Legalize / Ireland / Act

Health Act 2004

Type Act

Publication 2004-12-17

Last updated 2026-05-07

State Partially repealed

Text Latest available text

Source Irish Statute Book

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articles 151

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

27 amending acts · 2026-05-07, MENTAL HEALTH ACT 2026

Act to establish the health service executive and to provide for the dissolution of the Eastern Regional Health Authority, the Northern Area Health Board, the East Coast Area Health Board, the South-Western Area Health Board, the Health Boards established under the Health Act 1970 and certain other bodies; to provide for the transfer of the functions of the dissolved bodies and their employees to the health service executive; to establish mechanisms for involving public representatives, users of health and personal social services and other members of the public in matters relating to those services; to establish a statutory framework for handling certain complaints relating to health and personal social services; to establish mechanisms for the future dissolution of certain other health bodies and for the transfer of their functions and employees to the health service executive; and to provide for related matters

Reform history JSON API

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

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

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

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

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

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

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

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

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

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

(5) Regulations under this section shall—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) its terms of reference,

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

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

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

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

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

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

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

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

(b) the expenses of a panel.

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

44. Other advisory panels to be established on Minister's direction.

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

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

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

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

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

PART 9 Complaints

45. Definitions (Part 9).

45.— In this Part—

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

(a) by the Executive, or

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

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

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

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

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

(b) is cohabiting with the other person;

“complaints officer” means a person designated—

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

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

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

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

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

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

46. Who may make complaints.

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

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

(b) adversely affects or affected that person.

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

(a) taken without proper authority,

(b) taken on irrelevant grounds,

(d) based on erroneous or incomplete information,

(e) improperly discriminatory,

(f) based on undesirable administrative practice, or

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

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

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

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

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

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

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

47. Time limit for making complaints.

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

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

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

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

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

48. Matters excluded from right to complain.

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

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

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

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

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

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

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

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

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

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

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

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

49. Complaint and review procedures to be established.

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

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

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

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

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

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

50. Refusal to investigate or further investigate complaints.

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

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

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

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

(a) is of the opinion that—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

53. Minister to make regulations for purposes of this Part.

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

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

(a) requirements to be complied with by complainants;

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

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

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

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

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

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

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

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

54. Referral of complaints to Ombudsman or Ombudsman for Children.

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

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

55. Annual report to include report on complaints and reviews.

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

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

(a) the total number of complaints received,

(b) the nature of the complaints,

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

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

(a) the total number of reviews,

(b) the nature of the reviews, and

F216[PART 9A Protected Disclosures of Information]

55A. F217[Definition of expressions in this Part.

55A.— In this Part and Schedule 2A:

"actions" means anything done or omitted to be done;

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

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

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

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

(a) the Executive;

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

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

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

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

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

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

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

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

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

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

"professional regulatory body" means—

(a) an Bord Altranais,

(b) the Dental Council,

(d) the Medical Council, or

(e) the Pharmaceutical Society of Ireland;

"relevant body" means—

(a) the Executive,

(b) a service provider,

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

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

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

55B. F218[Protected disclosure of information by an employee of a relevant body.

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

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

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

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

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

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

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

55C. F219[Protected disclosure of information by an employee of a designated centre.

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

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

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

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

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

(iii) any other statutory obligation;

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

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

55D. F220[Protected disclosure of information by an employee of a mental health service provider.

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

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

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

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

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

(iii) any other statutory obligation;

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

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

55E. F221[Protected disclosure of information in relation to regulated professions.

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

55F. F222[Applications and complaints about health professionals to be protected disclosures.

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

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

(b) section 38 of the Dentists Act 1985,

is a protected disclosure under this Act.

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

55G. F223[Protected disclosure of information: monitoring, investigations and inspections.

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

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

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

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

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

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

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

55H. F224[Duty of relevant body to establish procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

55I. F227[Adherence to procedures governing protected disclosure of information to be a condition of arrangements made by the Executive.

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

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

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

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

55J. F228[Duties in respect of protected disclosures.

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

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

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

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

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

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

55K. F229[Disclosure to a Scheduled body.

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

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

(b) the procedures established under section 55H.

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

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

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

55L. F230[Protection from civil liability of persons who have made a protected disclosure.

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

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

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

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

55M. F232[Protection of employees from penalisation for having made a protected disclosure.

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

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

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

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

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

(5) F235[…]

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

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

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

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

(7) F235[…]

(8) F235[…]

(9) F235[…]

(10) F235[…]

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

(12) F235[…]

(13) F235[…]

(14) F235[…]

(15) F235[…]

(16) F235[…]

(17) F235[…]]

55N. F236[Proceedings before Labour Court.

55N.— F237[…] ]

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

55O.— F239[…] ]

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

55P.— F241[…] ]

55Q. F242[Interpretation of ‘penalise’.

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

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

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

(b) demotion or loss of opportunity for promotion,

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

(e) coercion, intimidation or harassment,

(f) injury, damage or loss, and

(g) threats of reprisal.

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

55R. F243[Continuity of employer’s business.

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

55S. F244[Making false reports.

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

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

(2) F246[…]

(3) F246[…]

(4) F246[…]]

55T. F247[Saver.

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

PART 10 Dissolution of Certain Health Bodies and the Transfer of their Functions and Employees, etc., to the Executive

56. Definitions (Part 10).

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

(a) the health boards,

(b) the Eastern Regional Health Authority,

(d) the Hospital Bodies Administrative Bureau,

(e) the Health Boards Executive,

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

(g) the Health Service Employers Agency, and

(h) the Interim Health Service Executive.

57. Dissolution of Comhairle na nOspidéal and transfer of its functions.

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

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

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

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

58. Dissolution of health boards and other specified bodies.

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

59. Transfer of functions of specified bodies to Executive.

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

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

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

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

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

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

60. Transfer of employees of specified bodies to Executive.

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

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

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

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

(a) the Redundancy Payments Acts 1967 to 2003;

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

(d) the Organisation of Working Time Act 1997;

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

(f) the Unfair Dismissals Acts 1977 to 2001;

(g) the Maternity Protection Act 1994;

(h) the Parental Leave Act 1998;

(i) the Adoptive Leave Act 1995;

(j) the Carer's Leave Act 2001.

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

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

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

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

(7) In this section—

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

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

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

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

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

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

62. Transfer of property and liabilities to Executive.

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

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

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

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

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

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

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

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

64. Pending legal proceedings.

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

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

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

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

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

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

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

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

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

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

66. References to specified bodies.

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

67. Functional areas of dissolved health boards.

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

(a) a health board,

(b) the Eastern Regional Health Authority, or

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

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

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

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

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

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

68. References to chief executives of dissolved health boards.

68.— F248[…]

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

69.— F249[…]

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

70.— F250[…]

71. Final accounts of specified bodies and other dissolved bodies.

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

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

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

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

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

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

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

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

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

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

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

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

PART 11 Repeals, Transitional Provisions and Amendment of Other Acts

73. Repeals and revocations.

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

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

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

74. Savings and transitional provisions.

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

75. Amendment of other Acts.

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

PART 12 Miscellaneous Provisions

76. Effect of delegation and subdelegation of functions.

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

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

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

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

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

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

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

77. F252[Certificate evidence concerning delegation of functions.

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

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

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

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

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

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

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

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

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

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

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

78. General power to make regulations and orders.

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

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

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

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

(3) The Minister may—

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

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

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

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

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

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

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

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

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

(4) In this section—

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

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

80. Laying of regulations and orders before Houses of Oireachtas.

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

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

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

F256[(4) Every order under subsection (4) of section 78 shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.]

81. F257[Savers

81.— (1) Subsection (2) applies where the Executive commenced but did not complete before the relevant date—

(a) the performance of a function under this Act or any other enactment, or

(b) the taking of an action or the doing of a thing for the purposes of this Act or any other enactment.

(2) The Board may, on or after the relevant date, complete—

(a) the performance of that function, or

(b) the taking of that action or the doing of that thing,

to the extent that to do so is not inconsistent with, in the case of paragraph (a), the Board’s functions under this Act or any other enactment and, in the case of paragraph (b), the actions that the Board may take or the things that the Board may do for the purposes of this Act or any other enactment.

(3) Subsection (4) applies where the Director General commenced but did not complete before the relevant date—

(a) the performance of a function under this Act or any other enactment other than an excluded function, or

(b) the taking of an action or the doing of a thing for the purposes of this Act or any other enactment other than an excluded action or thing.

(4) The chief executive officer may, on or after the relevant date, complete—

(a) the performance of that function, or

(b) the taking of that action or the doing of that thing,

to the extent that to do so is not inconsistent with, in the case of paragraph (a), the officer’s functions under this Act or any other enactment and, in the case of paragraph (b), the actions that the officer may take or the things that the officer may do for the purposes of this Act or any other enactment.

(5) Subject to subsection (6), a relevant delegation or relevant subdelegation shall, subject to its terms, continue to have effect on and after the relevant date.

(6) The chief executive officer may vary or revoke a relevant delegation or relevant subdelegation made by the Director General.

(7) In this section—

"excluded action or thing", in relation to the Director General, means an action taken, or a thing done, by the Director General for the purpose of this Act or any other enactment in his or her capacity as a member of the Directorate or as the chairperson of the Directorate;

"excluded function", in relation to the Director General, means a function of the Director General in his or her capacity as a member of the Directorate or as the chairperson of the Directorate;

"relevant date" means the date of commencement of section 31 of the Health Service Executive (Governance) Act 2019;

"relevant delegation" means a delegation made in accordance with this Act before the relevant date and which was in force immediately before that date;

"relevant subdelegation" means a subdelegation made in accordance with this Act before the relevant date and which was in force immediately before that date.]

82. F258[Offences

82.— (1) A person guilty of an offence under this Act shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 3 years or both.

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