Health Service Executive (Governance) Act 2013
Amendment of section 31 of Act of 2004.
12.— The Act of 2004 is amended by substituting the following for section 31:
“Executive to prepare and submit service plan for Minister’s approval.
31.— (1) Before the expiry of the specified period the Executive shall—
(a) prepare, in accordance with this section, a service plan for the financial year or such other period as may be determined by the Minister, and
(b) adopt the plan so prepared and submit it to the Minister for approval.
(2) For the purpose of this section, the specified period is—
(a) the period ending 21 days after the publication by the Government of the Estimates for Supply Services for that financial year, or
(b) such other period as the Minister may allow.
(3) The Minister may issue a direction to the Executive as respects the form and manner in which the service plan is to be prepared.
(4) A service plan shall be prepared in a form and manner which is consistent with any direction issued by the Minister under subsection (3) and shall—
(a) indicate the type and volume of health and personal social services to be provided by the Executive during the period to which the plan relates,
(b) indicate any capital plans proposed by the Executive,
(c) contain estimates of the number of employees of the Executive for the period and the services to which the plan relates,
(d) contain estimates of the number of employees of service providers under section 38 engaged in the provision of such services and which relate to the period of the service plan and the services to which it relates,
(e) contain any other information specified by the Minister,
(f) be consistent with any directions issued by the Minister under section 10, and
(g) accord with the policies and objectives of the Minister and the Government.
(5) In preparing the service plan, the Executive shall have regard to—
(a) the approved corporate plan in operation at that time,
(b) any direction issued by the Minister under section 10, and
(c) the priorities and performance targets specified under section 10A.
(6) If the Executive fails to submit a service plan to the Minister before the expiry of the period referred to in subsection (2), the Minister may in writing issue a direction to the Director General directing the Director General to prepare and submit a service plan to him or her within 10 days of the issue of the direction under this subsection.
(7) A service plan submitted to the Minister by the Director General in compliance with subsection (6) shall be deemed to have been prepared, adopted and submitted by the Executive.
(8) Not later than 21 days after receiving a service plan under this section, the Minister shall, having consulted with the Minister for Children and Youth Affairs—
(a) approve the service plan in the form in which it was submitted,
(b) approve the service plan with such amendments as the Minister, having consulted with the Executive, may determine, or
(c) issue a direction to the Executive under subsection (9) to amend the plan.
(9) The Minister may, after consulting with the Minister for Children and Youth Affairs, direct the Executive to amend a service plan submitted under this section if, in the opinion of the Minister, the plan—
(a) does not contain any information required to be included in the service plan pursuant to subsection (4),
(b) does not in some other respect comply with subsection (4),
(c) has been prepared by the Executive without sufficient regard to the matters referred to in subsection (5), or
(d) does not accord with the policies and objectives of the Minister, the Minister for Children and Youth Affairs or the Government to the extent that those policies and objectives relate to the functions of the Executive and have been communicated in writing to the Executive prior to the commencement of the specified period.
(10) The Minister may refuse to approve a service plan unless it is amended in accordance with a direction issued under subsection (9).
(11) The Director General shall comply with a direction issued to him or her under this section.
(12) The Executive shall submit to the Minister with the service plan a statement of its estimate of the income and expenditure relating to the plan and that estimate shall be consistent with the Vote for the Executive as published by the Government in the Estimates for Supply Services.
(13) The Minister shall ensure that a copy of an approved service plan is laid before both Houses of the Oireachtas within 21 days after the plan is approved by the Minister.
(14) The Executive shall ensure that, as soon as practicable after copies of an approved service plan are laid before the Houses of the Oireachtas, the plan is published on the Internet or in accordance with such other arrangements as the Minister may specify.”.