C21

Prospective affecting provision: section inserted by Health (Miscellaneous Provisions) (No. 2) Act 2024 (29/2024), s. 16, not commenced as of date of revision.

F98[78A.— (1) Where the chief inspector is satisfied that the registered provider of a designated centre to which paragraph (a)(ii) or (iii) or (c) of the definition of "designated centre" in section 2(1) applies has contravened or is contravening a relevant provision, the chief inspector may serve a notice (in this section referred to as a "compliance notice") on the registered provider.

(2) A compliance notice shall—

(a) specify the act or omission constituting the contravention referred to in subsection (1) to which the notice relates,

(b) for the purpose of ensuring compliance by the registered provider on whom it is served with a relevant provision, require the registered provider to do or refrain from doing such act or acts as is or are specified in the notice by such date as is so specified, and

(c) contain information regarding the bringing of an appeal under subsection (5) against the notice, including the manner in which an appeal shall be brought.

(3) A compliance notice shall not specify a date in accordance with subsection (2)(b) that falls on or before the date by which an appeal under subsection (5) may be brought.

(4) The chief inspector may, as he or she considers appropriate—

(a) withdraw a compliance notice at any time, or

(b) where no appeal is brought under subsection (5), specify a date that is later than the date specified in the notice under subsection (2)(b),

and shall notify the registered provider in writing accordingly.

(5) A registered provider on whom a compliance notice has been served may appeal the notice to the District Court not later than 14 days after the service of the notice concerned.

(6) Where a registered provider makes an appeal under subsection (5), the chief inspector, or an individual acting on behalf of the chief inspector, and the registered provider shall be entitled to be heard and to adduce evidence at the hearing of the appeal.

(7) Where an appeal is brought under subsection (5), the District Court may—

(a) confirm the compliance notice in whole or in part, with or without amendment of the notice, or

(b) direct the chief inspector to withdraw the compliance notice.

(8) A registered provider who fails to comply with a compliance notice by the specified date shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €70,000 or imprisonment for a term not exceeding 2 years or both.

(9) This section shall not operate to prevent or restrict—

(a) the chief inspector from performing any of his or her functions under this Act in relation to the registered provider concerned, including in relation to the contravention to which the compliance notice applies, or

(b) the bringing or prosecuting of any proceedings for an offence under this Act.

(10) In this section—

"relevant provision" means—

(a) section 65 or 65A,

(b) a provision of the 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 ),

(c) a provision of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 ( S.I. No. 415 of 2013 ),

(d) a provision of regulations under section 101, made on or after the coming into operation of section 16 of the Health (Miscellaneous Provisions) (No. 2) Act 2024, that applies in relation to a designated centre to which paragraph (a)(ii) or (iii) or (c) of the definition of "designated centre" in section 2(1) applies, or

(e) a provision of regulations under section 101B, made on or after the coming into operation of section 16 of the Health (Miscellaneous Provisions) (No. 2) Act 2024, that applies in relation to a designated centre to which paragraph (a)(iii) or (c) of the definition of "designated centre" in section 2(1) applies;

"specified date" means, in relation to a compliance notice—

(a) where no appeal against the notice is brought under subsection (5), the date specified in the notice in accordance with subsection (2)(b) or, where applicable, subsection (4)(b), or

(b) where an appeal against the notice is brought under subsection (5) and the District Court confirms the notice in accordance with subsection (7)(a), the day falling immediately after the expiration of the period of 7 days from the date on which the District Court confirms the notice.]