HSE Governance

Table of Contents

HEALTH ACT 2004

REVISED

Updated to 1 March 2023

AN ACT TO ESTABLISH A BODY TO BE KNOWN AS FEIDHMEANNACHT NA SEIRBHÍSE SLÁINTE OR IN THE ENGLISH LANGUAGE AS THE HEALTH SERVICE EXECUTIVE AND TO PROVIDE FOR THE DISSOLUTION OF THE EASTERN REGIONAL HEALTH AUTHORITY, THE NORTHERN AREA HEALTH BOARD, THE EAST COAST AREA HEALTH BOARD, THE SOUTHWESTERN AREA HEALTH BOARD, THE HEALTH BOARDS ESTABLISHED UNDER THE HEALTH ACT 1970 AND CERTAIN OTHER BODIES; TO PROVIDE FOR THE TRANSFER OF THE FUNCTIONS OF THE DISSOLVED BODIES AND THEIR EMPLOYEES TO THE HEALTH SERVICE EXECUTIVE; TO ESTABLISH MECHANISMS FOR INVOLVING PUBLIC REPRESENTATIVES, USERS OF HEALTH AND PERSONAL SOCIAL SERVICES AND OTHER MEMBERS OF THE PUBLIC IN MATTERS RELATING TO THOSE SERVICES; TO ESTABLISH A STATUTORY FRAMEWORK FOR HANDLING CERTAIN COMPLAINTS RELATING TO HEALTH AND PERSONAL SOCIAL SERVICES; TO ESTABLISH MECHANISMS FOR THE FUTURE DISSOLUTION OF CERTAIN OTHER HEALTH BODIES AND FOR THE TRANSFER OF THEIR FUNCTIONS AND EMPLOYEES TO THE HEALTH SERVICE EXECUTIVE; AND TO PROVIDE FOR RELATED MATTERS. [17th December, 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1
Functions transferred and references construed (1.03.2023) by Specialist Community-Based Disability Services (Transfer of Departmental Administration and Ministerial Functions) Order 2022 (S.I. No. 688 of 2022), arts. 2, 3, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.

2. In this Order, “relevant function” means –

(a) any function transferred by Article 4 of this Order, and

(b) any function transferred to the Minister for Children, Equality, Disability, Integration and Youth by –

(i) the Health Act 2004 (No. 42 of 2004),

(ii) the Disability Act 2005 (No. 14 of 2005),

(iii) the Health Act 2007 (No. 23 of 2007),

in so far only as the function consists of, or is connected with, specialist community-based disability services, within the meaning of the Health Act 2004, or any such other function otherwise assigned to that Minister by any of those Acts.

3. (1) The administration and business in connection with the exercise, performance or execution of any relevant function are transferred to the Department of Children, Equality, Disability, Integration and Youth.

(2) References to the Department of Health contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children, Equality, Disability, Integration and Youth.

…

PART 1

Preliminary Matters

Section 1
Short title, collective citation and construction.

1.— (1) This Act may be cited as the Health Act 2004.

(2) The Health Acts 1947 to 2001 and this Act may be cited together as the Health Acts 1947 to 2004 and shall be construed together as one.

Section 2

Interpretation.

2.— (1) In this Act, unless the context otherwise requires—

“Act of 1996” means the Health (Amendment) (No. 3) Act 1996;

“Act of 1999” means the Health (Eastern Regional Health Authority) Act 1999;

“annual report” means a report prepared under section 37;

F2[…]

“Area Health Board” has the same meaning as in the Act of 1999;

F3[“Board” has the meaning assigned to it by section 16N;]

“carer” means a person who provides care for another person, but who is not employed to do so by any body in the performance of its functions under an enactment;

“chairperson” means the chairperson of the Board;

F3[“chief executive officer” has the meaning assigned to it by section 21A;]

“clinical judgment” means a decision made or opinion formed in connection with the diagnosis, care or treatment of a patient;

F4[“Committee of Public Accounts” means the Committee of Dáil Éireann established under the rules and standing orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General;]

F1[“Directorate” means the Directorate established under section 16A;]

F1[“Director General” means the person holding the office of Director General appointed pursuant to section 16E;]

F5[“disability” means disability as defined in section 2 of the Disability Act 2005 and the term “substantial restriction” in that definition shall be construed as meaning a restriction as described in section 7(2) of that Act;]

“Eastern Regional Health Authority” means the body of that name established by section 7 of the Act of 1999;

“enactment” means a statute or an instrument made under a power conferred by a statute;

“establishment day” means the day appointed by the Minister under section 4 to be the establishment day for the purposes of this Act;

“Executive” means the Health Service Executive established under section 6;

“functions” includes powers and duties and references to the performance of functions include, with respect to powers and duties, references to the exercise of the powers and the carrying out of duties;

“health board” means a health board established under section 4(1) of the Health Act 1970;

“health and personal social services” means services that immediately before the establishment day were provided under the Acts referred to in Schedule 1 by a specified body as defined in section 56 of this Act, and references in this Act to a health or personal social service are to be read as references to any of those services;

“Interim Health Service Executive” means the body of that name established under the Health (Corporate Bodies) Act 1961;

“local authority” has the same meaning as in the Local Government Act 2001;

F3[“member”, in relation to the Board, includes the chairperson and the deputy chairperson;]

“Minister” means Minister for Health and Children;

F3[“ordinary member” means a member of the Board other than the chairperson or the deputy chairperson;]

“prescribed” means prescribed by regulation made by the Minister;

“public authority” means any of the following:

(a) a Minister of the Government;

(b) the Commissioners of Public Works in Ireland;

(d) a harbour authority within the meaning of the Harbours Act 1946;

(e) a board or other body (but not a company) established by or under statute;

(f) a company in which all the shares are held by or on behalf of, or by directors appointed by, a Minister of the Government;

(g) a company in which all the shares are held by a board, company or other body referred to in paragraph (e) or (f);

(h) such other body, if any, as is prescribed for the purpose of any provision of this Act;

“service provider” means a person who enters into an arrangement under section 38 to provide a health or personal social service on behalf of the Executive;

F5[“specialist community-based disability services” means any health or personal social services, provided by or on behalf of the Executive under this Act or any other enactment, in the community to a person who has a disability, and so provided in relation to that disability, other than any such services provided—

(a) under the Mental Health Acts 1945 to 2001, or

(b) in a hospital;

“specialist community-based disability services functions” means the management and delivery, or arrangement of delivery on its behalf, by the Executive, of specialist community-based disability services;]

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death.

(2) In this Act—

(a) a reference to a section, Part or Schedule is a reference to a section or Part of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other enactment is intended, and

(c) a reference to an enactment includes a reference to that enactment as amended, adapted or extended at any time by any enactment.

Annotations

Amendments:

F1
Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 4, S.I. No. 275 of 2013.

F2
Deleted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 4(f), S.I. No. 283 of 2019.

F3
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 4(b), (c), (d), (e), S.I. No. 283 of 2019.

F4
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 4(a), S.I. No. 283 of 2019.

F5
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 3, S.I. No. 666 of 2022.

F6
Substituted by Health Act 2007 (23/2007), ss. 3, 105 & sch. 2 part 4, item 1, not commenced as of date of revision.

Modifications (not altering text):

C2
Prospective affecting provision: application of section extended by Nurses and Midwives Act 2011 (41/2011), s. 84(5), not commenced as of date of provision.

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

84.— …

(5) Specialist nursing and midwifery education and training shall, for the purposes of sections 38 and 39 of the Health Act 2004, be deemed to be a health and personal social service within the meaning of section 2 of that Act.

…

C3
Functions transferred and reference construed (1.03.2023) by Specialist Community-Based Disability Services (Transfer of Departmental Administration and Ministerial Functions) Order 2022 (S.I. No. 688 of 2022), arts. 2, 3, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.

2. In this Order, “relevant function” means –

(a) any function transferred by Article 4 of this Order, and

(b) any function transferred to the Minister for Children, Equality, Disability, Integration and Youth by –

(i) the Health Act 2004 (No. 42 of 2004),

(ii) the Disability Act 2005 (No. 14 of 2005),

(iii) the Health Act 2007 (No. 23 of 2007),

…

C4
Prospective affecting provision: definition of “service provider” substituted by Health Act 2007 (23/2007), ss. 3, 105 and sch. 2 part 4 item 1, not commenced as of date of revision.

F6[“service provider” means a person who—

(a) enters into an arrangement under section 38 to provide a health or personal social service on behalf of the Executive, or

(b) is in receipt of assistance under—

(i) section 39 in an amount that exceeds an amount prescribed for the purposes of paragraph (b)(i) of the definition of “service provider” in section 2 of the Health Act 2007, or

(ii) section 10 of the Child Care Act 1991 in an amount that exceeds an amount prescribed for the purposes of paragraph (b)(ii) of the definition of “service provider” in section 2 of the Health Act 2007;]

C5
Application of section extended (31.12.2008) by Medical Practitioners Act 2007 (25/2007), s. 86(6), S.I. No. 554 of 2008.

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

86.— …

(6) Specialist medical and dental education and training shall, for the purposes of sections 38 and 39 of the Health Act 2004 , be deemed to be a health and personal social service within the meaning of section 2 of that Act.

…

Editorial Notes:

E1
Previous affecting provision: definition of appointed director inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 4, S.I. No. 275 of 2013; deleted as per F-note above.

Section 3

Commencement.

3.— (1) This Act comes into operation on such day or days as the Minister may, by order, appoint.

(2) Different days may be appointed under this section for different purposes or different provisions of this Act and for the repeal or revocation of different enactments by section 73 and Schedule 4.

Annotations

Editorial Notes:

E2
Commencement information in relation to this Act, ordered by section, is available at https://www.irishstatutebook.ie/eli/isbc/2022_6.html.

E3
Power pursuant to section exercised (1.01.2007) by Health Act 2004 (Commencement) Order 2006 (S.I. No. 651 of 2006).

2. The 1st day of January 2007 is appointed as the day on which Part 9 of the Health Act 2004 (No. 42 of 2004) comes into operation.

E4
Power pursuant to section exercised (12.12.2005) by Health Act 2004 (Commencement) Order 2005 (S.I. No. 796 of 2005).

2. Sections 42 and 79 of the Health Act 2004 (No. 42 of 2004) are hereby commenced.

E5
Power pursuant to section exercised (1.01.2005) by Health Act 2004 (Commencement) (No. 2) Order 2004 (S.I. No. 887 of 2004).

2. The 1st day of January 2005 is appointed as the day on which the following provisions of the Health Act 2004 (No. 42 of 2004) come into operation:

(a) Part 2;

(b) Part 3 and Schedule 2;

(d) Parts 5, 6 and 7 (other than section 37(2)(f));

(e) Part 8 (other than section 42);

(f) Part 10 and Schedule 3;

(g) section 73 and Schedule 4;

(h) section 74 and Schedule 5;

(i) section 75 and Schedule 6, in so far as those provisions relate to the enactments specified in Schedule 6 (other than the Health (Corporate Bodies) Act 1961 );

(j) section 75 and Schedule 7, in so far as those provisions relate to the enactments specified in Schedule 7;

(k) Part 12 (other than section 79).

E6
Power pursuant to section exercised (23.12.2004) by Health Act 2004 (Commencement) Order 2004 (S.I. No. 886 of 2004).

2. The 23rd day of December, 2004 is appointed as the day on which the following provisions of the Health Act 2004 (No. 42 of 2004) come into operation:

(a) Part 1 and Schedule 1;

(b) subsections (4) and (5)(a) of section 17;

(c) section 75 and Schedule 6 in so far as those provisions relate to the amendment of the Health (Corporate Bodies) Act 1961.

Section 4

Establishment day.

4.— The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

Annotations

Editorial Notes:

E7
Power pursuant to section exercised (1.01.2005) by Health Act 2004 (Establishment Day) Order 2004 (S.I. No. 885 of 2004).

Section 5A 5
Expenses.

5.— The expenses incurred by the Minister F7[or the Minister for Children, Equality, Disability, Integration and Youth] in administering this Act are, to such extent as may be sanctioned by the Minister for Finance, payable out of money provided by the Oireachtas.

Annotations

Amendments:

F7
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 4, S.I. No. 666 of 2022.

Section
F8[

Expenses of the Executive.

5A.—The expenses incurred by the Executive F9[before 1 January 2015] are, with the approval of the Minister, to such extent as may be sanctioned by the Minister for Finance, payable out of money provided by the Oireachtas.]

Annotations

Amendments:

F8
Inserted (15.05.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 4 item 2, S.I. No. 226 of 2007.

F9
Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 4, commenced on enactment.

Modifications (not altering text):

C6
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (20.09.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011), regs. 2, 3, 4 and sch., in effect as per reg. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under—

(a) the provisions of the enactments specified in the Schedule, and

(b) Article 23(1) and (3) of the Drug Treatment Centre Board (Establishment) Order 1988 ( S.I. No. 76 of 1988 ),

are transferred to the Minister for Public Expenditure and Reform.

4. References to the Minister for Finance contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

…

SCHEDULE

Enactments

…

Number and Year

Short Title

Provision

(1)

(2)

(3)

…

No. 42 of 2004

Health Act 2004

Section 5A

…

PART 2

Establishment and Functions of the Health Service Executive

Section 6

Establishment of Executive.

6.— (1) On the establishment day a body to be known as Feidhmeannacht na Seirbhíse Sláinte or in the English language as the Health Service Executive is, by this Act, established to perform the functions assigned to it by this Act.

(2) The Executive is a body corporate with perpetual succession and a seal and may—

(a) sue and be sued in its corporate name,

(b) subject to the Health Acts 1947 to 2001, acquire, hold and dispose of land or an interest in land, and

(3) Paragraph 1 of Schedule 2 applies in relation to the seal of the Executive.

Section 7

Object and functions of Executive.

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[…]

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).

Section 8

Agreements between Executive and public authorities concerning performance of functions.

8.— (1) If any function of a public authority should, in its opinion, be performed (whether generally or in a particular case) by the Executive and the Executive is able and willing to perform the function, the Executive and that authority may enter into an agreement for the Executive to perform the function on the authority’s behalf.

(2) If an agreement is entered into for the Executive to perform a function of a public authority, the Executive may—

(a) perform the function on behalf of the public authority in accordance with the agreement, and

(b) do any act or thing relating to the performance of that function that the public authority would be authorised by law to do if it performed the function.

(3) If any function of the Executive should, in its opinion, be performed (whether generally or in a particular case) by a public authority and that authority is able and willing to perform the function, the authority and the Executive may enter into an agreement for the authority to perform the function on the Executive’s behalf.

(4) If an agreement is entered into for a public authority to perform a function of the Executive, the public authority may—

(a) perform the function on the Executive’s behalf in accordance with the agreement, and

(b) do any act or thing relating to the performance of that function that the Executive would be authorised by law to do if it performed the function.

(5) An agreement under this section may contain terms and conditions relating to—

(a) the extent to which and the period for which a party to the agreement is authorised to perform the function of the other party to the agreement,

(b) the making of payments or the transfer of financial responsibility, and

(6) An agreement under this section may provide for charges payable by the party on whose behalf the function is to be performed to the other party to the agreement.

(7) The power of a local authority to enter into an agreement under this section is a reserved function of the local authority.

Annotations

Editorial Notes:

E9
Performance of reserved function under section restricted (1.06.2014) by Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014), regs. 6-10, in effect as per reg. 2.

E10
Function under section designated a reserved function (1.01.2014) by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 ref. no. 99, as inserted (1.01.2014) by Local Government Reform Act 2014 (1/2014), s. 21(4) and sch. 3, S.I. No. 214 of 2014.

Section 9

Informal arrangements between Executive and local authorities concerning performance of functions.

9.— (1) If a local authority is of the opinion that it would be convenient if duties relating to its functions were carried out by an employee of the Executive, those duties may, without an agreement being entered into under section 8 , be assigned by the Executive to any of its employees in the same way as duties relating to its functions.

(2) If the Executive is of the opinion that it would be convenient if duties relating to its functions were carried out by an employee of a local authority, those duties may, without an agreement being entered into under section 8 , be assigned by the local authority to any of its employees in the same way as duties relating to the functions of the local authority.

(3) Duties assigned in accordance with this section may be carried out by the employees to whom they are so assigned.

Section 10

Directions from Minister.

10.— F17[(1) The Minister may issue general written directions F18[to the Executive or the Board]—

(a) for any purpose relating to this Act or any other enactment,

(b) concerning any matter or thing referred to in this Act as specified or to be specified, or as determined or to be determined, by the Minister, or

(c) concerning the implementation of any policy or objective of the Minister or the Government which relates to a function of the Executive, where the Minister is of the opinion F18[that the Executive or the Board, as applicable, is not having sufficient regard to such policy or objective in the performance of the Executive’s functions].]

(2) In addition, the Minister may issue specific written directions to the Executive concerning the submission to the Minister, in such manner and within such period as the Minister may specify, of—

(a) reports on any matter relating to Part 7 or relating in any other way to the performance of the Executive’s functions, even though such reports are the subject of a direction under F18[subsection (1),]

(b) any information or statistics relating to the performance of the Executive’s F18[functions, or]

F19[(c) subject to section 10AA(1) and (3), one or more than one health needs assessment (within the meaning of section 10AA(8)) to be implemented by the Executive in the service plan prepared in accordance with section 31.]

(3) Subsections (1) and (2) are not to be taken to limit a power to issue directions conferred on the Minister by any other provision of this Act.

(4) The Minister may, by written direction, amend or revoke any direction issued by the Minister under this Act.

(5) F20[The Executive or the Board, as applicable,] shall comply with a direction issued by the Minister under this Act.

(6) The Minister shall ensure that, within 21 days after issuing a direction under subsection (1) F20[or issuing a direction under subsection (4) amending or revoking a direction issued under subsection (1)], a copy of the direction is laid before both Houses of the Oireachtas.

F21[(7) F20[The chairperson shall inform the Minister of the measures taken by the Executive or the Board, as applicable,] to comply with a direction issued under this section and such information shall be furnished to the Minister within such period as may be specified by the Minister.]

Annotations

Amendments:

F17
Substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 5(a), S.I. No. 275 of 2013.

F18
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 6(a)(i), (ii), (b)(i), (ii), S.I. No. 283 of 2019.

F19
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 6(b)(iii), S.I. No. 283 of 2019.

F20
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 6(c), (d), (e), S.I. No. 283 of 2019.

F21
Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 5(b), S.I. No. 275 of 2013.

Section 10A
F22[

Setting of priorities by Minister.

10A.— (1) Subject to subsections (2) to (4), the Minister may specify—

(a) priorities to which the Executive shall have regard in preparing its service plan under section 31 or amending its service plan under section 32, and

(b) performance targets for the Executive in respect of such priorities.

(2) F23[…]

(3) The Minister shall consult with the Executive before specifying priorities or performance targets under this section and, having so specified such priorities or targets, shall furnish details of these in writing to the Executive.

(4) Before specifying priorities or performance targets under this section the Minister shall have regard to—

(a) best practice as respects the service the subject of the priority or performance target,

(b) outcomes for patients and recipients of services likely to be affected by the priority or performance target which the Minister is considering specifying, and

(c) the effect that specifying the priority or performance target concerned would be likely to have on other services provided by or on behalf of the Executive.

(5) In this section ‘performance targets’ means, as respects priorities specified under subsection (1), levels of performance by the Executive by which the effectiveness of the Executive in meeting such priorities can be measured by the Minister.]

Annotations

Amendments:

F22
Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 6, S.I. No. 275 of 2013.

F23
Deleted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 19 item 1, S.I. No. 502 of 2013.

Section 10AA
F24[

Health needs assessment

10AA. (1) A direction under section 10(2)(c) F25[or section 10C(2)(c)] shall include specific requirements to be taken into consideration by the Executive when conducting a health needs assessment.

(2) Without prejudice to the generality of subsection (1), the specific requirements referred to in that subsection may include the effects of such of the following matters on the accessibility and effectiveness of healthcare strategies implemented by the Executive as the Minister F25[or the Minister for Children, Equality, Disability, Integration and Youth in so far as it relates to the performance of the Executive’s specialist community-based disability services functions] is satisfied are appropriate:

(a) changes to national or regional distribution of population;

(b) demographic profile of population;

(d) patterns of morbidity across population;

(e) patterns of mortality across population;

(f) social determinants of health status.

(3) (a) The Minister shall consult with the Minister for Public Expenditure and Reform before issuing a direction under section 10(2)(c).

(b) Paragraph (a) shall not be construed to prevent the Minister from consulting with any other person (including the Executive or another Minister of the Government) before issuing a direction under section 10(2)(c).

F26[(3A) (a) The Minister for Children, Equality, Disability, Integration and Youth shall consult with the Minister for Public Expenditure and Reform before issuing a direction under section 10C(2)(c).

(b) Paragraph (a) shall not be construed to prevent the Minister for Children, Equality, Disability, Integration and Youth from consulting with any other person (including the Executive or another Minister of the Government) before issuing a direction under section 10C(2)(c).]

(4) The Executive shall submit a report of the findings of any health needs assessment to the Minister within the period specified by the Minister in the direction concerned under section 10(2)(c) F26[or the Minister for Children, Equality, Disability, Integration and Youth in the direction concerned under section 10C(2)(c)].

(5) (a) Within one month after receiving a report under subsection (4), the Minister shall—

(i) approve the report, or

(ii) if the Minister is not satisfied with the report, issue a supplementary direction under section 10(2)(c) in relation to revisions to be made to the report which, when complied with by the Executive, should, in the opinion of the Minister, remedy the deficiencies in the report.

(b) Where paragraph (a)(ii) applies, section 10(2)(c) and the other provisions of this section (including paragraph (a)) shall be construed with all necessary modifications to take account of the supplementary direction concerned under section 10(2)(c).

F26[(5A) (a) Within one month after receiving a report under subsection (4), the Minister for Children, Equality, Disability, Integration and Youth shall—

(i) approve the report, or

(ii) if the Minister for Children, Equality, Disability, Integration and Youth is not satisfied with the report, issue a supplementary direction under section 10C(2)(c) in relation to revisions to be made to the report which, when complied with by the Executive, should, in the opinion of the Minister for Children, Equality, Disability, Integration and Youth, remedy the deficiencies in the report.

(b) Where paragraph (a)(ii) applies, section 10C(2)(c) and the other provisions of this section (including paragraph (a)) shall be construed with all necessary modifications to take account of the supplementary direction concerned under section 10C(2)(c).]

(6) The Executive shall ensure that, as soon as practicable after the approval of a report in accordance with subsection (5)(a)(i) F27[or subsection (5A)(a)(i)], the report is published on the Internet or in accordance with such other arrangements as the Minister F27[or the Minister for Children, Equality, Disability, Integration and Youth, as the case may be,] may specify by notice in writing given to the Executive.

(7) The Minister F27[or the Minister for Children, Equality, Disability, Integration and Youth in so far as it relates to the performance of the Executive’s specialist community-based disability services functions] may issue guidelines in relation to the conduct of a health needs assessment and, if F28[either Minister] does so, the Executive shall comply with those guidelines.

(8) For the purposes of this section and section 10, “health needs assessment” means a scientific, statistical or other systematic analysis, the purpose of which is to gather and assess information with a view to bringing about change beneficial to the health of a specified part of, or all of, the population.]

Annotations

Amendments:

F24
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019(17/2019), s. 7, S.I. No. 283 of 2019.

F25
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 6(a), (b), S.I. No. 666 of 2022.

F26
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 6(c), (d), (e), S.I. No. 666 of 2022.

F27
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 6(f)(i), (ii), (g)(i), S.I. No. 666 of 2022.

F28
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 6(g)(ii), S.I. No. 666 of 2022.

Editorial Notes:

E11
The section heading is taken from the amending section in absence of one included in the amendment.

Section 10B

Limitation as to exercise of powers under sections 10 and 10A.

10B.— The Minister shall not give a direction under section 10, or specify a priority or performance target under section 10A, as respects—

(a) any function of the Executive relating to the provision of treatment or a health or personal social service to any particular person,

(b) any function of the Executive relating to a decision concerning—

(i) whether or not a particular person is eligible for a particular health or personal social service (including the payment of a grant or allowance), or

(ii) the extent to which and the manner in which a person is eligible for any such service,

(c) any function of the Executive relating to a decision concerning the making or recovery of a charge for the provision of a health or personal social service by or on behalf of the Executive to a particular person or concerning the amount of such charge,

(d) any function of the Executive that has been specified in an enactment to be a function of the F30[chief executive officer] relating to functions referred to in paragraphs (a) to (c).

Annotations

Amendments:

F29
Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 6, S.I. No. 275 of 2013.

F30
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 8, S.I. No. 283 of 2019.

Section 10C
F31[

Directions from Minister for Children, Equality, Disability, Integration and Youth

10C.— (1) The Minister for Children, Equality, Disability, Integration and Youth may, in relation to the performance by the Executive of its specialist community-based disability services functions, issue general written directions to the Executive or the Board—

(a) for any purpose relating to this Act or any other enactment,

(b) concerning any matter or thing referred to in this Act as specified or to be specified, or as determined or to be determined, by the Minister for Children, Equality, Disability, Integration and Youth, or

(c) concerning the implementation of any policy or objective of the Minister for Children, Equality, Disability, Integration and Youth or the Government which relates to a specialist community-based disability service function of the Executive, where the Minister for Children, Equality, Disability, Integration and Youth is of the opinion that the Executive or the Board, as applicable, is not having sufficient regard to such policy or objective in the performance of its specialist community-based disability services functions.

(2) In addition, the Minister for Children, Equality, Disability, Integration and Youth may issue specific written directions to the Executive concerning the submission to him or her, in such manner and within such period as he or she may specify, of—

(a) reports on any matter relating to Part 7 in so far as those reports relate to specialist community-based disability services or relating in any other way to the performance of the Executive’s specialist community-based disability services functions, even though such reports are the subject of a direction under subsection (1),

(b) any information or statistics relating to the performance of the Executive’s specialist community-based disability services functions, or.

(c) subject to section 10AA(1) and (3), one or more than one health needs assessment (within the meaning of section 10AA(8)), in so far as such an assessment relates to specialist community-based disability services, to be implemented by the Executive in the service plan prepared in accordance with section 31.

(3) Subsections (1) and (2) are not to be taken to limit a power to issue directions conferred on the Minister for Children, Equality, Disability, Integration and Youth by any other provision of this Act.

(4) The Minister for Children, Equality, Disability, Integration and Youth may, by written direction, amend or revoke any direction issued by him or her under this Act.

(5) The Executive or the Board, as applicable, shall comply with a direction issued by the Minister for Children, Equality, Disability, Integration and Youth under this Act.

(6) The Minister for Children, Equality, Disability, Integration and Youth shall ensure that, within 21 days after issuing a direction under subsection (1) or issuing a direction under subsection (4) amending or revoking a direction issued under subsection (1), a copy of the direction is laid before both Houses of the Oireachtas.

(7) The chairperson shall inform the Minister for Children, Equality, Disability, Integration and Youth of the measures taken by the Executive or the Board, as applicable, to comply with a direction issued under this section and such information shall be furnished to the Minister for Children, Equality, Disability, Integration and Youth within such period as may be specified by him or her.]

Annotations

Amendments:

F31
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 7, S.I. No. 666 of 2022.

Editorial Notes:

E12
The section heading is taken from the amending section in absence of one included in the amendment.

Section
F32[

Setting of priorities by Minister for Children, Equality, Disability, Integration and Youth

10D.— (1) Subject to subsections (2) to (4), the Minister for Children, Equality, Disability, Integration and Youth may, in relation to the performance by the Executive of its specialist community-based disability services functions, specify—

(a) priorities to which the Executive shall have regard in preparing its service plan under section 31 or amending its service plan under section 32, and

(b) specialist community-based disability services performance targets for the Executive in respect of such priorities.

(2) The Minister for Children, Equality, Disability, Integration and Youth shall consult with the Executive before specifying priorities or performance targets under this section and, having so specified such priorities or targets, shall furnish details of these in writing to the Executive.

(3) Before specifying priorities or performance targets under this section, the Minister for Children, Equality, Disability, Integration and Youth shall have regard to—

(a) best practice as respects the service the subject of the priority or performance target,

(b) outcomes for patients and recipients of services likely to be affected by the priority or performance target that the Minister for Children, Equality, Disability, Integration and Youth is considering specifying, and

(c) the effect that specifying the priority or performance target concerned would be likely to have on other services provided by or on behalf of the Executive.

(4) In this section, “specialist community-based disability services performance targets” means, as respects priorities specified under subsection (1), levels of performance by the Executive by which the effectiveness of the Executive in meeting such priorities can be measured by the Minister for Children, Equality, Disability, Integration and Youth.]

Annotations

Amendments:

F32
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 8, S.I. No. 666 of 2022.

Editorial Notes:

E13
The section heading is taken from the amending section in absence of one included in the amendment.

Section
F33[

Limitation as to exercise of powers under sections 10C and 10D

10E.— The Minister for Children, Equality, Disability, Integration and Youth shall not give a direction under section 10C, or specify a priority or performance target under section 10D, as respects—

(a) any function of the Executive relating to the provision of treatment or a specialist community-based disability service to any particular person,

(b) any function of the Executive relating to a decision concerning—

(i) whether or not a particular person is eligible for a particular specialist community-based disability service (including the payment of a grant or allowance), or

(ii) the extent to which and the manner in which a person is eligible for any such service,

(c) any function of the Executive relating to a decision concerning the making or recovery of a charge for the provision of a specialist community-based disability service by or on behalf of the Executive to a particular person or concerning the amount of such charge, or

(d) any function of the Executive that has been specified in an enactment to be a function of the chief executive officer relating to functions referred to in paragraphs (a) to (c).]

Annotations

Amendments:

F33
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 9, S.I. No. 666 of 2022.

Editorial Notes:

E14
The section heading is taken from the amending section in absence of one included in the amendment.

PART 3

The Board of the Health Service Executive

Section 11

Membership of Board. Role of Board.

11.— F34[…]

Annotations

Amendments:

F34
Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

Section 12
Role of Board.

12.— F35[…]

Annotations

Amendments:

F35
Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

Section 13
Condition of office

13.— F36[…]

Annotations

Amendments:

F36
Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

Section 14
Removal of members from office

14.— F37[…]

Annotations

Amendments:

F37
Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

Section 15
Committees of Board

15.— F38[…]

Annotations

Amendments:

F38
Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

Section 16
Remuneration and expenses of members of Board and committees.

16.— F39[…]

Annotations

Amendments:

F39
Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

F40[PART 3A

DIRECTORATE AND DIRECTOR GENERAL OF HEALTH SERVICE EXECUTIVE]

Annotations

Amendments:

F40
Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

Section 16A
F41[Directorate of Executive.

16A.— F42[…]]

Annotations

Amendments:

F41
Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F42
Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16B
F43[Term of office of appointed director.

16B.— F44[…]]

Annotations

Amendments:

F43
Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F44
Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16C
F45[Role of Directorate.

16C.— F46[…]]

Annotations

Amendments:

F45
Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F46
Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16D
F47[Appointed directors — eligibility for appointment and removal from office.

16D.— F48[…]]

Annotations

Amendments:

F47
Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F48
Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16E
F49[Appointment of Director General.

16E.— F50[…]]

Annotations

Amendments:

F49
Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F50
Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16E
F51[Eligibility for appointment as Director General.

16F.— F52[…]]

Annotations

Amendments:

F51
Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F52
Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16G
F53[General functions of Director General.

16G.— F54[…]]

Annotations

Amendments:

F53
Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F54
Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Editorial Notes:

E15
Previous affecting provision: subs. (3) substituted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 5, commenced on enactment; section repealed as per F-note above.

Section 16H
F55[Delegation of functions by Director General.

16H.— F56[…]]

Annotations

Amendments:

F55
Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F56
Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16I
F57[Attendance by Director General before Oireachtas Committees.

16I.— F58[…]]

Annotations

Amendments:

F57
Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F58
Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16J
F59[Accountability of appointed directors to Director General for the performance of their functions as employees of Executive.

16J.— F60[…]]

Annotations

Amendments:

F59
Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F60
Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16K
F61[Meetings and procedure of Directorate.

16K.— F62[…]]

Annotations

Amendments:

F61
Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F62
Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16L
F63[Vacancies in membership of Directorate.

16L.— F64[…]]

Annotations

Amendments:

F63
Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F64
Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

Section 16M
F65[Committees of Directorate.

16M.— F66[…]]

Annotations

Amendments:

F65
Inserted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 7, S.I. No. 275 of 2013.

F66
Repealed (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 3(a), S.I. No. 283 of 2019.

F67[Part 3B

Board of Executive]

Annotations

Amendments:

F67
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 9, S.I. No. 283 of 2019.

Section 16N
F68[

Membership of Board

16N.— (1) The Executive shall have a Board (in this Act referred to as the “Board”) consisting of the following members:

(a) a chairperson;

(b) a deputy chairperson;

(2) (a) Subject to paragraphs (b), (c) and (d), the chairperson, the deputy chairperson and the ordinary members of the Board F69[shall be appointed by the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] from among persons who, in the opinion of the Minister, have sufficient experience and expertise relating to matters connected with the functions of the Executive to enable them to make a substantial contribution to the effective and efficient performance of those functions.

F69[(b) At least 2 of the persons appointed under paragraph (a) shall be persons who, in the opinion of the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, have experience of, or expertise in, advocacy in relation to matters affecting patients or recipients of services from or on behalf of the Executive.]

(c) At least 2 of the persons appointed under paragraph (a) shall be persons who are practising, or have practised, as a member of a health profession, whether in or outside the State.

(d) At least one of the persons appointed under paragraph (a) shall be a person who, F69[in the opinion of the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] has experience of, or expertise in, financial matters.

(3) F70[The Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, shall], in so far as practicable, endeavour to ensure that among the members of the Board there is an equitable balance between men and women.

(4) The chairperson shall hold office for such period, not exceeding 5 years from the date of appointment, F70[as the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, shall determine].

(5) The deputy chairperson shall hold office for such period, not exceeding 5 years from the date of appointment, F70[as the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, shall determine].

(6) Subject to subsection (7), an ordinary member shall hold office for such period, not exceeding 5 years from the date of appointment, F71[as the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, shall determine].

(7) Of the ordinary members of the Board first constituted under this section—

(a) 5 members shall hold office for a period of 3 years from the date of appointment to the office, and

(b) 5 members shall hold office for a period of 5 years from the date of such appointment.

(8) Subject to subsection (9), a member of the Board whose term of office expires by the efflux of time shall be eligible for reappointment to the Board.

(9) A person who is reappointed to the Board in accordance with subsection (8) shall not hold office for more than 2 consecutive terms and in any event may not serve for a period of more than 10 years.

(10) A member may resign from office by letter F71[sent to the Minister and notified to the Minister for Children, Equality, Disability, Integration and Youth] and the resignation shall take effect on the later of—

(a) the date specified in the letter, or

(b) the date of receipt of the letter by the Minister.

(11) F71[The Minister, after notifying the Minister for Children, Equality, Disability, Integration and Youth, shall], as soon as practicable after an appointment to the Board, publish in Iris Oifigiúil notice of the name of the person so appointed.

(12) For the purpose of this section, ‘health profession’ means any of the following professions:

(a) dentist;

(b) a designated profession within the meaning of section 3 of the Health and Social Care Professionals Act 2005;

(d) midwife;

(e) nurse;

(f) pharmacist.]

Annotations

Amendments:

F68
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 9, S.I. No. 283 of 2019.

F69
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 10(a)(i)-(iii), S.I. No. 666 of 2022.

F70
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 10(b), (c), (d), S.I. No. 666 of 2022.

F71
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 10(e), (f), (g), S.I. No. 666 of 2022.

Section 16O
F72[

Casual vacancies

16O. (1) If a member resigns, dies, ceases to hold office (other than by effluxion of time), ceases to be qualified to hold office or is removed from office, the Minister F73[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] shall as soon as practicable appoint a person to fill the casual vacancy so arising.

(2) A person appointed under subsection (1) shall hold office for the unexpired period of his or her predecessor’s term of office or such other period as the Minister F73[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] may determine not exceeding 5 years including such unexpired period.

(3) A member appointed under subsection (1) is eligible for reappointment to the Board, on the expiry of the unexpired period or other period, as appropriate, referred to in subsection (2), but may not serve for more than 2 further consecutive terms and in any event may not serve for a period of more than 10 years.]

Annotations

Amendments:

F72
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 9, S.I. No. 283 of 2019.

F73
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 11(a), (b), S.I. No. 666 of 2022.

Section 16P
F74[

Functions of Board

16P.— (1) The Board is the governing body of the Executive with authority, in the name of the Executive, to perform the functions of the Executive.

(2) The Board shall—

(a) satisfy itself that appropriate systems, procedures and practices are in place—

(i) to achieve the Executive’s object,

(ii) for the internal performance management and accountability of the Executive in respect of the Executive’s—

(I) performance of its functions,

(II) achieving objectives in accordance with the corporate plan, and

(III) delivery of health and personal social services in accordance with this Act, and

(iii) in order to enable compliance with the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the Executive, and

(b) establish and implement arrangements for the management of the performance of the chief executive officer.

F75[(3) The Board is accountable—

(a) to the Minister for the performance of its functions under subsections (1) and (2), other than in so far as those functions relate to specialist community-based disability services functions under those subsections, and

(b) to the Minister for Children, Equality, Disability, Integration and Youth for the performance of its functions under subsections (1) and (2) in so far as those functions relate to the performance by the Executive of its specialist community-based disability services functions under those subsections.]

(4) The Board may delegate in writing to the chief executive officer any of the Executive’s functions.

(5) If a function of the Executive is delegated to the chief executive officer under subsection (4), the delegation remains in force until the Board revokes the delegation by notice in writing given to that officer.

F75[(6) (a) The Board shall notify the Minister in writing of any delegation made under subsection (4) and of any revocation of such delegation other than the extent to which any delegation relates to a specialist community-based disability services function of the Executive.

(b) The Board shall notify the Minister for Children, Equality, Disability, Integration and Youth of any delegation made under subsection (4) and of any revocation of such delegation to the extent to which the delegation relates to a specialist community‑based disability services function of the Executive.].

F75[(7) The Board shall inform the Minister or the Minister for Children, Equality, Disability, Integration and Youth in writing of any matter that it considers requires the attention of the Minister concerned.]]

Annotations

Amendments:

F74
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 9, S.I. No. 283 of 2019.

F75
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 12(a), (b), (c), S.I. No. 666 of 2022.

Section 16Q
F76[

Membership of either House of Oireachtas or European Parliament

16Q.— (1) A person is not eligible for appointment as a member of the Board or a committee of the Board if the person is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, or

(d) elected or co-opted as a member of a local authority.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament or a local authority shall, while he or she is so entitled or is such a member, be disqualified for membership of the Board or a committee of the Board.]

Annotations

Amendments:

F76
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 9, S.I. No. 283 of 2019.

Section 16R
F77[

Removal of member of Board

16R.— (1) The Minister F78[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] may at any time remove from office a member of the Board if, in the Minister’s opinion—

(a) the member has become incapable through ill-health of performing his or her functions,

(b) the member has committed stated misbehaviour,

(d) the member has contravened section 25(1) or 26 or an applicable provision of the Ethics in Public Office Act 1995, or

(e) in performing functions under this Act, the member has not been guided by a code of conduct that has been drawn up under section 10(3) of the Standards in Public Office Act 2001 and that relates to the member.

(2) A member of the Board shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(d) is convicted of any indictable offence,

(e) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,

(f) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, or

(g) is removed by a competent authority for any reason (other than failure to pay a fee) from any register established for the purpose of registering members of a profession in the State or another jurisdiction.

(3) A member who does not, for a consecutive period of 6 months, attend a meeting of the Board ceases at the end of that period to hold office unless the member F78[demonstrates to the satisfaction of the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] that the failure was due to ill-health.

(4) In this section, “applicable provision of the Ethics in Public Office Act 1995”, in relation to a member, means a provision of that Act that, by virtue of a regulation under section 3 of that Act, applies to that member.]

Annotations

Amendments:

F77
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 9, S.I. No. 283 of 2019.

F78
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 13(a), (b), S.I. No. 666 of 2022.

Section 16S
F79[

Removal of all members of Board from office

16S.— (1) The Minister F80[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] may remove all the members of the Board from office if—

(a) the Board fails to achieve a quorum for 3 consecutive meetings,

(b) the Board does not comply with a judgment, order or decree of any court,

(c) the Board does not comply with a direction of the Minister F80[or the Minister for Children, Equality, Disability, Integration and Youth in so far as (in the case of that last‑mentioned Minister) such a direction relates to the performance by the Executive of its specialist community-based disability services functions] or any other requirement imposed on it by or under any enactment including this Act, or

(d) the Minister F80[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] is of the opinion that the Board’s functions (in particular, its functions under section 16P) are not being performed in an effective and efficient manner.

(2) The Minister F81[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] may, if he or she is of the opinion that the Board’s functions are not being performed in an effective and efficient manner, appoint a person to—

(a) conduct an independent review of any matter giving rise to that opinion, and

(b) submit a report to the Minister F81[and the Minister for Children, Equality, Disability, Integration and Youth] on the results of the review.

(3) The Board shall co-operate with a review under subsection (2) and give the person conducting it all reasonable assistance, including access to such premises, equipment and records as the person may require for the purposes of the review.

(4) The removal of the members of the Board from office does not revoke or otherwise affect any delegation of the Executive’s functions to the chief executive officer under section 16P(4).]

Annotations

Amendments:

F79
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 9, S.I. No. 283 of 2019.

F80
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 14(a)(i), (ii), (iii), S.I. No. 666 of 2022.

F81
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 14(b)(i), (ii), S.I. No. 666 of 2022.

Section 16T
F82[

Committees of Board

16T.— (1) The Board may establish committees, consisting in whole or in part of persons who are members of the Board, to assist and advise it in relation to the performance of any of its functions.

(2) In appointing members of a committee the Board shall have regard to the knowledge and experience necessary for the proper and effective and efficient discharge of the functions of the committee.

(3) The Board may at any time remove a member of a committee for stated reasons.

(4) The acts of a committee shall be subject to confirmation by the Board, unless the Board otherwise determines.

(5) The Board may determine the terms of reference and the procedures of a committee.

(6) The Board may appoint a member of a committee to be the chairperson of a committee.

(7) A committee shall provide the Board with such information as the Board may from time to time require, in respect of the committee’s activities and operations, for the purposes of the performance by the Board of its functions.

(8) The Board may at any time dissolve a committee.

(9) In this section, ‘committee’ means a committee established under subsection (1).]

Annotations

Amendments:

F82
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 9, S.I. No. 283 of 2019.

Section 16U
F83[

Remuneration and expenses of members of Board and committees

16U.— (1) F84[The Minister, may, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, and with the consent of the Minister for Public Expenditure and Reform], determine the remuneration and expenses payable under this section.

(2) The remuneration and allowances for expenses, if any, determined in accordance with subsection (1) are payable by the Executive out of funds at its disposal to—

(a) the members of the Board, and

(b) the members of a committee of the Board.

(3) The remuneration and allowances for expenses, if any, determined in accordance with subsection (1) are payable by the Minister out of money provided by the Oireachtas to a person appointed under section 16S(2) to conduct an independent review.]

Annotations

Amendments:

F83
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 9, S.I. No. 283 of 2019.

F84
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 15, S.I. No. 666 of 2022.

PART 4

Chief Executive Officer

Section 17
Appointment of chief executive officer.

17.— F85[…]

Annotations

Amendments:

F85
Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

Section 18
Functions of chief executive officer and their performance by deputy.

18.— F86[…]

Annotations

Amendments:

F86
Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

Section 19
Delegation of functions.

19.— F87[…]

Annotations

Amendments:

F87
Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

Section 20
Chief executive officer to be accounting officer.

20.— F88[…]

Annotations

Amendments:

F88
Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

Section 21
Attendance of chief executive officer before Oireachtas Committees.

21.— F89[…]

Annotations

Amendments:

F89
Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provisions in s. 23.

F90[Part 4A

Chief Executive Officer]

Annotations

Amendments:

F90
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 10, S.I. No. 283 of 2019.

Section 21A
F91[

Appointment of chief executive officer

21A.— (1) Subject to subsection (2), the Board shall as soon as practicable after the commencement of section 10 of the Health Service Executive (Governance) Act 2019 and thereafter as required, appoint a person recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 to be the chief executive officer of the Executive (in this Act referred to as the “chief executive officer”).

(2) Subsection (1) shall not apply to a person deemed under subsection (6) to be the first chief executive officer.

(3) The chief executive officer shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as may be determined by the Board F92[with the approval of the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, given with the consent of the Minister for Public Expenditure and Reform].

(4) The remuneration and allowances determined under subsection (3) shall be paid out of funds at the disposal of the Executive.

(5) The chief executive officer shall not hold any other office or employment or carry on any business.

(6) Notwithstanding the repeal of Part 3A by section 3 (a) of the Health Service Executive (Governance) Act 2019, the person who was the Director General, immediately before the commencement of the said section 3 (a), shall be deemed to be the first chief executive officer—

(a) as if, on that commencement, the Board had appointed under subsection (1) the person to be the chief executive officer for the remaining period, if any, that was left to run for the person to hold the office of such Director General immediately before that commencement, and

(b) on the same terms and conditions (including terms and conditions relating to remuneration, allowances, superannuation and termination of appointment) as the person held office as such Director General immediately before that commencement, and the other provisions of this Act shall be construed accordingly.

(7) The chief executive officer shall not be a member of the Board or a committee, but he or she may, in accordance with procedures established by the Board or a committee, as the case may be, attend meetings of the Board or a committee and shall be entitled to speak at and advise such meetings.]

Annotations

Amendments:

F91
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 10, S.I. No. 283 of 2019.

F92
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 16, S.I. No. 666 of 2022.

Section 21B
F93[]

Resignation, removal or disqualification of chief executive officer

21B.— (1) The chief executive officer may resign from office by giving notice in writing to the Board of his or her resignation.

(2) The Board may, at any time, remove the chief executive officer from office if, in its opinion—

(a) the chief executive officer has become incapable through ill-health of performing his or her functions,

(b) the chief executive officer has committed stated misbehaviour, or

(c) the removal of the chief executive officer is necessary for the effective and efficient performance by the Executive of its functions.

(3) If the chief executive officer is removed from office in accordance with subsection (2), the Board shall provide the chief executive officer with a statement of reasons for the removal.

(4) The chief executive officer shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(b) is convicted of any indictable offence,

(d) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014.]

Annotations

Amendments:

F93
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 10, S.I. No. 283 of 2019.

Section 21C
F94[

Functions of chief executive officer

21C.— (1) The chief executive officer shall—

(a) carry on and manage, and control generally, the administration and business of the Executive and perform such other functions as are conferred on him or her by or under this Act or any other enactment,

(b) ensure that appropriate systems, procedures and practices are in place—

(i) to achieve the Executive’s object,

(ii) for the internal performance management and accountability of the Executive in respect of the Executive’s—

(I) performance of its functions,

(II) achieving objectives in accordance with the corporate plan, and

(III) delivery of health and personal social services in accordance with this Act, and

(c) provide the Board with such information (including financial information) relating to the performance of his or her functions and the implementation of the policies of the Executive as the Board may require, and

F95[(d) assist and provide the accounting officer of the Department of Health and, in respect of the specialist community-based disability services functions of the Executive, the accounting officer of the Department of Children, Equality, Disability, Integration and Youth (other than, in either case, for the purposes referred to in section 40G) with such information (including financial information and records) relating to the functions of the accounting officer concerned within such period as the accounting officer concerned may require.]

(2) The chief executive officer shall be accountable to the Board for the effective and efficient management of the Executive and for the due performance of his or her functions.]

Annotations

Amendments:

F94
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 10, S.I. No. 283 of 2019.

F95
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 17, S.I. No. 666 of 2022.

Section 21D
F96[

Delegation and subdelegation of functions

21D.— (1) (a) Subject to paragraph (b), the chief executive officer may—

(i) delegate any of his or her functions under section 21C in writing to an employee of the Executive, which employee shall be specified by name, grade, position or otherwise, and

(ii) to the extent specified in a delegation made under this subsection, authorise the subdelegation of any or all of the functions delegated under subparagraph (i) to or by other employees of the Executive.

(b) The Board may issue directions in writing to the chief executive officer in respect of the exercise of his or her power under paragraph (a) and the chief executive officer shall comply with such directions.

(2) Any function delegated or subdelegated under this section to an employee of the Executive shall be performed by the employee under the general direction and control of the chief executive officer and in compliance with such directions, limitations and guidelines as may be specified by—

(a) in the case of a delegated function, the chief executive officer, or

(b) in the case of a subdelegated function, the employee who subdelegated the function.

(3) The delegation of a function does not preclude the chief executive officer from performing the function.

(4) The chief executive officer may—

(a) vary the delegation of a function under this section, including by modifying the geographical area to which the delegation relates,

(b) revoke the delegation, or

(5) On varying or revoking the delegation or subdelegation of a function, the chief executive officer shall, as soon as practicable, inform each employee to whom the function was delegated or subdelegated of its variation or revocation.

(6) An employee of the Executive who subdelegates a function delegated or subdelegated to the employee under this section—

(a) may—

(i) vary the subdelegation, including by modifying the geographical area to which it relates, or

(ii) may revoke the subdelegation, and

(b) is not precluded from performing the function.

(7) On varying or revoking the subdelegation of a function under subsection (6), the employee who subdelegated the function shall, as soon as practicable, inform each employee to whom the function was subdelegated of its variation or revocation.]

Annotations

Amendments:

F96
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 10, S.I. No. 283 of 2019.

Section 21E
F97[

Accountability of chief executive officer to committees of Houses of Oireachtas

21E.— (1) Subject to subsection (2), the chief executive officer shall, at the request in writing of a Committee, attend before it to give an account of the general administration of the Executive.

(2) The chief executive officer shall not be required to give an account before a Committee of any matter relating to the general administration of the Executive which is the subject of proceedings before a court or tribunal in the State.

(3) Where the chief executive officer is of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which subsection (2) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the chief executive officer is before it, the information shall be so conveyed in writing.

(4) Where the chief executive officer has informed a Committee of his or her opinion in accordance with subsection (3) and the Committee does not withdraw the request referred to in subsection (1) in so far as it relates to a matter the subject of that opinion—

(a) the chief executive officer may, not later than 42 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (2) applies, or

(b) the Chairperson of the Committee may, on behalf of the Committee, make such an application,

and the High Court shall determine the matter.

(5) Pending the determination of an application under subsection (4), the chief executive officer shall not attend before the Committee to give account for the matter the subject of the application.

(6) If the High Court determines that the matter concerned is one to which subsection (2) applies, the Committee shall withdraw the request referred to in subsection (1), but if the High Court determines that subsection (2) does not apply, the chief executive officer shall attend before the Committee to give account for the matter.

(7) In the performance of his or her duties under this section, the chief executive officer shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

(8) With the permission of the Chairperson of a Committee making the request under subsection (1), either—

(a) the chairperson of the Board, or

(b) an employee of the Executive nominated by the chief executive officer, may attend before the Committee in place of the chief executive officer to give an account of the general administration of the Executive, and in that case a reference in subsections (2) to (7) to the chief executive officer shall be read as including a reference to the person attending in his or her place.

(9) In this section, “Committee” means a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas, other than—

(a) the Committee of Public Accounts, the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann, or

(b) a subcommittee of a committee referred to in paragraph (a).]

Annotations

Amendments:

F97
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 10, S.I. No. 283 of 2019.

Section 21F
F98[

Membership of either House of Oireachtas or European Parliament

21F.— (1) A person is not eligible for appointment as the chief executive officer if the person is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, or

(d) elected or co-opted as a member of a local authority.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament or of a local authority shall, while he or she is so entitled or is such a member, be disqualified for being the chief executive officer.]

Annotations

Amendments:

F98
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 10, S.I. No. 283 of 2019.

Section 21G
F99[

Acting chief executive officer

21G.— (1) Subject to subsection (2), the Board may appoint such other employee of the Executive to perform the functions of the chief executive officer during—

(a) any period or periods when the chief executive officer is absent from duty or from the State or is, for any other reason, unable to perform the functions of chief executive officer,

(b) any suspension from office of the chief executive officer, or

(2) The Board may at any time terminate an appointment under this section.]

Annotations

Amendments:

F99
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 10, S.I. No. 283 of 2019.

PART 5

Employees and Advisers

Section 22

Employees of Executive.

22.— (1) The Executive may, subject to subsections (2) to (5), appoint persons to be its employees and may determine their duties.

(2) Employees appointed under this section shall be recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004.

(3) Subsection (2) does not apply to employees appointed under this section during the period of 3 months beginning with the establishment day or during such shorter period as the Minister may specify.

(4) The Executive shall, F100[with the approval of the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, given with the consent of] the Minister for Finance, determine—

(a) the terms and conditions of employment (including terms and conditions relating to remuneration and allowances) of employees appointed under this section, and

(b) the grades of the employees of the Executive and the numbers of employees in each grade.

(5) A person is not eligible for appointment as an employee of the Executive if the person is—

(a) a member of either House of the Oireachtas or of the European Parliament, or

(b) regarded pursuant to section 19 of the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy.

(6) The remuneration and allowances of the Executive’s employees are payable by the Executive to them out of funds at its disposal.

F101[(7) This section shall not apply to the appointment of the chief executive officer under section 21A.]

Annotations

Amendments:

F100
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 18, S.I. No. 666 of 2022.

F101
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 11, S.I. No. 283 of 2019.

Section 23

Superannuation.

23.— (1) The Executive shall prepare and submit to the Minister one or more than one scheme for granting superannuation benefits to or in respect of such employees (including the F102[chief executive officer]) of the Executive as it may think fit.

(2) Each superannuation scheme must fix the terms of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different terms may be fixed in respect of different classes of persons.

(3) A superannuation scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.

(4) A superannuation scheme submitted by the Executive under this section shall, if approved by F103[the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, with the consent of] the Minister for Finance, be carried out by the Executive in accordance with its terms.

(5) The Executive may not grant, or enter into any arrangement for the provision of, any superannuation benefit to or in respect of an employee (including the F102[chief executive officer]) except in accordance with a scheme approved under this section or except as approved by F103[the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, with the consent of] the Minister for Finance.

(6) Each scheme must include provision for appeals from a decision relating to a superannuation benefit under the scheme.

(7) The Minister shall ensure that a superannuation scheme approved under this section is laid before each House of the Oireachtas as soon as practicable after the scheme is approved.

(8) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which the scheme is laid before it, annul the scheme.

(9) The annulment of a superannuation scheme under subsection (8) takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the scheme before the passing of the resolution.

Annotations

Amendments:

F102
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 12(a), (b), S.I. No. 283 of 2019.

F103
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 19(a), (b), S.I. No. 666 of 2022.

Editorial Notes:

E16
Power pursuant to section exercised (1.01.2005) by Health Service Executive Employee Superannuation Scheme 2010 (S.I. No. 362 of 2010), in effect as per art. 2.

E17
Previous affecting provision: subs. (1) and (5) amended (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 8, S.I. No. 275 of 2013; subs. (1) and (5) amended as per F-note above.

Section 24

Advisers.

24.— (1) The Executive may engage such advisers as it considers necessary for the performance of its functions.

(2) Any fees due to an adviser engaged under this section are payable by the Executive out of funds at its disposal.

PART 6

Standards and Disqualifications

Section 25

Standards of integrity.

25.— F104[(1) A person shall maintain proper standards of integrity, conduct and concern for the public interest while performing functions under this Act or any other enactment as—

(a) a member of the Board or a committee of the Board (including the audit committee established under section 40H),

(b) the chief executive officer,

(d) a person engaged by the Executive as an adviser under section 24, or

(e) an employee of a person referred to in paragraph (d).]

(2) Subsection (1) applies to an employee of a person referred to in F105[paragraph (d)] of that subsection in respect only of duties of employment relating to the purposes for which the Executive has engaged that person.

F105[(3) For the purposes of subsection (1), F104[the Board shall] issue codes of conduct for the guidance of persons referred to in that subsection and may issue different codes in respect of different classes of such persons.]

(4) A code of conduct issued under this section for the guidance of persons referred to in subsection (3) must indicate the standards of integrity and conduct to be maintained by them in performing their functions under this or any other enactment.

(5) A person to whom such a code of conduct relates is required to have regard to and be guided by the code in performing the person’s functions under this or any other enactment.

(6) The terms and conditions on which a person is employed by the Executive or by a person referred to in F105[subsection (1)(d)] or on which a person is engaged by the Executive as an adviser, as the case may be, are deemed to include any requirements that apply to that person under subsection (5).

(7) Subject to subsection (8), the Executive shall as soon as practicable after issuing a code of conduct make the code available to the persons for whose guidance it was issued.

(8) A code of conduct for the guidance of employees of a person engaged by the Executive as an adviser shall be issued by the Executive to the employer and be made available by the employer to those employees.

(9) A document purporting to be a code of conduct issued under this section is, in the absence of evidence to the contrary, to be taken to be such code and is admissible in any proceedings before a court or other tribunal.

(10) Any provision of such code that appears to the court or other tribunal to be relevant to a question in the proceedings may be taken into account by it in determining the question.

Annotations

Amendments:

F104
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 13(a), (b), S.I. No. 283 of 2019.

F105
Substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 9(b), (c), (d), S.I. No. 275 of 2013.

Editorial Notes:

E18
Previous affecting provision: subs. (1) substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 9(a), S.I. No. 275 of 2013; subs. (1) substituted as per F-note above.

Section 26

Unauthorised disclosure of confidential information.

F106[26.— (1) Subject to subsection (2), a person shall not disclose confidential information obtained by him or her while performing functions as—

(a) a member of the Board or a committee of the Board (including the audit committee established under section 40H),

(b) the chief executive officer or any other employee of the Executive,

(d) an employee of a person referred to in paragraph (c), or

(e) a person appointed under section 16S(2) to conduct an independent review,

unless he or she is required by law, or duly authorised by the Executive or, in the case of a person referred to in paragraph (e), the Minister, to do so.

(2) A person does not contravene subsection (1) by disclosing confidential information if—

(a) the disclosure is made to the Board,

(b) the disclosure is made to the Minister by or on behalf of the Executive, or by or on behalf of a person referred to in paragraph (e) of subsection (1), or in compliance with a requirement of this Act, or

(3) A person who contravenes subsection (1) is guilty of an offence.

(4) In this section, “confidential information” means—

(a) in the case of persons referred to in paragraphs (a) to (d) of subsection (1)—

(i) information that is expressed by the Executive to be confidential either as regards particular information or as regards information of a particular class or description, and

(ii) information relating to proposals of a commercial nature or tenders submitted to the Executive by contractors, consultants or any other person,

and

(b) in the case of a person referred to in paragraph (e) of subsection (1)—

(i) information that is expressed by the Minister to be confidential either as regards particular information or as regards information of a particular class or description, and

(ii) information relating to proposals of a commercial nature or tenders submitted to the Executive by contractors, consultants or any other person.]

Annotations

Amendments:

F106
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 14, S.I. No. 283 of 2019.

Modifications (not altering text):

C9
Person holding record under section excluded from requirement to refuse an FOI request (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 41(1)(a) and sch. 3 part 1, commenced on enactment.

Enactments relating to non-disclosure of records.

41.—(1) A head shall refuse to grant an FOI request if—

(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or

…

SCHEDULE 3

Enactments Excluded from Application of Section 41

PART I

Statutes

…

No. 42 of 2004

Health Act 2004

Section 26.

…

Editorial Notes:

E19
Previous affecting provision: subss. (1), (2) substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 10, S.I. No. 275 of 2013; section substituted as per F-note above.

Section 27

Disqualification resulting from membership of either House of Oireachtas, European Parliament of local authority.

27.— (1) F107[A member of the Board or a member of a committee of the Board (including the audit committee established under section 40H)] immediately ceases to hold office on—

(a) being nominated as a member of Seanad Éireann,

(b) being elected as a member of either House of the Oireachtas or of the European Parliament,

(c) being regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy, or

(d) becoming a member of a local authority.

(2) An employee of the Executive (including the F107[chief executive officer]) is immediately seconded from employment with the Executive on—

(a) being nominated as a member of Seanad Éireann,

(b) being elected as a member of either House of the Oireachtas or of the European Parliament, or

(c) being regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy.

(3) No remuneration or allowances are payable by the Executive in respect of the secondment period to a person seconded from employment under subsection (2) and that period is not to be counted as service with the Executive for the purposes of any superannuation benefit.

(4) In relation to a person seconded under subsection (2) from employment, the secondment period begins on the occurrence of the relevant event referred to in that subsection and ends when the person ceases to be a member of either House of the Oireachtas or of the European Parliament.

Annotations

Amendments:

F107
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 15(a), (b), S.I. No. 283 of 2019.

Editorial Notes:

E20
Previous affecting provision: subss. (1), (2) amended (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 11(a), (b), S.I. No. 275 of 2013; further amended as per F-note above.

F216[PART 9A

Protected Disclosures of Information

]

Annotations

Amendments:

F216
Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Modifications (not altering text):

C15
Complaints to Preliminary Proceedings Committee concerning registered nurses and registered midwives classified as protected disclosures under Part (2.10.2012) by Nurses and Midwives Act 2011 (41/2011), s. 55(9), S.I. No. 385 of 2012, art. 2(i).

Complaints concerning registered nurses and registered midwives.

55.— …

(9) A complaint is a protected disclosure under the Health Act 2004 (as amended by the Health Act 2007 ).

Section 55A
F217[

Definition of expressions in this Part.

55A.— In this Part and Schedule 2A:

“actions” means anything done or omitted to be done;

“authorised person” means, unless otherwise specified, a person appointed in accordance with section 55H(3);

“chief inspector” means the person who is appointed to the Office of the Chief Inspector of Social Services in accordance with section 40 of the Health Act 2007;

“designated centre” means a designated centre as defined in section 2 (1) of the Health Act 2007;

“employee” means a person who has entered into or works under (or, where the employment has ceased, had entered into or worked under) a contract of employment with or is (or was) placed for the purpose of vocational training with any of the following:

(a) the Executive;

(b) another person providing a service similar to a service provided by the Executive who employs or has a contractual arrangement with a person registered with a professional regulatory body;

(d) any other person receiving assistance in accordance with section 39 of this Act or section 10 of the Child Care Act 1991 ;

(e) a designated centre other than a designated centre operated by a relevant body;

(f) a mental health service other than a mental health service operated by a relevant body;

(g) a body established under the Health (Corporate Bodies) Act 1961 ; or

(h) any other person who provides a service for the purpose of providing staff to any of the persons or bodies referred to in paragraphs (a) to (g);

“employer”, in relation to an employee, means a person or body (including a service provider or designated centre or mental health service) listed in the definition of “employee”;

“Health Information and Quality Authority” means the body established in accordance with section 6 of the Health Act 2007;

“mental health services” means mental health services as defined in section 2 (1) of the Mental Health Act 2001 ;

“Pharmaceutical Society of Ireland” means the body constituted in accordance with section 4 of the Pharmacy Act (Ireland) 1875;

“professional regulatory body” means—

(a) an Bord Altranais,

(b) the Dental Council,

(d) the Medical Council, or

(e) the Pharmaceutical Society of Ireland;

“relevant body” means—

(a) the Executive,

(b) a service provider,

(c) any other person who has received or is receiving assistance in accordance with section 39 of this Act or section 10 of the Child Care Act 1991, or

(d) a body established under the Health (Corporate Bodies) Act 1961;

“Scheduled body” means a body referred to in Schedule 2A.]

Annotations

Amendments:

F217
Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Modifications (not altering text):

C16
Terms “Medical Council” and “Medical Registration Council” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(3), S.I. No. 231 of 2008, art. 2(j).

Construction of references to registered medical practitioner and Medical Council, etc.

108. — …

(3) Every reference to—

(a) the Medical Council, or

(b) the Medical Registration Council,

contained in any other enactment or any statutory instrument shall be construed as the Council within the meaning of section 2.

Section 55B
F218[

Protected disclosure of information by an employee of a relevant body.

55B.— Where an employee of a relevant body makes, in good faith, a disclosure to an authorised person and the employee has reasonable grounds for believing that it will show one or more of the following:

(a) that the health or welfare of a person who is receiving a health or personal social service in accordance with this Act has been, is or is likely to be at risk;

(b) that the actions of any person employed by or acting on behalf of the relevant body has posed, is posing or is likely to pose a risk to the health or welfare of the public;

(c) that the relevant body or a person employed by or acting on behalf of the relevant body failed, is failing or is likely to fail to comply with any legal obligation to which the relevant body or person is subject in the performance of the relevant body’s or person’s functions;

(d) that the conduct of the relevant body or of a person employed by or acting on behalf of the relevant body has led, is leading or is likely to lead to a misuse or substantial waste of public funds;

(e) that evidence of any matter falling within any of paragraphs (a) to (d) has been, is being or is likely to be deliberately concealed or destroyed;

the disclosure shall be a protected disclosure under this Act.]

Annotations

Amendments:

F218
Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Section 55C
F219[

Protected disclosure of information by an employee of a designated centre.

55C.— Where an employee of a person carrying on the business of a designated centre other than a centre operated by a relevant body makes, in good faith, a disclosure to the chief inspector and the employee has reasonable grounds for believing that the disclosure will show one or more of the following:

(a) that the actions of any person employed by or acting on behalf of a person carrying on the business of a designated centre has posed, is posing or is likely to pose a risk to the health or welfare of a resident of the centre;

(b) that the person carrying on the business of a designated centre has failed, is failing or is likely to fail to comply with any of the following which are applicable to the designated centre:

(i) a provision of regulations made under the Health Act 2007;

(ii) a standard made under the Health Act 2007;

(iii) any other statutory obligation;

(c) that evidence of any matter falling within either of paragraphs (a) and (b) has been, is being or is likely to be deliberately concealed or destroyed;

the disclosure shall be a protected disclosure under this Act.]

Annotations

Amendments:

F219
Inserted (1.08.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 268 of 2009.

Section 55D
F220[

Protected disclosure of information by an employee of a mental health service provider.

55D.— Where an employee of a person providing mental health services other than a relevant body makes, in good faith, a disclosure to the Mental Health Commission or the Inspector of Mental Health Services, and the employee has reasonable grounds for believing that the disclosure will show one or more of the following:

(a) that the actions of any person employed by or acting on behalf of the person providing the services has posed, is posing or is likely to pose a risk to the health or welfare of a person receiving the service;

(b) that a person providing the services has failed, is failing or is likely to fail to comply with any of the following which are applicable to the person:

(i) a provision of the Mental Health Acts 1945 to 2001;

(ii) a provision of regulations made under those Acts;

(iii) any other statutory obligation;

(c) that evidence of any matter falling within either of paragraphs (a) and (b) has been, is being or is likely to be deliberately concealed or destroyed;

the disclosure shall be a protected disclosure under this Act.]

Annotations

Amendments:

F220
Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Section 55E
F221[

Protected disclosure of information in relation to regulated professions.

55E.— Where a person makes, in good faith, a disclosure to a professional regulatory body, which the person has reasonable grounds for believing will show that the actions of any person, the exercise of whose profession requires him or her to be registered with a professional regulatory body, has posed, is posing or is likely to pose a risk to the health or welfare of the public, the disclosure shall be a protected disclosure under this Act.]

Annotations

Amendments:

F221
Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Section 55F
F222[

Applications and complaints about health professionals to be protected disclosures.

55F.— (1) An application in accordance with—

(a) section 45 of the Medical Practitioners Act 1978,

(b) section 38 of the Dentists Act 1985,

is a protected disclosure under this Act.

(2) A complaint under section 52 of the Health and Social Care Professionals Act 2005 is a protected disclosure under this Act.]

Annotations

Amendments:

F222
Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Section 55G
F223[

Protected disclosure of information: monitoring, investigations and inspections.

55G.— Where a person makes, in good faith, a disclosure to—

(a) an authorised person appointed by the Health Information and Quality Authority in accordance with section 70 of the Health Act 2007 to—

(i) monitor compliance with standards in accordance with section 8 (1)(c) of the Health Act 2007, or

(ii) undertake an investigation under section 9 of the Health Act 2007,

(b) the chief inspector who is in the course of an inspection carried out in accordance with section 41 of the Health Act 2007, or

(c) the Inspector of Mental Health Services who is in the course of an inspection carried out in accordance with section 51 of the Mental Health Act 2001,

which the person has reasonable grounds for believing will show a risk to the health or welfare of the public, the disclosure is a protected disclosure under this Act.]

Annotations

Amendments:

F223
Section, other than para. (b), inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009; para. (b) inserted (1.08.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 268 of 2009.

Section 55H
F224[

Duty of relevant body to establish procedures.

55H.— (1) The Executive shall establish procedures, applicable to the Executive, service providers and any other person who has received or is receiving assistance in accordance with section 39 of this Act or section 10 of the Child Care Act 1991 —

(a) to facilitate the making of protected disclosures, and

(b) for the investigation of any matter which is the subject matter of a protected disclosure.

(2) A body established under the Health (Corporate Bodies) Act 1961 which is not a service provider shall establish procedures—

(a) to facilitate the making of protected disclosures, and

(b) for the investigation of any matter which is the subject matter of a protected disclosure.

(3) The Executive, or as the case may be, a body referred to in subsection (2), shall appoint a person (the “authorised person”) to whom protected disclosures may be made.

(4) A service provider may, with the agreement of the Executive, establish procedures for the purposes set out in paragraphs (a) and (b) of subsection (1) so far as relating to matters within the remit of the service provider.

(5) The Executive may agree under subsection (4) only if satisfied that the procedures being established under that subsection are of a standard equivalent to those established, or which it would otherwise have established, under subsection (1).

(6) Procedures established under subsection (4) are in place of those established, or which the Executive would have established, under subsection (1), so far as applicable to the service provider.

(7) Where a body established under the Health (Corporate Bodies) Act 1961 is a service provider, the provisions of subsections (1), (4), (5) and (6) shall apply to the body.

(8) The Executive or a body referred to in subsection (2) shall, before establishing procedures under this section—

F225[(a) submit a draft of the proposed procedures to the Data Protection Commission for its opinion as to whether any provision of the procedures would, if given effect, be likely to result in a contravention of the Data Protection Regulation or the Data Protection Act 2018, and]

(b) request that the opinion be given in writing to the Executive, or as the case may be, the body referred to in subsection (2) before the date specified in the request.

(9) If, before that date, the F225[the Data Protection Commission] provides a written opinion that a provision of the draft procedures would, if given effect, be likely to have the results referred to in subsection (8)(a), the Executive, or as the case may be, the body referred to in subsection (2) shall have regard to that opinion in its further deliberations on the draft procedures.]

F226[(10) In this section, “Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201630 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).]

Annotations

Amendments:

F224
Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

F225
Substituted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 199(a), (b), S.I. No. 174 of 2018.

F226
Inserted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 199(c), S.I. No. 174 of 2018.

Section 55I
F227[

Adherence to procedures governing protected disclosure of information to be a condition of arrangements made by the Executive.

55I.— (1) It is a condition of any arrangement under section 38 or of assistance given under section 39 of this Act or section 10 of the Child Care Act 1991 that a service provider or person receiving assistance will—

(a) adhere to the procedures established by the Executive in accordance with section 55H(1), or

(b) where procedures have been established by the service provider under section 55H(4), adhere to those procedures.

(2) The Executive may exercise any rights or remedies available to it by virtue of an arrangement or the giving of assistance referred to in subsection (1) if the service provider or person receiving assistance, as the case may be, is in breach of that subsection.]

Annotations

Amendments:

F227
Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Section 55J
F228[

Duties in respect of protected disclosures.

55J.— (1) Where a protected disclosure is made to an authorised person, the authorised person shall investigate the subject matter of the disclosure.

(2) An authorised person may refer that subject matter or any part of it to an appropriate Scheduled body or a professional regulatory body or, where the authorised person believes that a criminal offence has been committed, to the Garda Síochána.

(3) An authorised person may inform a person in charge of the body to whom the disclosure relates of the subject matter of the disclosure.

(4) Notwithstanding a referral under subsection (2), the authorised person may investigate the subject matter if the authorised person or the person in charge of the body to which the disclosure relates considers it appropriate to do so.

(5) The person in charge of the body to whom the disclosure relates may, with the consent of the authorised person, appoint another person to investigate the subject matter.

(6) If, at any time during an investigation, the authorised person believes the disclosure is false, misleading, frivolous or vexatious, he or she may cease the investigation.]

Annotations

Amendments:

F228
Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Section 55K
F229[

Disclosure to a Scheduled body.

55K.— (1) An employee of a relevant body may make a protected disclosure only in accordance with—

(a) sections 55E, 55F or 55G, or

(b) the procedures established under section 55H.

(2) Notwithstanding subsection (1), an employee of a relevant body may make a disclosure to a Scheduled body if the employee has reasonable grounds to believe—

(a) that the disclosure is justified by reason of the urgency of the matter, or

(b) there has been no investigation of the matter, or if an investigation has taken place, there has been no action or recommended action on the subject matter of the disclosure.]

Annotations

Amendments:

F229
Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Section 55L
F230[

Protection from civil liability of persons who have made a protected disclosure.

55L.— (1) A person is not liable in damages in consequence of a protected disclosure.

(2) Subsection (1) does not apply in respect of a person who makes a disclosure knowing it to be or reckless as to whether it is false, misleading, frivolous or vexatious or who, in connection with a disclosure, furnishes information that the person knows to be false or misleading.

(3) The reference in subsection (1) to liability in damages shall include a reference to any other form of relief.]

F231[(4) This section does not apply where the protected disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]

Annotations

Amendments:

F230
Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

F231
Inserted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 24(1) and sch. 4 part 1 item 6, S.I. No. 327 of 2014.

Section 55M
F232[

Protection of employees from penalisation for having made a protected disclosure.

55M.— (1) An employer shall not penalise an employee for making a protected disclosure.

F233[(1A) Subsection (1) does not apply where the protected disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]

(2) A contravention of subsection (1) is a ground of complaint by an employee to a F234[adjudication officer under section 41 of the Workplace Relations Act 2015].

(3) In proceedings F234[under Part 4 of the Workplace Relations Act 2015] in relation to a complaint of a contravention of subsection (1), it shall be presumed, unless the contrary is proved, that the disclosure was a protected disclosure.

(4) If the contravention of subsection (1) was a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2005, relief may not be granted to the employee both under F234[Part 4 of the Workplace Relations Act 2015] and under those Acts.

(5) F235[…]

F234[(6) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of subsection (1) shall do one or more of the following, namely—

(a) declare that the complaint was or, as the case may be, was not well founded,

(b) require the employer to comply with subsection (1) and to take a specified course of action, or

(c) order the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all the circumstances.]

(7) F235[…]

(8) F235[…]

(9) F235[…]

(10) F235[…]

F234[(11) A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in subsection (6), shall affirm, vary or set aside the decision of the adjudication officer.]

(12) F235[…]

(13) F235[…]

(14) F235[…]

(15) F235[…]

(16) F235[…]

(17) F235[…]]

Annotations

Amendments:

F232
Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

F233
Inserted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 24(1), sch. 4 part 1 item 6, S.I. No. 327 of 2014.

F234
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 item 20(a)-(e), S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

F235
Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 item 19, commenced as per subs. (7) and S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

Modifications (not altering text):

C17
Redress procedure in respect of subs. (1) specified (1.01.2015) by Workplace Relations Act 2015 (16/2015), s. 41(1) and sch. 5 part 1 item 14, S.I. No. 410 of 2015.

Presentation of complaints and referral of disputes

41. (1) An employee (in this Act referred to as a “complainant”) or, where the employee so consents, a specified person may present a complaint to the Director General that the employee’s employer has contravened a provision specified in Part 1 or 2 of Schedule 5 in relation to the employee and, where a complaint is so presented, the Director General shall, subject to section 39, refer the complaint for adjudication by an adjudication officer.

…

SCHEDULE 5

Provisions and Enactments Specified for Purposes of Part 4

Part 1

Section 41

…

14. Section 55M(1) of the Health Act 2004

…

Editorial Notes:

E52
Subs. (1) included in definitions of employment enactments and relevant enactments (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 2, S.I. No. 338 of 2015.

Section 55N
F236[Proceedings before Labour Court.

55N.— F237[…] ]

Annotations

Amendments:

F236
Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

F237
Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1), (2), (7), sch. 2 part 1 item 19, S.I. No. 410 of 2015.

Section 55O
F238[Enforcement of determinations of Labour Court.

55O.— F239[…] ]

Annotations

Amendments:

F238
Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

F239
Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1), sch. 2 part 1 item 19, commenced as per subs. (7) and S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

Section 55P
F240[Evidence of failure to attend before or give evidence or produce documents to Labour Court.

55P.— F241[…] ]

Annotations

Amendments:

F240
Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

F241
Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1), sch. 2 part 1 item 19, commenced as per subs. (7) and S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

Section 55Q
F242[

Interpretation of ‘penalise’.

55Q.— (1) In this Part, “penalise” includes any act or omission by an employer or a person acting on behalf of an employer that affects an employee to his or her detriment with respect to any term or condition of his or her employment and which is consequent upon a protected disclosure by the employee.

(2) For the purposes of subsection (1) but without prejudice to its generality, penalisation includes—

(a) suspension, lay-off or dismissal (including a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2005), or the threat of suspension, lay-off or dismissal,

(b) demotion or loss of opportunity for promotion,

(d) imposition of any discipline, reprimand or other penalty (including a financial penalty),

(e) coercion, intimidation or harassment,

(f) injury, damage or loss, and

(g) threats of reprisal.

(3) Paragraph (c) of subsection (2) shall not be construed in a manner which prevents an employer from ensuring that the business of the body concerned is carried on in an efficient and effective manner.]

Annotations

Amendments:

F242
Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Section 55R
F243[

Continuity of employer’s business.

55R.— References in this Part to an employer shall be construed, in a case where ownership of the business of the employer changes after the contravention to which the complaint relates occurred, as references to the person who, by virtue of the change, becomes entitled to ownership of the business.]

Annotations

Amendments:

F243
Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

Section 55S
F244[

Making false reports.

55S.— (1) A person who makes a disclosure which the person knows or reasonably ought to know to be false is guilty of an offence.

F245[(1A) This section does not apply where the disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]

(2) F246[…]

(3) F246[…]

(4) F246[…]]

Annotations

Amendments:

F244
Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

F245
Inserted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 24(1), sch. 4 part 1 item 6, S.I. No. 327 of 2014.

F246
Deleted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 27, S.I. No. 283 of 2019.

Section 55T
F247[Saver.

55T.— This Part is without prejudice to the provisions of the Protections for Persons Reporting Child Abuse Act 1998.]

Annotations

Amendments:

F247
Inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.

PART 10

Dissolution of Certain Health Bodies and the Transfer of their Functions and Employees, etc., to the Executive

Section 56

Definitions (Part 10).

56.— In this Part “specified body” means—

(a) the health boards,

(b) the Eastern Regional Health Authority,

(d) the Hospital Bodies Administrative Bureau,

(e) the Health Boards Executive,

(f) the General Medical Services (Payments) Board,

(g) the Health Service Employers Agency, and

(h) the Interim Health Service Executive.

Section 57

Dissolution of Comhairle na nOspidéal and transfer of its functions.

57.— (1) Comhairle na nOspidéal is, by this Act, dissolved on the establishment day.

(2) The functions that are specified in section 41(1)(b)(i) and (ii) of the Health Act 1970 and that, immediately before the establishment day, were the functions of Comhairle na nOspidéal are, by this Act, transferred to the Executive on that day.

(3) Despite the repeal of section 41 of the Health Act 1970 by this Act, subsection (1)(c) of that section (duty to consult with colleges) applies to the Executive in relation to the function that is specified in subsection (1)(b) of that section and is transferred to the Executive.

(4) In this section and section 67 “Comhairle na nOspidéal” means the body of that name established under section 41 of the Health Act 1970.

Section 58

Dissolution of health boards and other specified bodies.

58.— The specified bodies are, by this Act, dissolved on the establishment day.

Section 59

Transfer of functions of specified bodies to Executive.

59.— (1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in Schedule 3, or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

(4) This section does not apply in relation to the functions of the Hospital Bodies Administrative Bureau.

Section 60

Transfer of employees of specified bodies to Executive.

60.— (1) Each person who, immediately before the establishment day, was an employee of a specified body is, on that day, transferred to and becomes an employee of the Executive.

(2) Except in accordance with a collective agreement negotiated with a recognised trade union or association of employees, a person transferred under this section is entitled, while in the employment of the Executive, to terms and conditions of employment no less favourable than those to which the person was entitled immediately before the establishment day.

(3) Until the terms and conditions of employment to which a person transferred under this section was entitled immediately before the establishment day are varied by the Executive after consulting and reaching a collective agreement with the recognised trade union or association of employees concerned, they continue to apply to that person while in the employment of the Executive.

(4) The previous service of a person transferred under this section is to be counted as service for the purposes of, but subject to any exceptions or exclusions in, the following Acts:

(a) the Redundancy Payments Acts 1967 to 2003;

(b) the Protection of Employees (Part-Time Work) Act 2001;

(d) the Organisation of Working Time Act 1997;

(e) the Minimum Notice and Terms of Employment Acts 1973 to 2001;

(f) the Unfair Dismissals Acts 1977 to 2001;

(g) the Maternity Protection Act 1994;

(h) the Parental Leave Act 1998;

(i) the Adoptive Leave Act 1995;

(j) the Carer’s Leave Act 2001.

(5) Any superannuation benefits awarded to or in respect of a person transferred under this section and the terms relating to those benefits shall be no less favourable than those applicable to or in respect of that person immediately before the establishment day.

(6) If, in the period beginning on the establishment day and ending immediately before the commencement of a superannuation scheme under section 23 , a superannuation benefit becomes payable to or in respect of a person transferred under this section—

(a) the Executive shall calculate the benefit in accordance with such superannuation scheme, or such enactments in relation to superannuation, as applied to the person immediately before the establishment day,

(b) the person’s pensionable service with the Executive shall, for the purpose of calculating the benefit, be aggregated with the person’s previous pensionable service, and

(7) In this section—

“previous service” means service before the applicable transfer day with a specified body;

“recognised trade union or association of employees” means a trade union or association of employees recognised by the Executive for the purposes of negotiations that are concerned with the terms and conditions of employment and the working conditions of employees;

“terms and conditions of employment” includes terms and conditions in respect of tenure of office, remuneration and related matters.

Section 61

Transfer of pension liabilities relating to former employees of specified bodies.

61.— (1) The pension payments and other superannuation liabilities of each specified body in respect of its former employees become on the establishment day the liabilities of the Executive.

(2) Subsection (1) is not to be taken to limit the generality of section 62(3) or (4).

Section 62

Transfer of property and liabilities to Executive.

62.— (1) On the establishment day, all land that, immediately before that day, was vested in a specified body and all rights, powers and privileges relating to or connected with that land are, without any conveyance or assignment, transferred to and vested in the Executive.

(2) On the establishment day, all property other than land (including choses-in-action) that, immediately before that day, was the property of a specified body is transferred to and vested in the Executive without any assignment.

(3) All rights and liabilities of a specified body arising by virtue of any contract or commitment (express or implied) entered into by that body before the establishment day are on that day transferred to the Executive.

(4) Each right and liability transferred under subsection (3) may on or after its transfer be sued on, recovered or enforced by or against the Executive in its own name and it shall not be necessary for the Executive to give notice of the transfer to the person whose right or liability is transferred.

Section 63

Preservation of contracts, etc., and adaptation of references.

63.— Every contract, agreement or arrangement made between a specified body and any other person and in force immediately before the establishment day—

(a) continues in force on and after that day,

(b) is to be read and have effect as if the name of the Executive were substituted in the contract, agreement or arrangement for that of the specified body, and

Section 64

Pending legal proceedings.

64.— (1) If, immediately before the establishment day, any legal proceedings to which a specified body or Comhairle na nOspidéal is a party are pending in any court or tribunal, the Executive’s name shall be substituted in the proceedings for the name of the specified body or Comhairle na nOspidéal and the proceedings shall not abate because of the substitution.

(2) Subsection (1) applies with the necessary modifications in relation to any legal proceedings to which, immediately before the establishment day, any of the following officers is, in his or her official capacity, a party:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

(3) Any reference to a specified body or Comhairle na nOspidéal in an order made by a court before the establishment day shall, on the establishment day, be construed as a reference to the Executive.

Section 65

Preservation of orders, notices, rules, records, etc.

65.— (1) Any resolution passed, order made or notice served by a specified body before the establishment day the operation, effect or term of which has not ceased or expired immediately before that day continues in force on and after that day, and has effect as if it were a resolution passed, an order made or a notice served by the Executive.

(2) Any rule or regulation made by a specified body that was in force immediately before the establishment day continues in force on and after that day, and has effect as if it were a rule or regulation made by the Executive.

(3) Each rule or regulation continued in force under subsection (2) may be varied or revoked, and penalties and forfeitures arising under the rule or regulation may be recovered and enforced by the Executive.

(4) Each record held by a specified body immediately before the establishment day is on that day transferred to the Executive and is, on and from that day, deemed to be held by the Executive.

Section 66

References to specified bodies.

66.— Subject to this Act, references (however expressed) to a specified body in any Act passed before the establishment day, or in any instrument made before that day under an Act, are to be read as references to the Executive, unless the context otherwise requires.

Section 67

Functional areas of dissolved health boards.

67.— (1) An area that before the establishment day was a functional area of—

(a) a health board,

(b) the Eastern Regional Health Authority, or

becomes on that day a functional area of the Executive with the same geographical boundaries as it had before that day.

(2) References (however expressed) in any enactment referred to in Schedule 3 to a functional area of a health board, the Eastern Regional Health Authority or an Area Health Board are on and after the establishment day to be read as references to—

(a) the corresponding functional area of the Executive or that area as redefined in accordance with this section, or

(b) if the context so requires, the area comprising all of the corresponding functional areas of the Executive or comprising all of those areas as redefined in accordance with this section.

(3) Subject to subsection (4) and section 15(2)(a) of the Civil Registration Act 2004, the Executive may, by notice published in Iris Oifigiúil, redefine for any purpose specified by it in the notice the geographical boundaries of a functional area of the Executive.

(4) If the Executive proposes to redefine the geographical boundaries of a functional area for the purpose of any function that is the subject of an agreement under section 8 with a public authority, the Executive shall consult that public authority before redefining those boundaries.

Section 68
References to chief executives of dissolved health boards.

68.— F248[…]

Annotations

Amendments:

F248
Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transtional provision in s. 23.

Section 69
References to deputy chief executives of dissolved health boards.

69.— F249[…]

Annotations

Amendments:

F249
Repealed (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 3, S.I. No. 275 of 2013, subject to transitional provision in s. 23.

Section 70
Dissolution of bodies established under Health (Corporate Bodies) Act 1961.

70.— F250[…]

Annotations

Amendments:

F250
Repealed (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 4, commenced on enactment.

Section 71

Final accounts of specified bodies and other dissolved bodies.

71.— (1) The Executive shall prepare, in accordance with the accounting standards specified by the Minister for the purposes of section 36(3) and in respect of the period specified under subsection (3) of this section, final accounts of each body dissolved under section 58 or in accordance with an order under section 70 .

(2) The Executive shall submit the final accounts to the Comptroller and Auditor General for audit not later than 3 months after—

(a) the establishment day, in the case of a body dissolved under section 58 , or

(b) the dissolution of the body, in the case of a body dissolved in accordance with an order under section 70 .

(3) For the purpose of subsection (1), the Minister may specify a period that is longer or shorter than a financial year of the body concerned.

(4) Despite the repeal of section 6 of the Comptroller and Auditor General (Amendment) Act 1993, that section continues, subject to subsections (1) and (2) of this section, to apply in relation to the final accounts of the Eastern Regional Health Authority and a health board.

(5) Despite the repeal of section 18 of the Health (Amendment) (No. 3) Act 1996, that section continues, subject to subsections (1) and (2) of this section, to apply in relation to the final accounts of the Eastern Regional Health Authority and the Area Health Boards.

Section 72
Executive to prepare final annual report for specified bodies and other dissolved bodies.

72.— (1) The Executive shall prepare the final annual report for each body dissolved under section 58 or in accordance with an order under section 70 and submit the report to the Minister not later than—

(a) 6 months after the establishment day of the Executive, in the case of a body dissolved under section 58 , or

(b) as soon as practicable after the dissolution of the body, in the case of a body dissolved in accordance with an order under section 70 .

(2) Subsections (4) and (5) of section 37 apply with the necessary modifications in relation to an annual report prepared under this section.

PART 11

Repeals, Transitional Provisions and Amendment of Other Acts

Section 73
Repeals and revocations.

73.— (1) Each Act specified in the second column of Part 1 of Schedule 4 is repealed to the extent specified in the third column, but the repeal does not affect any notice or certificate given under the repealed Act and such notice or certificate has effect as if given under this Act.

(2) Each order specified in the second column of Part 2 of Schedule 4 is revoked to the extent specified in the third column.

(3) Each order, regulation and rule that was made under a provision of an enactment repealed or revoked by this Act and that was in force immediately before such repeal or revocation continues in force under the corresponding provision, if any, of this Act, subject to such adaptations and modifications as the Minister may, by regulation, make for the purpose of bringing any such order, regulation or rule into conformity with this Act.

Section 74
Savings and transitional provisions.

74.— The savings and transitional provisions in Schedule 5 have effect.

Section 75
Amendment of other Acts.

75.— The Acts specified in Schedules 6 and 7 are amended as indicated in those Schedules.

Annotations

Editorial Notes:

E53
Previous affecting provision: power pursuant to section exercised (1.01.2005) by National Breast Screening Board (Establishment) Order 2004 (S.I. No. 891 of 2004), in effect as per art. 2; revoked (1.01.2007) by National Cancer Screening Service Board (Establishment) Order 2006 (S.I. No. 632 of 2006), art. 8, in effect as per art. 2.

PART 12

Miscellaneous Provisions

Section 76
]

Effect of delegation and subdelegation of functions.

F251[76.— (1) If a function of the Executive is delegated by the Board to the chief executive officer under section 16P(4), references in a provision of this Act or any other enactment that assign that function to the Executive or that regulate the manner in which the function is to be performed are to be construed as including references to the chief executive officer.

(2) If a function of the chief executive officer under section 21C is delegated by him or her to an employee of the Executive under section 21D(1)(a)(i) or is subdelegated by an employee authorised to do so under section 21D(1)(a)(ii), references in any provision of this Act or any other enactment that regulates the manner in which that function is to be performed are to be construed as including references to the employee to whom the function is delegated or subdelegated.

(3) If a function is delegated under section 16P(4) or section 21D or subdelegated under section 21D, the delegation or subdelegation is to be taken to include the delegation or subdelegation of any duty or power incidental to or connected with that function.

(4) An act or thing done by the chief executive officer pursuant to a delegation by the Board under section 16P(4) has the same force and effect as if done by the Board.

(5) An act or thing done by an employee of the Executive pursuant to a delegation or subdelegation under section 21D has the same force and effect as if done by the chief executive officer.

(6) The revocation of a delegation by the Board or the chief executive officer does not affect a subdelegation authorised under section 21D, unless the Board or chief executive officer, as the case may be, otherwise directs.

(7) A delegation or subdelegation of a function does not cease to have effect solely because the person who delegated or subdelegated the function or authorised its subdelegation no longer holds the position that the person held when the function was delegated, subdelegated or authorised to be subdelegated.]

Annotations

Amendments:

F251
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 28, S.I. No. 283 of 2019.

Editorial Notes:

E54
Previous affecting provision: section substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 19, S.I. No. 275 of 2013; section substituted as per F-note above.

Section 77
F252[Certificate evidence concerning delegation of functions.

77.— (1) In any legal proceedings, a certificate that—

(a) states that a specified function of the Executive was on a specified day delegated to the F253[chief executive officer],

(b) states that the delegation of the function concerned remained in force on a specified day, and

F253[(c) is signed by the chairperson,]

shall, unless the contrary is proved, be evidence of the matters stated in the certificate.

(2) In any legal proceedings, a certificate that—

(a) states that a specified function was on a specified day delegated or subdelegated to an employee of the Executive,

(b) states that the delegation or subdelegation of the function concerned remained in force on a specified day,

F253[(d) is signed by the chief executive officer or an employee of the Executive who has subdelegated a specified function of the Executive delegated or subdelegated to him or her under section 21D,]

shall, unless the contrary is proved, be evidence of the matters stated in the certificate.

(3) A certificate referred to in subsection (1) or (2) that appears to be signed by F253[the chairperson, the chief executive officer or] the employee concerned, as the case may be, shall be admissible in any proceedings as evidence of the matters stated in the certificate without proof of his or her signature.]

Annotations

Amendments:

F252
Substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 20, S.I. No. 275 of 2013.

F253
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 29(a)(i), (a)(ii), (b), (c), S.I. No. 283 of 2019.

Section 78
]

General power to make regulations and orders.

78.— (1) The Minister may make regulations—

(a) for any purpose in relation to which regulations are provided for in this Act,

(b) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed, and

(2) A regulation under this section may contain such consequential, supplementary and ancillary provisions as the Minister considers necessary or expedient.

(3) The Minister may—

(a) make orders for any matter in relation to which orders are provided for in this Act, and

(b) amend or revoke any such order (other than an order under section 3 or 4).

F254[(4) Subject to section 64 of the Health (Miscellaneous Provisions) Act 2022, the Government may by order, on the request of the Minister or the Minister for Children, Equality, Disability, Integration and Youth, make provision in relation to the processes and procedures by which the functions of the Minister or the Minister for Children, Equality, Disability, Integration and Youth are performed under this Act or transferred (whether before or after the commencement of section 46 of the Health (Miscellaneous Provisions) Act 2022) by an order under section 6 (1) of the Ministers and Secretaries (Amendment) Act 1939.]

Annotations

Amendments:

F254
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 46, S.I. No. 666 of 2022.

Editorial Notes:

E55
Power pursuant to section exercised (4.12.2018) by Health Act 2004 (Complaints) (Amendment) Regulations 2018 (S.I. No. 519 of 2018).

E56
Power pursuant to section exercised (1.01.2007) by Health Act 2004 (Complaints) Regulations 2006 (S.I. No. 652 of 2006), in effect as per reg. 1(2).

E57
Power pursuant to section exercised (12.12.2005) by Health Act 2004 (Dealings with members of either House of the Oireachtas) Regulations 2005 (S.I. No. 798 of 2005).

E58
Power pursuant to section exercised (12.12.2005) by Health Act 2004 (Regional Health Forums) Regulations 2005 (S.I. No. 797 of 2005).

Section 79
Regulations relating to members of either House of Oireachtas.

79.— (1) The Executive shall conduct its dealings with members of either House of the Oireachtas in accordance with regulations under subsection (2).

(2) The Minister may make regulations for the purposes of subsection (1) including regulations relating to—

(a) the supply by the Executive of specified documents or specified information to members of either House,

(b) correspondence by the Executive with those members, and

(3) Nothing in this section or in any regulations under this section is to be taken to require the Executive to disclose confidential information or information that it is otherwise precluded by law from disclosing.

(4) In this section—

“confidential information” has the same meaning as in F255[section 26(4)];

“dealing”, in relation to a member of either House of the Oireachtas, means any dealing with the member in his or her capacity as such a member.

Annotations

Amendments:

F255
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 30, S.I. No. 283 of 2019.

Editorial Notes:

E59
Power pursuant to section exercised (12.12.2005) by Health Act 2004 (Dealings with members of either House of the Oireachtas) Regulations 2005 (S.I. No. 798 of 2005).

Section 80

Laying of regulations and orders before Houses of Oireachtas.

80.— (1) The Minister shall ensure that every regulation and every order made by the Minister under this Act (other than an order under section 3 or 4) is laid before each House of the Oireachtas as soon as practicable after it is made.

(2) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which a regulation or order is laid before it under this section, annul the regulation or order.

(3) The annulment of a regulation or order under subsection (2) takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the regulation or order before the passing of that resolution.

F256[(4) Every order under subsection (4) of section 78 shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.]

Annotations

Amendments:

F256
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 47, S.I. No. 666 of 2022.

Section 81
F257[Savers

81.— (1) Subsection (2) applies where the Executive commenced but did not complete before the relevant date—

(a) the performance of a function under this Act or any other enactment, or

(b) the taking of an action or the doing of a thing for the purposes of this Act or any other enactment.

(2) The Board may, on or after the relevant date, complete—

(a) the performance of that function, or

(b) the taking of that action or the doing of that thing,

to the extent that to do so is not inconsistent with, in the case of paragraph (a), the Board’s functions under this Act or any other enactment and, in the case of paragraph (b), the actions that the Board may take or the things that the Board may do for the purposes of this Act or any other enactment.

(3) Subsection (4) applies where the Director General commenced but did not complete before the relevant date—

(a) the performance of a function under this Act or any other enactment other than an excluded function, or

(b) the taking of an action or the doing of a thing for the purposes of this Act or any other enactment other than an excluded action or thing.

(4) The chief executive officer may, on or after the relevant date, complete—

(a) the performance of that function, or

(b) the taking of that action or the doing of that thing,

to the extent that to do so is not inconsistent with, in the case of paragraph (a), the officer’s functions under this Act or any other enactment and, in the case of paragraph (b), the actions that the officer may take or the things that the officer may do for the purposes of this Act or any other enactment.

(5) Subject to subsection (6), a relevant delegation or relevant subdelegation shall, subject to its terms, continue to have effect on and after the relevant date.

(6) The chief executive officer may vary or revoke a relevant delegation or relevant subdelegation made by the Director General.

(7) In this section—

“excluded action or thing”, in relation to the Director General, means an action taken, or a thing done, by the Director General for the purpose of this Act or any other enactment in his or her capacity as a member of the Directorate or as the chairperson of the Directorate;

“excluded function”, in relation to the Director General, means a function of the Director General in his or her capacity as a member of the Directorate or as the chairperson of the Directorate;

“relevant date” means the date of commencement of section 31 of the Health Service Executive (Governance) Act 2019;

“relevant delegation” means a delegation made in accordance with this Act before the relevant date and which was in force immediately before that date;

“relevant subdelegation” means a subdelegation made in accordance with this Act before the relevant date and which was in force immediately before that date.]

Annotations

Amendments:

F257
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 31, S.I. No. 283 of 2019.

Section 82
F258[Offences

82.— (1) A person guilty of an offence under this Act shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 3 years or both.

(2) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.]

Annotations

Amendments:

F258
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 31, S.I. No. 283 of 2019. A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

Section 83
F259[

References to Board and chief executive officer

83.— Unless the context otherwise requires—

(a) a reference to the Board which was, before the commencement of section 3 (b) of the Health Service Executive (Governance) Act 2019, construed, by virtue of section 22 of the Health Service Executive (Governance) Act 2013, as a reference to the Directorate shall, on and after that commencement, be construed as a reference to the Board, and

(b) a reference to the chief executive officer which was, before the commencement of the said section 3 (b), construed, by virtue of such section 22, as a reference to the Director General shall, on and after that commencement, be construed as a reference to the chief executive officer.]

Annotations

Amendments:

F259
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 31, S.I. No. 283 of 2019.

Schedule 1
SCHEDULE 1

Acts Referred to in Definition of Health and Personal Social Services

Section 2 .

1. Health Acts 1947 to 2001

2. Public Health (Tobacco) Acts 2002 and 2004

3. Mental Health Acts 1945 to 2001

4. Births and Deaths Registration Acts 1863 to 1996

5. Notification of Births Acts 1907 and 1915

6. Marriages (Ireland) Act 1844

7. Registration of Marriages (Ireland) Act 1863

8. Civil Registration Act 2004

9. Adoption Acts 1952 to 1998

10. Protections for Persons Reporting Child Abuse Act 1998

11. Child Care Acts 1991 and 2001

12. Children Acts 1908 and 1989

13. Poisons Act 1961

14. Registration of Maternity Homes Act 1934

15. Rats and Mice (Destruction) Act 1919

16. Blind Persons Act 1920

17. State Lands (Workhouses) Act 1930

18. State Lands (Workhouses) Act 1962

19. Social Welfare Acts

20. Family Law (Maintenance of Spouses and Children) Act 1976

21. European Communities Act 1972

22. International Carriage of Perishable Foodstuffs Act 1987

23. Domestic Violence Acts 1996 and 2002

24. Refugee Act 1996

25. Children Act 1997

26. Food Safety Authority of Ireland Act 1998

27. Immigration Act 1999

28. Education (Welfare) Act 2000

29. Children Act 2001 53

30. Protection of the Environment Act 2003

31. Licensing of Indoor Events Act 2003

32. Immigration Act 2003

33. Education for Persons with Special Educational Needs Act 2004

34. Residential Tenancies Act 2004

35. Any other Act that is prescribed by the Minister for the purposes of the definition of “health and personal social services” in section 2 .

Schedule 2
SCHEDULE 2

Miscellaneous Provisions Relating to the Executive and the Board

Sections 6(3) and 11(6) .

Seal of Executive

1. (1) The Executive shall provide itself with a seal as soon as practicable after the establishment day.

F260[(2) The seal of the Executive must be authenticated—

(a) by the signature of 2 members of the Board, or

(b) by the signature of both—

(i) a member of the Board, and

(ii) an employee of the Executive authorised by the Board to authenticate the seal.]

(3) Judicial notice shall be taken of the seal of the Executive.

(4) Each instrument purporting to be made by the Executive and to be sealed with its seal (purporting to be authenticated in accordance with subparagraph (2)) is admissible in evidence and is deemed, in the absence of evidence to the contrary, to be such instrument.

Term of office of chairperson and other appointed members of Board

2. F261[…]

F262[Meetings of Board

2A. (1) The Minister, in consultation with the chairperson, shall fix the date, time and place of the first meeting of the Board.

(2) The Board shall hold such and so many meetings as may be necessary for the due fulfilment of its functions, but in each year shall hold not fewer than one meeting in each of 11 months of that year.

(3) The chairperson may at any reasonable time call a meeting of the Board.

(4) Any 8 or more members may call a meeting of the Board if the chairperson—

(a) refuses to call a meeting after being presented with a requisition for that purpose signed by not fewer than 8 members, or

(b) without refusing to call a meeting, does not call one within 7 days after being presented with such requisition.

(5) The members present at a meeting called under subparagraph (4) shall choose one of their number to chair the meeting.]

F262[Quorum and procedures

2B. (1) The quorum for a meeting of the Board shall be F263[7 members] of the Board and—

(a) subject to paragraph (b), the chairperson, deputy chairperson or other member chosen in accordance with subparagraph (2)(c) to be the chairperson of the meeting, or

(b) for such a meeting called in accordance with paragraph 2A(4), the member chosen under paragraph 2A(5) to chair the meeting.

(2) Subject to paragraph 2A(5), at a meeting of the Board—

(a) the chairperson shall, if present, be the chairperson of the meeting,

(b) if and so long as the chairperson is not present or if the office of chairperson is vacant, the deputy chairperson shall, if present, be the chairperson of the meeting, or

(c) if and so long as the chairperson is not present or the office of chairperson is vacant and the deputy chairperson is not present or the office of deputy chairperson is vacant, the other members of the Board who are present shall choose one of their number to be chairperson of the meeting.

(3) Every question at a meeting of the Board shall be determined by a majority of the votes of the members of the Board present and voting on the question, and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

(4) Subject to subparagraph (1), the Board may act notwithstanding one or more vacancies among its members.

(5) Subject to the provisions of this Act, the Board shall regulate its procedure by rules or otherwise.]

Resignations and casual vacancies

3. F261[…]

Meetings of Board

4. F261[…]

Quorum and procedures

5. F261[…]

Annotations

Amendments:

F260
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 32(a), S.I. No. 283 of 2019.

F261
Deleted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 21(b), S.I. No. 275 of 2013.

F262
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 32(b), S.I. No. 283 of 2019.

F263
Substituted (1.07.2022) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 48, S.I. No. 326 of 2022.

Editorial Notes:

E60
Previous affecting provision: para. 1, sub. para. 2 substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 21(a), S.I. No. 275 of 2013; substituted as per F-note above.

Schedule 3
F264[SCHEDULE 2A

Bodies and office-holders referred to in Part 9A as Scheduled Bodies

Adoption Board

Chief Inspector

Comptroller and Auditor General

Health Information and Quality Authority

Inspector of Mental Health Services

Irish Medicines Board

Mental Health Commission]

Annotations

Amendments:

F264
Inserted (1.03.2009 and 1.08.2009) by Health Act 2007 (23/2007), s. 103(2)(b), S.I. No. 27 of 2009 and S.I. No. 268 of 2009.

Schedule 4
SCHEDULE 3

Transfer of Functions and References to Functional Areas

Section 59 and 67.

1. Health Acts 1947 to 2001

2. Public Health (Tobacco) Acts 2002 and 2004

3. Mental Health Acts 1945 to 2001

4. Births and Deaths Registration Acts 1863 to 1996

5. Notification of Births Acts 1907 and 1915

6. Marriages (Ireland) Act 1844

7. Registration of Marriages (Ireland) Act 1863

8. Protections for Persons Reporting Child Abuse Act 1998

9. Child Care Acts 1991 and 2001

10. Children Acts 1908 and 1989

11. Poisons Act 1961

12. Registration of Maternity Homes Act 1934

13. Rats and Mice (Destruction) Act 1919

14. Blind Persons Act 1920

15. State Lands (Workhouses) Act 1930

16. State Lands (Workhouses) Act 1962

17. Social Welfare Acts

18. Family Law (Maintenance of Spouses and Children) Act 1976

19. European Communities Act 1972

20. International Carriage of Perishable Foodstuffs Act 1987

21. Domestic Violence Acts 1996 and 2002

22. Refugee Act 1996

23. Children Act 1997

24. Food Safety Authority of Ireland Act 1998

25. Immigration Act 1999

26. Education (Welfare) Act 2000

27. Children Act 2001

28. Protection of the Environment Act 2003

29. Licensing of Indoor Events Act 2003

30. Immigration Act 2003

31. Education for Persons with Special Educational Needs Act 2004

32. Residential Tenancies Act 2004

33. Child Abduction and Enforcement of Custody Orders Act 1991

34. Protection of Children (Hague Convention) Act 2000

35. Nurses Act 1985

36. Dentists Act 1985

37. Medical Practitioners Acts 1978 to 2002

38. National Beef Assurance Scheme Act 2000

39. Irish Medicines Board Act 1995

40. Misuse of Drugs Acts 1977 and 1984

41. Freedom of Information Acts 1997 and 2003

42. Data Protection Acts 1988 and 2003

43. Housing Acts 1966 to 2002

44. Ombudsman Acts 1980 to 1984

45. Ombudsman for Children Act 2002

46. Finance Acts 1989 to 2002

47. Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997

48. Family Law (Miscellaneous Provisions) Act 1997

49. Family Law Act 1995

50. Redundancy Payments Acts 1967 to 2003

51. Protection of Employees (Part-Time Work) Act 2001

52. Protection of Employees (Fixed-Term Work) Act 2003

53. Organisation of Working Time Act 1997

54. Minimum Notice and Terms of Employment Acts 1973 to 2001

55. Unfair Dismissals Acts 1977 to 2001

56. Maternity Protection Act 1994

57. Carer’s Leave Act 2001

58. Parental Leave Act 1998

59. Adoptive Leave Act 1995

60. Youth Work Act 2001

61. Local Government Act 2001 59

62. National Development Finance Agency Act 2002

63. Adoption Acts 1952 to 1998

64. Civil Registration Act 2004

65. Any other enactment prescribed by the Minister for the purpose of sections 59 and 67 and paragraph 2 of Schedule 5.