Health Act 2007

8.

Functions of Authority.

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

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

o

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

(i) services provided by the Executive, the Agency or a service provider 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,

in this section called the services, 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.]

(c) to monitor compliance with the standards referred to in paragraph (b), except any standards in relation to designated centres F12[] and the performance of the Executive’s F13[and the Agencys] functions referred to in F14[section 41(1)(a)] and to advise F15[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 F16[or the Minister for Children and Youth Affairs] to review and make recommendations as the Authority thinks fit in respect of the services, to ensure the best outcomes for the resources available to F17[the Executive and the Agency;]

(f) to operate accreditation programmes in respect of the services 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 services 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 services and the health and welfare of the population;

(j) to provide advice and make recommendations to F18[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);

(k) to set standards as the Authority considers appropriate for F19[the Executive, the Agency and service providers] respecting data and information in their possession in relation to services and the health and welfare of the population;

(l) to advise F20[the Minister, the Minister for Children and Youth Affairs, the Executive and the Agency] as to the level of compliance by the Executive and service providers 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 F21[Disability Act 2005;]

F22[(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).]

(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 F23[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 F24[as defined in section 2(1), the Executive or the Agency.]

Annotations

Amendments:

F11

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 20 item 2(a)(i), S.I. No. 502 of 2013.

F12

Deleted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 36(2), S.I. No. 637 of 2017.

F13

Inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 20 item 2(a)(ii), S.I. No. 502 of 2013.

F14

Substituted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 64(2), commenced on enactment.

F15

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 20 item 2(a)(ii), S.I. No. 502 of 2013.

F16

Inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 20 item 2(a)(iii), S.I. No. 502 of 2013.

F17

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 20 item 2(a)(iii), S.I. No. 502 of 2013.

F18

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 20 item 2(a)(iv), S.I. No. 502 of 2013.

F19

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 20 item 2(a)(v), S.I. No. 502 of 2013.

F20

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 20 item 2(a)(vi), S.I. No. 502 of 2013.

F21

Substituted (8.01.2019) by European Union (Basic Safety Standards for Protection Against Dangers Arising from Medical Exposure to Ionising Radiation) Regulations 2018 (S.I. No. 256 of 2018), reg. 32(a).

F22

Inserted (8.01.2019) by European Union (Basic Safety Standards for Protection Against Dangers Arising from Medical Exposure to Ionising Radiation) Regulations 2018 (S.I. No. 256 of 2018), reg. 32(b).

F23

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 20 item 2(b), S.I. No. 502 of 2013.

F24

Inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 20 item 2(c), S.I. No. 502 of 2013.

F25

Substituted by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 63(a)(i)(I), not commenced as of date of revision.

F26

Substituted by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 63(a)(i)(II), not commenced as of date of revision.

F27

Inserted by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 63(a)(ii), not commenced as of date of revision.

F28

Substituted by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 63(a)(iii), not commenced as of date of revision.

F29

Substituted by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 63(a)(iv), not commenced as of date of revision.

F30

Substituted by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 63(a)(v), not commenced as of date of revision.

F31

Substituted by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 63(a)(vi), not commenced as of date of revision.

F32

Substituted by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 63(a)(vii), not commenced as of date of revision.

F33

Inserted by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 63(b), not commenced as of date of revision.

Modifications (not altering text):

C9

Prospective affecting provision: subs. (1)(b), (c), (e), (f), (g), (i), (l) amended, subs. (1)(ba), (1A) inserted, subs. (1)(k) substituted by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 63(a), (b) not commenced as of date of revision.

8.— (1) ...

(b) ...

(i) services provided by the Executive, the Agency or a F25[a service provider to which paragraph (a), (b) or (c) of the definition of service provider applies] in accordance with— ...

F26[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.

F27[(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 F28[paragraphs (b) and (ba)], except any standards in relation to designated centres F12[] ...

(d) ...

(e) at the request or with the approval of the Minister or the Minister for Children and Youth Affairs to review and make recommendations as the Authority thinks fit in respect of the F29[services referred to in paragraph (b)], to ensure the best outcomes for the resources available to the Executive and the Agency;

(f) to operate accreditation programmes in respect of the F30[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 F30[services referred to in paragraph (b) or (ba)] as the Authority considers appropriate;

(h) ...

(i) to evaluate available information respecting the F30[services referred to in paragraph (b) or (ba)] and the health and welfare of the population;

(j) ...

F31[(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 the Minister, the Minister for Children and Youth Affairs, the Executive and the Agency as to the level of compliance by F32[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);

...

F33[(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.]