Health Act 2007

41

Functions of chief inspector.

41.— (1) The functions of the chief inspector are to—

F38[(a) inspect the performance

(i) by the Executive of the Executives functions under section 10 of the Health (Nursing Homes) Act 1990, and

(ii) by the Agency of the Agencys functions under sections 39 to 42 and section 53 of the Child Care Act 1991,]

(b) establish and maintain one or more registers of designated centres,

F39[(ba) collect and maintain information relating to specified designated centres within the meaning of section 65A, in accordance with that section and any regulations made under section 101B,

(bb) inspect premises at which the chief inspector has reasonable grounds to believe that a person is carrying on the business of a designated centre which is not registered under this Act,]

(c) register and inspect designated centres to assess whether the registered provider is in compliance with the—

(i) regulations, and

(ii) standards, if any, set by the Authority under section 8(1)(b),

F40[(ca) undertake reviews in accordance with section 41A,]

(d) F41[]

(e) subject to written agreement between the Minister and the Minister for Justice, Equality and Law Reform, act as an authorised person for the purposes of section 185 of the Children Act 2001, as amended by the Criminal Justice Act 2006.

(2) If the chief inspector is absent or the position of chief inspector is vacant, the functions of the chief inspector under this section may be performed by an Inspector of Social Services designated by the Authority for the purpose of this subsection.

Annotations

Amendments:

F38

Substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 14 and sch. 1 part 2 item 2, S.I. No. 636 of 2017.

F39

Inserted (23.09.2024) by Health (Miscellaneous Provisions) (No. 2) Act 2024 (29/2024), s. 3, S.I. No. 461 of 2024.

F40

Inserted (26.09.2024) by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 67, S.I. No. 482 of 2024.

F41

Deleted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 36(3), S.I. No. 637 of 2017.

Editorial Notes:

E26

Previous affecting provision: subs. (1)(a) substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 20 item 7, S.I. No. 502 of 2013; substituted as per F-note above.