Health Act , 1947

PART I. Preliminary and General.

1. Short title.

1.—This Act may be cited as the Health Act, 1947.

2. Definitions.

2.—(1)In this Act—

the expression “adult person” means a person who is sixteen years of age or older;

the word “advertisement” includes every form whatsoever of recommendation of any thing to the public, including, in particular—

(a)the statement of the name of such thing or of any brand, trade description or designation by reference to which such thing is sold, where such statement may reasonably be regarded as a recommendation of such thing to the public,

(b)the statement of any properties of such thing on a label, container or wrapper used for such thing or in a leaflet, circular, pamphlet or brochure issued to the public or on request or given to a purchaser of such thing,

and cognate words shall be construed accordingly;

the word “aircraft” has the same meaning as it has in the Air Navigation and Transport Act, 1936 (No. 40 of 1936);

F1[F2[…]

F2[…]

F2[…]]

F3["cessation order" has the meaning assigned to it insection 31AH;]

the expression “chief medical officer” means a county medical officer for a county or a city medical officer for a county borough;

the word “child” means a person who is less than sixteen years of age;

the expression “coastal waters” means waters within a distance of three nautical miles from any point on the coast measured from low-water mark of ordinary spring tides;

F3["compliance notice" has the meaning assigned to it by section 31AG;]

F3["compliance officer" means a person designated as a compliance officer under section 31AD;]

F3["Covid-19" has the meaning it has in section 31A;]

F1[F2[…]

F2[…]]

F3["Digital Covid Certificate Regulation" means Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June 2021^1on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic;]

the word “disinfestations” means the cleansing and protection of any person or thing from vermin;

the expression “district medical officer” means a medical officer of health under section 73 of this Act;

the word “dwelling” includes—

(a)a part of a house, and

(b)a temporary dwelling;

F4["dwelling event provision" shall be construed in accordance with subsection (6D) of section 31A;]

F3["emergency cessation order" has the meaning assigned to it by section 31AF;]

the word “enactment” includes any order or regulation made under an Act;

F3["EU Digital Covid Certificate" has the meaning it has in the Digital Covid Certificate Regulation;]

F4["fixed penalty provision" shall be construed in accordance with subsection (6C) of section 31A;]

the expression “health authority” means a council of a county or a corporation of a county borough;

the expression “health institution” means an institution maintained by a health authority pursuant to section 10 of this Act;

F3["indoor operator" means—

(a) in relation to a relevant indoor premises subject to a licence for the sale by retail of intoxicating liquor for consumption on or off the premises (whether granted on production or without production of a certificate of the Circuit Court or District Court), the holder of such a licence,

(b) in relation to a relevant indoor premises registered under the Registration of Clubs Acts 1904 to 2008, every person whose name is entered in the register of clubs as an official or member of its committee of management or governing body at the material time,

(c) in relation to a relevant indoor premises other than those referred to in paragraphs (a) and (b)—

(i) the occupier of the premises,

(ii) the manager of the premises, or

(iii) any other person for the time being in charge of the premises;]

the expression “infected premises notice” means a written notice that, within the three months immediately preceding the giving of the notice, a person has been residing in or has occupied specified premises while suffering from a specified infectious disease;

the word “infectious” includes contagious and the word “infection” includes contagion;

the expression “infectious disease” means primarily any disease included in regulations under subsection (1) of section 29 whether absolutely or by definition of a particular stage of such disease, but in any section of Part IV of this Act from the application of which a disease or a stage of a disease is excluded under subsection (2) of the said section 29, the expression does not include such disease or such disease in such stage, as the case may be;

the expression “institution” means a hospital, sanatorium, maternity home, convalescent home, preventorium, laboratory, clinic, health centre, first-aid station, dispensary or any similar institution;

the expression “institutional services” includes—

(a)maintenance in an institution,

(b)diagnosis, advice and treatment at an institution,

(c)appliances and medicines and other preparations,

(d)the use of special apparatus at an institution;

the expression “the manager” means—

(a)as respects a health authority which is the corporation of a county borough—the manager for the purposes of the Acts relating to the management of the borough, and

F5[(b)as respects a health authority which is the council of a county or a health authority established by theHealth Authorities Act, 1960—the manager for the purposes of the County Management Acts, 1940 to 1955;]

the expression “medical officer of health” means a chief medical officer, an assistant county medical officer for a county, an assistant city medical officer for a county borough F6[or any other medical officer who is an assistant to a chief medical officer] or a district medical officer;

the expression “the Minister” means the Minister for Health;

F1[F2[…]]

the word “parent” means, in relation to a child, the person having the legal custody of the child and, where owing to the absence of such person or for any other reason the child is not living with or is not in the actual custody of such person, includes the person with whom the child is living or in whose actual custody the child is;

F4["penal provision" means a provision that is stated in regulations under section 31A to be a penal provision for the purposes of this Act;]

F3["permitted person" means—

(a) a person in possession of a proof of immunity relating to that person,

(b) a person under the age of 18 years, or such other age under the age of 18 years as may be prescribed, (in this paragraph referred to as a "relevant minor") who accesses a relevant indoor premises—

(i) accompanied by his or her parent, guardian or a person acting in loco parentis, or

(ii) on such terms (including terms requiring the relevant minor to be accompanied by one or more other persons other than his or her parent or guardian or person acting in loco parentis) as may be prescribed,

(c) a person in or at a relevant indoor premises in a professional capacity, in the course of their employment, or in fulfilment of a contract for services, other than a class or classes of person, that the Minister may prescribe as being persons to whom this paragraph of this definition does not apply, or

(d) a person that stands, or a member of a class of persons that stand, prescribed by the Minister in regulations made under section 31AB(4);]

the word “prescribed” means prescribed by regulations made by the Minister under this Act;

F3["proof of immunity" means—

(a) an EU Digital Covid Certificate—

(i) issued under Article 6(1)(a) of the Digital Covid Certificate Regulation stating or verifying that the person has received a full dose of a vaccine approved for use in the European Union,

(ii) issued under Article 6(1)(c) of the Digital Covid Certificate Regulation, or

(iii) of a type prescribed by the Minister in regulations made under section 31AB(4),

(b) a document as may be prescribed, in written or electronic form, issued by a body implementing a vaccination programme (howsoever described) on behalf of a state (including the State) that administered or caused to be administered the vaccination to the person concerned, verifying, in relation to the person to whom the document is issued, that the person has received such vaccination, or combination of vaccinations, as may be prescribed, including—

(i) the medicinal product for active immunisation to prevent Covid-19 known as "COVID-19 Vaccine Moderna CX-024414",

(ii) the medicinal product for active immunisation to prevent Covid-19 known as "Vaxzevria (previously COVID-19 Vaccine AstraZeneca) ChAdOx1-SARS-COV-2" also known as "Covishield",

(iii) the medicinal product for active immunisation to prevent Covid-19 known as "Comirnaty BNT162b2", and

(iv) the medicinal product for active immunisation to prevent Covid-19 known as "COVID-19 Vaccine Janssen (Ad26. COV2-S [recombinant])", or

(c) any form of written information or proof verifying, in such manner as may be prescribed, in relation to the person to whom the document is issued, that the person has recovered from Covid-19;]

the expression “public conveyance” includes a conveyance available for private hire;

F3["relevant body" means—

(a) the Health Service Executive,

(b) the Health and Safety Authority, and

(c) such other body as may be prescribed;]

F3["relevant indoor premises" means an indoor premises (or, where a premises is partly indoors and partly outdoors, the indoor part of such premises), other than a premises prescribed in regulations under section 31AB(4)(e)(ii) as being a premises to which this definition does not apply—

(a) on or at which food or non-alcoholic beverages may be lawfully sold or supplied for consumption on such premises,

(b) where a business or service that, but for this Act or any regulations made under this Act, is permitted by law to sell or supply intoxicating liquor for consumption on the premises, is lawfully carried on or otherwise provided, or

(c) such other indoor premises, or class of indoor premises, that stands prescribed by the Minister in regulations under section 31AB(4);]

F1[F2[…]]

the expression “sanitary authority” has the same meaning as in the Public Health Acts, 1878 to 1931;

the expression “the school manager” means in relation to a school or college, the person for the time being managing the school or college;

the expression “temporary dwelling” means any—

(a)tent, or

(b)van, or other conveyance (whether on wheels or not), or

(c)shed, hut or similar structure, or

(d)vessel;

the word “vermin” means any insects, being bugs, fleas, lice or itch mites, and includes the eggs, larvæ and pupæ of such insects, and the word “verminous” shall be construed accordingly;

the word “vessel” includes any ship, boat, barge or lighter.

(2)(a)For the purposes of this Act, the functional area of a health authority shall include any coastal waters adjoining such functional area.

(b)Where any coastal waters adjoin the functional areas of two or more health authorities, the Minister may by order provide that for the purposes of paragraph (a) of this subsection the whole or a specified part of the coastal waters shall be regarded as adjoining the functional area of any one of such health authorities, and the said paragraph (a) shall have effect accordingly.

(3)A reference in this Act to contravention of any provision includes, where appropriate, a reference to contravention of that provision by failing or refusing to comply therewith.

3. Commencement.

3.—This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

4. Repeals.

4.—The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.

5. Regulations.

5.—(1)The Minister may make regulations in relation to anything referred to in this Act as prescribed.

(2)Regulations under this Act may be so framed as to apply in relation to the whole of the State or to part or parts only of the State.

(3)Where regulations under this Act require records to be kept in relation to the health of individuals, such provision shall be made therein as the Minister thinks necessary or proper for ensuring that the parts of such records containing the names of such individuals shall be treated in a confidential manner and shall not be published save with the consent of such individuals.

(4)No regulation which includes provision in respect of a payment to be made to or by the Minister shall be made by the Minister under this Act without the consent to such provision of the Minister for Finance.

(5)Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one 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.

6. Continuation of existing regulations.

6.—Every regulation which was made under an enactment repealed by this Act and which was in force immediately before such repeal shall, upon and after such repeal, be deemed to be a regulation made 270 of 1975under the appropriate section of this Act and shall have effect and be capable of being amended or revoked accordingly.

7. Revocation or amendment of order made by the Minister under this Act.

7.—Every power conferred by this Act on the Minister to make any order shall be construed as including a power to revoke or amend any order made under such power and to make another order in lieu of any order so revoked.

8. Collection and disposal of moneys payable to the Minister.

8.—(1)All moneys payable under this Act or any regulations made under this Act to the Minister shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister.

(2)The Public Offices Fees Act, 1879, shall not apply in respect of any moneys payable under this Act or any regulations made under this Act to the Minister.

9. Expenses of the Minister.

9.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

9A. F8[Liability for offences by bodies corporate

9A.(1) Where an offence under this Act is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person shall, as well as the body corporate, be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.]

9B. F9[Exercise of jurisdiction by District Court and Circuit Court under sections 31AB to 31AK

9B.(1) The jurisdiction of the District Court under sections 31AB to 31AK shall be exercised by a judge of the District Court for the time being assigned to the District Court district in which the relevant indoor premises are situate.

(2) The jurisdiction of the Circuit Court under sections 31AB to 31AK shall be exercised by a judge of the Circuit Court for the time being assigned to the circuit in which the relevant indoor premises are situate.]

9C. F10[Service of documents

9C.(1) Subject to subsection (2) and other than in relation to Part VIII, a notice or other document that is required to be served on or given to a person by this Act shall be addressed to the person by name and may be so served on or given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or carries on business or, in a case in which an address for service has been given, at that address;

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or carries on business or, in a case in which an address for service has been given, to that address;

(d) by electronic means, in a case in which the person has given notice in writing to the person serving or giving the notice or document concerned of his or her consent to the notice or document (or documents of a class to which the notice or document belongs) being served on, or given to, him or her in that manner.

(2) A notice or other document that is required to be served on or given to an indoor operator by this Act shall, where the indoor operator concerned falls within the meaning of paragraph (b) of the definition of "indoor operator", be addressed to every person entered in the register of clubs as an official or member of its committee of management or governing body at the material time by name and may be so served or given by leaving the notice or other document at the address of the premises to which the certificate of registration under the Registration of Clubs Acts 1904 to 2008 applies as entered in that register.

(3) For the purpose of this Act, a company registered under the Companies Act 2014is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.]

PART II. Institutions.

10. Provision and maintenance of health institutions.

10.—F11[…]

11. Discontinuance of health institution.

11.—F12[…]

12. Agreement for use of institution.

12.—F13[…]

13. Joint user of certain institutions by health authority and public assistance authority.

13.—F14[…]

14. Transfer of district institution.

14.—F15[…]

15. Transfer of institution maintained by sanitary authority.

15.—F16[…]