Arising from Medical Exposure to Ionising Radiation) Regulations 2018 (S.I. No. 256 of 2018)
• Health Act 2007 (Care and Welfare of Children in Special Care Units) (Amendment) Regulations 2018 (S.I. No. 108 of 2018)
• Health Act 2007 (Registration of Designated Centres) (Special Care Units) Regulations 2017 (S.I. No. 635 of 2017)
• Health Act 2007 (Care and Welfare of Children in Special Care Units) Regulations 2017 (S.I. No. 634 of 2017)
• Health Act 2007 (Commencement) (No. 2) Order 2017 (S.I. No. 633 of 2017)
• Health Act 2007 (Registration of Designated Centres for Older People) (Amendment) Regulations 2017 (S.I. No. 430 of 2017)
• Health Act 2007 (Commencement) Order 2017 (S.I. No. 429 of 2017)
• Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) (Amendment) Regulations 2017 (S.I. No. 428 of 2017)
• Health Information and Quality Authority Superannuation Scheme 2017 (S.I. No. 76 of 2017)
• Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) (Amendment) Regulations 2016 (S.I. No. 293 of 2016)
• Health Act 2007 (Registration of Designated Centres for Persons (Children and Adults) with Disabilities) (Amendment) Regulations 2015 (S.I. No. 226 of 2015)
• Health Act 2007 (Registration of Designated Centres for Older People) Regulations 2015 (S.I. No. 61 of 2015)
• Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2014 (S.I. No. 268 of 2014)
• Health Act 2007 (Registration of Designated Centres for Older People) (Amendment) Regulations 2013 (S.I. No. 493 of 2013)
• Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 (S.I. No. 415 of 2013)
• Health Act 2007 (Care and Support of Residents in Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013 (S.I. No. 367 of 2013)
• Health Act 2007 (Registration of Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013 (S.I. No. 366 of 2013)
• Health Act 2007 (Commencement) Order 2013 (S.I. No. 365 of 2013)
• Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. No. 135 of 2013)
• Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) (Amendment) Regulations 2012 (S.I. No. 95 of 2012)
• Health Act 2007 (Section 11) (Commencement) Order 2011 (S.I. No. 571 of 2011)
• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)
• Health Act 2007 (Registration of Designated Centres for Older People) (Amendment) Regulations 2010 (S.I. No. 593 of 2010)
• Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) (Amendment) Regulations 2010 (S.I. No. 36 of 2010)
• Health Act 2007 (Commencement) (No. 3) Order 2009 (S.I. No. 268 of 2009)
• Health Act 2007 (Registration of Designated Centres for Older People) Regulations 2009 (S.I. No. 245 of 2009)
• Health Act 2007 (Commencement) (No. 2) Order 2009 (S.I. No. 237 of 2009)
• Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009 (S.I. No. 236 of 2009)
• Occupational Pension Schemes (Preservation of Benefits) (Amendment) Regulations 2009 (S.I. No. 70 of 2009)
• Health Act 2007 (Section 103) (Commencement) Order 2009 (S.I. No. 27 of 2009)
• Occupational Pension Schemes (Funding Standard)(Amendment) Regulations 2008 (S.I. No. 295 of 2008)
• Health Act 2007 (Commencement) Order 2008 (S.I. No. 57 of 2008)
• Health Act 2007 (Commencement) (No. 3) Order 2007 (S.I. No. 735 of 2007)
• Disability (Assessment of Needs, Service Statements and Redress) Regulations 2007 (S.I. No. 263 of 2007)
• Health Act 2007 (Commencement) (No. 2) Order 2007 (S.I. No. 262 of 2007)
• Health Information and Quality Authority (Establishment Day) Order 2007 (S.I. No. 227 of 2007)
• Health Act 2007 (Commencement) Order 2007 (S.I. No. 226 of 2007)
• Occupational Pension Schemes (Preservation of Benefits) Regulations 2002 (S.I. No. 279 of 2002)
• Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993)
All statutory instruments up to and including Affordable Housing (No. 2) Regulations 2022 (S.I. No. 184 of 2022), made 13 April 2022, were considered in the preparation of this revision.
Number 23 of 2007
HEALTH ACT 2007
REVISED
Updated to 12 April 2022
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.
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.
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.
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.
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.
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.
78. Reports of authorised persons, the chief inspector and inspectors.
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.
101. Regulations respecting designated centres.
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 12 April 2022
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
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.
...
C2
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 |
|
... |
... |
... |