Various Services

Table of Contents

HEALTH ACT, 1953.

PART III.

Health Services.

General medical services.

14.—(1) A health authority shall, in accordance with regulations, make available, without charge, for the persons specified in subsection (2) of this section, and their dependants, a general practitioner medical and surgical service, medicines, ophthalmic, dental and aural treatment and medical, surgical and dental appliances.

(2) The persons referred to in subsection (1) of this section are persons who are unable to provide by their own industry or other lawful means the medical, surgical, ophthalmic, dental or aural treatment, or medicines, or medical, surgical or dental appliances necessary for themselves or their dependants.

Institutional and specialist services.

15.—(1) A health authority shall, in accordance with regulations, make available institutional and specialist services for the persons specified in subsection (2) of this section.

(2) The persons referred to in subsection (1) of this section are the following persons and their dependants:

(a) persons insured under the Social Welfare Act, 1952 (No. 11 of 1952),

(b) adult persons whose yearly means are less than six hundred pounds,

(c) adult persons whose yearly means are, in the opinion of the health authority, derived wholly or mainly from farming, the rateable valuation of the farm or farms (including the buildings thereon) being fifty pounds or less,

(d) persons not specified in the foregoing paragraphs who, in the opinion of the health authority, would be unable, without undue hardship, to provide institutional and specialist services for themselves or their dependants.

(3) Institutional services under subsection (1) of this section shall be made available without charge for the persons specified in subsection (2) of section 14 of this Act and to such other persons specified in subsection (2) of this section as may be determined by the health authority.

(4) Where institutional services are made available under subsection (1) of this section, in cases not governed by subsection (3) of this section, there shall be charged such charges, not exceeding six shillings for each day during which institutional services are availed of, as may be determined by the health authority, save in such cases (being cases of persons specified in paragraph (d) of subsection (2) of this section or dependants of such persons) as may be specified by regulations made by the Minister with the consent of the Minister for Finance and, in those cases, there shall be charged the charges approved of or directed by the Minister towards the cost of the services.

(5) Specialist services under subsection (1) of this section shall be made available without charge.

(6) In paragraph (b) and paragraph (c) of subsection (2) of this section, the reference to yearly means includes, in addition to the yearly means of the person in question—

(a) the yearly means of the spouse (if any) of such person, where the spouse is resident with such person, and

(b) the yearly means of any unmarried son or daughter of

(i) such person, or

(ii) the spouse (if any) of such person, or

(iii) any deceased spouse of such person,

where the son or daughter is normally resident with such person.

(7) A health authority shall, in accordance with regulations, make available, without charge, institutional and specialist services for pupils of national schools in respect of defects discovered at school health examinations.

(8) Yearly means shall be calculated for the purposes of this section in accordance with Rule 1 of the Rules contained in the Seventh Schedule to the Social Welfare Act, 1952 .

(9) Where a decision taken in pursuance of paragraph (b) of subsection (2) of this section is a decision that the yearly means of the adult person are not less than six hundred pounds, an appeal shall lie from the decision to a person appointed by the Minister, and regulations may make provision with respect to the making and determination of appeals under this subsection.

(10) For the purposes of this section, specialist services shall not include ophthalmic or aural services and services provided otherwise than in a hospital, convalescent home or home for persons suffering from physical or mental disability shall not be institutional services.

Medical care for mothers.

16.—(1) A health authority shall, in accordance with regulations, make available, without charge, medical, surgical, midwifery, hospital and specialist services for attendance to the health of women (being women specified in subsection (2) of this section) in respect of motherhood.

(2) The women referred to in subsection (1) of this section are:

(a) women who are in, or who are dependants of persons in, any of the classes mentioned in subsection (2) of section 15 of this Act,

(b) women by or on behalf of whom such contributions as may be required by regulations have been made towards the cost of the services under this section.

(3) The regulations referred to in paragraph (b) of subsection (2) of this section—

(a) shall provide that contributions shall be at the rate of the appropriate amount for each year (not being a year before marriage) in respect of which a contribution is payable, and

(b) may require the making of different numbers of contributions in different circumstances, provided that advance payments of contributions (other than current contributions) shall not be required, and

(c) shall provide that, subject to the provisions pursuant to paragraph (d) of this subsection, the appropriate amount referred to in paragraph (a) of this subsection shall be one pound, and

(d) shall provide that the appropriate amount referred to in paragraph (a) of this subsection shall, for each successive period of five years (the first of such periods being the period of five years beginning on the day after the expiration of three years from the commencement of this section or such later day as the Minister may determine to be the earliest practicable day for the beginning of the first of such periods), be—

(i) for persons other than persons who had paid a contribution in respect of the year immediately preceding such period, either—

(I) such amount as may be fixed by the Minister for that period as the amount which will result in obtaining by contributions approximately one-half of the estimated cost, as determined by the Minister, during such period of the provision of the services for women by or on behalf of whom contributions at the rate fixed under this clause of this subparagraph are paid, or

(II) two pounds,

whichever is the less, and

(ii) for persons who had paid a contribution in respect of the year immediately preceding such period, the amount payable by that person for that year or the amount fixed by the Minister as aforesaid, whichever is the less.

(4) Regulations shall provide that any woman entitled to receive medical services under this section may receive them from such registered medical practitioner who has entered into an agreement with the health authority for the provision of those services and who is willing to accept her as a patient as she may choose.

(5) Where a woman avails of services under this section for a confinement taking place otherwise than in a hospital or maternity home, the health authority shall make available, without charge, obstetrical requisites to such extent as may be specified by regulations.

Infant welfare services.

17.—(1) A health authority shall, in accordance with regulations, make available, without charge, medical, surgical, hospital, specialist and nursing services for children up to the age of six weeks whose mothers are entitled to avail themselves of the services under section 16 of this Act.

(2) Regulations shall provide that medical services under this section shall be made available for a child by such registered medical practitioner who has entered into an agreement with the health authority for the provision of those services and who is willing to accept the child as a patient as the parent of the child may choose.

Child welfare services.

18.—A health authority shall, in accordance with regulations, make available, without charge, at clinics, health centres or similar institutions, medical, surgical and nursing services for children under the age of six years.

School health examination and treatment service.

19.—(1) A health authority shall, in accordance with regulations, make available, without charge, a health examination and treatment service for the pupils attending schools to which this section applies.

(2) This section applies to every school which is—

(a) a national school or

(b) a school to which an order under subsection (3) of this section applies.

(3) Where a health authority are not satisfied that an adequate health examination service is available for the pupils attending a school in their functional area which provides elementary education and is not a national school, the health authority may by order direct that this section shall apply to the school.

(4) Nothing in this section shall be construed as authorising a health authority to provide any general domiciliary service or any services such as are mentioned in section 15 or section 20 of this Act.

Dental, ophthalmic and aural services, for children.

20.—A health authority shall, in accordance with regulations, make available dental, ophthalmic and aural treatment and dental, optical and aural appliances—

(a) for pupils of national schools, in respect of defects discovered at school health examinations, and

(b) for children under six years of age attending clinics, health centres or similar institutions, in respect of defects discovered at such clinics, centres or institutions,

and the treatment and appliances shall be made available without charge, save that where any dental, optical or aural appliance is supplied as a replacement and the health authority are not satisfied that the replacement has become necessary otherwise than as a result of negligence, such charge may be made for the appliance as may be approved of or directed by the Minister.

Dental, ophthalmic and aural services for middle income group.

21.—A health authority shall, in accordance with regulations, make available, either, as may be specified in the regulations, without charge or at charges approved of or directed by the Minister, dental, ophthalmic and aural treatment and dental, optical and aural appliances for the persons (including dependants) specified in paragraphs (a), (b) and (c) of subsection (2) of section 15 of this Act (exclusive of the persons specified in sections 14 and 20 of this Act).

Regulations in relation to services.

22.—(1) The Minister may make regulations applicable to every health authority, every health authority of a particular class or a particular health authority as to the manner in which and the extent to which they are to make available the services specified in sections 14 to 21 of this Act and generally in relation to the administration of such services.

(2) References in sections 14 to 21 of this Act to regulations are to regulations under this section.

Maternity cash grants.

23.—(1) A health authority shall pay to a woman—

(a) who is entitled to the services made available by the health authority under section 14 of this Act, and

(b) whom it is not proposed to maintain in an institution after confinement (otherwise than for the purposes of medical or surgical treatment) by or at the expense of the health authority, and

a cash grant of four pounds in respect of each confinement.

(2) In this section “confinement” means labour resulting in the issue of a living child, or labour after twenty-eight weeks of pregnancy resulting in the issue of a child whether alive or dead.

(3) In deciding whether or not he shall make an order under the Illegitimate Children (Affiliation Orders) Act, 1930 (No. 17 of 1930), for the payment of the expenses incidental to the birth of a child, the Justice shall not take into consideration the fact that the mother of the child is entitled to a cash grant under this section.

Milk for mothers and children.

24.—(1) A health authority may, subject to the prescribed conditions, make arrangements for the supply of milk to expectant and nursing mothers who are entitled to the services made available by the health authority under section 14 of this Act and to children to whom this section applies.

(2) In this section “children to whom this section applies” means children under five years of age whose parents are unable from their own resources to provide such children with an adequate supply of milk.

(3) The references in subsections (1) and (2) of this section to milk shall be construed as including references to such foods derived wholly or mainly from milk as may from time to time be approved of by the Minister.

Institutional services at choice of patient, etc.

25.—(1) A person entitled, having regard to regulations under section 22 of this Act, to avail himself of institutional services under section 15 or section 16 of this Act, or the parent of a child entitled, having regard to regulations under section 22 of this Act, to allow the child to avail of the services under section 15 or section 17 of this Act, may, if he so desires, in lieu of accepting services made available by the health authority, arrange for the like services being made available for him or for the child (as the case may be)—

(a) in any hospital approved of by the Minister for the purposes of this section, or

(b) in any nursing home or maternity home approved of by the Minister for the purposes of this section,

and where a person so arranges, the health authority shall, in accordance with such regulations as may be made by the Minister, make, in respect of the services made available, a payment as provided for in this section.

(2) Where institutional services are made available in pursuance of subsection (1) of this section otherwise than in a private or semi-private ward in any institution (not being a health institution) with which the health authority have made an arrangement under section 10 of this Act, the payment to be made by the health authority to the institution in respect of the institutional services shall be equivalent to the payment which would be made to the institution pursuant to the said arrangement, less a sum of six shillings for each day during which the services are availed of.

(3) Where institutional services are made available in pursuance of subsection (1) of this section, otherwise than in a private or semi-private ward in any institution (not being a health institution) with which the health authority have not made an arrangement under section 10 of this Act, the payment to be made by the health authority to the institution in respect of the institutional services shall be equivalent to the payment normally made by the health authority for similar services made available in an institution (otherwise than in a private or semi-private ward) with which the health authority have made an arrangement under section 10 of this Act, less a sum of six shillings for each day during which the services are availed of.

(4) Where institutional services are made available in pursuance of subsection (1) of this section in a private or semi-private ward in any institution (not being a health institution) with which the health authority have made an arrangement under section 10 of this Act, the following provisions shall have effect:

(a) the payment to be made by the health authority to the institution in respect of the institutional services shall be equivalent to the payment which would be made to the institution in accordance with the said arrangement for services otherwise than in private or semi-private wards, less a sum of six shillings for each day during which the services are availed of,

(b) nothing in this Act or any regulations made thereunder shall be construed as restricting the amount of any charge which the institution may make on the person availing of the services.

(5) Where institutional services are made available in pursuance of subsection (1) of this section in a private or semi-private ward in any institution (not being a health institution) with which the health authority have not made an arrangement under section 10 of this Act, the following provisions shall have effect:

(a) the payment to be made by the health authority to the institution in respect of the institutional services shall be equivalent to the payment normally made by the health authority for similar services made available (otherwise than in a private or semi-private ward) in an institution with which the health authority have made an arrangement under section 10 of this Act, less a sum of six shillings for each day during which the services are availed of,

(b) nothing in this Act or any regulations made thereunder shall be construed as restricting the amount of any charge which the institution may make on the person availing of the services.

(6) Where institutional services are made available in pursuance of subsection (1) of this section in a nursing home or a maternity home, the following provisions shall have effect:

(a) the payment to be made by the health authority to the home in respect of the institutional services shall be equivalent to the payment normally made by the health authority for similar services made available (otherwise than in a private or semi-private ward) in a hospital with which the health authority have made an arrangement under section 10 of this Act, less a sum of six shillings for each day during which the services are availed of, and unless the health authority otherwise determine, shall be limited to payment in respect of a period of six weeks in the case of a nursing home or two weeks in the case of a maternity home,

(b) nothing in this Act or any regulations made thereunder shall be construed as restricting the amount of any charge which the institution may make on the person availing of the services.

(7) Where institutional services are made available under section 15 , section 16 or section 17 of this Act in a private or semi-private ward in a health institution on request made by or on behalf of the patient, there shall be charged therefor, in addition to any charge under subsection (4) of section 15 of this Act, a sum equivalent to the difference between—

(a) the charge approved of or directed by the Minister under section 26 of this Act for such services in a private or semi-private ward (as the case may be) in that institution, and

(b) the charge approved of or directed by the Minister under section 26 of this Act for such services in that institution otherwise than in a private or semi-private ward.

Institutional services for persons not entitled to services under section 15.

26.—(1) A health authority may make available institutional services for such persons as are not entitled to services under section 15 of this Act and they shall charge for any institutional services so made available the charges approved of or directed by the Minister.

(2) Except in cases of urgent necessity, institutional services (other than institutional services in special accommodation designated by the health authority with the consent of the Minister) shall not be provided under this section for a person unless there is accommodation available which, at the time of such person’s admission, is not required for a person entitled to services under section 15 of this Act.

(3) A health authority may, with the consent of the Minister, make rules governing the provision of institutional services under this section and such rules may, in particular, contain provisions governing the making and amounts of payments to officers of the health authority in respect of any service or treatment given by them to persons who avail themselves of the institutional services.

(4) An officer of a health authority providing institutional services shall not demand or take from any person availing himself of such services (or from any other person on behalf of such person) any payment in respect of the services given to such person, not being a payment demanded or taken on behalf of the health authority, unless the taking of the payment by the officer is expressly authorised by rules made under this section or by the terms of his appointment.

(5) Regulations made under section 37 of the Public Assistance Act, 1939 , and in force immediately before the commencement of this section shall be deemed to be rules made under this section.

(6) Nothing in this section shall affect the operation of section 14 or sections 16 to 21 of this Act or of section 31 of the Principal Act or any regulations under that section.

Declaration as to means.

27.—For the purpose of determining whether a person is or is not entitled to any service provided by them under this Part of this Act, a health authority may require that person to make a declaration in such form as they consider appropriate in relation to his means and may take such steps as they think fit to verify the declaration.

Notification of change of circumstances.

28.—(1) Where a person is recorded for the purposes of this section by a health authority as entitled on account of specified circumstances to a service provided by the health authority under this Part of this Act, he shall notify the health authority of any change in those circumstances such as renders him no longer entitled to the service.

(2) Where a person knowingly contravenes subsection (1) of this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

Determination of doubt as to responsible health authority.

29.—The Minister shall decide, in any case of doubt or dispute with respect to a particular person or persons of a particular class, which health authority is to be responsible for the provision for such person or persons of such class (where appropriate) of any service under the Principal Act or this Act.

Charge where person not entitled obtains service.

30.—Where—

(a) a person has availed himself of a service provided under this Part of this Act, and

(b) it is ascertained that he was not entitled to the service,

the health authority may charge for the service the charge approved of or directed by the Minister.

Recovery of charges.

31.—Any charge which may be made by a health authority pursuant to this Part of this Act or the regulations thereunder may, in default of payment, be recovered as a simple contract debt in any court of competent jurisdiction from—

(a) the person in respect of whom the charge is made or, in case such person has died, his legal personal representative, or

(b) any other person liable to maintain such person for the purposes of the Public Assistance Act, 1939 , by virtue of section 27 of that Act or, in case such other person has died, his legal personal representative.

Affording of facilities for health examination of children at schools.

32.—(1) A health authority intending to arrange for a health examination of children at a school, under this Act, may give to the school manager of the school notice in writing of such intention stating the day or days (not being earlier than seven days after the giving of the notice) on which and the time at which the examination will be held and requiring the school manager to afford all reasonable facilities for the examination.

(2) A notice under subsection (1) of this section may be addressed to “the school manager” and may be given by delivering it to the school manager of the school to which it relates or by sending it by post to the address at which he ordinarily resides.

(3) A copy of every notice under subsection (1) of this section in respect of a health examination to be held in a school of which the school manager is not the principal teacher shall be either delivered to the principal teacher of such school or sent by post to such teacher at the school.

(4) The school manager of a school to which a notice given under subsection (1) of this section relates shall cause all reasonable facilities to be given for the holding of a health examination in accordance with the notice and on the day or days and at the time mentioned therein and, if he fails to do so, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(5) Without prejudice to the foregoing subsections of this section, a health authority shall consult the school manager of a school before determining the day or days on which and the time at which a health examination of children in the school will be held and shall, so far as may be practicable, comply with the wishes of the school manager.

(6) An offence under this section may be prosecuted by the health authority who gave the relevant notice under this section.

False statements, etc.

33.—If any person, for the purpose of obtaining any service provided under this Part of this Act, whether for himself or some other person, or for any purpose connected with this Part of this Act—

(a) knowingly makes any false statement or false representation or knowingly conceals any material fact, or

(b) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

Courses of instruction for medical officers.

63.—(1) In this section, the expression “medical officer” means an officer of a health authority whose office is an office the holder of which is required to be a registered medical practitioner.

(2) A health authority, with the approval of the Minister, may do all things necessary to provide from time to time courses of instruction for medical officers (including medical officers of other authorities).

(3) Where a health authority provide a course of instruction under this section, they may, at their discretion, permit registered medical practitioners who are not medical officers to attend at such course.

(4) The Minister shall notify the Medical Registration Council of courses of instruction approved under this section.

(5) Nothing in this section shall be construed as imposing an obligation on a medical officer to attend at a course of instruction provided under this section.

Schools for training of nurses.

64.—(1) In this section—

the expression “nursing school” means a school for the training of persons to be nurses;

the expression “student nurse” means a person being trained to be a nurse.

(2) A health authority may, with the consent of the Minister, and shall, if the Minister so directs, provide and maintain a nursing school in connection with a health institution maintained by them and may, subject to such conditions as they think fit, admit persons to such school as student nurses.

(3) A health authority who maintain a nursing school under this section may, with the consent of the Minister, pay remuneration to a student nurse of the school.

Assistance for certain bodies.

65.—(1) A health authority may, with the approval of the Minister, give assistance in any one or more of the following ways to any body which provides or proposes to provide a service similar or ancillary to a service which the health authority may provide:

(a) by contributing to the expenses incurred by the body,

(b) by supplying to the body fuel, light, food, water or other commodity,

(c) by permitting the use by the body of premises maintained by the health authority and, where requisite, executing alterations and repairs to and supplying furniture and fittings for such premises,

(d) by providing premises (with all requisite furniture and fittings) for use by the body.

(2) A health authority may, with the approval of the Minister, contribute to the funds of any society for the prevention of cruelty to children.

Dispensary residences under Public Assistance Act, 1939.

66.—(1) Every residence which, immediately before the commencement of this section, was maintained under section 43 of the Public Assistance Act, 1939 , by the council of a county or corporation of a county borough as a public assistance authority shall, on and after such commencement, be deemed to have been provided by such council or corporation under section 105 of the Principal Act.

(2) Where section 105 of the Principal Act applies to a board of assistance or board of public assistance by virtue of an order under section 45 or section 46 of this Act commencing on the commencement of this section, every residence which, immediately before the commencement of this section, was maintained under section 43 of the Public Assistance Act, 1939 , by such board shall, on and after such commencement, be deemed to have been provided by such board under section 105 of the Principal Act.

(3) Where a residence is in course of erection under section 43 of the Public Assistance Act, 1939 , by a public assistance authority immediately before the commencement of this section, such residence shall be completed in like manner as if this Act had not been passed and, when it is completed, subsection (1) or subsection (2) of this section (as may be appropriate) shall apply in relation thereto.

Apportionment of expenditure on central health service.

67.—(1) In this section “central health service” means a service provided in accordance with law by a Minister of State for the benefit of two or more authorities to whom this section applies.

(2) Where expenditure is incurred by the Minister or any other Minister of State on the provision of any central health service, the Minister may by order apportion the whole or part of the expenditure among the authorities concerned in such manner as he thinks reasonable.

(3) An authority to whom this section applies shall pay to the Minister any amount apportioned to them by an order under this section and such amount shall thereupon be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

(4) Where a health authority fail to pay an amount apportioned to them by an order under this section, the amount may be deducted by the Minister from any sum payable to them under the Health Services (Financial Provisions) Act, 1947 .

(5) Each of the following authorities shall be an authority to whom this section applies:

(a) a health authority,

(b) a mental hospital authority under the Mental Treatment Act, 1945 (No. 19 of 1945).

Inspection of provisions and water for crew of Irish ships.

68.—(1) An authorised officer may, as respects an Irish ship, carry out any inspection under section 206 of the Merchant Shipping Act, 1894 , or section 26 of the Merchant Shipping Act, 1906 , in like manner and with the like powers as if he had been duly appointed under the said section 206.

(2) Any offence which is to be prosecuted consequent on an inspection carried out in pursuance of this section by an authorised officer may be prosecuted by the health authority.

(3) In this section—

“Irish ship” has the same meaning as in the Merchant Shipping Act, 1947 (No. 46 of 1947);

“authorised officer” means an officer of a health authority appointed in writing by the manager therefor to be an authorised officer for the purposes of this section.

Restriction of application of Public Assistance Act, 1939.

69.—The Public Assistance Act, 1939 , shall cease to have effect as respects the provision of—

(a) medical assistance as defined therein, and

(b) general assistance as defined therein given by way of admission to an institution,

and the said Act shall be construed accordingly.

Health Act 1970

Section 60

Home nursing.

60.—A health board shall, in relation to persons with full eligibility and such other categories of persons and for such purposes as may be specified by the Minister, provide without charge a nursing service to give to those persons advice and assistance on matters relating to their health and to assist them if they are sick.

Annotations

Modifications (not altering text):

C35
Reference to “health board” construed as reference to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.

Definitions (Part 10).

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

(a) the health boards,

…

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 61

Home help service.

61.—(1) A health board may make arrangements to assist in the maintenance at home of—

(a) a sick or infirm person or a dependant of such a person,

(b) a woman availing herself of a service under section 62, or receiving similar care, or a dependant of such a woman,

(c) a person who, but for the provision of a service for him under this section, would require to be maintained otherwise than at home,

either (as the chief executive officer of the board may determine in each case) without charge or at such charge as he considers appropriate.

(2) In making a determination under subsection (1), the chief executive officer of a health board shall comply with any directions given by the Minister.

Annotations

Modifications (not altering text):

C36
Reference to “health board” construed as reference to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.

Definitions (Part 10).

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

(a) the health boards,

…

References to specified bodies.

Section 61A
F124[

Information to be provided to Health Service Executive by home care providers.

61A.—(1) A home care provider shall give notice in writing to the Health Service Executive, as soon as it is practicable for the provider to do so, of—

(a) the name and address of the provider,

(b) the name and address of each person to whom the provider provides home care services,

(d) particulars of any change to information previously given by the provider to the Executive under any paragraph (including this paragraph) of this subsection.

(2) The Health Service Executive may, for statistical purposes, retain and process information given to it under subsection (1) and may publicly disclose—

(a) any particulars of home care providers who are legal persons, or

(b) any statistics arising from such retention and processing of such information.

(3) In this section—

“home care provider” means a natural or legal person who, whether or not pursuant to arrangements referred to in section 61(1), provides, at a charge, home care services;

“home care service” means a service made available in a private dwelling for a person who, by reason of illness, frailty or disability, is unable to provide the service for himself or herself without assistance;

“private dwelling”, in relation to a person referred to in the definition of “home care service”, means a permanent dwelling that is not open to the general public to visit unless invited and where that person habitually resides.]

Annotations

Amendments:

F124
Inserted (19.02.2007) by Health (Nursing Homes) (Amendment) Act 2007 (1/2007), s. 11, commenced on enactment.

Chapter IV

Services for Mothers and Children

Section 62

Medical and midwifery care for mothers.

62.—F125[(1) A health board shall make available medical, surgical and midwifery services for attendance to the health of women in respect of motherhood.

(1A) The services referred to in subsection (1) shall be provided otherwise than as in-patient services.

(1B) A health board shall not charge for the services provided under subsection (1).]

(2) A woman entitled to receive medical services under this section may choose to receive them from any registered medical practitioner who has entered into an agreement with the health board for the provision of those services and who is willing to accept her as a patient.

(3) When a woman avails herself of services under this section for a confinement taking place otherwise than in a hospital or maternity home, the health board shall provide without charge obstetrical requisites to such extent as may be specified by regulations made by the Minister.

Annotations

Amendments:

F125
Substituted and inserted (1.01.2014) by Health (Amendment) Act 2013 (31/2013), s. 18, S.I. No. 569 of 2013.

Modifications (not altering text):

C37
Term “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

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

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.

…

C38
References to “health board” construed as references to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.

Definitions (Part 10).

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

(a) the health boards,

…

References to specified bodies.

Section 62A
F126[

Services for women in accordance with Act of 2018.

62A.—(1) The Health Service Executive shall make available without charge medical, surgical and midwifery services for the purpose of termination of pregnancy in accordance with section 9, 10, 11 or 12 of the Act of 2018 for women who are ordinarily resident in the State.

(2) The services referred to in subsection (1) shall be provided otherwise than as in-patient services.

(3) A woman entitled to receive services under this section may choose to receive them from any person who has entered into an agreement with the Health Service Executive for the provision of those services and who is willing to accept her as a patient.

(4) Subject to sections 20 and 23 of the Act of 2013, the services referred to in subsection (1) shall include the supply without charge of specified drugs, medicines and medical and surgical appliances for the purpose of a termination of pregnancy in accordance with section 9, 10, 11 or 12 of the Act of 2018 for the time being—

(a) standing approved by the Heath Service Executive, or

(b) on the Reimbursement List within the meaning of section 2(1) of the Act of 2013.

(5) In this section—

“Act of 2013” means Health (Pricing and Supply of Medical Goods) Act 2013;

“Act of 2018” means the Health (Regulation of Termination of Pregnancy) Act 2018.]

Annotations

Amendments:

F126
Inserted (1.01.2019) by Health (Regulation of Termination of Pregnancy) Act 2018 (31/2018), s. 26(d), S.I. No. 594 of 2018.

Editorial Notes:

E268
Provision for payments for certain services under section made (1.01.2019) by Public Service Pay and Pensions Act 2017 (Payments in Respect of Certain Services under Section 62A of the Health Act 1970) Regulations 2018 (S.I. No. 598 of 2018), in effect as per reg. 1(2).

Section 63

Medical care for infants.

63.—(1) A health board shall make available without charge medical, surgical and nursing services for children up to the age of six weeks whose mothers are entitled to avail themselves of services under section 62.

(2) Services under this section shall be provided for a child by any registered medical practitioner whom the parent of the child has chosen, who has entered into an agreement with the health board for the provision of those services and who is willing to accept the child as a patient.

Annotations

Modifications (not altering text):

C39
Term “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

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

…

C40
Reference to “health board” construed as reference to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.

Definitions (Part 10).

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

(a) the health boards,

…

References to specified bodies.

Section 64

Maternity grants.

64.—(1) A health board shall pay a cash grant in respect of each confinement to a woman who is a person with full eligibility, who fulfils the prescribed conditions and whom it is not proposed to maintain in an institution after the confinement (otherwise than for the purpose of medical or surgical treatment) by or at the expense of the health board.

(2) The amount of a grant under this section shall be—

(a) where there is live issue, £8 in respect of each child born alive,

(b) where there is no live issue, £8.

F127[(3) In deciding whether or not to make an order under section 21A of the Family Law (Maintenance of Spouses and Children) Act, 1976 (inserted by the Status of Children Act, 1987), in so far as any such order relates to the payment of expenses incidental to the birth of a child, the Circuit Court or the District Court, as the case may be, shall not take into consideration the fact that the mother of the child is entitled to a grant under this section.]

(4) In this section “confinement” means labour resulting in the issue of a living child, or labour after twenty-eight weeks of pregnancy resulting in the issue of a living or dead child.

Annotations

Amendments:

F127
Substituted (14.06.1987) by Status of Children Act 1987 (26/1987), s. 21(2), commenced as per s. 1(2)(b).

Modifications (not altering text):

C41
Reference to “health board” construed as reference to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.

Definitions (Part 10).

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

(a) the health boards,

…

References to specified bodies.

Editorial Notes:

E269
Power pursuant to section exercised (27.09.1972) by Maternity Cash Grants Regulations 1972 (S.I. No. 241 of 1972).

Section 65

Milk for mothers and children.

65.—(1) A health board may make arrangements for the supply of milk to expectant mothers with full eligibility, nursing mothers with full eligibility, and children under five years of age whose parents are unable from their own resources to provide the children with an adequate supply of milk.

(2) In this section “milk” includes foods derived wholly or mainly from milk.

Annotations

Modifications (not altering text):

C42
Reference to “health board” construed as reference to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.

Definitions (Part 10).

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

(a) the health boards,

…

References to specified bodies.

Section 66

Child health service.

66.—(1) A health board shall make available without charge at clinics, health centres or other prescribed places a health examination and treatment service for children under the age of six years.

F128[(2) The Health Service Executive shall make available without charge a health examination and treatment service for pupils who attend any primary school or who are taught at home.

(3) The Health Service Executive may, by notice given to a school manager, or governing body of a school, require the school manager or governing body, as the case may be, to provide reasonable facilities for an examination under this section.

(4) A school manager or governing body given a notice under subsection (3) shall comply with the notice.]

(5) Nothing in this section shall be construed as authorising a health board to provide any general domiciliary service or any services such as are mentioned in section 52, 56 or 67.

Annotations

Amendments:

F128
Substituted (1.05.2007) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 27, S.I. No. 194 of 2007.

Modifications (not altering text):

C43
References to “health board” construed as references to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.

Definitions (Part 10).

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

(a) the health boards,

…

References to specified bodies.

Chapter V

Other Services

Section 67

Dental, ophthalmic and aural services.

67.—(1) A health board shall make dental, ophthalmic and aural treatment and dental, optical and aural appliances available for persons with full eligibility F129[…].

(2) A health board shall make dental, ophthalmic and aural treatment and dental, optical and aural appliances available in respect of defects noticed at an examination under the service mentioned in section 66.

(3) F130[Charges] shall not be made for treatment and appliances made available under this section.

(4) F129[…]

Annotations

Amendments:

F129
Deleted (24.08.2009) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 28(a), (c), S.I. No. 333 of 2009.

F130
Substituted (24.08.2009) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 28(b), S.I. No. 333 of 2009.

Modifications (not altering text):

C44
References to “health board” construed as references to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.

Definitions (Part 10).

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

(a) the health boards,

…

References to specified bodies.

Section 67A
F131

[Interpretation – sections 67A to 67D

67A.—(1) In this section and sections 67B to 67D—

“accommodation”, in relation to a person (“relevant person”) being provided with a health or personal social service that falls within the definition of “residential support services”, means—

(a) accommodation provided to the relevant person by or on behalf of the Health Service Executive, or

(b) if paragraph (a) does not apply and the ongoing costs of maintenance associated with the provision of that service to the relevant person are met by the Health Service Executive or another person that provides services on behalf of the Health Service Executive, accommodation provided to the relevant person pursuant to an arrangement that has been put in place by or on behalf of the relevant person for the purpose of facilitating the provision, in that accommodation, of that service;

“costs of maintenance”, in relation to a person (“relevant person”) being provided with a health or personal social service that falls within the definition of “residential support services”, means the costs (other than excluded costs) relating to the ongoing essential daily living requirements of the relevant person and, without prejudice to the generality of the foregoing, includes the costs to the Health Service Executive or another person acting on behalf of the Health Service Executive of purchasing or paying for—

(a) the relevant person’s food or other essential household provisions,

(b) the relevant person’s electricity, gas, heating, refuse collection, water supply or other essential utilities, or

and “maintenance costs”, “maintenance”, “maintain” and cognate terms shall be construed accordingly;

“excluded costs”, in relation to the definition of “costs of maintenance” and a relevant person referred to in that definition, means—

(a) the relevant person’s accommodation costs (if any), and

(b) the costs (if any), associated with the provision of a health or personal social service to the relevant person, that do not fall within that definition;

“persons” includes a class or classes of persons;

“residential support services” means any health or personal social service excluding—

(a) acute in-patient services,

(b) long-term residential care services, and

provided by or on behalf of the Health Service Executive under section 7 of the Health Act 2004 or under any other enactment, to a person residing in accommodation that is a—

(i) hospital,

(ii) convalescent home,

(iii) nursing home, or

(iv) home or other category of housing accommodation for persons with a physical, sensory, mental health or intellectual disability,

or in accommodation ancillary thereto.

(2) A reference in the definition of “residential support services” in subsection (1) to long-term residential care services shall be construed as a reference to long-term residential care services provided to a person who first began to receive those services on or after 27 October 2009.]

Annotations

Amendments:

F131
Substituted (2.09.2016) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 42, commenced as per s. 1(3) and S.I. No. 466 of 2016.

Editorial Notes:

E270
Previous affecting provision: section inserted (2.09.2016) by Health (Amendment) Act 2013 (31/2013), s. 19, S.I. No. 466 of 2016; section substituted as per F-note above.

Section 67B
F132[

Residential support services.

67B.—The Health Service Executive may make available residential support services to persons with full eligibility and persons with limited eligibility.]

Annotations

Amendments:

F132
Inserted (2.09.2016) by Health (Amendment) Act 2013 (31/2013), s. 19, S.I. No. 466 of 2016.

Section 67C
F133[

Residential support services maintenance and accommodation contributions.

67C.—(1) (a) Subject to subsections (3) to (6) and section 67D, a person provided with residential support services, whether provided by the Health Service Executive or on behalf of the Health Service Executive, shall pay a financial contribution, in accordance with regulations made by the Minister under this section, towards F134[the costs of maintenance or accommodation, or both,] associated with the provision of such residential support services.

(b) In this section and in sections 67B and 67D, a “residential support services maintenance and accommodation contribution” means a contribution required to be paid pursuant to this section and regulations made under subsection (2).

F134[(2) (a) The Minister may, with the consent of the Minister for Public Expenditure and Reform, make regulations—

(i) making it a requirement that persons to whom residential support services are provided, or persons belonging to a specified class or classes of such persons, shall pay a contribution, in specified circumstances, towards the costs of maintenance or accommodation, or both, associated with the provision of such services,

(ii) specifying the amounts of the contributions or the limits to the amounts of such contributions,

(iii) providing for any matter referred to in this section as prescribed or to be prescribed, and

(iv) providing for transitional arrangements, in specified circumstances, in respect of such contributions as the Minister considers necessary or expedient in respect of such persons, which may include such transitional arrangements relating to the reduction to the amounts of such contributions as the Minister considers necessary or expedient in respect of such persons, or that may be required to avoid undue financial hardship for such persons.

(b) (i) In specifying the amounts of the contributions required to be paid in regulations made under paragraph (a), the Minister may specify different amounts by reference to the respective incomes of the persons required to pay the contributions or by reference to the levels of dependence or independence of such persons, or by reference to both such incomes and such levels of dependence or independence.

(ii) The Minister may, for the purposes of subparagraph (i), have regard to the levels of dependence or independence of persons by taking into account the medical care or nursing care, or both, generally provided in, or to, the accommodation where the persons reside and to those levels of dependence or independence that, in the Minister’s opinion, may be taken to give rise to a need to retain lesser or greater levels of income for personal use by such persons.]

(c) Regulations relating to the matters specified in paragraph (a) may contain such ancillary or subsidiary provisions as the Minister considers necessary or expedient, including provisions relating to the manner of payment, the persons to whom payments are to be made and the collection of monies due and the disposal of monies received in respect of contributions required to be made pursuant to such regulations.

(3) (a) The amount of a contribution required to be paid pursuant to regulations made under subsection (2) shall be expressed as a daily amount, which amount shall not exceed 80 per cent of the maximum daily rate of the State pension (non-contributory).

F135[(aa) The daily amount of the contribution required from a person to whom paragraph (b) of the definition of “accommodation” in section 67A(1) applies shall be reduced by one-seventh of whichever of the following 2 amounts is the greater:

(i) the amount that the person provides for his or her accommodation, as calculated pro rata on a weekly basis, less—

(I) the amount (if any) of a rent supplement, as so calculated, that he or she receives pursuant to regulations made under section 198(3) of the Social Welfare Consolidation Act 2005, and

(II) the amount (if any) of housing assistance (or similar subsidy), as so calculated, prescribed for the purposes of this clause, that he or she receives;

(ii) €30 or, if a different amount stands prescribed for the purposes of this subparagraph, that different amount.]

(b) For the purposes of this section—

(i) a person shall be considered as receiving residential support services on a particular day where that person was receiving those services at midnight on the day concerned,

(ii) a reference to the maximum daily rate of the State pension (non-contributory) shall be construed as a reference to one seventh of the maximum weekly rate of State pension (non-contributory), and

(iii) State pension (non-contributory) has the same meaning as it has in the Social Welfare Acts.

(4) A residential support services maintenance and accommodation contribution in respect of a particular day shall be payable where, in the 12 month period ending on that day, the person has previously received residential support services on at least 30 days.

(5) In calculating the number of days on which a person has received residential support services within the 12 month period referred to in subsection (4)—

(a) a day on which a person has received acute in-patient services as defined in section 51 (whether before or after the coming into operation of this section or regulations made under it) unless the person concerned was liable to make payment of a charge under section 55 in respect of those services,

(b) a day on which a person was in receipt of State support within the meaning of the Nursing Homes Support Scheme Act 2009 (whether before or after the coming into operation of this section or regulations made under it), and

(c) a day on which a person received services under this Act provided by or on behalf of the Health Service Executive prior to the coming into operation of sections 67A, 67C, 67D or this section or regulations made under it, which services would, if those sections and regulations had been in force at the time of the provision of those services, have constituted residential support services,

shall be treated as a day on which the person concerned has been provided with residential support services.

(6) Subsection (5) applies notwithstanding that—

(a) the person concerned is a person to whom subsection (7) applies as respects one or more than one of the days, or

(b) the Health Service Executive has, pursuant to guidelines approved under section 67D, as respects the person concerned waived, in whole or in part, the amount of the contribution payable.

(7) A residential support services maintenance and accommodation contribution shall not be payable where the residential support services are provided to—

(a) a person under 18 years of age,

(b) a woman receiving services in respect of motherhood,

F136[(ba) a woman receiving services for the purpose of a termination of pregnancy in accordance with section 9, 10, 11 or 12 of the Health (Regulation of Termination of Pregnancy) Act 2018,]

(d) a person detained in a designated centre under the Criminal Law (Insanity) Act 2006,

(e) a person who pursuant to section 2 of the Health (Amendment) Act 1996, in the opinion of the Health Service Executive, has contracted Hepatitis C directly or indirectly from the use of Human Immunoglobulin Anti-D or the receipt within the State of another blood product or a blood transfusion,

(f) a person in respect of the treatment of infectious diseases prescribed under Part IV of the Health Act 1947,

(g) a person who pays charges which are charged under section 53A, or

(h) a person in receipt of State support or ancillary State support within the meaning of the Nursing Homes Support Scheme Act 2009.]

F135[(8) Subject to the other provisions of this section, nothing in this Act or in another enactment (or in an instrument made under this Act or under another enactment) shall be construed as—

(a) prohibiting the imposition upon a person to whom this section applies of a requirement to pay a residential support services maintenance and accommodation contribution, or

(b) authorising the imposition upon a person to whom this section applies of a requirement to pay any additional contribution, in respect of the costs of maintenance or accommodation, or both, associated with the provision to a person of residential support services.]

Annotations

Amendments:

F133
Inserted (2.09.2016) by Health (Amendment) Act 2013 (31/2013), s. 19, S.I. No. 466 of 2016.

F134
Substituted (2.09.2016) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 43(a), (b), commenced as per s. 1(3) and S.I. No. 466 of 2016.

F135
Inserted (2.09.2016) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 43(c), (d), commenced as per s. 1(3) and S.I. No. 466 of 2016.

F136
Inserted (1.01.2019) by Health (Regulation of Termination of Pregnancy) Act 2018 (31/2018), s. 26(e), S.I. No. 594 of 2018.

Modifications (not altering text):

C45
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. 2-4 and sch. part 2, in effect as per reg. 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) …

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.

4. (1) The functions vested in the Minister for Health – …

(b) by or under the provisions of the enactments specified in Part 2 of the Schedule, and

are transferred to the Minister for Children, Equality, Disability, Integration and Youth.

(2) References to the Minister for Health contained in any Act or instrument made under such Act, and relating to any relevant function shall, on and after the commencement of this Order, be construed as references to the Minister for Children, Equality, Disability, Integration and Youth.

…

SCHEDULE

…

Part 2

…

Sections 67C and 67D of the Health Act 1970 (No. 1 of 1970)

…

Editorial Notes:

E271
Power pursuant to subs. (2) exercised (7.01.2022) by Health (Residential Support Services Maintenance and Accommodation Contributions) (Amendment) Regulations 2022 (S.I. No. 1 of 2022), in effect as per reg. 1(2).

E272
Power pursuant to subs. (2) exercised (20.03.2019 and 29.03.2019) by Health (Residential Support Services Maintenance And Accommodation Contributions) (Amendment) Regulations 2019 (S.I. No. 106 of 2019), in effect as per regs. 3, 4.

E273
Power pursuant to subs. (2) exercised (2.09.2016 and 1.01.2017) by Health (Residential Support Services Maintenance and Accommodation Contributions) Regulations 2016 (S.I. No. 467 of 2016), in effect as per reg. 1(2) and on signature.

E274
Previous affecting provision: power pursuant to subs. (2) exercised (21.03.2018 and 2.04.2018) by Health (Residential Support Services Maintenance and Accommodation Contributions) (Amendment) Regulations 2018 (S.I. No. 94 of 2018), in effect as per reg. 3(a), (b); revoked (29.03.2019) by Health (Residential Support Services Maintenance And Accommodation Contributions) (Amendment) Regulations 2019 (S.I. No. 106 of 2019), reg. 6, in effect as per reg. 4.

E275
Previous affecting provision: power pursuant to subs. (2) exercised (8.03.2017 and other dates in March 2017) by Health (Residential Support Services Maintenance and Accommodation Contributions) (Amendment) Regulations 2017 (S.I. No. 58 of 2017), in effect as per regs. 1(3), 3; revoked (21.03.2018) by Health (Residential Support Services Maintenance and Accommodation Contributions) (Amendment) Regulations 2018 (S.I. No. 94 of 2018), in effect as per reg. 3(a).

Section 67D
F137[

Waiver of residential support services maintenance and accommodation contributions.

67D.—(1) (a) The Health Service Executive may waive (in whole or in part) the obligation of a person to make payment of a residential support services maintenance and accommodation contribution.

(b) The Health Service Executive shall not exercise the power referred to in paragraph (a) unless, having regard to the financial circumstances of the person concerned, it is satisfied that—

(i) it is necessary to do so in order to avoid undue financial hardship on the part of the person concerned or his or her dependants,

(ii) it is necessary to do so, or that doing so would be of significant benefit, in advancing the medical, therapeutic, rehabilitative or health-related needs of the person concerned (including, where a care plan has been prepared for that person by or on behalf of the Health Service Executive, needs relating to meeting objectives specified in such a care plan), or

(iii) it is reasonable to do so having regard to the extent to which the person concerned provides for his or her own maintenance F138[or accommodation, or both].

(2) The Health Service Executive shall exercise the power referred to in subsection (1) in accordance with such guidelines as stand approved by the Minister pursuant to this section.

(3) Where the Health Service Executive exercises the power under subsection (1), it shall in each case record in writing the basis for the decision to exercise that power.

(4) The Health Service Executive shall prepare guidelines relating to the exercise of the power referred to in subsection (1), and where requested to do so by the Minister shall prepare revised guidelines.

(5) Guidelines prepared by the Health Service Executive under subsection (4) shall be submitted by the Health Service Executive to the Minister.

(6) Where guidelines are submitted to the Minister pursuant to subsection (5), the Minister may—

(a) with the consent of the Minister for Public Expenditure and Reform, approve the guidelines concerned,

(b) with the consent of the Minister for Public Expenditure and Reform, approve the guidelines concerned subject to specified amendments, or

(7) Where guidelines stand approved under this section, the Minister may revoke such guidelines.

(8) The Health Service Executive shall publish or cause to be published, in such manner as it considers appropriate, guidelines standing approved by the Minister pursuant to this section.]

Annotations

Amendments:

F137
Inserted (2.09.2016) by Health (Amendment) Act 2013 (31/2013), s. 19, S.I. No. 466 of 2016.

F138
Inserted (2.09.2016) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 44, commenced as per s. 1(3) and S.I. No. 466 of 2016.

Modifications (not altering text):

C46
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. 2-4 and sch. part 2, in effect as per reg. 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) …

4. (1) The functions vested in the Minister for Health – …

(b) by or under the provisions of the enactments specified in Part 2 of the Schedule, and

are transferred to the Minister for Children, Equality, Disability, Integration and Youth.

…

SCHEDULE

…

Part 2

…

Sections 67C and 67D of the Health Act 1970 (No. 1 of 1970)

…

Section 67E
F139[

Contraception services for certain women.

67E.—(1) The Health Service Executive shall make available without charge contraception services for women who are ordinarily resident in the State—

(a) who have attained the age of 17 years but not yet attained the age of 26 years, or

(b) who are within such class or classes of ages as may be prescribed by the Minister under subsection (5), and

such women shall, in this section, be referred to as “relevant women”.

(2) Insofar as the contraception services relate to the provision of applicable services to a relevant woman, the relevant woman may choose to receive such services from any person who has entered into an agreement with the Health Service Executive for the provision of those services and who is willing to accept that woman as a patient.

(3) Insofar as the contraception services relate to the provision of relevant products to a relevant woman, the relevant woman shall be entitled to receive a relevant product from a pharmacy provider.

(4) Notwithstanding subsections (1) and (2), the following shall apply in respect of a woman who is ordinarily resident in the State (whether or not she falls within the definition of a relevant woman) and who has had a long-acting reversible contraceptive device fitted before she attained the age of 26 years (or such other age as may be prescribed by the Minister under subsection (5)), namely:

(a) the woman concerned may, notwithstanding that she has attained the age of 26 years (or such other age as may be prescribed by the Minister under subsection (5)), choose to seek the removal of such device by any person who has entered into an agreement with the Health Service Executive for the provision of contraception services and who is willing to accept her as a patient;

(b) the Health Service Executive shall, in respect of that woman, make available such removal without charge.

(5) Subject to subsection (6), the Minister, after consultation with the Minister for Public Expenditure and Reform, may, for the purposes of subsection (1)(b) and subsection (4), by regulation prescribe such further age or class or classes of ages in respect of women to whom the contraception services referred to in subsections (1) and (4) shall be made available under this section.

(6) In making regulations under subsection (5), the Minister shall not prescribe an age under the age of 17 years.]

F140[(7) The Minister may, with the consent of the Minister for Public Expenditure and Reform, by regulation prescribe the amount or the rate of payment to be made to—

(a) scheme providers in respect the provision of applicable services by them under agreements referred to in subsection (2), or

(b) pharmacy providers in respect of the dispensing of relevant products by them under this section.

(8) Regulations made under subsection (7) may prescribe different amounts or rates—

(a) in respect of different contraception services or different classes of contraception services, or in respect of the provision of contraception services or different classes of contraception services to different classes of relevant women, or

(b) in respect of different scheme providers or pharmacy providers or different classes of scheme providers or pharmacy providers.

(9) Regulations under this section may contain such incidental, supplementary, consequential or transitional provisions as appear to the Minister to be necessary for the purposes of the regulations.

(10) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(11) In this section—

“Act of 2013” means the Health (Pricing and Supply of Medical Goods) Act 2013;

“applicable services” means—

(a) such number of consultations with a scheme provider required by a relevant woman in a year for the purposes of obtaining a prescription for accessing relevant products, and

(b) the fitting (including such further follow-up consultation as is necessary) and removal by a scheme provider of a long-acting reversible contraceptive device;

“contraception services”, means, in relation to a relevant woman—

(a) applicable services, or

(b) relevant products,

or both, made available without charge under this section;

“pharmacy provider” means a retail pharmacy business (within the meaning of section 2(1) of the Pharmacy Act 2007) who has entered into an agreement with the Health Service Executive for the dispensing of relevant products;

“registered medical practitioner” has the same meaning as it has in section 2 of the Medical Practitioners Act 2007;

“relevant products”, subject to sections 20 and 23 of the Act of 2013, means contraceptive drugs, medicines and products (including long‑acting reversible contraceptive devices and emergency contraceptives) for the time being—

(a) standing approved by the Heath Service Executive, or

(b) on the Reimbursement List within the meaning of section 2(1) of the Act of 2013;

“scheme provider” means a registered medical practitioner who has entered into an agreement with the Health Service Executive for the provision of applicable services.]

Annotations

Amendments:

F139
Inserted (14.09.2022) by Health (Miscellaneous Provisions) (No. 2) Act 2022 (20/2022), s. 6, S.I. No. 452 of 2022, art 3.

F140
Inserted (30.08.2022) by Health (Miscellaneous Provisions) (No. 2) Act 2022 (20/2022), s. 6, S.I. No. 425 of 2022, art. 2(b).

Editorial Notes:

E276
Power pursuant to subs. (5) exercised (1.01.2024) by Health Act 1970 (Section 67E) (Prescription of Further Age to Whom Contraceptive Services Will Be Made Available Without Charge) (Amendment) (No. 2) Regulations 2023 (S.I. No. 614 of 2023), in effect as per reg. 2.

E277
Power pursuant to subs. (5) exercised (1.09.2023) by Health Act 1970 (Section 67E) (Prescription of Further Age to Whom Contraceptive Services Will Be Made Available Without Charge) (Amendment) Regulations 2023 (S.I. No. 408 of 2023), in effect as per reg. 2.

E278
Power pursuant to subs. (5) exercised (1.01.2023) by Health Act 1970 (Section 67E) (Prescription of Further Age to Whom Contraceptive Services Will Be Made Available Without Charge) Regulations 2022 (S.I. No. 675 of 2022), in effect as per reg. 1(2).

E279
Power pursuant to subs. (7) exercised (8.09.2022) by Health Act 1970 (Section 67E) (Payments in respect of Contraception Services) Regulations 2022 (S.I. No. 451 of 2022), in effect as per reg. 1(2).

E280
The section heading is taken from the amending section in the absence of one included in the amendment.

Section 68

Rehabilitation services.

68.—(1) A health board shall make available a service for the training of disabled persons for employment suitable to their condition of health, and for the making of arrangements with employers for placing disabled persons in suitable employment.

(2) For the purposes of subsection (1) a health board may provide and maintain premises, workshops, farms, gardens, materials, equipment and similar facilities.

(3) A health board may provide equipment, materials or similar articles for a disabled adult person where neither the person nor the person’s spouse F141[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] (if any) is able to provide for his maintenance.

Annotations

Amendments:

F141
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 5, S.I. No. 648 of 2010.

Modifications (not altering text):

C47
References to “health board” construed as references to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.

Definitions (Part 10).

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

(a) the health boards,

…

References to specified bodies.

Editorial Notes:

E281
Power pursuant to section exercised (5.07.1973) by Disabled Persons (Rehabilitation) Regulations 1973 (S.I. No. 186 of 1973), in effect as per reg. 2.

Section 69

Maintenance allowances for disabled persons.

69.—F142[…]

Annotations

Amendments:

F142
Repealed (2.10.1996) by Social Welfare Act 1996 (7/1996), s. 15(5), S.I. No. 296 of 1996.

Editorial Notes:

E282
Previous affecting provision: power pursuant to section exercised (5.06.1996) by Disabled Persons Maintenance Allowances Regulations 1996 (S.I. No. 165 of 1996), in effect as per reg. 2; section repealed as per F-note above.

E283
Previous affecting provision: power pursuant to section exercised (30.11.1995) by Maintenance Allowances (Increased Payment) Regulations 1995 (S.I. No. 313 of 1995); spent as per reg. 2.

E284
Previous affecting provision: power pursuant to section exercised (5.06.1995) by Disabled Persons Maintenance Allowances Regulations 1995 (S.I. No. 141 of 1995), in effect as per reg. 2; revoked (5.06.1996) by Disabled Persons Maintenance Allowances Regulations 1996 (S.I. No. 165 of 1996), reg. 16(a), in effect as per reg. 2.

E285
Previous affecting provision: power pursuant to section exercised (11.11.1994) by Maintenance Allowances (Increased Payment) Regulations 1994 (S.I. No. 336 of 1994); spent as per reg. 2.

E286
Previous affecting provision: power pursuant to section exercised (25.07.1994) by Disabled Persons Maintenance Allowances Regulations 1994 (S.I. No. 237 of 1994), in effect as per reg. 2; revoked (5.06.1995) by Disabled Persons Maintenance Allowances Regulations 1995 (S.I. No. 141 of 1995), reg. 16(a), in effect as per reg. 2.

E287
Previous affecting provision: power pursuant to section exercised (12.11.1993) by Maintenance Allowances (Increased Payment) Regulations 1993 (S.I. No. 331 of 1993); spent as per reg. 2.

E288
Previous affecting provision: power pursuant to section exercised (19.07.1993) by Disabled Persons (Maintenance Allowances) Regulations 1993 (S.I. No. 211 of 1993), in effect as per reg. 3; revoked (25.07.1994) by Disabled Persons Maintenance Allowances Regulations 1994 (S.I. No. 237 of 1994), reg. 16(c), in effect as per reg. 2.

E289
Previous affecting provision: power pursuant to section exercised (17.11.1992) by Maintenance Allowances (Increased Payment) Regulations 1992 (S.I. No. 339 of 1992); spent as per reg. 2.

E290
Previous affecting provision: power pursuant to section exercised (27.07.1992) by Disabled Persons (Maintenance Allowances) Regulations 1992 (S.I. No. 212 of 1992), in effect as per reg. 3; revoked (25.07.1994) by Disabled Persons Maintenance Allowances Regulations 1994 (S.I. No. 237 of 1994), reg. 16(b), in effect as per reg. 2.

E291
Previous affecting provision: power pursuant to section exercised (5.12.1991) by Maintenance Allowances (Increased Payment) Regulations 1991 (S.I. No. 309 of 1991); spent as per reg. 2.

E292
Previous affecting provision: power pursuant to section exercised (29.07.1991) by Disabled Persons (Maintenance Allowances) Regulations 1991 (S.I. No. 200 of 1991), in effect as per reg. 3; revoked (25.07.1994) by Disabled Persons Maintenance Allowances Regulations 1994 (S.I. No. 237 of 1994), reg. 16(a), in effect as per reg. 2.

E293
Previous affecting provision: subs. (3) inserted (1.04.1991) by Social Welfare Act 1991 (7/1991), s. 46, commenced on enactment; section repealed as per F-note above.

E294
Previous affecting provision: power pursuant to section exercised (29.11.1990) by Maintenance Allowances (Increased Payment) Regulations 1990 (S.I. No. 284 of 1990); spent as per reg. 2.

E295
Previous affecting provision: power pursuant to section exercised (25.07.1990) by Disabled Persons (Maintenance Allowances) Regulations 1990 (S.I. No. 193 of 1990), in effect as per reg. 3; revoked (29.07.1991) by Disabled Persons (Maintenance Allowances) Regulations 1991 (S.I. No. 200 of 1991), reg. 13, in effect as per reg. 3.

E296
Previous affecting provision: power pursuant to section exercised (5.12.1989) by Maintenance Allowances (Increased Payment) Regulations 1989 (S.I. No. 320 of 1989); spent as per reg. 2.

E297
Previous affecting provision: power pursuant to section exercised (24.07.1989) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1989 (S.I. No. 193 of 1989), in effect as per reg. 2; revoked (25.07.1990) by Disabled Persons (Maintenance Allowances) Regulations 1990 (S.I. No. 193 of 1990), reg. 9, in effect as per reg. 3.

E298
Previous affecting provision: power pursuant to section exercised (1.12.1988) by Maintenance Allowances (Increased Payment) Regulations 1988 (S.I. No. 316 of 1988); spent as per reg. 2.

E299
Previous affecting provision: power pursuant to section exercised (25.07.1988) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1988 (S.I. No. 150 of 1988), in effect as per reg. 2; rendered obsolete by revocation of Disabled Persons (Maintenance Allowances) Regulations 1984 (S.I. No. 71 of 1984) (25.07.1990) by Disabled Persons (Maintenance Allowances) Regulations 1990 (S.I. No. 193 of 1990), reg. 9, in effect as per reg. 3.

E300
Previous affecting provision: power pursuant to section exercised (4.12.1987) by Disabled Persons (Maintenance Allowances) (No. 2) Regulations 1987 (S.I. No. 305 of 1987), in effect as per reg. 2; spent as per reg. 2.

E301
Previous affecting provision: power pursuant to section exercised (24.07.1987) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1987 (S.I. No. 196 of 1987), in effect as per reg. 2; revoked (25.07.1988) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1988 (S.I. No. 150 of 1988), reg. 4, in effect as per reg. 2.

E302
Previous affecting provision: power pursuant to section exercised (5.12.1986) by Disabled Persons (Maintenance Allowances) (No. 2) Regulations 1986 (S.I. No. 403 of 1986); spent as per reg. 2.

E303
Previous affecting provision: power pursuant to section exercised (17.07.1986) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1986 (S.I. No. 252 of 1986), in effect as per reg. 2; revoked (24.07.1987) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1987 (S.I. No. 196 of 1987), reg. 4, in effect as per reg. 3.

E304
Previous affecting provision: power pursuant to section exercised (26.11.1985) by Disabled Persons (Maintenance Allowances) (No. 2) Regulations 1985 (S.I. No. 373 of 1985); spent as per reg. 2.

E305
Previous affecting provision: power pursuant to section exercised (11.07.1985) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1985 (S.I. No. 190 of 1985), in effect as per reg. 2; revoked (17.07.1986) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1986 (S.I. No. 252 of 1986), reg. 4, in effect as per reg. 2.

E306
Previous affecting provision: power pursuant to section exercised (27.11.1984) by Disabled Persons (Maintenance Allowances) (No. 2) Regulations 1984 (S.I. No. 305 of 1984); spent as per reg. 2.

E307
Previous affecting provision: power pursuant to section exercised (13.03.1984) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1984 (S.I. No. 71 of 1984); revoked (25.07.1990) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1990 (S.I. No. 193 of 1990), reg. 9, in effect as per reg. 3.

E308
Previous affecting provision: power pursuant to section exercised (2.12.1983) by Disabled Persons (Maintenance Allowances) (No. 2) Regulations 1983 (S.I. No. 361 of 1983); spent as per reg. 2.

E309
Previous affecting provision: power pursuant to section exercised (27.06.1983) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1983 (S.I. No. 154 of 1983), in effect as per reg. 2; section repealed as per F-note above.

E310
Previous affecting provision: power pursuant to section exercised (29.11.1982) by Disabled Persons (Maintenance Allowances) (No. 3) Regulations 1982 (S.I. No. 340 of 1982); spent as per reg. 2.

E311
Previous affecting provision: power pursuant to section exercised (1.09.1982) by Disabled Persons (Maintenance Allowances) (No. 2) Regulations 1982 (S.I. No. 285 of 1982); spent as per reg. 2.

E312
Previous affecting provision: power pursuant to section exercised (1.04.1982) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1982 (S.I. No. 77 of 1982), in effect as per reg. 2; rendered obsolete on revocation of Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1981 (S.I. No. 341 of 1981) (13.03.1984) by Disabled Persons (Maintenance Allowances) Regulations 1984 (S.I. No. 71 of 1984), reg. 6.

E313
Previous affecting provision: power pursuant to section exercised (25.12.1981) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 3) Regulations 1981 (S.I. No. 407 of 1981); spent as per reg. 2.

E314
Previous affecting provision: power pursuant to section exercised (1.10.1981) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1981 (S.I. No. 341 of 1981), in effect as per regs. 2, 7; revoked (13.03.1984) by Disabled Persons (Maintenance Allowances) Regulations 1984 (S.I. No. 71 of 1984), reg. 6.

E315
Previous affecting provision: power pursuant to section exercised (1.04.1981) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1981 (S.I. No. 100 of 1981); rendered obsolete by revocation of Disabled Persons (Maintenance Allowances) Regulations 1973 (S.I. No. 160 of 1973) (1.10.1981) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1981 (S.I. No. 341 of 1981), reg. 7, in effect as per reg. 2.

E316
Previous affecting provision: power pursuant to section exercised (4.12.1980) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1980 (S.I. No. 367 of 1980); spent as per reg. 2.

E317
Previous affecting provision: power pursuant to section exercised (1.04.1980) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1980 (S.I. No. 92 of 1980), in effect as per reg. 2; rendered obsolete by revocation of Disabled Persons (Maintenance Allowances) Regulations 1973 (S.I. No. 160 of 1973) (1.10.1980) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1981 (S.I. No. 341 of 1981), reg. 7, in effect as per reg. 2.

E318
Previous affecting provision: power pursuant to section exercised (7.10.1979) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1979 (S.I. No. 338 of 1979); superseded (1.04.1980) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1980 (S.I. No. 92 of 1980), reg. 2.

E319
Previous affecting provision: power pursuant to section exercised (1.04.1979) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1979 (S.I. No. 79 of 1979); superseded (7.10.1979) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1979 (S.I. No. 338 of 1979), reg. 2.

E320
Previous affecting provision: power pursuant to section exercised (3.03.1978) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1978 (S.I. No. 54 of 1978); rendered obsolete by revocation of Disabled Persons (Maintenance Allowances) Regulations 1973 (S.I. No. 160 of 1973) (1.10.1981) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1981 (S.I. No. 341 of 1981), reg. 7, in effect as per regs. 2, 7.

E321
Previous affecting provision: power pursuant to section exercised (1.10.1977) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1977 (S.I. No. 314 of 1977); superseded (1.04.1978) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1978 (S.I. No. 54 of 1978), reg. 2.

E322
Previous affecting provision: power pursuant to section exercised (21.03.1977) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1977 (S.I. No. 79 of 1977); superseded (1.10.1977) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1977 (S.I. No. 314 of 1977), reg. 2.

E323
Previous affecting provision: power pursuant to section exercised (16.11.1976) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1976 (S.I. No. 260 of 1976); superseded (21.03.1977) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1977 (S.I. No. 79 of 1977), reg. 2.

E324
Previous affecting provision: power pursuant to section exercised (22.03.1976) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1976 (S.I. No. 67 of 1976); superseded (16.11.1976) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1976 (S.I. No. 260 of 1976), reg. 3.

E325
Previous affecting provision: power pursuant to section exercised (1.10.1975) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1975 (S.I. No. 221 of 1975), in effect as per reg. 2; superseded (22.03.1976) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1976 (S.I. No. 67 of 1976), reg. 3.

E326
Previous affecting provision: power pursuant to section exercised (1.04.1975) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1975 (S.I. No. 39 of 1975), in effect as per reg. 2; superseded (1.10.1975) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1975 (S.I. No. 221 of 1975), reg. 3, in effect as per reg. 2.

E327
Previous affecting provision: power pursuant to section exercised (1.07.1974) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1974 (S.I. No. 185 of 1974), in effect as per reg. 2; superseded (1.04.1975) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1975 (S.I. No. 39 of 1975), reg. 3, in effect as per reg. 2.

E328
Previous affecting provision: power pursuant to section exercised (5.07.1973) by Disabled Persons (Rehabilitation) Regulations 1973 (S.I. No. 186 of 1973), in effect as per reg. 2; section repealed as per F-note above.

E329
Previous affecting provision: power pursuant to section exercised (1.07.1973) by Disabled Persons (Maintenance Allowances) Regulations 1973 (S.I. No. 160 of 1973), in effect as per reg. 2; revoked (1.10.1981) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1981 (S.I. No. 341 of 1981), reg. 7, in effect as per regs. 2, 7.

Section 70
Screening tests.

70.—A health board shall make arrangements for carrying out tests on persons without charge, for the purpose of ascertaining the presence of a particular disease, defect or condition that may be prescribed.

Annotations

Modifications (not altering text):

C48
Reference to “health board” construed as reference to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.

Definitions (Part 10).

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

(a) the health boards,

…

References to specified bodies.

Section 71

Information and advice on health.

71.—(1) The Minister may make arrangements for the dissemination of information and advice on matters relating to health and health services.

F143[(2) A health board shall, in respect of its functional area, develop and implement health promotion programmes, having regard to the needs of people residing in its functional area and the policies and objectives of the Minister in relation to health promotion generally.]

Annotations

Amendments:

F143
Substituted (6.11.1996) by Health (Amendment) (No. 3) Act 1996 (32/1996), s. 17(g), commenced on enactment.

Modifications (not altering text):

C49
Reference to “health board” construed as reference to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.

Definitions (Part 10).

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

(a) the health boards,

…

References to specified bodies.

Chapter VI

Miscellaneous Provisions Regarding Services

Section 72

Regulations.

72.—(1) The Minister may make regulations applicable to all health boards or to one or more than one health board regarding the manner in which and the extent to which the board or boards shall make available services under this Act and generally in relation to the administration of those services.

(2) Regulations under this section may provide for any service under this Act being made available only to a particular class of the persons who have eligibility for that service.

(3) Notwithstanding any other provision of this Act, regulations made under the Health Act, 1953 shall continue in operation and shall be deemed to have been made under this Act and to be capable of amendment or revocation accordingly.

Annotations

Modifications (not altering text):

C50
Reference to “health board” construed as reference to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.

Definitions (Part 10).

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

(a) the health boards,

…

References to specified bodies.

Editorial Notes:

E330
Power pursuant to section exercised (1.01.2018) by Health Services (Drug Payment Scheme) Regulations 2017 (S.I. No. 577 of 2017), in effect as per reg. 2.

E331
Power pursuant to section exercised (1.01.2009) by Health (In-Patient Charges) (Amendment) Regulations 2008 (S.I. No. 543 of 2008), in effect as per reg. 3.

E332
Power pursuant to section exercised (15.12.2006) by Health (Charges for In-Patient Services) (Amendment) Regulations 2006 (S.I. No. 649 of 2006), in effect as per reg. 3.

E333
Power pursuant to section exercised (1.01.2005) by Health (In-Patient Charges) (Amendment) Regulations 2004 (S.I. No. 825 of 2004), in effect as per reg. 3.

E334
Power pursuant to section exercised (25.07.2003) by Health (In-Patient Charges) (Amendment) Regulations 2003 (S.I. No. 348 of 2003).

E335
Power pursuant to section exercised (31.01.2002) by Health (Community Pharmacy Contractor Agreement) Regulations, 1996 (Revocation) Regulations 2002 (S.I. No. 28 of 2002).

E336
Power pursuant to section exercised (1.08.1998) by Health Board (Miscellaneous Assignment of Duties) Regulations 1998 (S.I. No. 251 of 1998), in effect as per reg. 3.

E337
Power pursuant to section exercised (5.06.1996) by Disabled Persons Maintenance Allowances Regulations 1996 (S.I. No. 165 of 1996), in effect as per reg. 2.

E338
Power pursuant to section exercised (1.06.1990) by Health Services (Amendment) Regulations 1990 (S.I. No. 132 of 1990), in effect as per reg. 3.

E339
Power pursuant to section exercised (1.01.1984) by Health Services (No. 3) Regulations 1983 (S.I. No. 381 of 1983), in effect as per reg. 4.

E340
Power pursuant to section exercised (27.06.1983) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1983 (S.I. No. 154 of 1983), in effect as per reg. 2.

E341
Power pursuant to section exercised (1.06.1983) by Health Services (No. 2) Regulations 1983 (S.I. No. 139 of 1983), in effect as per reg. 7.

E342
Power pursuant to section exercised (1.04.1975) by Health Services (Amendment) Regulations 1975 (S.I. No. 64 of 1975), in effect as per reg. 2.

E343
Power pursuant to section exercised (5.07.1973) by Disabled Persons (Rehabilitation) Regulations 1973 (S.I. No. 186 of 1973), in effect as per reg. 2.

E344
Power pursuant to section exercised (1.04.1972) by Health Services Regulations 1972 (S.I. No. 88 of 1972), in effect as per reg. 3.

E345
Power pursuant to section exercised (1.10.1971) by Health Services (Amendment) Regulations 1971 (S.I. No. 277 of 1971), in effect as per reg. 3.

E346
Power pursuant to section exercised (1.04.1971) by Health Services Regulations 1971 (S.I. No. 105 of 1971), in effect as per reg. 3.

E347
Previous affecting provision: power pursuant to section exercised (1.01.2013) by Health Services (Drug Payment Scheme) Regulations 2012 (S.I. No. 526 of 2012), in effect as per reg. 2; revoked (1.01.2017) by Health Services (Drug Payment Scheme) Regulations 2017 (S.I. No. 577 of 2017), reg. 3, in effect as per reg. 2.

E348
Previous affecting provision: power pursuant to section exercised (1.01.2012) by Health Services (Drug Payment Scheme) Regulations 2011 (S.I. No. 648 of 2011), in effect as per reg. 2; revoked (1.01.2013) by Health Services (Drug Payment Scheme) Regulations 2012 (S.I. No. 526 of 2012), reg. 3, in effect as per reg. 2.

E349
Previous affecting provision: power pursuant to subs. (2) exercised (23.07.2011) by Health (Charges for In-Patient Services) (Amendment) Regulations 2011 (S.I. No. 382 of 2011), in effect as per reg. 6; rendered obsolete by revocation of Health (Charges For In-Patient Services) Regulations 2005 (S.I. No. 276 of 2005) (1.01.2017) by Health (Residential Support Services Maintenance and Accommodation Contributions) Regulations 2016 (S.I. No. 467 of 2016), reg. 3, in effect as per reg. 1(2).

E350
Previous affecting provision: power pursuant to section exercised (1.01.2010) by Health Services (Drugs Payment Scheme) Regulations 2009 (S.I. No. 536 of 2009), in effect as per reg. 2; revoked (1.01.2012) by Health Services (Drug Payment Scheme) Regulations 2011 (S.I. No. 648 of 2011), reg. 3, in effect as per reg. 2.

E351
Previous affecting provision: power pursuant to section exercised (1.01.2009) by Health (Out-Patient Charges) (Amendment) Regulations 2008 (S.I. No. 544 of 2008), in effect as per reg. 2; rendered obsolete by revocation of Health (Out-Patient Charges) Regulations 1994 (S.I. No. 37 of 1994) (1.03.2013) by Health (Out-Patient Charges) Regulations 2013 (S.I. No. 45 of 2013), reg. 4.

E352
Previous affecting provision: power pursuant to section exercised (1.01.2009) by Health (Charges for In-Patient Services) (Amendment) Regulations 2008 (S.I. No. 521 of 2008), in effect as per reg. 4; rendered obsolete by revocation of Health (Charges For In-Patient Services) Regulations 2005 (S.I. No. 276 of 2005) (1.01.2017) by Health (Residential Support Services Maintenance and Accommodation Contributions) Regulations 2016 (S.I. No. 467 of 2016), reg. 3, in effect as per reg. 1(2) .

E353
Previous affecting provision: power pursuant to section exercised (1.01.2009) by Health Services Regulations 2008 (S.I. No. 519 of 2008), in effect as per reg. 2; revoked (1.01.2010) by Health Services (Drugs Payment Scheme) Regulations 2009 (S.I. No. 536 of 2009), reg. 3, in effect as per reg. 2.

E354
Previous affecting provision: power pursuant to section exercised (1.01.2008) by Health Services Regulations 2007 (S.I. No. 837 of 2007), in effect as per reg. 2; revoked (1.01.2009) by Health Services Regulations 2008 (S.I. No. 519 of 2008), reg. 3, in effect as per reg. 2.

E355
Previous affecting provision: power pursuant to section exercised (1.01.2008) by Health (Out-Patient Charges) (Amendment) Regulations 2007 (S.I. No. 825 of 2007), in effect as per reg. 2; superseded (1.01.2009) by Health (Out-Patient Charges) (Amendment) Regulations 2008 (S.I. No. 544 of 2008), reg. 3, in effect as per reg. 2.

E356
Previous affecting provision: power pursuant to section exercised (1.01.2008) by Health (In-Patient Charges) (Amendment) Regulations 2007 (S.I. No. 824 of 2007), in effect as per reg. 3; superseded (1.01.2009) by Health (In-Patient Charges) (Amendment) Regulations 2008 (S.I. No. 543 of 2008), reg. 2, in effect as per reg 3.

E357
Previous affecting provision: power pursuant to section exercised (15.12.2006) by Health (Charges for In-Patient Services) (Amendment) Regulations 2006 (S.I. No. 649 of 2006), in effect as per reg. 3; rendered obsolete by revocation of Health (Charges For In-Patient Services) Regulations 2005 (S.I. No. 276 of 2005) (1.01.2017) by Health (Residential Support Services Maintenance and Accommodation Contributions) Regulations 2016 (S.I. No. 467 of 2016), reg. 3, in effect as per reg. 1(2).

E358
Previous affecting provision: power pursuant to section exercised (1.01.2006) by Health (In-Patient Charges) (Amendment) Regulations 2005 (S.I. No. 762 of 2005), in effect as per reg. 3; superseded (1.01.2008) by Health (In-Patient Charges) (Amendment) Regulations 2007 (S.I. No. 824 of 2007), reg. 2, in effect as per reg. 3.

E359
Previous affecting provision: power pursuant to section exercised (1.01.2006) by Health (Out-Patient Charges) (Amendment) Regulations 2005 (S.I. No. 761 of 2005), in effect as per reg. 2; superseded (1.01.2008) by Health (Out-Patient Charges) (Amendment) Regulations 2007 (S.I. No. 825 of 2007), reg. 3, in effect as per reg. 2.

E360
Previous affecting provision: power pursuant to section exercised (14.06.2005) by Health (Charges For In-Patient Services) Regulations 2005 (S.I. No. 276 of 2005); revoked (1.01.2017) by Health (Residential Support Services Maintenance and Accommodation Contributions) Regulations 2016 (S.I. No. 467 of 2016), reg. 3, in effect as per reg. 1(2).

E361
Previous affecting provision: power pursuant to section exercised (1.01.2005) by Health Services Regulations 2005 (S.I. No. 832 of 2004), in effect as per reg. 2; revoked (1.01.2008) by Health Services Regulations 2007 (S.I. No. 837 of 2007), reg. 3, in effect as per reg. 2.

E362
Previous affecting provision: power pursuant to section exercised (1.01.2005) by Health (Out-Patient Charges) (Amendment) Regulations 2004 (S.I. No. 826 of 2004), in effect as per reg. 2; superseded (1.01.2006) by Health (Out-Patient Charges) (Amendment) Regulations 2005 (S.I. No. 761 of 2005), reg. 3, in effect as per reg. 2.

E363
Previous affecting provision: power pursuant to section exercised (1.01.2005) by Health (In-Patient Charges) (Amendment) Regulations 2004 (S.I. No. 825 of 2004), in effect as per reg. 3; superseded (14.06.2005) by Health (Charges For In-Patient Services) Regulations 2005 (S.I. No. 276 of 2005), reg. 2, in effect as per reg. 3.

E364
Previous affecting provision: power pursuant to section exercised (1.01.2004) by Health Services Regulations 2004 (S.I. No. 658 of 2003), in effect as per reg. 2; revoked (1.01.2005) by Health Services Regulations 2005 (S.I. No. 832 of 2004), reg. 3, in effect as per reg. 2.

E365
Previous affecting provision: power pursuant to section exercised (25.07.2003) by Health (Out-Patient Charges) (Amendment) Regulations 2003 (S.I. No. 349 of 2003); rendered obsolete by revocation of Health (Out-Patient Charges) Regulations 1994 (S.I. No. 37 of 1994) (1.03.2013) by Health (Out-Patient Charges) Regulations 2013 (S.I. No. 45 of 2013), reg. 4.

E366
Previous affecting provision: power pursuant to section exercised (1.01.2003) by Health Services Regulations 2003 (S.I. No. 603 of 2002), in effect as per reg. 2; revoked (1.01.2004) by Health Services Regulations 2004 (S.I. No. 658 of 2003), reg. 3, in effect as per reg. 2.

E367
Previous affecting provision: power pursuant to section exercised (1.08.2002) by Health Services Regulations 2002 (S.I. No. 368 of 2002), in effect as per reg. 2; revoked (1.01.2003) by Health Services Regulations 2003 (S.I. No. 603 of 2002), reg. 3, in effect as per reg. 2.

E368
Previous affecting provision: power pursuant to section exercised (1.03.2001) by Health Services Regulations 2001 (S.I. No. 66 of 2001), in effect as per reg. 2; revoked (1.08.2002) by Health Services Regulations 2002 (S.I. No. 368 of 2002), reg. 3, in effect as per reg. 2.

E369
Previous affecting provision: power pursuant to section exercised (30.11.1995) by Maintenance Allowances (Increased Payment) Regulations 1995 (S.I. No. 313 of 1995); spent as per reg. 2.

E370
Previous affecting provision: power pursuant to section exercised (5.06.1995) by Disabled Persons Maintenance Allowances Regulations 1995 (S.I. No. 141 of 1995), in effect as per reg. 2; revoked (5.06.1996) by Disabled Persons Maintenance Allowances Regulations 1996 (S.I. No. 165 of 1996), reg. 16(a), in effect as per reg. 2.

E371
Previous affecting provision: power pursuant to section exercised (11.11.1994) by Maintenance Allowances (Increased Payment) Regulations 1994 (S.I. No. 336 of 1994); spent as per reg. 2.

E372
Previous affecting provision: power pursuant to section exercised (25.07.1994) by Disabled Persons Maintenance Allowances Regulations 1994 (S.I. No. 237 of 1994), in effect as per reg. 2; revoked (5.06.1995) by Disabled Persons Maintenance Allowances Regulations 1995 (S.I. No. 141 of 1995), reg. 16(a), in effect as per reg. 2.

E373
Previous affecting provision: power pursuant to section exercised (12.11.1993) by Maintenance Allowances (Increased Payment) Regulations 1993 (S.I. No. 331 of 1993); spent as per reg. 2.

E374
Previous affecting provision: power pursuant to subs. (1) exercised (1.09.1993) by Health (In-Patient Services) Regulations 1993 (S.I. No. 224 of 1993), in effect as per reg. 2; revoked (25.07.1994) by Health (Nursing Homes) (Amendment) Act 2007 (1/2007), s. 9, S.I. No. 409 of 2007.

E375
Previous affecting provision: power pursuant to section exercised (19.07.1993) by Disabled Persons (Maintenance Allowances) Regulations 1993 (S.I. No. 211 of 1993), in effect as per reg. 3; revoked (25.07.1994) by Disabled Persons Maintenance Allowances Regulations 1994 (S.I. No. 237 of 1994), reg. 16(c), in effect as per reg. 2.

E376
Previous affecting provision: power pursuant to section exercised (12.11.1993) by Maintenance Allowances (Increased Payment) Regulations 1992 (S.I. No. 339 of 1992); spent as per reg. 2.

E377
Previous affecting provision: power pursuant to section exercised (27.07.1992) by Disabled Persons (Maintenance Allowances) Regulations 1992 (S.I. No. 212 of 1992), in effect as per reg. 3; revoked (25.07.1994) by Disabled Persons Maintenance Allowances Regulations 1994 (S.I. No. 237 of 1994), reg. 16(b), in effect as per reg. 2.

E378
Previous affecting provision: power pursuant to section exercised (5.12.1991) by Maintenance Allowances (Increased Payment) Regulations 1991 (S.I. No. 309 of 1991); spent as per reg. 2.

E379
Previous affecting provision: power pursuant to section exercised (1.08.1991) by Health Services Regulations 1991 (S.I. No. 203 of 1991), in effect as per reg. 2; revoked (1.03.2001) by Health Services Regulations 2001 (S.I. No. 66 of 2001), reg. 3, in effect as per reg. 2.

E380
Previous affecting provision: power pursuant to section exercised (29.07.1991) by Disabled Persons (Maintenance Allowances) Regulations 1991 (S.I. No. 200 of 1991), in effect as per reg. 3; revoked (25.07.1994) by Disabled Persons Maintenance Allowances Regulations 1994 (S.I. No. 237 of 1994), reg. 16(a), in effect as per reg. 2.

E381
Previous affecting provision: power pursuant to section exercised (1.01.1991) by Health Services Regulations 1990 (S.I. No. 334 of 1990), in effect as per reg. 2; revoked (1.08.1991) by Health Services Regulations 1991 (S.I. No. 203 of 1991), reg. 4, in effect as per reg. 2.

E382
Previous affecting provision: power pursuant to section exercised (29.11.1990) by Maintenance Allowances (Increased Payment) Regulations 1990 (S.I. No. 284 of 1990); spent as per reg. 2.

E383
Previous affecting provision: power pursuant to section exercised (25.07.1990) by Disabled Persons (Maintenance Allowances) Regulations 1990 (S.I. No. 193 of 1990), in effect as per reg. 3; revoked (29.07.1991) by Disabled Persons (Maintenance Allowances) Regulations 1991 (S.I. No. 200 of 1991), reg. 13, in effect as per reg. 3.

E384
Previous affecting provision: power pursuant to section exercised (5.12.1989) by Maintenance Allowances (Increased Payment) Regulations 1989 (S.I. No. 320 of 1989); spent as per reg. 2.

E385
Previous affecting provision: power pursuant to section exercised (24.07.1989) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1989 (S.I. No. 193 of 1989), in effect as per reg. 2; revoked (25.07.1990) by Disabled Persons (Maintenance Allowances) Regulations 1990 (S.I. No. 193 of 1990), reg. 9, in effect as per reg. 3.

E386
Previous affecting provision: power pursuant to section exercised (1.06.1989) by Health Services (Amendment) Regulations 1989 (S.I. No. 113 of 1989), in effect as per reg. 3; superseded (1.06.1990) by Health Services (Amendment) Regulations 1990 (S.I. No. 132 of 1990), in effect as per reg. 3.

E387
Previous affecting provision: power pursuant to section exercised (1.12.1988) by Maintenance Allowances (Increased Payment) Regulations 1988 (S.I. No. 316 of 1988); spent as per reg. 2.

E388
Previous affecting provision: power pursuant to section exercised (25.07.1988) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1988 (S.I. No. 150 of 1988), in effect as per reg. 2; rendered obsolete by revocation of Disabled Persons (Maintenance Allowances) Regulations 1984 (S.I. No. 71 of 1984) (25.07.1990) by Disabled Persons (Maintenance Allowances) Regulations 1990 (S.I. No. 193 of 1990), reg. 9, in effect as per reg. 3.

E389
Previous affecting provision: power pursuant to section exercised (1.06.1988) by Health Services (Amendment) Regulations 1988 (S.I. No. 106 of 1988), in effect as per reg. 3; superseded (1.06.1989) by Health Services (Amendment) Regulations 1989 (S.I. No. 113 of 1989), in effect as per reg. 3.

E390
Previous affecting provision: power pursuant to section exercised (4.12.1987) by Disabled Persons (Maintenance Allowances) (No. 2) Regulations 1987 (S.I. No. 305 of 1987), in effect as per reg. 2; spent as per reg. 2.

E391
Previous affecting provision: power pursuant to section exercised (24.07.1987) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1987 (S.I. No. 196 of 1987), in effect as per reg. 2; revoked (25.07.1988) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1988 (S.I. No. 150 of 1988), reg. 4, in effect as per reg. 2.

E392
Previous affecting provision: power pursuant to section exercised (1.06.1987) by Health Services (Amendment) (No. 2) Regulations 1987 (S.I. No. 134 of 1987), in effect as per reg. 3; superseded (1.06.1988) by Health Services (Amendment) Regulations 1988 (S.I. No. 106 of 1988), in effect as per reg. 3.

E393
Previous affecting provision: power pursuant to section exercised (5.12.1986) by Disabled Persons (Maintenance Allowances) (No. 2) Regulations 1986 (S.I. No. 403 of 1986); spent as per reg. 2.

E394
Previous affecting provision: power pursuant to section exercised (17.07.1986) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1986 (S.I. No. 252 of 1986), in effect as per reg. 2; revoked (24.07.1987) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1987 (S.I. No. 196 of 1987), reg. 4, in effect as per reg. 3.

E395
Previous affecting provision: power pursuant to section exercised (1.06.1986) by Health Services (Amendment) Regulations 1986 (S.I. No. 109 of 1986), in effect as per reg. 3; superseded (1.06.1987) by Health Services (Amendment) (No. 2) Regulations 1987 (S.I. No. 134 of 1987), in effect as per reg. 3.

E396
Previous affecting provision: power pursuant to section exercised (26.11.1985) by Disabled Persons (Maintenance Allowances) (No. 2) Regulations 1985 (S.I. No. 373 of 1985); spent as per reg. 2.

E397
Previous affecting provision: power pursuant to section exercised (11.07.1985) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1985 (S.I. No. 190 of 1985), in effect as per reg. 2; revoked (17.07.1986) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1986 (S.I. No. 252 of 1986), reg. 4, in effect as per reg. 2.

E398
Previous affecting provision: power pursuant to section exercised (1.06.1985) by Health Services (Amendment) Regulations 1985 (S.I. No. 145 of 1985), in effect as per reg. 3; superseded (1.06.1986) by Health Services (Amendment) Regulations 1986 (S.I. No. 109 of 1986), in effect as per reg. 3.

E399
Previous affecting provision: power pursuant to section exercised (27.11.1984) by Disabled Persons (Maintenance Allowances) (No. 2) Regulations 1984 (S.I. No. 305 of 1984); spent as per reg. 2.

E400
Previous affecting provision: power pursuant to section exercised (1.06.1984) by Health Services (Amendment) Regulations 1984 (S.I. No. 123 of 1984), in effect as per reg. 3; superseded (1.06.1985) by Health Services (Amendment) Regulations 1985 (S.I. No. 145 of 1985), in effect as per reg. 3.

E401
Previous affecting provision: power pursuant to section exercised (13.03.1984) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1984 (S.I. No. 71 of 1984); revoked (25.07.1990) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1990 (S.I. No. 193 of 1990), reg. 9, in effect as per reg. 3.

E402
Previous affecting provision: power pursuant to section exercised (1.01.1984) by Health Services (No. 4) Regulations 1983 (S.I. No. 389 of 1983), in effect as per reg. 2; revoked (1.08.1991) by Health Services Regulations 1991 (S.I. No. 203 of 1991), reg. 4, in effect as per reg. 2.

E403
Previous affecting provision: power pursuant to section exercised (2.12.1983) by Disabled Persons (Maintenance Allowances) (No. 2) Regulations 1983 (S.I. No. 361 of 1983); spent as per reg. 2.

E404
Previous affecting provision: power pursuant to section exercised (1.03.1983) by Health Services Regulations 1983 (S.I. No. 54 of 1983), in effect as per reg. 2; revoked (1.08.1991) by Health Services Regulations 1991 (S.I. No. 203 of 1991), reg. 4, in effect as per reg. 2.

E405
Previous affecting provision: power pursuant to section exercised (29.11.1982) by Disabled Persons (Maintenance Allowances) (No. 3) Regulations 1982 (S.I. No. 340 of 1982); spent as per reg. 2.

E406
Previous affecting provision: power pursuant to section exercised (1.09.1982) by Disabled Persons (Maintenance Allowances) (No. 2) Regulations 1982 (S.I. No. 285 of 1982); spent as per reg. 2.

E407
Previous affecting provision: power pursuant to section exercised (1.09.1982) by Health Services Regulations 1982 (S.I. No. 283 of 1982), in effect as per reg. 2; revoked (1.03.1983) by Health Services Regulations 1983 (S.I. No. 54 of 1983), reg. 3, in effect as per reg. 2.

E408
Previous affecting provision: power pursuant to section exercised (1.06.1982) by Health Services (Amendment) Regulations 1982 (S.I. No. 151 of 1982), in effect as per reg. 3; revoked (1.06.1983) by Health Services (No. 2) Regulations 1983 (S.I. No. 139 of 1983), reg. 3, in effect as per reg. 7.

E409
Previous affecting provision: power pursuant to section exercised (1.04.1982) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1982 (S.I. No. 77 of 1982), in effect as per reg. 2; rendered obsolete on revocation of Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1981 (S.I. No. 341 of 1981) (13.03.1984) by Disabled Persons (Maintenance Allowances) Regulations 1984 (S.I. No. 71 of 1984), reg. 6.

E410
Previous affecting provision: power pursuant to section exercised (25.12.1981) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 3) Regulations 1981 (S.I. No. 407 of 1981); spent as per reg. 2.

E411
Previous affecting provision: power pursuant to section exercised (1.10.1981) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1981 (S.I. No. 341 of 1981), in effect as per regs. 2, 7; revoked (13.03.1984) by Disabled Persons (Maintenance Allowances) Regulations 1984 (S.I. No. 71 of 1984), reg. 6.

E412
Previous affecting provision: power pursuant to section exercised (1.08.1981) by Health Services Regulations 1981 (S.I. No. 267 of 1981), in effect as per reg. 2; revoked (1.09.1982) by Health Services Regulations 1982 (S.I. No. 283 of 1982), reg. 3, in effect as per reg. 2.

E413
Previous affecting provision: power pursuant to section exercised (1.06.1981) by Health Services (Amendment) Regulations 1981 (S.I. No. 173 of 1981), in effect as per reg. 3; rendered obsolete by revocation of Health Services Regulations 1979 (S.I. No. 109 of 1979) (1.06.1983) by Health Services (No. 2) Regulations 1983 (S.I. No. 139 of 1983,) reg. 6, in effect as per reg. 7.

E414
Previous affecting provision: power pursuant to section exercised (1.04.1981) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1981 (S.I. No. 100 of 1981); rendered obsolete by revocation of Disabled Persons (Maintenance Allowances) Regulations 1973 (S.I. No. 160 of 1973) (1.10.1981) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1981 (S.I. No. 341 of 1981), reg. 7, in effect as per regs. 2, 7.

E415
Previous affecting provision: power pursuant to section exercised (4.12.1980) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1980 (S.I. No. 367 of 1980); spent as per reg. 2.

E416
Previous affecting provision: power pursuant to section exercised (6.04.1980 and 1.06.1980) by Health Services (Amendment) Regulations 1980 (S.I. No. 93 of 1980); revoked (1.06.1983) by Health Services (No. 2) Regulations 1983 (S.I. No. 139 of 1983,) reg. 6, in effect as per reg. 7.

E417
Previous affecting provision: power pursuant to section exercised (1.04.1980) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1980 (S.I. No. 92 of 1980), in effect as per reg. 2; rendered obsolete by revocation of Disabled Persons (Maintenance Allowances) Regulations 1973 (S.I. No. 160 of 1973) (1.10.1980) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1981 (S.I. No. 341 of 1981), reg. 7, in effect as per reg. 2.

E418
Previous affecting provision: power pursuant to section exercised (1.03.1980) by Health Services Regulations 1980 (S.I. No. 61 of 1980), in effect as per reg. 2; revoked (1.08.1981) by Health Services Regulations 1981 (S.I. No. 267 of 1981), reg. 3, in effect as per reg. 2.

E419
Previous affecting provision: power pursuant to section exercised (7.10.1979) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1979 (S.I. No. 338 of 1979); superseded (1.04.1980) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1980 (S.I. No. 92 of 1980), reg. 2.

E420
Previous affecting provision: power pursuant to section exercised (6.04.1979) by Health Services (No. 2) Regulations 1979 (S.I. No. 134 of 1979); revoked (1.04.1980) by Health Services (No. 2) Regulations 1983 (S.I. No. 139 of 1983), reg. 6, in effect as per reg. 7.

E421
Previous affecting provision: power pursuant to section exercised (6.04.1979) by Health Services Regulations 1979 (S.I. No. 109 of 1979), in effect as per reg. 6; revoked (1.04.1980) by Health Services (No. 2) Regulations 1983 (S.I. No. 139 of 1983), reg. 6, in effect as per reg. 7.

E422
Previous affecting provision: power pursuant to section exercised (1.04.1979) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1979 (S.I. No. 79 of 1979); superseded (7.10.1979) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1979 (S.I. No. 338 of 1979), reg. 2.

E423
Previous affecting provision: power pursuant to section exercised (28.12.1978) by Health Services Regulations 1978 (S.I. No. 371 of 1978); spent as per reg. 2.

E424
Previous affecting provision: power pursuant to section exercised (3.03.1978) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1978 (S.I. No. 54 of 1978); rendered obsolete by revocation of Disabled Persons (Maintenance Allowances) Regulations 1973 (S.I. No. 160 of 1973) (1.10.1981) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1981 (S.I. No. 341 of 1981), reg. 7, in effect as per regs. 2, 7.

E425
Previous affecting provision: power pursuant to section exercised (1.10.1977) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1977 (S.I. No. 314 of 1977); superseded (1.04.1978) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1978 (S.I. No. 54 of 1978), reg. 2.

E426
Previous affecting provision: power pursuant to section exercised (21.03.1977) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1977 (S.I. No. 79 of 1977); superseded (1.10.1977) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1977 (S.I. No. 314 of 1977), reg. 2.

E427
Previous affecting provision: power pursuant to section exercised (16.11.1976) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1976 (S.I. No. 260 of 1976); superseded (21.03.1977) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1977 (S.I. No. 79 of 1977), reg. 2.

E428
Previous affecting provision: power pursuant to section exercised (1.07.1976) by Health Services (Amendment) Regulations 1976 (S.I. No. 142 of 1976); revoked (6.04.1979) by Health Services Regulations 1979 (S.I. No. 109 of 1979), reg. 5, in effect as per reg. 6.

E429
Previous affecting provision: power pursuant to section exercised (1.05.1976) by Health Services Regulations 1976 (S.I. No. 97 of 1976), in effect as per reg. 2; revoked (1.03.1980) by Health Services Regulations 1980 (S.I. No. 61 of 1980), reg. 3, in effect as per reg. 2.

E430
Previous affecting provision: power pursuant to section exercised (22.03.1976) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1976 (S.I. No. 67 of 1976); superseded (16.11.1976) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1976 (S.I. No. 260 of 1976), reg. 3.

E431
Previous affecting provision: power pursuant to section exercised (29.09.1975) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1975 (S.I. No. 221 of 1975); superseded (22.03.1976) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1976 (S.I. No. 67 of 1976), reg. 3.

E432
Previous affecting provision: power pursuant to section exercised (5.08.1975) by Health Services Regulations, 1972 (Amendment) Regulations 1975 (S.I. No. 181 of 1975); revoked (1.04.2019) by Health Services (Amendment ) Regulations 2019 (S.I. No. 59 of 2019), reg. 5, in effect as per reg. 2.

E433
Previous affecting provision: power pursuant to section exercised (1.04.1975) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1975 (S.I. No. 39 of 1975), in effect as per reg. 2; superseded (1.10.1975) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1975 (S.I. No. 221 of 1975), reg. 3, in effect as per reg. 2.

E434
Previous affecting provision: power pursuant to section exercised (1.07.1974) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1974 (S.I. No. 185 of 1974), in effect as per reg. 2; superseded (1.04.1975) by Disabled Persons (Maintenance Allowances) (Amendment) Regulations 1975 (S.I. No. 39 of 1975), reg. 3, in effect as per reg. 2.

E435
Previous affecting provision: power pursuant to section exercised (1.04.1974) by Health Services Regulations 1974 (S.I. No. 90 of 1974), in effect as per reg. 5; revoked (6.04.1979) by Health Services Regulations 1979 (S.I. No. 109 of 1979), reg. 5, in effect as per reg. 6.

E436
Previous affecting provision: power pursuant to section exercised (1.07.1973) by Disabled Persons (Maintenance Allowances) Regulations 1973 (S.I. No. 160 of 1973), in effect as per reg. 2; revoked (1.10.1981) by Disabled Persons (Maintenance Allowances) (Amendment) (No. 2) Regulations 1981 (S.I. No. 341 of 1981), reg. 7, in effect as per regs. 2, 7.

Section 73
Determination of doubt as to responsible Health Board.

73.—F144[…]

Annotations

Amendments:

F144
Repealed (1.01.2005) by Health Act 2004 (42/2004), s. 73(1) and sch. 4, S.I. No. 887 of 2004, subject to transitional provisions in s. 74 and sch. 5.

Section 74

Recovery of charges and contributions.

74.—Any charge which may be made or contribution which may be levied by a health board under the Health Acts, 1947 to 1970, or regulations thereunder may, in default of payment, be recovered as a simple contract debt in any court of competent jurisdiction from the person in respect of whom the charge is made, from the person’s spouse (if any) or, in case the person has died, from his legal personal representative.

Annotations

Modifications (not altering text):

C51
Reference to “health board” construed as reference to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.

Definitions (Part 10).

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

(a) the health boards,

…

References to specified bodies.

Section 74A
F145[

Recovery of charges and contributions — further provision.

74A.—Any charge which may be made or contribution which may be levied under the Health Acts 1970 to 2013, or by regulations made thereunder, in respect of services provided by a person on behalf of the Health Service Executive pursuant to section 38 of the Health Act 2004, may, in default of payment, be recovered by the person providing the service as a simple contract debt in any court of competent jurisdiction from the person to whom the services were provided.]

Annotations

Amendments:

F145
Inserted (24.07.2013) by Health (Amendment) Act 2013 (31/2013), s. 14, commenced on enactment.

Section 75
False statements, etc.

75.—If any person, for the purpose of obtaining any service under the Health Acts, 1947 to 1970, whether for himself or some other person, or for any purpose connected with those Acts—

(a) knowingly makes any false statement or false representation or knowingly conceals any material fact, or

(b) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

Annotations

Editorial Notes:

E437
A fine of £100 converted (1.01.1999) to €126.98. This translates into a Class C fine not exceeding €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 5, S.I. No. 662 of 2010.

F146[PART IVA

Arrangements in relation to Health Services

]

Annotations

Amendments:

F146
Inserted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 5, S.I. No. 700 of 2020.

Section 75A
F147[

Arrangements in relation to health services.

75A.—(1) The Minister may, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, make such order or orders as he or she considers necessary to carry out any reciprocal or other arrangements made with, or under the proper authority of, the Government of the United Kingdom in respect of health services that will apply between the State and the United Kingdom after the end of the transition period.

(2) Without prejudice to the generality of subsection (1), an order under that subsection may specify—

(a) the category or categories of persons to whom the order applies, and

(b) the category or categories of health services to which the order applies.

(3) When making an order under subsection (1), the Minister shall have regard to the following:

(a) the policies and objectives of the Government regarding their shared commitment with the Government of the United Kingdom to the protection of the Common Travel Area and associated reciprocal rights and privileges as a legitimate and fundamental public policy, and recognising healthcare arrangements as a component of this;

(b) the policies and objectives of the Government to reaffirm the Common Travel Area arrangements and the associated reciprocal rights and privileges enjoyed by Irish and British citizens in each other’s state, in particular the right for citizens residing in either state to access emergency, routine and planned publicly funded health services in each other’s state, on the same basis as citizens of that state;

(c) the policies and objectives of the Government regarding their shared commitment with the Government of the United Kingdom that residents of the State and the United Kingdom should enjoy ease of access to healthcare in the other state;

(d) the policies and objectives of the Government to enable arrangements in relation to health services to be implemented between the State and the United Kingdom after the end of the transition period;

(e) the desirability, in the public interest, of maintaining access to health services in the United Kingdom after the end of the transition period, in particular the desirability of maintaining access to medically necessary health services;

(f) the need to ensure the most beneficial, effective and efficient use of resources;

(g) the policies and objectives of the Government to protect and improve the health and welfare of the public.

(4) In this section, “transition period” means the transition period provided in Article 126 of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Agency Community3.]

Annotations

Amendments:

F147
Inserted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (8/2019), s. 5, S.I. No. 700 of 2020.

Editorial Notes:

E438
Previous affecting provision: section inserted by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 4, not commenced; repealed (17.12.2020) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 4(a), S.I. No. 634 of 2020).

3 OJ No. CI 384, 12.11.2019, p.1

Section 75B
F148[

Regulations to give full effect to this Part.

75B.—(1) The Minister may, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, and having regard to the matters specified in section 75A(3), make regulations for the purposes of giving full effect to this Part and such regulations may, in particular, but without prejudice to the generality of the foregoing, provide for all or any of the following:

(a) the arrangements that shall apply with regard to assessing such classes of persons, including persons residing outside the State, as may be specified, in relation to access to health services in the State;

(b) the arrangements that shall apply with regard to assessing, where appropriate (including by reference to such qualifying criteria as may be specified) such classes of persons, as may be specified, in relation to access to planned health services in the United Kingdom;

(c) the arrangements to be administered by the Health Service Executive to ensure access to planned health services in the United Kingdom;

(d) the arrangements to be administered by the Health Service Executive to ensure access to health services in the State by persons from the United Kingdom;

(e) the duties on healthcare providers and healthcare professionals to provide such information as may be prescribed in relation to the health services that they provide to persons from the United Kingdom;

(f) the method by which payments in respect of health services provided in the United Kingdom are to be calculated and the manner in which such payments shall be made by the Health Service Executive to the United Kingdom;

(g) the charging by the Health Service Executive for the provision of health services provided in the State to persons from the United Kingdom and the method in relation to which charges for such health services shall be calculated and levied;

(h) the manner in which payments in respect of charges referred to in paragraph (g) shall be made to the State by individuals and by the United Kingdom;

(i) the method by which payments are to be made by the State in respect of health services provided in the United Kingdom and the manner in which such payments shall be made by the State to the United Kingdom;

(j) the method by which charges are to be levied by the State on the United Kingdom in respect of health services provided by or on behalf of the Health Service Executive in the State and the manner in which payments shall be made by the United Kingdom to the State;

(k) the class or classes of persons in respect of whom payments shall be made by the State or the United Kingdom, including the methodology used to estimate the number of persons concerned;

(l) the category or categories of health services in respect of which payments or provision may be made;

(m) the arrangements that shall apply with regard to payments to be made by the State to the United Kingdom and with regard to payments to be made by the United Kingdom to the State, including the methodology for calculating costs and the levels of reimbursement;

(n) the basis on which the Health Service Executive may reimburse persons in respect of the cost of health services received and paid for by those persons in the United Kingdom;

(o) such forms as may be necessary for the purposes of paragraphs (a) to (n);

(p) such other related, ancillary, transitional or consequential matters as the Minister considers appropriate.

(2) Without prejudice to the generality of subsection (1), regulations under that subsection may—

(a) apply either generally or to a specified class or classes of persons, and

(b) apply either generally or to a specified class or classes of health services.

(3) A person who contravenes a provision of regulations made under subsection (1) that is declared in the regulations to be a penal provision shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 3 months or both.]

Annotations

Amendments:

F148
Inserted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (8/2019), s. 5, S.I. No. 700 of 2020. A class A fine means a fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

Editorial Notes:

E439
Previous affecting provision: section inserted by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 4, not commenced; repealed (17.12.2020) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 4(a), S.I. No. 634 of 2020).

Section 75C
F149[

Orders and regulations.

75C.—Every order and regulation under this Part 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 or regulation is passed by either such House within 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.]

Annotations

Amendments:

F149
Inserted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (8/2019), s. 5, S.I. No. 700 of 2020.

Editorial Notes:

E440
Previous affecting provision: section inserted by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 4, not commenced; repealed (17.12.2020) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 4(a), S.I. No. 634 of 2020).

Section 75D
F150[Orders and regulations.

75D.— …]

Annotations

Amendments:

F150
Inserted by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 4, not commenced; repealed (17.12.2020) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 4(a), S.I. No. 634 of 2020).

Health (Amendment) Act, 1994

Free dental health services for certain children.

1.—(1) A health board shall make available without charge, for children who have attended a national school or a school standing specified in an order under section 66 (3) of the Health Act, 1970 , and are of or under such age as may be specified by the Minister by regulations, such dental health services as may be so specified.

(2) The Minister may make regulations for the purposes of this section.

Health (Amendment) Act, 1996

Provision of health services without charge to certain persons who have contracted hepatitis C.

2.—(1) A health board shall make available without charge to persons who, in the opinion of the chief executive officer of the board, have contracted hepatitis C directly or indirectly from the use of Human Immunoglobulin-Anti-D or the receipt within the State of another blood product or a blood transfusion and to persons of such other classes (if any) as may be prescribed—

(a) general practitioner medical and surgical services, in relation to all medical conditions, provided by registered medical practitioners (within the meaning of the Medical Practitioners Act, 1978 ) chosen by the persons,

(b) drugs, medicines and medical and surgical appliances,

(d) the service specified in section 61 of the Act of 1970,

(e) dental, ophthalmic and aural treatment and dental, optical and aural appliances,

(f) counselling services in respect of hepatitis C, and

(g) such other services as may be prescribed.

(2) In this section “the Act of 1970” means the Health Act, 1970 .

Various Services

HEALTH ACT, 1953.

General medical services.

Institutional and specialist services.

Medical care for mothers.

Infant welfare services.

Child welfare services.

School health examination and treatment service.

Dental, ophthalmic and aural services, for children.

Dental, ophthalmic and aural services for middle income group.

Regulations in relation to services.

Maternity cash grants.

Milk for mothers and children.

Institutional services at choice of patient, etc.

Institutional services for persons not entitled to services under section 15.

Declaration as to means.

Notification of change of circumstances.

Determination of doubt as to responsible health authority.

Charge where person not entitled obtains service.

Recovery of charges.

Affording of facilities for health examination of children at schools.

False statements, etc.

Courses of instruction for medical officers.

Schools for training of nurses.

Assistance for certain bodies.

Inspection of provisions and water for crew of Irish ships.

Health Act 1970

Home nursing.

Home help service.

Information to be provided to Health Service Executive by home care providers.

Services for Mothers and Children

Medical and midwifery care for mothers.

Services for women in accordance with Act of 2018.

Medical care for infants.

Maternity grants.

Milk for mothers and children.

Child health service.

Dental, ophthalmic and aural services.

[Interpretation – sections 67A to 67D

Residential support services.

Residential support services maintenance and accommodation contributions.

Waiver of residential support services maintenance and accommodation contributions.

Contraception services for certain women.

Rehabilitation services.

Information and advice on health.

Miscellaneous Provisions Regarding Services

Regulations.

Recovery of charges and contributions.

Recovery of charges and contributions — further provision.

Arrangements in relation to Health Services

Arrangements in relation to health services.

Regulations to give full effect to this Part.

Orders and regulations.

Health (Amendment) Act, 1994

Free dental health services for certain children.

Health (Amendment) Act, 1996

Provision of health services without charge to certain persons who have contracted hepatitis C.

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