Health Act 2007

F94[Reports of Authority or chief inspector

77A

77A.(1) The Authority or the chief inspector may prepare and publish a report relating to the functions and activities of the Authority, or the chief inspector, as the case may be.

(2) A report prepared under subsection (1) may include information on—

(a) the monitoring of compliance with standards under section 8(1)(c),

(b) any investigation carried out under section 9, and

(c) any review carried out under section 41A.

(3) Where preparing a report providing information in relation to subsection (2), the Authority or the chief inspector as the case may be, shall give to the Executive, the Agency, a service provider, a person carrying on the business of providing a prescribed private health service, or the registered provider of a designated centre or the person in charge of that designated centre if other than its registered provider a draft of the report (in this section referred to as a "draft report") along with a written notice stating that the person may, not later than 21 days from the date on which the notice was received by him or her, or such further period as the Authority allows, make written submissions to the Authority or the chief inspector on the draft report.

(4) In the case of a report which includes information on a review referred to in subsection (2)(c), the chief inspector shall also give to the patient and, as the case may be, the complainant to whom the review relates an extract from the draft report which relates to the review concerned along with a written notice stating that the person may, not later than 21 days from the date on which the notice was received by him or her, or such further period as the chief inspector allows, make written submissions to the chief inspector on the extract from the draft report.

(5) As soon as practicable after the expiration of the period referred to in subsections (3) and (4) and, having considered any submissions made pursuant to those subsections, the Authority or the chief inspector as the case may be, may amend the draft report and, prior to publication, shall furnish the final report to—

(a) the Executive,

(b) the Agency,

(c) a service provider,

(d) a person carrying on the business of providing a prescribed private health service,

(e) the registered provider of a designated centre or the person in charge of that designated centre if other than its registered provider, or

(f) in the case of a report which includes information on a review referred to in subsection (2)(c), the patient and, as the case may be, the complainant.

(6) Without limiting the generality of section 78, the Authority or the chief inspector is not liable in damages arising from any report or communication made in good faith for the purposes of, or in the performance of, the functions under this section.]

Annotations

Amendments:

F94

Inserted (26.09.2024) by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 73, S.I. No. 482 of 2024.

F95

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

Modifications (not altering text):

C20

Prospective affecting provision: subs. (2)(a) substituted by Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 (5/2024), s. 53(3)(g), not commenced as of date of revision, subject to transitional provision in s. 39.

F94[77A.(1) The Authority or the chief inspector may prepare and publish a report relating to the functions and activities of the Authority, or the chief inspector, as the case may be.

(2) A report prepared under subsection (1) may include information on—

F95[(a) the monitoring of compliance with standards under section 8(1)(c), compliance with Part 3 of the Act of 2024 under section 8(1)(o) and 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,]

...]

Editorial Notes:

E34

The section heading is taken from the amending section in absence of one included in the amendment.