HSE Service Delivery

Table of Contents

HEALTH ACT 2004

PART 7

Accountability

Section 28

Interpretation.

28.— F108[(1) In this Part—

“approved capital plan” means a capital plan approved by the Minister F109[and, in respect of any specialist community-based disability services, the Minister for Children, Equality, Disability, Integration and Youth] under section 31 as read with section 33B(4) ;

“approved corporate plan” means a corporate plan approved by the Minister F109[and, in respect of any specialist community-based disability services, the Minister for Children, Equality, Disability, Integration and Youth] under section 29;

F110[“approved service plan” means—

(a) a service plan approved by the Minister and, in respect of any specialist community-based disability services, the Minister for Children, Equality, Disability, Integration and Youth, under section 31, or

(b) an amended service plan that is approved or deemed to have been approved by the Minister and, in respect of any specialist community-based disability services, the Minister for Children, Equality, Disability, Integration and Youth, under section 32;]

“capital expenditure” means expenditure to acquire a fixed asset or to significantly extend the life of an existing fixed asset;

“capital plan” means a plan the purpose of which is to acquire a fixed asset or to significantly extend the life of an existing fixed asset;

F111[…]

“financial year” means a period of 12 months ending on 31 December in any year;

“income”, in relation to the Executive, means all of the income of the Executive for a financial year other than any grant made to the Executive for that year under section 33A;

“net expenditure”, in relation to the Executive and a financial year or part of a financial year, means the expenditure of the Executive for that financial year or part of a financial year, as the case may be, less the income of the Executive for that financial year or part of a financial year, as the case may be;

“net non-capital expenditure”, in relation to the Executive and a financial year or part of a financial year, means the non-capital expenditure of the Executive for that financial year or part of a financial year, as the case may be, less the non-capital income of the Executive for that financial year or part of a financial year, as the case may be;

“non-capital expenditure” means expenditure other than capital expenditure;

“non-capital income”, in relation to the Executive and a financial year or part of a financial year, means the income of the Executive for that financial year or part of a financial year, as the case may be, other than income received by the Executive for the disposal of a fixed asset;

F110[“section 30A(1) determination” means a determination made by the Minister under section 30A(1); ]]

F112[“section 30B(1) determination” means a determination made by the Minister for Children, Equality, Disability, Integration and Youth under section 30B(1).]

(2) References in section 31 , 33 or 38 to health and personal social services or to a health or personal social service do not include any service provided under the Social Welfare Acts.

Annotations

Amendments:

F108
Substituted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 6, commenced on enactment.

F109
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 20(a), (b), S.I. No. 666 of 2022.

F110
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 20(c), (d), S.I. No. 666 of 2022.

F111
Deleted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 16, S.I. No. 283 of 2019.

F112
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 20(d), S.I. No. 666 of 2022.

Section 29

Executive to prepare and submit corporate plan for Minister’s approval.

29.— (1) The Executive shall, in accordance with this section, prepare, adopt and, at the times specified in subsection (2), submit to the Minister F113[, and the Minister for Children, Equality, Disability, Integration and Youth,] for approval a corporate plan for the 3 year period following the date of its submission.

(2) A corporate plan must be submitted at the following times:

(a) within 6 months after the establishment day;

(b) within 6 months after the appointment of a new Minister having charge of the Department of Health and Children, if that Minister requests that a corporate plan be submitted;

(3) The corporate plan must be prepared in a form and manner in accordance with any directions issued by the Minister F113[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] and must specify—

(a) the key objectives of the Executive for the 3 year period concerned and the strategies for achieving those objectives,

(b) the manner in which the Executive proposes to measure its achievement of those objectives, and

F114[(4) In preparing the corporate plan, the Executive shall have regard to the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or any Minister of the Government to the extent that those policies may affect or relate to the functions of the Executive.]

F115[(5) Within 3 months after receiving a corporate plan, after consultation between the Minister and the Minister for Children, Equality, Disability, Integration and Youth—

(a) (i) the Minister shall, other than in so far as the plan relates to the performance by the Executive of specialist community-based disability functions, approve the plan, and

(ii) the Minister for Children, Equality, Disability, Integration and Youth shall, in so far as the plan relates to the performance by the Executive of its specialist community-based disability services functions, approve the plan,

(b) if the plan is not amended in accordance with any directions that may be issued by the Minister or, in so far as the plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth—

(i) the Minister shall, in relation to that part of the plan referred to in paragraph (a)(i), refuse to approve the plan, and

(ii) the Minister for Children, Equality, Disability, Integration and Youth shall, in relation to that part of the plan referred to in paragraph (a)(ii), refuse to approve the plan.

(6) An approved corporate plan may, after consultation between the Minister and the Minister for Children, Equality, Disability, Integration and Youth, be amended by the Minister or, in so far as the plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth at any time or may be amended by the Executive, but in the latter case only after—

(a) the Executive submits for approval the proposed amendment to the Minister or, in so far as the proposed amendment relates to the performance of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, and

(b) the amendment is approved by, as appropriate—

(i) the Minister after consultation with the Minister for Children, Equality, Disability, Integration and Youth, or

(ii) the Minister for Children, Equality, Disability, Integration and Youth after consultation with the Minister.]

(7) Subsections (4) and (5) apply with the necessary modifications in respect of an amendment by the Executive to an approved corporate plan.

(8) Nothing in a corporate plan is to be taken to prevent the Executive from, or to limit the Executive in, performing its functions.

Annotations

Amendments:

F113
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 21(a), (b), S.I. No. 666 of 2022.

F114
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 17, S.I. No. 283 of 2019.

F115
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 21(c), S.I. No. 666 of 2022.

Section 30

Publication and implementation of approved corporate plan.

30.— F116[(1) The Minister shall ensure that a copy of an approved corporate plan is laid before both Houses of the Oireachtas—

(a) within 21 days after the plan is approved by the Minister and the Minister for Children, Equality, Disability, Integration and Youth, and

(b) if the plan is amended under section 29(6) after being approved by the Minister and the Minister for Children, Equality, Disability, Integration and Youth, within 21 days after—

(i) in the case of an amendment made by the Minister or, in so far as the amendment relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, the making of the amendment, or

(ii) in the case of an amendment made by the Executive, the amendment is approved by the Minister or, in so far as the amendment relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth.]

(2) The Executive shall ensure that, as soon as practicable after copies of an approved corporate plan are laid before the Houses of the Oireachtas, the plan is published on the Internet or in accordance with such other arrangements as the Minister may specify.

(3) The Executive shall provide the Minister F117[and the Minister for Children, Equality, Disability, Integration and Youth] with progress reports on the implementation of an approved corporate plan—

(a) in its annual report, and

(b) in such other manner and at such intervals as the Minister F117[or, in so far as the plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth] may direct.

F116[(4) During the specified period, the Freedom of Information Acts 1997 and 2003 do not apply to a record containing—

(a) a corporate plan, or an amendment to such plan, that has not been approved by the Minister and the Minister for Children, Equality, Disability, Integration and Youth,

(b) a preliminary or other draft of all or part of the contents of a corporate plan or of an amendment to a corporate plan, or

(c) the unamended version of a corporate plan that is approved after being amended in accordance with a direction of the Minister or the Minister for Children, Equality, Disability, Integration and Youth.]

(5) For the purpose of subsection (4), the specified period is 5 years beginning on the date of the creation of the record.

Annotations

Amendments:

F116
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 22(a), (c), S.I. No. 666 of 2022.

F117
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 22(b)(i), (ii), S.I. No. 666 of 2022.

Section 30A
F118[Minister to determine net non-capital expenditure of Executive

30A.— (1) Subject to subsections (5) and (6), the Minister F119[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] shall determine the maximum amount of net non-capital expenditure that may be incurred by the Executive for—

(a) a financial year of the Executive, or

(b) if the Minister considers it appropriate to do so in any particular case, such part of a financial year of the Executive as may be specified in the relevant notification under this section.

(2) The Minister shall notify the Executive in writing of a section 30A(1) determination—

(a) if the period to which the determination relates is a financial year of the Executive or runs from the beginning of such year, not later than 21 days after the publication by the Government of the Estimates for Public Services (within the meaning of section 17(1) (inserted by section 1 of the Ministers and Secretaries (Amendment) Act 2013 ) of the Ministers and Secretaries (Amendment) Act 2011 ) for that financial year, and

(b) in any other case, not later than 21 days after making the determination.

(3) (a) The Minister may amend a section 30A(1) determination by varying the maximum amount of net non-capital expenditure that the Executive may incur for the financial year or part of the financial year to which the determination relates.

(b) A section 30A(1) determination amended under paragraph (a) shall apply and have effect as so amended.

(4) The Minister shall notify the Executive in writing of the amendment made under subsection (3) to a section 30A(1) determination not later than 21 days after making the amendment.

(5) The Minister shall not, in making a section 30A(1) determination for a financial year, or part of a financial year, take into account the effect (if any) of section 33(3) for that financial year, or part of a financial year, as the case may be.

(6) The Minister shall not, in the financial year 2014, make a section 30A(1) determination except in respect of—

(a) the financial year 2015, or

(b) part of the financial year 2015.]

Annotations

Amendments:

F118
Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 7, commenced on enactment.

F119
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 23, S.I. No. 666 of 2022.

Section 30B
F120[

Minister for Children, Equality, Disability, Integration and Youth to determine net non‑capital expenditure of Executive

30B.— (1) Subject to subsections (5) and (6), the Minister for Children, Equality, Disability, Integration and Youth, after consultation with the Minister, shall determine the maximum amount of net non-capital expenditure that may be incurred by the Executive in so far as it relates to the performance by the Executive of its specialist community-based disability services functions for—

(a) a financial year of the Executive, or

(b) if the Minister for Children, Equality, Disability, Integration and Youth considers it appropriate to do so in any particular case, such part of a financial year of the Executive as may be specified in the relevant notification under this section.

(2) The Minister for Children, Equality, Disability, Integration and Youth shall notify the Executive in writing of a section 30B(1) determination—

(a) if the period to which the determination relates is a financial year of the Executive or runs from the beginning of such year, not later than 21 days after the publication by the Government of the Estimates for Public Services (within the meaning of section 17(1)(inserted by section 1 of the Ministers and Secretaries (Amendment) Act 2013 ) of the Ministers and Secretaries (Amendment) Act 2011 ) for that financial year, and

(b) in any other case, not later than 21 days after making the determination.

(3) (a) The Minister for Children, Equality, Disability, Integration and Youth may amend a section 30B(1) determination by varying the maximum amount of net non-capital expenditure that the Executive may incur in so far as it relates to the performance by the Executive of its specialist community-based disability services functions for the financial year or part of the financial year to which the determination relates.

(b) A section 30B(1) determination amended under paragraph (a) shall apply and have effect as so amended.

(4) The Minister for Children, Equality, Disability, Integration and Youth shall notify the Executive in writing of the amendment made under subsection (3) to a section 30B(1) determination not later than 21 days after making the amendment.

(5) The Minister for Children, Equality, Disability, Integration and Youth shall not, in making a section 30B(1) determination for a financial year, or part of a financial year, take into account the effect (if any) of section 33(3) for that financial year, or part of a financial year, as the case may be.]

Annotations

Amendments:

F120
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 24, S.I. No. 666 of 2022.

Editorial Notes:

E21
The section heading is taken from the amending section in absence of one included in the amendment.

Section 31
F121[

Executive to prepare and submit service plan for Minister’s approval.

31.— F122[(1) Before the expiry of the specified period the Executive shall—

(a) prepare, in accordance with this section, a service plan for the financial year or such other period as may be determined by the Minister after consultation with the Minister for Children, Equality, Disability, Integration and Youth, and

(b) adopt the plan so prepared and submit it to the Minister and the Minister for Children, Equality, Disability, Integration and Youth for approval.]

F122[(2) For the purpose of this section, the specified period is—

(a) the period ending 21 days after the Executive receives the section 30A(1) determination or section 30B(1) determination concerned, or

(b) such other period as the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, may allow.]

(3) F122[The Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] may issue a direction to the Executive as respects the form and manner in which the service plan is to be prepared.

(4) A service plan shall be prepared in a form and manner which is consistent with any direction issued by the Minister under subsection (3) and shall—

(a) indicate the type and volume of health and personal social services to be provided by the Executive during the period to which the plan relates,

(b) indicate any capital plans proposed by the Executive,

F123[(ba) contain estimates of the income and expenditure of the Executive for the period to which the plan relates, and

(bb) be consistent with the section 30A(1) determination F124[or the section 30B(1) determination] for the period to which the plan relates,]

(c) contain estimates of the number of employees of the Executive for the period and the services to which the plan relates,

(d) contain estimates of the number of employees of service providers under section 38 engaged in the provision of such services and which relate to the period of the service plan and the services to which it relates,

(e) contain any other information specified by the Minister F124[or, in so far as the plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth],

(f) be consistent with any directions issued by the Minister under section 10 F124[or the Minister for Children, Equality, Disability, Integration and Youth under section 10C], and

F125[(g) accord with the policies (whether set out in codes, guidelines or other documents, or any combination thereof) and objectives of the Minister F124[or the Minister for Children, Equality, Disability, Integration and Youth] and the Government.]

(5) In preparing the service plan, the Executive shall have regard to—

(a) the approved corporate plan in operation at that time,

(b) any direction issued by the Minister under section 10 F124[or the Minister for Children, Equality, Disability, Integration and Youth under section 10C], and

F126[(6) If the Executive fails to submit a service plan to the Minister and the Minister for Children, Equality, Disability, Integration and Youth before the expiry of the specified period, the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, may, in writing, issue a direction, directing the Executive to prepare and submit a service plan to each such Minister not later than—

(a) 10 days after the date on which the Minister issues the direction to the Executive, or

(b) such earlier date as may be specified in the direction.]

F127[(6A) (a) Subject to paragraph (b), if the Executive fails to comply with a direction under subsection (6), the Minister, F128[after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] may, in writing, issue a direction, directing the chief executive officer to prepare and submit a service plan to F126[each such Minister] not later than—

(i) 10 days after the date on which the Minister issues the direction to the chief executive officer, or

(ii) such earlier date as may be specified in the direction.

(b) For the purposes of the chief executive officer preparing and submitting a service plan to the Minister F128[and the Minister for Children, Equality, Disability, Integration and Youth] in accordance with a direction issued under paragraph (a), references to the Executive in subsections (3), (5), (8) and (9) (other than in subsection (9)(d)) shall be read as including references to the chief executive officer.]

(7) A service plan submitted to the Minister F128[and the Minister for Children, Equality, Disability, Integration and Youth] by the F129[chief executive officer in compliance with subsection (6A)] shall be deemed to have been prepared, adopted and submitted by the Executive.

F130[(8) Not later than 21 days after receiving a service plan under this section, and after consultation between the Minister and the Minister for Children, Equality, Disability, Integration and Youth, the Minister and, in so far as the plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth shall—

(a) approve the service plan in the form in which it was submitted,

(b) approve the service plan with such amendments, having consulted with the Executive, and as appropriate—

(i) the Minister, having consulted with the Minister for Children, Equality, Disability, Integration and Youth may determine, or

(ii) the Minister for Children, Equality, Disability, Integration and Youth having consulted with the Minister for Health, may determine,

F131[(9) The Minister F132[or the Minister for Children, Equality, Disability, Integration and Youth, as appropriate,] may direct the Executive to amend a service plan submitted under this section if, in the opinion of the Minister F132[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth or, in so far as the service plan relates to the performance by the Executive of its specialist community‑based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, after consultation with the Minister,] the plan—

(a) does not contain any information required to be included in the service plan pursuant to subsection (4),

(b) does not in some other respect comply with subsection (4),

F129[(d) does not accord with the policies (whether set out in codes, guidelines or other documents, or any combination thereof) and objectives of the Minister F132[, the Minister for Children, Equality, Disability, Integration and Youth] or the Government to the extent to which those policies and objectives relate to the functions of the Executive and have been communicated in writing to the Executive prior to the commencement of the specified period.]]

(10) The Minister F132[or, in so far as the service plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth] may refuse to approve a service plan unless it is amended in accordance with a direction issued under subsection (9).

(11) The F129[chief executive officer] shall comply with a direction issued to him or her under this section.

(12) F133[…]

F134[(13) The Minister shall ensure that a copy of an approved service plan is laid before both Houses of the Oireachtas within 21 days after the plan is approved by the Minister and the Minister for Children, Equality, Disability, Integration and Youth.]

(14) The Executive shall ensure that, as soon as practicable after copies of an approved service plan are laid before the Houses of the Oireachtas, the plan is published on the Internet or in accordance with such other arrangements as the Minister may specify.]

F123[(15) Section 28(1) and this section, as in force immediately before the enactment of the Health Service Executive (Financial Matters) Act 2014, shall apply in relation to a service plan for the financial year 2014 and to a service plan for any part of that financial year and, accordingly, section 28(1) and this section, as in force immediately after such enactment, shall not apply in relation to any such service plan.]

Annotations

Amendments:

F121
Substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 12, S.I. No. 275 of 2013.

F122
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 25(a), (b), (c), S.I. No. 666 of 2022.

F123
Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 8(b), (d), commenced on enactment.

F124
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 25(d)(i)-(iv), (e), S.I. No. 666 of 2022.

F125
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 18(a), S.I. No. 283 of 2019.

F126
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 25(f), (g)(i)(II), S.I. No. 666 of 2022.

F127
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 18(c), S.I. No. 283 of 2019.

F128
Inserted (1.03.2023) by Health (Miscellaneous Provisions Act 2022 (6/2022), s. 25(g)(i)(I), (ii), (h), S.I. No. 666 of 2022.

F129
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 18(d), (e), (f), S.I. No. 283 of 2019.

F130
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 25(i), S.I. No. 666 of 2022.

F131
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 19 item 2(b), S.I. No. 502 of 2013.

F132
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 25(j)(i)-(iii), (k), S.I. No. 666 of 2022.

F133
Deleted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 8(c), commenced on enactment.

F134
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 25(l), S.I. No. 666 of 2022.

Editorial Notes:

E22
Previous affecting provision: subs. (6) substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 18(b), S.I. No. 283 of 2019; subsection substituted (1.03.2023) as per F-note above..

E23
Previous affecting provision: subs. 2(a) substituted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 8(a), commenced on enactment; subsection substituted (1.03.2023) as per F-note above.

E24
Previous affecting provision: subs. (8) substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 19 item 2(a), S.I. No. 502 of 2013; subsection substituted (1.03.2023) as per F-note above.

Section 32
F135[

Amendment of approved service plan.

32.— (1) After approving a service plan, the Minister F136[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth or, in so far as the plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, after consultation with the Minister,] may direct the Executive to submit an amended service plan and may specify in the direction the manner in which the plan is to be amended.

F137[(1A) Subject to subsection (1B), after amending a section 30A(1) determination, the Minister F136[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth or, in so far as the service plan relates to the performance by the Executive of its specialist community‑based disability services functions, after amending a section 30B(1) determination, the Minister for Children, Equality, Disability, Integration and Youth, after consultation with the Minister,] may—

(a) direct the Executive to amend, in such manner as the Minister F136[or the Minister for Children, Equality, Disability, Integration and Youth, as appropriate,] may specify in the direction, the approved service plan to which the determination relates, or

(b) direct the Executive to submit an amended service plan that complies with the amended determination.

(1B) The Minister shall not, in the financial year 2014, give a direction under subsection (1A) except in respect of—

(a) a service plan for the financial year 2015, or

(b) a service plan for part of the financial year 2015.]

(2) F138[Subject to subsection (4), the Executive] may amend an approved service plan.

(3) If the Minister F136[or the Minister for Children, Equality, Disability, Integration and Youth] directs the Executive to submit an amended service plan in accordance with F138[subsection (1) or (1A)(b)], subsections (4) to (11) of section 31 shall apply with all necessary modifications to the amended service plan.

(4) The Executive shall submit a service plan amended under subsection (2) as soon as practicable and in any event not later than 5 days after the day on which it adopts the amended service plan.

(5) Within 21 days after receiving an amended service plan submitted in accordance with subsection (4), F139[the Minister F136[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, or the Minister for Children, Equality, Disability, Integration and Youth, after consultation with the Minister, as appropriate,] may—]

(a) direct the Executive to amend the service plan specifying the manner in which the service plan is to be amended, or

(b) notify the Executive that he or she intends to amend the plan in consultation with the Executive.

F140[(6) Unless the direction or notification relating to an amended service plan is issued by the Minister or the Minister for Children, Equality, Disability, Integration and Youth within the period specified in subsection (5), the amended service plan is deemed to have been approved by the Minister and the Minister for Children, Equality, Disability, Integration and Youth, immediately before the end of that period.]

(7) If a direction relating to an amended service plan is issued by the Minister F141[or the Minister for Children, Equality, Disability, Integration and Youth] within the period specified in subsection (5), any amendment made (either in the amended service plan or in response to the direction) by the Executive to its approved service plan has no effect until the amendment is approved by the Minister F141[after consultation with the Minister for Children, Equality, Disability, Integration and Youth or the Minister for Children, Equality, Disability, Integration and Youth after consultation with the Minister, as appropriate].

(8) The Minister shall ensure that a copy of an approved service plan amended under this section is laid before both Houses of the Oireachtas within 21 days after the amended service plan is approved or deemed to have been approved by the Minister F141[and the Minister for Children, Equality, Disability, Integration and Youth].

(9) The Executive shall ensure that, as soon as practicable after copies of an approved amended service plan are laid before the Houses of the Oireachtas, the plan is published on the Internet or in accordance with such other arrangements as the Minister may specify.]

Annotations

Amendments:

F135
Substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 13, S.I. No. 275 of 2013.

F136
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 26(a), (b)(i), (ii), (c), (d), S.I. No. 666 of 2022.

F137
Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 9(a), commenced on enactment.

F138
Substituted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 9(b), (c), commenced on enactment.

F139
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 19 item 3, S.I. No. 502 of 2013.

F140
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 26(e), S.I. No. 666 of 2022.

F141
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 26(f)(i), (ii), (g), S.I. No. 666 of 2022.

Section 33

Implementation of approved service plan.

F142[33.— F143[(1) Subject to subsection (1A), the Executive shall manage health and personal social services set out in an approved service plan so as to ensure that—

(a) those services are delivered in accordance with the plan, and

(b) the net non-capital expenditure for the financial year or part of the financial year to which the plan relates does not exceed the amount specified in the section 30A(1) determination F144[or section 30B(1) determination] for that financial year or part of a financial year, as the case may be.]

F145[(1A) Section 28(1) and subsection (1), as in force immediately before the enactment of the Health Service Executive (Financial Matters) Act 2014, shall apply in relation to a service plan for the financial year 2014 and to a service plan for any part of that financial year and, accordingly, section 28(1) and subsection (1), as in force immediately after such enactment, shall not apply in relation to any such service plan.]

(2) The Minister F144[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth or, in so far as the plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, after consultation with the Minister,] may direct the Executive to take such specified measures as he or she may require in relation to the implementation of an approved service plan.]

F145[(3) (a) If the amount of net expenditure incurred by the Executive in a financial year is greater than the amount determined by the Minister F144[or the Minister for Children, Equality, Disability, Integration and Youth, as appropriate,] for that year, the Executive shall charge the amount of such excess to its income and expenditure account for the next financial year.

(b) If the amount of net expenditure incurred by the Executive in a financial year is less than the amount determined by the Minister F144[or the Minister for Children, Equality, Disability, Integration and Youth, as appropriate,] for that year, the Executive shall, subject to the approval of the Minister F144[or the Minister for Children, Equality, Disability, Integration and Youth, as appropriate,] given with the consent of the Minister for Public Expenditure and Reform, credit the amount of such surplus to its income and expenditure account for the next financial year.]

Annotations

Amendments:

F142
Substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 14, S.I. No. 275 of 2013.

F143
Substituted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 10(a), commenced on enactment.

F144
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 27(a), (b), (c)(i), (ii)(I), (II), S.I. No. 666 of 2022.

F145
Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 10(a), (b), commenced on enactment.

Section 33A
F146[

Power of Minister to make grants to Executive

33A.— F147[(1)] On and from 1 January 2015, the Minister shall, with the consent of the Minister for Public Expenditure and Reform, out of moneys provided by the Oireachtas, make grants to the Executive.]

F148[(2) On and from the commencement of section 28 of the Health (Miscellaneous Provisions) Act 2022, the Minister for Children, Equality, Disability, Integration and Youth shall, with the consent of the Minister for Public Expenditure and Reform and in so far as it relates to the performance by the Executive of its specialist community-based disability services functions, out of moneys provided by the Oireachtas, make grants to the Executive.]

Annotations

Amendments:

F146
Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 11, commenced on enactment.

F147
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 28(a), S.I. No. 666 of 2022.

F148
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 28(b), S.I. No. 666 of 2022.

Section 33B
F149[

Determination by Minister of capital funding and submission by Executive of capital plans

33B.— (1) The Minister F150[and the Minister for Children, Equality, Disability, Integration and Youth] shall—

(a) subject to subsection (9) and with the consent of the Minister for Public Expenditure and Reform, in respect of each financial year of the Executive, determine the maximum amount of funding that the Minister F150[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth and, in so far as the funding relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, after consultation with the Minister] will make available to the Executive in that year for capital expenditure, and

(b) notify the Executive in writing of that amount as soon as is practicable.

(2) After receiving the notification under subsection (1)(b) from the Minister F151[and the Minister for Children, Equality, Disability, Integration and Youth], the Executive shall, in accordance with subsection (3), submit to the Minister F151[and the Minister for Children, Equality, Disability, Integration and Youth] for approval an annual capital plan—

(a) prepared in such form and containing such information as may be specified by the Minister F151[and the Minister for Children, Equality, Disability, Integration and Youth], and

(b) relating to the financial year to which that notification relates.

(3) The annual capital plan shall be submitted to the Minister F152[and the Minister for Children, Equality, Disability, Integration and Youth] within—

(a) 21 days after the Executive receives the notification from the Minister F152[and the Minister for Children, Equality, Disability, Integration and Youth], or

(b) such longer period (not exceeding 42 days after the receipt of that notification) as the Minister F152[and the Minister for Children, Equality, Disability, Integration and Youth] may allow.

(4) Subsections (6) to (11) of section 31 shall apply with all necessary modifications to an annual capital plan.

F153[(5) Notwithstanding any other provision of this section, the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth or, in so far as the capital plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, after consultation with the Minister, may at any time direct in writing the Executive to submit to the Minister and the Minister for Children, Equality, Disability, Integration and Youth for approval a capital plan prepared in such form, containing such information and covering such part of a financial year as may be specified by the Minister or the Minister for Children, Equality, Disability, Integration and Youth in such direction.]

(6) In preparing a capital plan for submission under this section, the Executive shall have regard to any priorities that may be determined by the Minister F154[or the Minister for Children, Equality, Disability, Integration and Youth] for the financial year or part of a financial year to which the plan relates.

(7) Subject to subsection (10), the Minister F154[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth or, in so far as the amendment relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, after consultation with the Minister] may at any time direct the Executive to amend a capital plan submitted and approved under this section.

(8) The Executive may, with the prior approval of the Minister F154[and the Minister for Children, Equality, Disability, Integration and Youth after consultation between such Ministers], amend a capital plan submitted and approved under this section.

(9) The Minister shall not, in the financial year 2014, make a determination under subsection (1)(a) except in respect of the financial year 2015.

(10) The Minister shall not, in the financial year 2014, give a direction under subsection (5) or (7) except in respect of—

(a) a capital plan for the financial year 2015, or

(b) a capital plan for a part of the financial year 2015.]

Annotations

Amendments:

F149
Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 11, commenced on enactment.

F150
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 29(a)(i), (ii), S.I. No. 666 of 2022.

F151
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 29(b)(i), (ii), S.I. No. 666 of 2022.

F152
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 29(c)(i), (ii) S.I. No. 666 of 2022.

F153
Substituted (1.03.2022) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 29(d), S.I. No. 666 of 2022.

F154
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 29(e), (f), (g), S.I. No. 666 of 2022.

Section 34
Minister’s permission needed for major capital spending.

34.— F155[…]

Annotations

Amendments:

F155
Repealed (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 3, commenced on enactment.

Editorial Notes:

E25
Previous affecting provision: functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1, part 2 in effect as per art. 1(2), subject to transitional provisions in arts. 6-9; section repealed (17.07.2014) as per F-note above.

Section 34A
F156[

Functions of Director General under this Part

34A.— (1) The F157[chief executive officer] shall take steps to ensure that—

(a) the Executive’s net non-capital expenditure for a financial year or part of a financial year does not exceed the amount specified in the section 30A(1) determination F158[or section 30B(1) determination] for that financial year or part of a financial year, as the case may be, and

(b) the Executive’s capital expenditure for the financial year does not exceed the amount specified in the notification under section 33B(1)(b) received by the Executive which relates to that year.

(2) The F157[chief executive officer] shall, as soon as is practicable, inform the Minister F159[or, in so far as the action or proposed action relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth] if he or she forms the opinion that an action undertaken by the Executive will, or that a proposed action to be undertaken by the Executive would, if made, result in—

(a) the Executive’s net non-capital expenditure for a financial year or part of a financial year exceeding the amount specified in the section 30A(1) determination for that financial year or part of a financial year, as the case may be, or

(b) the Executive’s capital expenditure for a financial year exceeding the amount specified in the notification under section 33B(1)(b) received by the Executive which relates to that year.]

Annotations

Amendments:

F156
Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 12, commenced on enactment.

F157
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 19, S.I. No. 283 of 2019.

F158
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 30(a), S.I. No. 666 of 2022.

F159
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 30(b), S.I. No. 666 of 2022.

Section 34B
F160[

Appearance of Director General before Committee of Public Accounts

34B.— (1) The F161[chief executive officer] shall, whenever required in writing to do so by the Committee of Public Accounts on or after 1 January 2015, give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded, or required to be recorded, in any book or other record of account subject to audit by the Comptroller and Auditor General that the Executive is required by this Act to prepare,

(b) the economy and efficiency of the Executive in using its resources,

(c) the systems, procedures and practices employed by the Executive for evaluating the effectiveness of its operations, and

(d) any matter affecting the Executive referred to in—

(i) a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act 1993, or

(ii) any other report of the Comptroller and Auditor General that is laid before Dáil Éireann to the extent that it relates to a matter specified in paragraph (a), (b) or (c).

(2) In carrying out duties under this section, the F161[chief executive officer] may 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.]

Annotations

Amendments:

F160
Inserted (17.07.2014) by Health Service Executive (Financial Matters) Act 2014 (17/2014), s. 12, commenced on enactment.

F161
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 20, S.I. No. 283 of 2019.

Section 35

Code of governance.

35.— (1) The Executive shall, as soon as practicable after it is established, submit to the Minister for approval a code of governance that includes an outline of—

(a) the guiding principles applicable to the Executive as a public body having functions relating to health and personal social services,

F162[(b) the structure of the Executive, including the roles and responsibilities of the Board and the chief executive officer,]

(d) the processes and guidelines to be followed to ensure compliance with the reporting requirements imposed on the Executive by or under this Act,

(e) the Executive’s internal controls, including its procedures relating to internal audits, risk management, public procurement and financial reporting, F163[…]

F164[(f) procedures established under section 55H, and]

(2) F162[Subject to subsection (2A), the Executive shall] review the code of governance periodically and at such times as may be specified by the Minister F165[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] and shall revise the code as the Executive considers appropriate.

F166[(2A) The Executive shall, as soon as practicable after the commencement of section 21 of the Health Service Executive (Governance) Act 2019 and without prejudice to the generality of subsection (2), revise the code of governance to take account of the amendment made to subsection (1) by that section.]

(3) In preparing, or making any revisions to, the code of governance, the Executive shall have regard to any directions issued by the Minister F167[or the Minister for Children, Equality, Disability, Integration and Youth under section 10C] under section 10 .

(4) Following the Minister’s approval of the code of governance or of any revisions to it, the Executive shall arrange for the publication of the code or the revised code.

(5) The Executive shall indicate in its annual report its arrangements for implementing and maintaining adherence to the code of governance.

Annotations

Amendments:

F162
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 21(a), (b), S.I. No. 283 of 2019.

F163
Deleted (1.03.2009) by Health Act 2007 (23/2007), s. 103(2)(a), S.I. No. 27 of 2009.

F164
Substituted (1.03.2009) by Health Act 2007 (23/2007), s. 103(2)(a), S.I. No. 27 of 2009.

F165
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 31(a), S.I. No. 666 of 2022.

F166
Inserted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 21(c), S.I. No. 283 of 2019.

F167
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 31(b), S.I. No. 666 of 2022.

Editorial Notes:

E26
Previous affecting provision: subs. (1)(b) substituted (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 15, S.I. No. 275 of 2013; substituted as per F-note above.

Section 38

Arrangements with service providers.

38.— (1) The Executive may, subject to its available resources and any directions issued by the Minister under section 10 F172[or the Minister for Children, Equality, Disability, Integration and Youth under section 10C], enter, on such terms and conditions as it considers appropriate, into an arrangement with a person for the provision of a health or personal social service by that person on behalf of the Executive.

(2) Before entering into an arrangement under this section, the Executive shall determine, in respect of a financial year of the Executive, the maximum amount of funding (whether capital funding or non-capital funding) that it proposes to make available in that year under the arrangement and the level of service it expects to be provided for that funding.

(3) A service provider shall—

(a) keep, in such form as may be approved by the Executive in accordance with any general direction issued by the Minister F172[or, in relation to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth], all proper and usual accounts and records of income received and expenditure incurred by it,

F173[(b) submit such accounts annually for examination, and]

(c) supply a copy of the audited accounts and the auditor’s certificate and report on the accounts to the Executive within such period as may be specified by the Executive.

F174[(4) The expenses incurred in the carrying out of an audit of accounts submitted for examination in accordance with subsection (3) shall be payable by the service provider who so submitted them for examination.]

F175[F174[(4A)] The Executive may make an arrangement for the provision of a health or personal social service in accordance with this section by seeking and accepting a tender for the provision of such services.

F174[(4B)] A service provider providing a service in accordance with F174[subsection (4A)] is exempt from the requirements of subsections (2) and (3).]

(5) The Executive may exempt from the requirements of subsection (3)—

(a) a service provider who in any one financial year receives from the Executive in respect of health and personal social services provided on behalf of the Executive a total sum that does not exceed the amount that may be determined by the Minister F172[or, in relation to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth], or

(b) such other categories of service providers as may be specified by the Minister F172[or, in relation to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth].

(6) The Executive may make such arrangements as it considers appropriate to monitor—

(a) the expenditure incurred in the provision of health or personal social services by service providers exempted under subsection (5), and

(b) the provision of those services by such service providers.

(7) The Executive may request from a service provider any information that it considers material to the provision of a health or personal social service by the service provider.

(8) A service provider shall comply with a request made under subsection (7) to the service provider.

F176[(9) At the request of the Minister or the Minister for Children, Equality, Disability, Integration and Youth, the Executive shall supply the Minister or, in relation to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, with any information obtained in response to a request made under subsection (7).]

Annotations

Amendments:

F172
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 34(a), (b), (c), S.I. No. 666 of 2022.

F173
Substituted (15.05.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 4 item 4(a), S.I. No. 226 of 2007.

F174
Substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 21(a)-(d), commenced on enactment.

F175
Inserted (15.05.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 4 item 4(b), S.I. No. 226 of 2007.

F176
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 34(d), S.I. No. 666 of 2022.

Editorial Notes:

E29
The insertion of subss. (4), (5) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 4 item 4(b) duplicated the existing subss. (4), (5); this was corrected by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 21(b), (c), (d) as per F-note above.

Section 39

Assistance for certain bodies.

39.— (1) The Executive may, subject to any directions given by the Minister under section 10 F177[or the Minister for Children, Equality, Disability, Integration and Youth under section 10C] and on such terms and conditions as it sees fit to impose, give assistance to any person or body that provides or proposes to provide a service similar or ancillary to a service that the Executive may provide.

(2) Assistance may be provided under this section in any of the following ways:

(a) by contributing to the expenses incurred by the person or body;

(b) by permitting the use by the person or body of premises maintained by the Executive and, where requisite, executing alterations and repairs to and supplying furniture and fittings for such premises;

(3) Assistance may be provided to a person under this section whether or not the person is a service provider.

Annotations

Amendments:

F177
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022, s. 35, S.I. No. 666 of 2022.

Section 40

Gifts.

40.— (1) The Executive may accept gifts of money, land or other property on such trusts or conditions (if any) as may be specified by the donor.

(2) The Executive may not accept a gift if the trusts or conditions attaching to it would be inconsistent with the Executive’s object or functions or with any obligations imposed on it under any enactment.

F178[PART 7A

FURNISHING OF INFORMATION AND DOCUMENTS

]

Annotations

Amendments:

F178
Inserted (3.07.2010) by Health (Amendment) Act 2010 (15/2010), s. 1, commenced on enactment.

PART 8

Public Representation and User Participation

Section 41

National Health Consultative Forum.

41.— F209[(1) The Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, may convene, at such time as the Minister may determine, a National Health Consultative Forum to advise the Minister or the Minister for Children, Equality, Disability, Integration and Youth, as appropriate, on matters relating to the provision of health and personal social services.]

(2) The Minister F210[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] may, F211[…]—

(a) specify the number of members of the Forum,

(b) determine the manner in which the members are to be nominated,

(d) determine the rules and procedures of the Forum.

(3) The expenses of the Forum are payable by the Minister out of moneys provided by the Oireachtas.

Annotations

Amendments:

F209
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 43(a), S.I. No. 666 of 2022.

F210
Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 43(b), S.I. No. 666 of 2022.

F211
Deleted (15.05.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 4 item 5, S.I. No. 226 of 2007.

Editorial Notes:

E46
Power pursuant to section exercised (12.09.2006) by Health Act 2004 (National Health Consultative Forum Appointment of Members) Order 2006 (S.I. No. 479 of 2006).

E47
Power pursuant to section exercised (27.06.2006) by Health Act 2004 (National Health Consultative Forum) Order 2006 (S.I. No. 333 of 2006).

Section 42

Regional health forums.

42.— (1) After consulting the Minister for the Environment, Heritage and Local Government, the Minister shall, by regulation—

(a) establish such number (not exceeding 4) of regional health forums as the Minister considers appropriate, and

(b) appoint the establishment day of each regional health forum.

(2) The function of a regional health forum is to make such representations to the Executive as the forum considers appropriate on the range and operation of health and personal social services provided within its functional area, but it may not consider or make representations concerning any of the following matters:

(a) a matter relating solely to the exercise of clinical judgment by a person acting on behalf of the Executive or a service provider;

(b) a matter relating to an action taken by the Executive or a service provider if the action was taken solely on the advice of a person exercising clinical judgment in the circumstances described in paragraph (a);

(d) a matter relating to or affecting the terms or conditions (including those relating to superannuation benefits, disciplinary procedures or grievance procedures) of a contract of employment that the Executive has entered into or proposes to enter into.

(3) A regional health forum is to be composed of members of each city council and each county council within the functional area of the forum who are to be appointed as members of the forum by that city council or county council as follows:

(a) in the case of the first appointment of the members of a regional health forum, at the meeting of the city council or county council held next after the establishment of the regional health forum;

(b) in any other case, at the meeting of the city council or county council held next after the election of members of the council concerned.

(4) A person ceases to be a member of a regional health forum on ceasing to be a member of the city council or county council that appointed the person as a member of the forum.

(5) Regulations under this section shall—

(a) specify the title of each regional health forum and define its functional area,

(b) specify the number of members for each regional health forum and the number of members from each city council and each county council to be nominated to each regional health forum, and

(6) Regulations under this section may, among other things, prescribe requirements concerning the following matters:

(a) the appointment of members to a regional health forum;

(b) the election of a chairperson and vice-chairperson of each regional health forum;

(d) the meetings and procedures of a regional health forum;

(e) the establishment of committees of a regional health forum and the appointment of their members;

(f) rules and procedures to ensure the proper administration of each regional health forum.

(7) The Executive shall provide, or arrange for the provision of, such administrative services as may be necessary to enable a regional health forum to perform its function.

(8) The expenses of a regional health forum are payable by the Executive.

(9) A member of a regional health forum or a committee established by such forum may be paid by the Executive travelling and subsistence allowances in accordance with such scales as may, from time to time, be approved by the Minister with the consent of the Minister for Finance.

Annotations

Modifications (not altering text):

C10
References to “county council” and “city council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2), (3), S.I. No. 214 of 2014, art. 2.

Cesser and amalgamation of certain local government areas

9. …

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

(3) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to the administrative area of a county council or the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council or the administrative area of a city and county council, and

(b) to the administrative area of a county council and the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council and the administrative area of a city and county council.

C11
Functions under subs. (9) transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance 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 instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after 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 the provisions of –

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

5. References to the Minister for Finance contained in any Act or instrument 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 1

Enactments

…

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

…

No. 42 of 2004

Health Act 2004

Sections 34, 42(9) and 43(7)

…

Editorial Notes:

E48
Power pursuant to section exercised (12.12.2005) by Health Act 2004 (Regional Health Forums) Regulations 2005 (S.I. No. 797 of 2005).

Section 43

Mechanisms (including advisory panels) to enable Executive to consult with local communities and others.

43.— (1) The Executive may take such steps as it considers appropriate to consult with local communities or other groups about health and personal social services.

(2) Such steps may include the establishment by the Executive of panels to advise the Executive or to enable it to seek the views of—

(a) persons who are being or have been provided with a health or personal social service or who are seeking or have sought a health or personal social service,

(b) carers of persons referred to in paragraph (a),

(d) such other persons as the Executive considers appropriate.

(3) Subject to subsection (4), the Executive shall determine for each panel established under this section—

(a) its terms of reference,

(b) the manner in which its members are to be nominated, and

(4) A panel may not consider, or provide advice or views to the Executive concerning, a matter that under paragraphs (a) to (d) of section 42(2) a regional health forum is not authorised to consider.

(5) In providing advice to the Executive, a panel shall have regard to—

(a) the approved corporate plan in operation at the time,

(b) the approved service plan in operation at the time, and

(6) The Executive shall provide, or arrange for the provision of, such administrative services as may be necessary to enable a panel to perform its functions.

(7) The following allowances and expenses are payable by the Executive:

(a) the travelling and subsistence allowances of panel members in accordance with such scales as may be determined from time to time by the Minister with the consent of the Minister for Finance;

(b) the expenses of a panel.

(8) The Executive may dissolve a panel established under this section.

Annotations

Modifications (not altering text):

C12
Functions under subs. (7) transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

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

3. The functions conferred on the Minister for Finance by or under the provisions of –

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

Schedule 1

Enactments

…

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

…

No. 42 of 2004

Health Act 2004

Sections 34, 42(9) and 43(7)

…

Section 44

Other advisory panels to be established on Minister’s direction.

44.— (1) The Minister F212[or, in relation to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth,] may direct the Executive in writing to—

(a) establish an advisory panel for a purpose specified by the Minister F212[or, in relation to the performance by the Executive of its specialist community-based services functions, the Minister for Children, Equality, Disability, Integration and Youth], and

(b) appoint one or more than one person specified by the Minister F212[or, in relation to the performance by the Executive of its specialist community-based services functions, the Minister for Children, Equality, Disability, Integration and Youth,] as a member of the panel.

(2) The Minister F212[or, in relation to the performance by the Executive of its specialist community-based services functions, the Minister for Children, Equality, Disability, Integration and Youth,] may determine the terms of reference of a panel established under this section and may dissolve the panel at any time.

(3) Subsections (4) to (7) of section 43 apply with the necessary modifications in relation to an advisory panel established under this section.

Annotations

Amendments:

F212
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 44(a)(i)-(iii), (b), S.I. No. 666 of 2022.

PART 9

Complaints

Annotations

Modifications (not altering text):

C13
Application restricted (10.01.2007) by Health Act 2004 (Complaints) Regulations 2006 (S.I. No. 652 of 2006), reg. 17, in effect as per reg. 1(2).

Ombudsman and Ombudsman for Children

17. Any notification, under these Regulations (other than one under Regulation 7(1) or 12), or reports forwarded to a person who has made a complaint shall advise that nothing in Part 9 of the Act prohibits or prevents any person who is dissatisfied with a recommendation made or step taken in response to a complaint or a review that the matter may be referred by him or her to the Ombudsman or the Ombudsman for Children, as appropriate.

C14
Function of complaint officer in relation to complaints under Part prescribed (1.01.2007) by Health Act 2004 (Complaints) Regulations 2006 (S.I. No. 652 of 2006), reg. 6(1), in effect as per reg. 1(2).

Functions of complaints officers

6. (1) A complaints officer shall investigate, subject to section 50(2), all complaints received or assigned to him or her for investigation after having satisfied himself or herself that the complaint falls within the provisions of Part 9 of the Act.

…

Section 45

Definitions (Part 9).

45.— In this Part—

“action” means anything done or omitted to be done—

(a) by the Executive, or

(b) by a service provider in connection with the provision of—

(i) a health or personal social service that is the subject of an arrangement under section 38 , or

(ii) a service in respect of which assistance is given under section 39 ;

“close relative”, in relation to another person, means a person who—

(a) is a parent, guardian, son, daughter or spouse of the other person, or

(b) is cohabiting with the other person;

“complaints officer” means a person designated—

(a) by the Executive for the purpose of dealing with complaints made to it in accordance with procedures established under section 49(1)(a), or

(b) by a service provider for the purpose of dealing with complaints made to the service provider in accordance with procedures established under section 49(1)(a) or (2);

“complaint” means a complaint made under this Part about any action of the Executive or a service provider that—

(a) it is claimed, does not accord with fair or sound administrative practice, and

(b) adversely affects the person by whom or on whose behalf the complaint is made;

“complainant” means a person who is entitled under section 46 to make a complaint under this Part on the person’s own behalf or on behalf of another.

Section 46

Who may make complaints.

46.— (1) Any person who is being or was provided with a health or personal social service by the Executive or by a service provider or who is seeking or has sought provision of such service may complain, in accordance with the procedures established under this Part, about any action of the Executive or a service provider that—

(a) it is claimed, does not accord with fair and sound administrative practice, and

(b) adversely affects or affected that person.

(2) For the purposes of this Part, an action does not accord with fair and sound administrative practice if it is—

(a) taken without proper authority,

(b) taken on irrelevant grounds,

(d) based on erroneous or incomplete information,

(e) improperly discriminatory,

(f) based on undesirable administrative practice, or

(g) in any other respect contrary to fair or sound administration.

(3) If a person entitled under this section to make a complaint is unable to do so because of age, illness or disability, the complaint may be made on that person’s behalf by—

(a) a close relative F213[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] or carer of the person,

(b) any person who, by law or by appointment of a court, has the care of the affairs of that person,

(d) any other person with the consent of the person, or

(e) any other person who is appointed as prescribed in the regulations.

(4) If a person who would otherwise have been entitled under this section to make a complaint is deceased, a complaint may be made by a person who, at the time of the action in relation to which the complaint is made, was a close relative F213[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] or carer of that person.

Annotations

Amendments:

F213
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 170 and sch. part 5 item 22, S.I. No. 648 of 2010.

Section 47

Time limit for making complaints.

47.— (1) A complaint must be made within the specified period or Time limit for any extension of that period allowed under subsection (3). making complaints.

(2) The specified period is 12 months beginning before or after the commencement of this section, but not later than—

(a) the date of the action giving rise to the complaint, or

(b) if the person by whom or on whose behalf the complaint is to be made did not become aware of that action until after that date, the date on which he or she becomes aware of it.

(3) A complaints officer may extend the time limit for making a complaint if in the opinion of the complaints officer special circumstances make it appropriate to do so.

Section 48

Matters excluded from right to complain.

48.— (1) A person is not entitled to make a complaint about any of the following matters:

(a) a matter that is or has been the subject of legal proceedings before a court or tribunal;

(b) a matter relating solely to the exercise of clinical judgment by a person acting on behalf of either the Executive or a service provider;

(c) an action taken by the Executive or a service provider solely on the advice of a person exercising clinical judgment in the circumstances described in paragraph (b);

(d) a matter relating to the recruitment or appointment of an employee by the Executive or a service provider;

(e) a matter relating to or affecting the terms or conditions of a contract of employment that the Executive or a service provider proposes to enter into or of a contract with an adviser that the Executive proposes to enter into under section 24 ;

(f) a matter relating to the Social Welfare Acts;

(g) a matter that could be the subject of an appeal under section 60 of the Civil Registration Act 2004;

(h) a matter that could prejudice an investigation being undertaken by the Garda Síochána;

(i) a matter that has been brought before any other complaints procedure established under an enactment.

(2) Subsection (1)(i) does not prevent a complaints officer from dealing with a complaint that was made to the Ombudsman or the Ombudsman for Children and that is referred by him or her to a complaints officer.

(3) In relation to a contract referred to in subsection (1)(e) “terms or conditions” includes terms or conditions relating to superannuation benefits, disciplinary procedures or grievance procedures.

Section 49

Complaint and review procedures to be established.

49.— (1) Subject to subsection (2) and any regulations under section 53 , the Executive shall establish procedures for—

(a) dealing with complaints against the Executive or a service provider, and

(b) reviewing, at the request of a complainant, any recommendation made by a complaints officer following the investigation of a complaint.

(2) Any service provider may, with the agreement of the Executive, establish procedures, in place of the procedures established under subsection (1)(a), for dealing with complaints against the service provider.

(3) The Executive may agree to a service provider establishing such procedures if satisfied that they will be of a comparable standard to the procedures established by the Executive under subsection (1)(a).

(4) Subject to any regulations under section 53 , the Executive may assign to another body the Executive’s functions in relation to reviewing, and establishing procedures for reviewing, any recommendation made by a complaints officer.

Section 50

Refusal to investigate or further investigate complaints.

50.— (1) A complaints officer shall not investigate a complaint if—

(a) the person who made the complaint is not entitled under section 46 to do so either on the person’s own behalf or on behalf of another,

(b) the complaint is made after the expiry of the period specified in section 47(2) or any extension of that period allowed under section 47(3).

(2) A complaints officer may decide not to investigate or further investigate an action to which a complaint relates if, after carrying out a preliminary investigation into the action or after proceeding to investigate such action, that officer—

(a) is of the opinion that—

(i) the complaint does not disclose a ground of complaint provided for in section 46,

(ii) the subject-matter of the complaint is excluded by section 48,

(iii) the subject-matter of the complaint is trivial, or

(iv) the complaint is vexatious or not made in good faith,

(b) is satisfied that the complaint has been resolved.

(3) A complaints officer shall, as soon as practicable after determining that he or she is prohibited by subsection (1) from investigating a complaint or after deciding under subsection (2) not to investigate or further investigate a complaint, inform the complainant in writing of the determination or decision and the reasons for it.

Section 51

Restriction on type of recommendations complaints officers may make and power to suspend implementation of recommendations.

51.— (1) A complaints officer may not, following the investigation of a complaint, make a recommendation the implementation of which would require or cause—

(a) the Executive to make a material amendment to its approved service plan, or

(b) a service provider and the Executive to make a material amendment to an arrangement under section 38.

(2) If, in the opinion of the relevant person, such a recommendation is made, that person shall either—

(a) amend the recommendation in such manner as makes the amendment to the applicable service plan or arrangement unnecessary, or

(b) reject the recommendation and take such other measures to remedy, mitigate or alter the adverse effect of the matter to which the complaint relates as the relevant person considers appropriate.

(3) Pending the outcome of a review, the relevant person may suspend the implementation of a recommendation made by a complaints officer if satisfied that, in the interests of fair and sound administration, it is appropriate to do so.

(4) In this section “relevant person” means—

(a) in relation to a complaint dealt with by the Executive in accordance with the procedures established under section 49(1), the F214[chief executive officer] and

(b) in relation to a complaint dealt with in accordance with the procedures established by a service provider under section 49(2), the service provider.

Annotations

Amendments:

F214
Substituted (28.06.2019) by Health Service Executive (Governance) Act 2019 (17/2019), s. 26, S.I. No. 283 of 2019.

Editorial Notes:

E49
Previous affecting provision: subs. (4)(a) amended (25.07.2013) by Health Service Executive (Governance) Act 2013 (23/2013), s. 18, S.I. No. 275 of 2013; substituted as per F-note above.

Section 52

Adherence to complaint and review procedures to be condition of arrangements with service providers.

52.— (1) It is a condition of any arrangement under section 38 with a service provider that the service provider will—

(a) adhere to the complaints procedures established by the Executive in accordance with section 49(1) and any regulations under section 53, or

(b) establish the procedures agreed under section 49(2) and adhere to those procedures.

(2) In addition, it is a condition of such arrangement that the service provider will co-operate with the Executive, or with any body to which the Executive assigns its functions under section 49(4), in any review of a recommendation made by a complaints officer following the investigation of a complaint against the service provider.

(3) The Executive shall exercise any rights or remedies available to it under such arrangement if the service provider concerned does not fulfil any of the applicable conditions specified in subsections (1) and (2).

Section 53

Minister to make regulations for purposes of this Part.

53.— (1) The Minister F215[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,] may make regulations for the purposes of this Part.

(2) Regulations under this section may, among other things, make provision for the following matters:

(a) requirements to be complied with by complainants;

(b) the appointment of persons as complaints officers and the functions of complaints officers;

(d) the making of recommendations by complaints officers following the investigation of complaints and the nature of the recommendations that, subject to section 51, they are authorised to make;

(e) the implementation of recommendations made by complaints officers;

(f) the appointment of persons as review officers and the functions of those officers;

(g) the procedure to be followed in undertaking reviews;

(h) the making of recommendations by review officers following the review of a complaint and the nature of the recommendations that they are authorised to make;

(i) the implementation of recommendations made by review officers;

(j) the assignment by the Executive of the review functions referred to in section 49(4) to any other body or person.

Annotations

Amendments:

F215
Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), S. 45, S.I. No. 666 of 2022.

Editorial Notes:

E50
Power pursuant to section exercised (4.12.2018) by Health Act 2004 (Complaints) (Amendment) Regulations 2018 (S.I. No. 519 of 2018).

E51
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).

Section 54

Referral of complaints to Ombudsman or Ombudsman for Children.

54.— (1) Nothing in this Part prohibits or prevents any person who is dissatisfied with a recommendation made or step taken in response to a complaint under this Part or with a review under this Part from referring the complaint to the Ombudsman or the Ombudsman for Children.

(2) For the purposes of the Ombudsman Acts 1980 to 1984 and the Ombudsman for Children Act 2002, any action taken by a service provider in relation to a health or personal social service in respect of which the service provider has entered into an arrangement under section 38 or received assistance under section 39 is deemed to have been taken by the Executive.

Section 55

Annual report to include report on complaints and reviews.

55.— (1) The Executive shall submit to the Minister, as part of the Executive’s annual report, a general report on the performance of its functions under this Part during the previous year containing such information as the Executive considers appropriate or as the Minister may specify.

(2) A service provider who has established a complaints procedure by agreement with the Executive shall in each year, at such time and in such manner as the Executive may determine, provide the Executive with a general report on the complaints received by the service provider during the previous year indicating—

(a) the total number of complaints received,

(b) the nature of the complaints,

(d) the outcome of any investigations into the complaints.

(3) If the Executive assigns its functions under section 49(4) to another body, that body shall in each year, at such time and in such manner as the Executive may determine, provide the Executive with a general report on the reviews conducted by it during the previous year indicating—

(a) the total number of reviews,

(b) the nature of the reviews, and

HSE Service Delivery

HEALTH ACT 2004

Accountability

Interpretation.

Executive to prepare and submit corporate plan for Minister’s approval.

Publication and implementation of approved corporate plan.

Minister for Children, Equality, Disability, Integration and Youth to determine net non‑capital expenditure of Executive

Executive to prepare and submit service plan for Minister’s approval.

Amendment of approved service plan.

Implementation of approved service plan.

Power of Minister to make grants to Executive

Determination by Minister of capital funding and submission by Executive of capital plans

Functions of Director General under this Part

Appearance of Director General before Committee of Public Accounts

Code of governance.

Arrangements with service providers.

Assistance for certain bodies.

Gifts.

FURNISHING OF INFORMATION AND DOCUMENTS

Public Representation and User Participation

National Health Consultative Forum.

Regional health forums.

Mechanisms (including advisory panels) to enable Executive to consult with local communities and others.

Other advisory panels to be established on Minister’s direction.

Definitions (Part 9).

Who may make complaints.

Time limit for making complaints.

Matters excluded from right to complain.

Complaint and review procedures to be established.

Refusal to investigate or further investigate complaints.

Restriction on type of recommendations complaints officers may make and power to suspend implementation of recommendations.

Adherence to complaint and review procedures to be condition of arrangements with service providers.

Minister to make regulations for purposes of this Part.

Referral of complaints to Ombudsman or Ombudsman for Children.

Annual report to include report on complaints and reviews.

Related Posts

Domestic Violence Agency

Slainte Care

Services Regulation