Health Act 2004

Object and functions of Executive.

7

7.— (1) The object of the Executive is to use the resources available to it in the most beneficial, effective and efficient manner to improve, promote and protect the health and welfare of the public.

(2) Subject to this Act, the Executive shall, to the extent practicable, further its object.

(3) Without limiting the Executive's responsibilities under subsection (2) or (4), it has—

(a) the functions transferred to it by section 59 or by an order under section 70, and

(b) such other functions as are assigned to it by this Act or any other enactment.

(4) The Executive shall manage and shall deliver, or arrange to be delivered on its behalf, health and personal social services in accordance with this Act and shall—

(a) integrate the delivery of health and personal social services,

(b) to the extent practicable and necessary to enable the Executive to perform its functions, facilitate the education and training of—

(i) students training to be registered medical practitioners, nurses or other health professionals, and

(ii) its employees and the employees of service providers,

F10[]

(c) provide advice to the Minister in relation to its functions F11[as the Minister may request, and]

F12[(d) provide advice to the Minister for Children, Equality, Disability, Integration and Youth in relation to its specialist community-based disability services functions as that Minister may request.]

(5) In performing its functions, the Executive shall have regard to—

(a) services provided by voluntary and other bodies that are similar or ancillary to the services the Executive is authorised to provide,

(b) the need to co-operate with, and co-ordinate its activities with those of, other public authorities if the performance of their functions affects or could affect the health of the public,

F13[(c) the policies (whether set out in codes, guidelines or other documents, or any combination thereof) and objectives of the Government or any Minister of the Government to the extent that those policies and objectives may affect or relate to the functions of the Executive,]

(d) the resources, wherever originating, that are available to it for the purpose of performing its functions, F14[]

(e) the need to secure the most beneficial, effective and efficient use of those resources F15[, and]

F16[(f) any standards set by the Health Information and Quality Authority, in so far as practicable and subject to the resources available to the Executive.]

(6) The Executive may undertake, commission or collaborate in research projects on issues relating to health and personal social services, but, in considering whether to do so, it shall have regard to any decision by another body or person within the State to undertake, commission or collaborate in such projects.

(7) The power given by subsection (6) includes the power to collaborate in research projects involving parties from outside the State.

(8) Subject to this or any other enactment, the Executive has all powers necessary or expedient for it to perform its functions.

Annotations:

Amendments:

F10

Deleted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 5(a), S.I. No. 666 of 2022.

F11

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 5(b), S.I. No. 666 of 2022.

F12

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 5(c), S.I. No. 666 of 2022.

F13

Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 5, S.I. No. 283 of 2019.

F14

Deleted (15.05.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 4 item 3, S.I. No. 226 of 2007.

F15

Substituted (15.05.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 4 item 3, S.I. No. 226 of 2007.

F16

Inserted (15.05.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 4 item 3, S.I. No. 226 of 2007.

Modifications (not altering text):

C7

Prospective affecting provision: provision for the Health Service Executive to facilitate education and training in accordance with subs. (4)(b) made by Nurses and Midwives Act 2011 (41/2011), s. 84(1), not commenced as of date of revision.

Duties of Health Service Executive in relation to education and training of nurses and midwives.

84.— (1) The Health Service Executive, in accordance with section 7(4)(b) of the Health Act 2004 , shall, as far as practicable, facilitate the education and training of candidates.

...

C8

Provision for the Health Service Executive to facilitate education and training in accordance with subs. (4)(b) made (31.12.2008) by Medical Practitioners Act 2007 (25/2007), s. 86(2), S.I. No. 554 of 2008.

Duties of Health Service Executive in relation to medical and dental education and training.

86.— ...

(2) The Health Service Executive, in accordance with section 7 (4)(b) of the Health Act 2004, shall, with respect to basic medical education and training, facilitate the education and training of students training to be registered medical practitioners.

Editorial Notes:

E8

Health Service Executive included in definition of public authority (16.03.2013) by European Communities (Late Payment in Commercial Transactions) Regulations 2012 (S.I. No. 580 of 2012), reg. 2(1), in effect as per reg. 1(2).