Health Act 2007

70

Appointment by the Authority of authorised persons.

70.— (1) The Authority shall appoint, with the approval of the Minister given with the consent of the Minister for Finance, one or more persons with appropriate qualifications and experience for the purposes of—

(a) monitoring compliance with standards in accordance with section 8(1)(c), or

(b) an investigation referred to in section 8(1)(d) undertaken by the Authority,

and a person so appointed shall be known as an authorised person.

(2) At the request of an authorised person, the Authority may appoint such other number of persons that the Authority may determine, to assist that authorised person in the performance of the authorised person’s functions and the persons appointed shall be authorised persons for the purposes of—

(a) monitoring compliance with standards in accordance with section 8(1)(c), or

(b) an investigation referred to in section 8(1)(d).

(3) An authorised person shall be paid the remuneration and allowances for expenses that the Authority may determine with the approval of the Minister given with the consent of the Minister for Finance.

(4) Each authorised person shall be given a certificate of his or her appointment and, when exercising any power conferred on the Authority, shall produce, on request by any person affected, the certificate or a copy of the certificate, together with a form of personal identification.

Annotations

Amendments:

F68

Substituted by Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 (5/2024), s. 53(3)(d)(i), (iii), not commenced as of date of revision, subject to transitional provisions in s. 39.

F69

Inserted by Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 (5/2024), s. 53(3)(d)(ii), (iv), not commenced as of date of revision, subject to transitional provisions in s. 39.

Modifications (not altering text):

C23

Prospective affecting provision: subss. (1)(a), (2)(a) amended and subss. (1)(c), (1)(d), (2)(c), (2)(d) inserted by Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 (5/2024), s. 53(3)(d)(i)-(iv), not commenced as of date of revision, subject to transitional provisions in s. 39.

70.— (1) The Authority shall appoint, with the approval of the Minister given with the consent of the Minister for Finance, one or more persons with appropriate qualifications and experience for the purposes of—

(a) monitoring compliance with standards in accordance with F68[section 8(1)(c),]

...

F69[(c) monitoring compliance with Part 3 of the Act of 2024 in accordance with section 8(1)(o), or]

F69[(d) monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act,]

and a person so appointed shall be known as an authorised person.

(2) At the request of an authorised person, the Authority may appoint such other number of persons that the Authority may determine, to assist that authorised person in the performance of the authorised person’s functions and the persons appointed shall be authorised persons for the purposes of—

(a) monitoring compliance with standards in accordance with F68[section 8(1)(c),]

F69[(c) monitoring compliance with Part 3 of the Act of 2024 in accordance with section 8(1)(o), or]

F69[(d) monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act.]

...

C24

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

...

...

...