8.— (1) The functions of the Authority are as follows:

F11[(a) subject to this Act and to the extent practicable, to further the Authority’s object;

(b) to set standards on safety and quality in relation to—

(i) services provided by the Executive, the Agency or a F12[a service provider to which paragraph (a), (b) or (c) of the definition of service provider applies] in accordance with— ...

(I) the Health Acts 1947 to 2011, except for services under the Mental Health Acts 1945 to 2009 that, under the Health Act 2004, are provided by the Executive,

(II) the Child Care Acts 1991 to 2013,

(III) the Children Act 2001,

and

(ii) services provided by a nursing home as defined in section 2 of the Health (Nursing Homes) Act 1990,

F12[and advise the Minister, the Minister for Children and Youth Affairs], the Agency and the Executive as may be appropriate in relation to the particular service in respect of which the standards are set.]

F12[(ba) to set standards on safety and quality in relation to services provided by a service provider to which paragraph (d) of the definition of service provider applies or a person carrying on the business of providing prescribed private health services;]

(c) to monitor compliance with the standards referred to in F12[paragraphs (b) and (ba)], except any standards in relation to designated centres F13[…] and the performance of the Executive’s F14[and the Agency’s] functions referred to in F15[section 41(1)(a)] and to advise F16[the Minister, the Minister for Children and Youth Affairs, the Executive and the Agency accordingly];

(d) to undertake investigations in accordance with section 9 ;

(e) at the request or with the approval of the Minister F17[or the Minister for Children and Youth Affairs] to review and make recommendations as the Authority thinks fit in respect of the F12[services referred to in paragraph (b)], to ensure the best outcomes for the resources available to F18[the Executive and the Agency;]

(f) to operate accreditation programmes in respect of the F19[services referred to in paragraph (b) or (ba)] and to grant accreditation to any of them meeting standards set or recognised by the Authority;

(g) to operate such other schemes aimed at ensuring safety and quality in the provision of the F19[services referred to in paragraph (b) or (ba)] as the Authority considers appropriate;

(h) to evaluate the clinical and cost effectiveness of health technologies including drugs and provide advice arising out of the evaluation to the Minister and the Executive;

(i) to evaluate available information respecting the F19[services referred to in paragraph (b) or (ba)] and the health and welfare of the population;

(j) to provide advice and make recommendations to F20[the Minister, the Minister for Children and Youth Affairs, the Executive and the Agency] about deficiencies identified by the Authority in respect of the information referred to in paragraph (i);

F19[(k) to set standards as the Authority considers appropriate for the Executive, the Agency, service providers or a person carrying on the business of providing prescribed private health services respecting data and information in their possession in relation to services and the health and welfare of the population;]

(l) to advise F21[the Minister, the Minister for Children and Youth Affairs, the Executive and the Agency] as to the level of compliance by F19[the Executive, the Agency, service providers and persons carrying on the business of providing prescribed private health services] with the standards referred to in paragraph (k);

(m) to act as a body standing prescribed by regulations made by the Minister for Health and Children—

(i) as set out in section 5(5) of the Education for Persons with Special Educational Needs Act 2004, and

(ii) as set out in section 10 of the F22[Disability Act 2005;]

F23[(n) to exercise such powers and perform such functions of the State and the competent authority under Council Directive 2013/59/Euratom of 5 December 2013 as are conferred on the Authority by the European Union (Basic Safety Standards for Protection Against Dangers Arising from Medical Exposure to Ionising Radiation) Regulations 2018 (S.I. No. 256 of 2018).]

F24[(1A) The Authority may, in setting standards referred to in subsections (1)(b), (1)(ba) or (1)(k), set different standards for different categories of services referred to in those subsections.]

(2) In carrying out its functions the Authority shall have regard to—

(a) the policies and objectives of the Government or any Minister of the Government in so far as they may affect or relate to the functions of the Authority,

(b) the need to co-operate with and co-ordinate its activities with public authorities, the performance of whose functions may affect or relate to the functions of the Authority other than the functions described in subsection (1)(c), (d) and (l),

(c) the resources available to F25[the Executive and the Agency,] and

(d) in so far as is reasonably practicable, research, statistics and other information in relation to the health and personal social services that are provided in other jurisdictions.

(3) The Authority has all the powers as are necessary or expedient for the performance by it of its functions.

(4) Subject to any directions given by the Minister under section 29, or to any charges determined under section 39, the Authority, in relation to health or personal social services, may—

(a) provide advice on safety, quality and standards, and

(b) operate accreditation programmes for and at the request of health providers other than service providers F26[as defined in section 2(1), the Executive or the Agency.]