Health Act , 1970

PART I Preliminary and General

1. Short title, collective citation, construction and commencement.

1.—(1)This Act may be cited as the Health Act, 1970.

(2)The Health Acts, 1947 to 1966, and this Act may be cited together as the Health Acts, 1947 to 1970.

(3)The Health Acts, 1947 to 1966, and this Act shall be construed together as one Act.

(4)Save as otherwise specifically provided for, 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.

2. Interpretation.

2.—(1)In this Act a reference to a Part, section or schedule is to a Part, section or schedule of this Act, unless it is indicated that reference to some other enactment is intended.

(2)In this Act a reference to a subsection, paragraph, subparagraph or rule is to the subsection, paragraph, subparagraph or rule of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(3)A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or extended by any subsequent enactment.

3. Repeals.

3.—The enactments specified in column (2) of the First Schedule are hereby repealed to the extent specified in column (3) of the Schedule.

PART II Administration

Chapter I

4. Establishment of health boards.

4.—(1)F1[…]

(2)F2[…]

(3)F2[…]

(4)F2[…]

(5)F1[…]

(6)F1[…]

5. General provisions regarding health boards.

5.—(1)F3[…]:

(a)F3[…]

(b)F3[…]

(c)F3[…]

(d)F4[…]

(e)F4[…]

(2)F4[…]

(3)F4[…]

F5[(4) The seal of the board shall be authenticated by the signature of the chief executive officer of the board, or any person for the time being performing the functions of chief executive officer of the board, and the signature of another officer of the board authorised to act in that behalf.]

6. Functions of health boards.

6.—F6[…]

7. Local committees.

7.—F7[…]

8. Committees of health boards.

8.—F8[…]

9. Expenses of members of boards and committees.

9.—F9[…]

10. Allowances to chairmen and vice-chairmen of health boards.

10.—F10[…]

11. Joint action by health boards.

11.—F11[…]

12. Removal of board from office.

12.—F12[…]

Chapter II

13. Chief executive officers of health boards.

13.—F13[…]

14. Other officers and servants of health boards.

14.—F14[…]

15. Application of Local Authorities (Officers and Employees) Acts, 1926 and 1940.

15.—F15[…]

16. Delegation by chief executive officer.

16.—(1)F16[…]

(2)F16[…]

(3)F16[…]

(4)F16[…]

(5)F16[…]

(6)F16[…]

(7)F17[…]

17. Performance of duties of officers.

17.—(1) F18[…]

(2)F18[…]

(3)F18[…]

(4)F19[…]

(5)F19[…]

18. Qualifications for offices under health boards.

18.—F20[…]

19. Age limits.

19.—F21[…]

20. Superannuation.

20.—F22[…]

21. Suspension and removal of chief executive officer.

21.—(1)F23[…]

(2)F24[…]

(3)F24[…]

(4)F23[…]

(5)F23[…]

22. Suspension of other officers of health boards.

22.—F25[…]

23. Removal of officers and servants.

23.—(1)F26[…]

(2)F26[…]

(3)F26[…]

(4)F27[…]

(5)Removals of officers and servants under this section shall be carried out in accordance with regulations made by the Minister and such regulations shall provide—

(a)that effect shall not be given to any proposal for removal unless prescribed notice has been sent to the officer or servant of the reasons for the proposal, and

(b)that any representations made by him or on his behalf on the proposal which are received within a prescribed period shall be considered.

24. Committees for certain removals.

24.—F28[…]

25. Arrangements between health boards and local authorities.

25.—F29[…]

26. Arrangements by health boards for provision of services.

26.—F30[…]

Chapter III

27. Accounts of health boards.

27.—F31[…]

28. Audits of health board accounts.

28.—F32[…]

29. Abstract of health board accounts.

29.—F33[…]

30. Health board estimates.

30.—F34[…]

31. Limitations on expenditure by health board.

31.—F35[…]

32. Grants and local contributions to health boards.

32.—(1)F36[…]

(2)F37[…]

(3)F37[…]

(4)F37[…]

(5)F37[…]

(6)F37[…]

(7)F37[…]

(8)F37[…]

(9)F38[…]

(10)F37[…]

33. Borrowing and acceptance of gifts by health boards.

33.—F39[…]

Chapter

34. Dissolutions of certain health authorities and consequential provisions.

34.—F40[…]

35. Dissolutions of joint boards under section 45 of Health Act, 1953.

35.—F41[…]

36. Transfers of certain property.

36.—F42[…]

37. Transfer of certain officers and continuance of certain contracts of service.

37.—F43[…]

PART III Hospitals, etc.

38. Provision and maintenance of hospitals, etc.

38.—(1)A health board may, with the consent of the Minister, provide and maintain any hospital, sanatorium, home, laboratory, clinic, health centre or similar premises required for the provision of services under the Health Acts, 1947 to 1970.

(2)The Minister may give to a health board such direction as he thinks fit in relation to the provision or maintenance of any premises provided and maintained under subsection (1) and in relation to the arrangements for providing services therein, and the health board shall comply with any such direction.

(3)A health board may and, if directed by the Minister, shall discontinue the provision and maintenance of any premises provided and maintained by it under subsection (1).

(4)A health board shall not exercise its powers under subsection (3) in relation to the discontinuance of the provision and maintenance of a hospital, sanatorium or home save with the consent of the Minister.

(5)The Minister shall not give a direction under subsection (3) in relation to the discontinuance of the provision and maintenance of a hospital, sanatorium or home save after having caused a local inquiry to be held into the desirability of the discontinuance.

(6)Where, on a discontinuance under subsection (3), a person who held an office under the health board in the premises affected is offered a similar office by the board, the first-mentioned office shall, for the purposes of the superannuation of the person, be deemed not to have been abolished.

39. Religious services.

39.—(1)A health board shall make arrangements with the appropriate authorities for the performance of religious services in each hospital, sanatorium and home maintained by it.

(2)The amount of any payment made to a person by a health board under an arrangement under this section shall be subject to the approval of the Minister.

40. Acquisition of land for voluntary bodies.

F44[40.—(1)A health board may, on the request of a body which provides or proposes to provide institutional services or any other service similar or ancillary to a service which the health board may provide, and subject to any general directions given by the Minister, provide for the body any land which is shown by the body, to the satisfaction of the health board, to be required for the efficient performance of the functions of the body.]

F44[(2)Where a health board decides to provide land under this section for a body, it may acquire the land either by agreement, subject to any general directions given by the Minister, or compulsorily under Part VIII of theHealth Act, 1947, and may lease such land to or for the benefit of the body.]

(3)Where a health board is requested by a body to provide under this section any land for the body, the board may, as a condition precedent to its so providing the land, require the body to undertake to defray the whole or part of the cost of so providing the land.

41. Bodies for co-ordination and development of hospital services.

41.—(1)F45[…]

(2)F46[…]

(3)F45[…]

(4)F45[…]

(5)F45[…]

(6)F45[…]

(7)F45[…]

(8)F45[…]

(9)F46[…]

(10)F46[…]

(11)F45[…]

(12)F45[…]

(13)F45[…]

(14)F45[…]

(15)F45[…]

(16)F45[…]

42. Dissolution of Hospitals Commission.

42.—F47[…]

43. Amendment of Public Hospitals Act, 1933.

43.—(1)The definition of “hospital” in section 1 of the Act of 1933 is hereby amended by the insertion of “or for providing services for hospitals” after “medical research”.

(2)Section 14 (5) of the Act of 1933, in its operation in relation to appointments made between the commencement of this section and the commencement of section 42, shall be construed as if “such period as may be specified by the Minister” were substituted for “two years”.

(3)In this section “the Act of 1933” means the Public Hospitals Act, 1933.

44. Administration of Central Mental Hospital.

44.—(1)The Minister may, by order made with the consent of the Minister for Finance, arrange for the transfer of the administration of the Central Mental Hospital to the health board (in this section referred to as the relevant health board) the functional area of which includes the county of Dublin.

(2)Where an order has been made under this section—

(a)the Central Mental Hospital shall be administered by the relevant health board and its officers and servants, as if it were a hospital maintained by the board under section 38 and

(b)a reference in any enactment to the resident governor and physician of the Central Mental Hospital shall be construed as a reference to the officer of the relevant health board who is for the time being the senior medical officer of that Hospital.

(3)Any person who, immediately before the commencement of this section, was an officer of the Minister employed in the Central Mental Hospital and who opts within the period of six months beginning on such commencement to be appointed to an office under the relevant health board shall be so appointed by the chief executive officer as from the commencement of an order under this section.

(4)Notwithstanding the provisions of the Central Criminal Lunatic Asylum (Ireland) Act, 1845, the Minister may, with the consent of the Minister for Finance, arrange for functions relating to the repairing, enlarging, improving, upholding or furnishing of the Central Mental Hospital to be performed by the relevant health board.

PART IV Health Services

Chapter I

45. Full eligibility.

45.—(1)A person in either of the following categories F48[and who is ordinarily resident in the State] shall have full eligibility for the services under this Part—

(a)adult persons F49[who, in the opinion of the Health Service Executive, are] unable without undue hardship to arrange general practitioner medical and surgical services for themselves and their dependants,

(b)dependants of the persons referred to in paragraph (a).

F50[(2)F51[Subject tosubsection (2A), in deciding]whether or not a person comes within the category mentioned insubsection (1)(a), the Health Service Executive shall have regard to the person’s overall financial situation (including the means of the spouseF52[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010], if any, of that person in addition to the person's own means) in view of the person's reasonable expenditure in relation to himself or herself and his or her dependants, if any.]

F53[(2A) In having regard undersubsection (2)to a person’s overall financial situation, the Health Service Executive shall disregard any relevant sums (within the meaning of section 216A of the Taxes Consolidation Act 1997) arising to the person (or the person’s spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010) where the relevant sums qualify for relief under section 216A of the Taxes Consolidation Act 1997.]

(3)The Minister may, with the consent of the Minister for Finance, by regulations specify a class or classes of persons who shall be deemed to be within the categories mentioned in subsection (1).

(4)A draft of regulations which it is proposed to make under this section shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

(5)Section 5(5) of the Health Act, 1947, shall not apply to regulations under this section.

F54[(5A) Notwithstanding any other enactment, with effect from 2 March 2009 a person also shall have full eligibility for the services under this Part if the person attained the age of 70 years before 1 January 2009 and is ordinarily resident in the State, so long as the person’s gross income does not exceed the relevant gross income limit undersection 45A.]

F55[(5B) A person who is a child within the meaning of section 186C of theSocial Welfare Consolidation Act 2005and in respect of whom an allowance is being paid under Chapter 8A of Part 3 of that Act shall have full eligibility for the services under this Part and, notwithstandingsubsection (6), references in this Part to persons with full eligibility shall be construed as including references to such persons.]

(6)References in this Part to persons with full eligibility shall be construed as referring to persons in the categories mentioned in subsection (1) or deemed to be within those categories.

(7)Any person who is not in either of the categories mentioned in subsection (1) F48[or who is not ordinarily resident in the State] but who, in relation to a particular service which is available to persons with full eligibility, is considered by the chief executive officer of the appropriate health board to be unable, without undue hardship, to provide that service for himself or his dependants shall, in relation to that service, be deemed to be a person with full eligibility.

45A. F56[Full eligibility.

45A.—(1) Notwithstandingsection 45(6), a person in one of the following categories and who is ordinarily resident in the State also shall have full eligibility for the services under this Part:

(a) persons who, on or after 1 January 2009, attain or have attained the age of 70 years, whose gross income does not exceed the relevant income limit and who—

(i) make an application to the Health Service Executive in such form as it may consider appropriate, and

(ii) receive confirmation from the Health Service Executive that they have full eligibility for services under this Part because they have attained the age of 70 years, are ordinarily resident in the State and their gross income does not exceed the relevant gross income limit, so long as their gross income does not exceed that relevant limit;

(b)F57[…]

(i) if the surviving persons have attained the age of 70 years at the time of the death,

(ii) if the death occurred on or after 1 January 2009, and

(iii) for a period of 3 years after the death, so long as their gross income does not exceed the gross income limit set out inparagraph (b)ofsubsection (2)during that period;

and

(c) dependants of the persons referred to inparagraph (a)orsection 45(5A).

F58[(1A) Where—

(a) a person—

(i) was married to another person until that other person’s death,

(ii) was living with another person as a married couple until that other person’s death, or

(iii) was a civil partner as respects another person until that other person’s death,

(b) the death of the other person occurred on or after 1 January 2014, and

(c) the surviving person had attained the age of 70 years at the time of the death of that other person,

the gross income limit applicable to the surviving person in the 3 years following the death of that other person shall—

(i) as respects the period commencing on 1 January 2014 and ending on the day before the relevant date be €900 per week, not including the income from the portion of his or her savings or similar investments whose capital value does not exceed €72,000, and

(ii) as respects the period commencing on the relevant date be €1,050 per week, not including the income from the portion of his or her savings or similar investments whose capital value does not exceed €72,000,

but such gross income limit shall apply only as respects such part of the 3 year period as the surviving person is not married, is not living together with another person as a married couple, or does not have a civil partner.]

(2) The Health Service Executive shall provide any necessary supports to any person in the making of an application undersubsection (1)where, by reason of any incapacity, such person requests such assistance.

F59[(3) The gross income limits for the purposes of this section andsection 45(5A)are the following:

(a) in respect of the period commencing on 1 January 2014 and ending on the day before the relevant date—

(i) if a person—

(I) is not married,

(II) is not living together with another person as a married couple, and

(III) does not have a civil partner,

his or her gross income limit is€500 per week, not including the income from the portion of the person’s savings or similar investments whose capital value does not exceed€36,000, and

(ii) if persons—

(I) are married,

(II) live together as a married couple, or

(III) are civil partners as respects each other,

their combined gross income limit is€900 per week, not including the income from the portion of their savings or similar investments whose capital value does not exceed€72,000,

and

(b) in respect of the period commencing on the relevant date—

(i) if a person—

(I) is not married,

(II) is not living together with another person as a married couple, and

(III) does not have a civil partner,