Health Act 2004

• (2) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.]

83. F259[References to Board and chief executive officer

83.— Unless the context otherwise requires—

• (a) a reference to the Board which was, before the commencement of section 3 (b) of the Health Service Executive (Governance) Act 2019, construed, by virtue of section 22 of the Health Service Executive (Governance) Act 2013, as a reference to the Directorate shall, on and after that commencement, be construed as a reference to the Board, and

• (b) a reference to the chief executive officer which was, before the commencement of the said section 3 (b), construed, by virtue of such section 22, as a reference to the Director General shall, on and after that commencement, be construed as a reference to the chief executive officer.]

SCHEDULE 1 Acts Referred to in Definition of Health and Personal Social Services

Section 2 .

SCHEDULE 2 Miscellaneous Provisions Relating to the Executive and the Board

Sections 6(3) and 11(6) .

• F260[(2) The seal of the Executive must be authenticated—

• (a) by the signature of 2 members of the Board, or

• (b) by the signature of both—

• (i) a member of the Board, and

• (ii) an employee of the Executive authorised by the Board to authenticate the seal.]

• (3) Judicial notice shall be taken of the seal of the Executive.

• (4) Each instrument purporting to be made by the Executive and to be sealed with its seal (purporting to be authenticated in accordance with subparagraph (2)) is admissible in evidence and is deemed, in the absence of evidence to the contrary, to be such instrument.

2A. (1) The Minister, in consultation with the chairperson, shall fix the date, time and place of the first meeting of the Board.

• (2) The Board shall hold such and so many meetings as may be necessary for the due fulfilment of its functions, but in each year shall hold not fewer than one meeting in each of 11 months of that year.

• (3) The chairperson may at any reasonable time call a meeting of the Board.

• (4) Any 8 or more members may call a meeting of the Board if the chairperson—

• (a) refuses to call a meeting after being presented with a requisition for that purpose signed by not fewer than 8 members, or

• (b) without refusing to call a meeting, does not call one within 7 days after being presented with such requisition.

• (5) The members present at a meeting called under subparagraph (4) shall choose one of their number to chair the meeting.]

2B. (1) The quorum for a meeting of the Board shall be F263[7 members] of the Board and—

• (a) subject to paragraph (b), the chairperson, deputy chairperson or other member chosen in accordance with subparagraph (2)(c) to be the chairperson of the meeting, or

• (b) for such a meeting called in accordance with paragraph 2A(4), the member chosen under paragraph 2A(5) to chair the meeting.

• (2) Subject to paragraph 2A(5), at a meeting of the Board—

• (a) the chairperson shall, if present, be the chairperson of the meeting,

• (b) if and so long as the chairperson is not present or if the office of chairperson is vacant, the deputy chairperson shall, if present, be the chairperson of the meeting, or

• (c) if and so long as the chairperson is not present or the office of chairperson is vacant and the deputy chairperson is not present or the office of deputy chairperson is vacant, the other members of the Board who are present shall choose one of their number to be chairperson of the meeting.

• (3) Every question at a meeting of the Board shall be determined by a majority of the votes of the members of the Board present and voting on the question, and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

• (4) Subject to subparagraph (1), the Board may act notwithstanding one or more vacancies among its members.

• (5) Subject to the provisions of this Act, the Board shall regulate its procedure by rules or otherwise.]

F264[SCHEDULE 2A Bodies and office-holders referred to in Part 9A as Scheduled Bodies

Adoption Board

Chief Inspector

Comptroller and Auditor General

Health Information and Quality Authority

Inspector of Mental Health Services

Irish Medicines Board

Mental Health Commission]

SCHEDULE 3 Transfer of Functions and References to Functional Areas

Section 59 and 67.

SCHEDULE 4 REPEALS AND REVOCATIONS

Section 73. .

PART 1 Acts Repealed

Number and Year

Short Title

Extent of Repeal

• (1)

• (2)

• (3)

No. 26 of 1953

Health Act 1953

Section 65.

No. 1 of 1970

Health Act 1970

Sections 4(1), 4(5), 4(6), 5(1)(a)to (c), 6, 11, 13, 14, 15, 16(1) to 16(6), 17(4), 17(5), 18, 19, 20, 21(1), 21(4), 21(5), 22, 23(1) to 23(3), 24, 25, 26, 32(1), 33, 34, 35, 36, 37, 41(1), 41(3) to 41(8), 41(11) to 41(16), 42, 73, 83 and the Second Schedule.

No. 17 of 1991

Child Care Act 1991

Section 72.

No. 8 of 1993

Comptroller and Auditor General (Amendment) Act 1993

Section 6.

No. 32 of 1996

Health (Amendment) (No. 3) Act 1996

Sections 1, 2(1), 2(3), 3, 4(3), 5, 6(1) to 6(3), 6(6), 7(1) to 7(5), 8(1), 8(2), 9(1), 10, 11(1) to 11(4), 13, 14, 15(1), 15(2), 15(4), 15(5), 16, 17(a) to 17(d), 18(a), 18(c), 19, 23, 24 and 25(3).

No. 13 of 1999

Health (Eastern Regional Health Authority) Act 1999

Sections 2 to 8, 10, 12(1) to 12(5), 13, 14, 15(1) to 15(5), 16, 17(1) to 17(4), 17(6) to 17(10), 18 to 22, 24, First Schedule and Second Schedule.

No. 19 of 2004

Health (Amendment) Act 2004

The Whole Act.

PART 2 Orders Revoked

Number and Year

Short Title

Extent of Revocation

• (1)

• (2)

• (3)

1973 No. 53

Hospital Bodies Administrative Bureau (Establishment) Order 1973

The Whole Order.

1996 No. 213

Health Service Employers Agency (Establishment) Order 1996

The Whole Order.

2004 No. 90

Interim Health Service Executive (Establishment) Order 2004

The Whole Order.

SCHEDULE 5 Savings and Transitional Provisions

Section 74. .

• (2) Sections 19, 76 and 77 apply, with the necessary modifications, in relation to a delegation or subdelegation continued under subparagraph (1).

• (3) Nothing in this Schedule prevents the Executive or an employee of the Executive from performing the functions that immediately before the establishment day were, under any enactment, the functions of a specified body.

• (4) In this paragraph—

“relevant function” means a function that—

• (a) before the establishment day was a function of a specified body, and

• (b) on the establishment day becomes a function of the Executive;

“specified body” has the same meaning as in Part 10.

• (a) an authorised officer under—

• (i) the Poisons Act 1961,

• (ii) the European Communities Act 1972,

• (iii) the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act 1978,

• (iv) the Tobacco (Health Promotion and Protection) Act 1988,

• (v) the Domestic Violence Act 1996,

• (vi) the Food Safety Authority of Ireland Act 1998,

• (vii) the National Beef Assurance Scheme Act 2000, or

• (viii) the Public Health (Tobacco) Acts 2002 and 2004,

• (b) a designated officer under the Protection for Persons Reporting Child Abuse Act 1998,

• (c) an investigation or appeals officer under the Social Welfare Acts,

• (d) a liaison officer under the Education (Welfare) Act 2000,

• (e) an inspector under the International Carriage of Perishable Foodstuffs Act 1987,

• (f) an authorised person or officer, or a designated person or officer, under the Child Care Acts 1991 and 2001,

• (g) a family welfare conference coordinator or a person authorised to perform functions under Part 2 of the Children Act 2001,

• (h) an authorised officer or a person authorised to perform functions under the Adoption Acts 1952 to 1998,

• (i) an authorised officer or person holding office under the Births and Deaths Registration Acts 1863 to 1996 and the Registration of Marriages (Ireland) Act 1863,

• (j) a designated officer or other person authorised to carry out inspections, hear appeals or perform other functions under the Health (Nursing Homes) Act 1990,

• (k) a person authorised to perform functions under the Mental Health Acts 1945 to 2001, or

• (l) an officer, however described, whose functions under any of the Acts referred to in clauses (a) to (k) or any enactment referred to in Schedule 3 are analogous to those of an officer, inspector, coordinator or other person referred to in any of those clauses,

continues to hold that appointment until it is revoked or amended by the Executive.

• (a) the committee may, until it makes a recommendation, continue to perform its functions in relation to the matter as if section 24 of that Act had not been repealed, and

• (b) section 24 of that Act continues to apply in respect of all matters relating to the removal of the officer until those matters are concluded, except that—

• (i) the committee shall make its recommendation to the Executive,

• (ii) any request made to the Minister under section 24(10) of that Act relating to the committee's recommendation is deemed to be a request to issue a direction to the chief executive officer of the Executive, and

• (iii) any direction by the Minister under section 24(11) of that Act relating to the request shall be given to the chief executive officer of the Executive.

• (2) If, before the repeal of section 24 of the Health Act 1970 by this Act, a request was made to the Minister under section 24(10) of that Act and the Minister has not given a direction under section 24(11) of that Act before that repeal, section 24 of that Act continues to apply in respect of all matters relating to the request until those matters are concluded, except that the Minister's direction shall be given to the chief executive officer of the Executive.

• (2) Any function under the Health Acts 1947 to 1953 of a chief medical officer may be performed on and after the establishment day by an appropriately qualified medical practitioner who is an employee of the Executive and is designated in writing by it to perform such function.

• (3) Any function under an enactment of the Director of Community Care and Medical Officer of Health may be performed on and after the establishment day by an appropriately qualified medical practitioner who is an employee of the Executive and is designated in writing by it to perform such function.

• (a) a health board or the chief executive officer of a health board, or

• (b) the Eastern Regional Health Authority or the Regional Chief Executive of that Authority,

in respect of a period beginning before but ending after the establishment day, the Minister may, after consulting the Executive, decide that such service plan or a combination of such service plans constitutes the service plan of the Executive for the remainder of that period.

• (2) If the Minister decides in accordance with this paragraph that a service plan submitted and approved before the establishment day or a combination of such plans constitutes the service plan of the Executive for the remainder of the period concerned, the requirements of this Act, and in particular section 31 , in relation to the adoption and submission of a service plan by the Executive are fulfilled for that period.

• (3) Section 32 (amendment of approved service plan) and section 33 (implementation of approved service plan) apply with the necessary modifications in relation to a service plan of the Executive constituted in accordance with this section.

• (2) The Vote shall read “Estimate of the amount required in the year ending 31 December 2005 for the salaries and expenses of the Health Service Executive and certain other services administered by the Executive, including miscellaneous grants”.

• (3) For the purpose of establishing a Vote under subparagraph (1), an amount not exceeding €7 billion shall be allocated to the Vote.

• (4) This section ceases to have effect on the approval by the Dáil of a financial resolution in respect of the funding of the Executive in 2005.

• (2) An action that—

• (a) before the establishment day, was taken by—

• (i) a voluntary hospital within the meaning of the Health (Eastern Regional Health Authority) Act 1999 in connection with the provision by it of services (within the meaning of that Act) in accordance with an arrangement made under section 10 of that Act with the Eastern Regional Health Authority or an Area Health Board, or

• (ii) a specified voluntary hospital in connection with the provision by it of services under the Health Acts 1947 to 2001 for persons eligible for such services in accordance with an arrangement made by it under section 26 of the Health Act 1970 with a health board,

and

• (b) but for the dissolution by section 58 of the Eastern Regional Health Authority, the Area Health Board or the health board concerned could have been the subject of an investigation or complaint under the Ombudsman for Children Act 2002,

is deemed to have been taken by the voluntary hospital concerned in accordance with an arrangement under section 38 .

• (3) In this paragraph, “specified voluntary hospital” means a voluntary hospital that was specified in Schedule 2 of the Ombudsman for Children Act 2002 before the amendment of that Act by section 75 of this Act.

• (2) For the purpose of section 18 of the Freedom of Information Act 1997, any act done by a health board before the establishment day of the Executive is deemed to have been done by the Executive.

SCHEDULE 6 AMENDMENT OF OTHER ACTS

Section 75 .

PART 1 Amendment of Health Act 1947

Item

Provision affected

Amendment

1.

Section 33

In paragraph (b), substitute “medical officer of health for the area” for “district medical officer for the district”.

2.

Section 36

In subsection (1)(c), substitute “medical officer of health for the area” for “district medical officer for the district”.

3.

Section 37

In subsections (1) to (3), substitute “medical officer of health” for “district medical officer” wherever occurring.

4.

Section 78 (as amended by the Health (Amendment) Act 2004)

Substitute the following subsection for subsection (1):

• “(1) The Health Service Executive may acquire land either—

  • (a) by agreement, subject to any general directions given by the Minister with the consent of the Minister for Finance, or

  • (b) compulsorily under this Part of this Act or the Acts incorporated with this Act.”.

5.

Section 89 (as amended by the Health (Amendment) Act 2004)

Substitute the following subsection for subsection (1):

• “(1) The Health Service Executive may, subject to any general directions given by the Minister with the consent of the Minister for Finance, sell, exchange, let or otherwise dispose of any land vested in it.”.

PART 2 Amendment of Health Act 1953

Item

Provision affected

Amendment

1.

Section 62

In subsection (1)(b)(ii), substitute “the Health Service Executive” for each reference to “the Minister” and substitute “any board constituted by the Public Appointments Service in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 ” for “any board constituted by the Local Authorities (Officers and Employers) Act 1926(No.39 of 1926)”.

PART 3 Amendment of Health (Corporate Bodies) Act 1961

Item

Provision inserted

Amendment

1.

Section 3A

Insert the following section after section 3:

“3A (1) The Minister may by order establish a body to perform, subject to such modifications as are specified in the order, functions that, immediately before the establishment day, were being performed by a specified body.

• (2) An establishment order shall include provision for—

  • (a) the transfer, without further conveyance or assignment, of any property, rights and liabilities of the specified body to the body established under this section,

  • (b) the preservation of continuing contracts and commitments made by the specified body, and

  • (c) the continuance of pending legal proceedings.

• (3) Each person who, immediately before the establishment day of a body established under this section, is an employee of the specified body is, on that day, transferred to and becomes an employee of the body established under this section.

• (4) 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 body established under this section, to terms and conditions of employment no less favourable than those to which the person was entitled immediately before the establishment day of that body.

• (5) 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 body established under this section after consulting and reaching a collective agreement with the recognised trade union or association of the employees concerned, they continue to apply to that person while in the employment of that body.

• (6) 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) Adoptive Leave Act 1995;

  • (c) Maternity Protection Act 1994;

  • (d) Protection of Employees (Fixed-Term Work) Act 2003;

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

  • (f) the Organisation of Working Time Act 1997;

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

  • (h) the Unfair Dismissals Acts 1977 to 2001;

  • (i) the Carer's Leave Act 2001;

  • (j) the Parental Leave Act 1998.

• (7) 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 applicable transfer day.

• (8) A body established under this section shall make payments in respect of remuneration and allowances to its employees out of funds at its disposal.

• (9) The pension payments and other superannuation liabilities in respect of former employees of the specified body become, on the establishment day, the liability of the body established under this section.

• (10) In this section—

‘previous service’ means service with the specified body before the establishment day of the body established under this section;

‘recognised trade union or association of employees’ means a trade union or association of employees recognised by the specified body for the purposes of negotiations that are concerned with the terms and conditions of employment and the working conditions of employees;

‘specified body’ means a body that was established under section 11 of the Health Act 1970 and that is specified by the Minister in an establishment order under this section;

‘terms and conditions of employment’ includes terms and conditions in respect of remuneration and tenure of office and related matters.”.

PART 4 Amendment of Poisons Act 1961

Item

Provision affected

Amendment

1.

Section 14

• (a) In subsection (3)(j), substitute the following subparagraph for subparagraph (iv):

• “(iv) by the Health Service Executive and its employees,”.

• (b) In subsection (3)(k), substitute “and in the case of an employee of the Health Service Executive, a written authorisation of the Executive” for “and in the case of an officer of a health board, a written authorisation of the board”.

• (c) In subsection (3)(o), substitute “the Health Service Executive” for “health boards”

PART 5 Amendment of Family Law (Maintenance of Spouses and Children) Act 1976

Item

Provision affected

Amendment

1.

Section 16

In subsection (1), substitute “the Health Service Executive” for “a health board”.

PART 6 Amendment of Unfair Dismissals Act 1977

Item

Provision affected

Amendment

1.

Section 2

In subsection (1) (as amended by the Unfair Dismissals (Amendment) Act 1993), substitute the following paragraphs for paragraph (j):

• “(j) officers of a vocational committee established by the Vocational Education Act 1930,

• (k) the chief executive officer of the Health Service Executive for the purposes of section 17 of the Health Act 2004.”.

PART 7 Amendment of Misuse of Drugs Act 1977

Item

Provision affected

Amendment

1.

Section 28 (as amended by the Misuse of Drugs Act 1984)

• (a) In subsection (1)(a), substitute “the Health Service Executive” for “a health board”.

• (b) In subsection (1)(b), substitute “the Health Service Executive” for “a health board”.

• (c) In subsection (2), substitute “the Health Service Executive” for “a health board”.

• (d) In subsection (11), delete the definition of “health board”.

PART 8 Amendment of the Ombudsman Act 1980

Item

Provision affected

Amendment

1.

First Schedule (as amended by the Ombudsman Act (First Schedule) (Amendment) Order 1984)

Substitute “the Health Service Executive” for “Health boards”, wherever occurring.

2.

Second Schedule (as amended by the Ombudsman Act 1980 (Second Schedule) (Amendment) Order 1985)

Substitute “the Health Service Executive” for “Health boards”.

PART 9 Amendment of Misuse of Drugs Act 1984

Item

Provision affected

Amendment

1.

Section 8

In subsection (1), substitute “the Health Service Executive” for “a health board”.

PART 10 Amendment of International Carriage Of Perishable Foodstuffs Act 1987

Item

Provision affected

Amendment

1.

Section 8

• (a) In subsection (1), delete “, with the consent of the Minister for Health,”.

• (b) In subsection (1), substitute “the Health Service Executive” for “a health board”.

PART 11 Amendment of Housing Act 1988

Item

Provision affected

Amendment

1.

Section 9

In subsection (4), substitute the following paragraph for paragraph (b):

• “(b) the Health Service Executive, and”.

2.

Section 11

Substitute the following subsection for subsection (4):

• “(4) A scheme made under this section may provide that the housing authority shall obtain and have regard to a report from a medical practitioner employed by the Health Service Executive in the making of lettings of dwellings where priority is claimed on grounds consisting of, or including, medical grounds.”.

PART 12 Amendment of Child Abduction and Enforcement of Custody Orders Act 1991

Item

Provision affected

Amendment

1.

Section 2

Delete the definition of “health board”.

2.

Section 14

Substitute “the Health Service Executive” for “a health board”.

3.

Section 30

Substitute “the Health Service Executive” for “a health board”.

4.

Section 37

• (a) Substitute the following subsection for subsection (2):

• “(2) Where a child is detained under this section a member of the Garda Síochána shall as soon as possible—

  • (a) return the child to the custody of a person (not being the Health Service Executive) in favour of whom a court has made an order referred to in subsection (1) of this section unless the member has reasonable grounds for believing that such person will act in breach of such order, or

  • (b) where the child has been in the care of the Health Service Executive, return the child to it, or

  • (c) in a case other than one to which paragraph (a) or (b) of this subsection applies, or where the member is of the belief referred to in the said paragraph (a), deliver the child into the care of the Health Service Executive.”.

• (b) In subsections (3) to (5), substitute “the Health Service Executive” for “a health board”, wherever occurring.

• (c) In subsections (3) to (5), substitute “the Health Service Executive” for “the health board”, wherever occurring.

PART 13 Amendment of Family Law Act 1995

Item

Provision affected

Amendment

1.

Section 47

• (a) In subsection (1), substitute the following paragraph for paragraph (b):

• “(b) such person nominated by the Health Service Executive specified in the order as the Health Service Executive may nominate, being a person who in its opinion is suitably qualified for the purpose, or”.

• (b) Delete subsection (7).

PART 14 Amendment of Domestic Violence Act 1996

Item

Provision affected

Amendment

1.

Section 1

In subsection (1), delete the definition of “health board”.

2.

Section 2

• (a) In subsection (1)(a), substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring.

• (b) In subsection (3), substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring.

3.

Section 3

• (a) In subsection (1), substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring.

• (b) In subsection (6), substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring.

4.

Section 5

In subsection (2), substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring.

5.

Section 6

• (a) In subsection (1), substitute “the Health Service Executive” for “a health board”.

• (b) In subsection (2), substitute “the Health Service Executive” for “a health board”.

• (c) In subsection (3), substitute “the Health Service Executive” for “a health board”.

• (d) In subsection (5), substitute “the Health Service Executive” for “the health board”.

• (e) Delete subsection (6).

6.

Section 7

• (a) In subsection (1), substitute “the Health Service Executive” for “the health board for the area in which such dependent person resides or is for the time being”.

• (b) In subsection (2), substitute “the Health Service Executive” for “the health board concerned”.

• (c) In subsection (3), substitute “the Health Service Executive” for “the health board concerned”.

• (d) In subsection (4), substitute “the Health Service Executive” for “a health board”.

7.

Section 11

• (a) In subsection (3), substitute “the Health Service Executive” for “the health board” and “a health board” wherever occurring.

• (b) In subsection (2), substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring.

• (c) In subsection (3), substitute “the Health Service Executive” for “the health board for the area in which the person resides”.

8.

Section 13

Substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring.

PART 15 Amendment of Refugee Act 1996

Item

Provision affected

Amendment

1.

Section 8

• (a) In subsection (5)(a) (as amended by section 11 of the Immigration Act 1999), substitute “Health Service Executive” for “health board in whose functional area the child is”.

• (b) In subsection (5), substitute the following paragraph for paragraph (b):

• “(b) Where it appears to the Health Service Executive, on the basis of information available to it, that an application for a declaration should be made by or on behalf of a child referred to in paragraph (a), the Health Service Executive shall arrange for the appointment of an employee of the Health Service Executive or such other person as it may determine to make an application on behalf of the child.”.

• (c) In subsection (5)(c), substitute “Health Service Executive” for “health board concerned.”.

• (d) In subsection (5), delete paragraph (d).

2.

Section 9

In subsection (12), substitute the following paragraph for paragraph (c):

• “(c) Where an unmarried child under the age of 18 years is in the custody of any person (whether a parent or a person acting in loco parentis or any other person) and such person is detained pursuant to the provisions of this section, the immigration officer or the member of the Garda Síochána concerned shall, without delay, notify the Health Service Executive of the detention and of the circumstances thereof.”.

3.

Section 9A (as amended by section 7 of the Immigration Act 2003)

In subsection (2), substitute the following paragraph for paragraph (b):

• “(b) an employee of the Health Service Executive or other person appointed by the Health Service Executive under section 8(5)(b).”.

PART 16 Amendment of Housing (Miscellaneous Provisions) Act 1997

Item

Provision affected

Amendment

1.

Section 3 (as amended by section 197 of the Residential Tenancies Act 2004)

In subsection (2), substitute the following paragraph for paragraph (a):

• “(a) having consulted the tenant or the relevant purchaser and the Health Service Executive, believe that the tenant or relevant purchaser—

  • (i) may be deterred or prevented by violence, threat, or fear from pursuing an application for an exclusion order, or

  • (ii) does not intend, for whatever other reason, to make such an application, and”.

2.

Section 3A (as amended by section 197 of the Residential Tenancies Act 2004)

In subsection (2), substitute the following paragraph for paragraph (a):

• “(a) having consulted the authorised person concerned and the Health Service Executive believe that such authorised person—

  • (i) may be deterred or prevented by violence, threat or fear from pursuing an application for a site excluding order, or

  • (ii) does not intend, for whatever other reason, to make such an application,

  and”.

3.

Section 7

In subsection (1), substitute the following paragraphs for paragraphs (c) and (d):

• “(c) the housing authority in whose functional area the house in respect of which the application for the order was made is situate,

• (d) the Health Service Executive, and

• (e) the member of the Garda Síochána in charge of the Garda Síochána station for the area in which the house in relation to which the application for the order was made is situate.”.

PART 17 Amendment of Housing (Traveller Accommodation) Act 1998

Item

Provision affected

Amendment

1.

Section 8

Substitute the following paragraph for paragraph (c):

• “(c) the Health Service Executive,”.

PART 18 Amendment of Immigration Act 1999

Item

Provision affected

Amendment

1.

Section 5

In subsection (4)(c), substitute “Health Service Executive” for “health board for the area in which the person is being detained”.

PART 19 Amendment of National Beef Assurance Scheme Act 2000

Item

Provision affected

Amendment

1.

Section 2

In the definition of “authorised officer”, substitute the following paragraph for paragraph (c):

• “(c) an employee of the Health Service Executive authorised in writing by the chief executive officer of the Health Service Executive to be an authorised officer for the purposes of section 6(1)(d) and (2);”.

2.

Section 29

Substitute the following subsection for subsection (2):

• “(2) The Health Service Executive may appoint such and so many persons as it considers necessary to be authorised officers for the purpose of the implementation of section 6(1)(d) and (2).”.

PART 20 Amendment of Sex Offenders Act 2001

Item

Provision affected

Amendment

1.

Section 25

In subsection (1), in the definition of “state work or a service”, substitute the following paragraphs for paragraph (d):

• “(d) is an officer or servant of a harbour authority or vocational education committee, or

• (e) is an employee of the Health Service Executive.”.

PART 21 Amendment of Local Government Act 2001

Item

Provision affected

Amendment

1.

Section 2

In subsection (1), in the definition of “public authority”, substitute the following paragraph for paragraph (d):

• “(d) the Health Service Executive established under section 6 of the Health Act 2004;”.

2.

Section 13

In subsection (1), insert the following subparagraph after subparagraph (i):

• “(ii) is a person employed by the Health Service Executive and is at a grade or of a description of employment designated by order of the Minister for Health and Children, or”.

3.

Section 85

Substitute the following subsection for subsection (7):

• “(7) This section is without prejudice to section 8 of the Health Act 2004 and an agreement may not be entered into under this section in any case in which an agreement could be entered into under that section.”.

4.

Section 220

In subsection (1) in the definition of “linked body” (as amended by the Health (Amendment) Act 2004) insert “a Regional Health Forum established under the Health Act 2004,” after “means”.

PART 22 Amendment of Public Health (Tobacco) Act 2002

Item

Provision affected

Amendment

1.

Section 2 (as amended by section 2 of the Public Health (Tobacco) (Amendment) Act 2004)

In subsection (1), delete the definition of “health board”.

2.

Section 6

• (a) Substitute the following subsection for subsection (2):

• “(2) Summary proceedings for an offence under this Act may be brought and prosecuted by the Health Service Executive.”.

• (b) In subsection (3), substitute “the Health Service Executive,” for “the health board concerned,”.

3.

Section 10

In subsection (1)(h), substitute “the Health Service Executive” for “health boards” and “the health boards”.

4.

Section 47 (as amended by section 16 of the Public Health (Tobacco) (Amendment) Act 2004)

In subsection (7), substitute the following definition for the definition of “health premises”:

“ ‘health premises’ means any hospital, sanatorium, home, laboratory, clinic, health care centre or similar premises required for the provision of services under the Health Acts 1947 to 2004, provided and maintained by the Health Service Executive;”.

5.

Section 48

• (a) Substitute the following subsection for subsection (2):

• “(2) The Health Service Executive shall appoint such one or more persons, as it considers appropriate, to be an authorised officer or authorised officers for the purposes of this Act.”.

• (b) In subsection (3)(b), substitute “Health Service Executive,” for “health board concerned,”.

6.

Section 49

In subsection (2), substitute “the Health Service Executive” for “a health board” and “the health board”.

7.

Section 51

In subsection (3)(b), substitute “the Health Service Executive” for “the health board” and “the health board concerned”.

PART 23 Amendment of Ombudsman for Children Act 2002

Item

Provision affected

Amendment

1.

Section 2

• (a) In subsection (1), delete the definition of “health board”.

• (b) In subsection (1), substitute the following definition for the definition of “voluntary hospital”:

“ ‘voluntary hospital’ means a hospital which is substantially funded by means of an arrangement with the Health Service Executive under section 38 of the Health Act 2004 and the governing body of which is not the Health Service Executive or a committee of it.”.

2.

Section 9

• (a) In subsection (1)(a), insert “or” after “the Act of 1988,”.

• (b) In subsection (1), substitute the following paragraph for paragraphs (b) and (c):

• “(b) a voluntary hospital in connection with the provision by it of health and personal social services within the meaning of the Health Act 2004 in accordance with an arrangement made by it under section 38 of that Act with the Health Service Executive,”.

• (c) Delete subsection (4).

3.

Section 13

In subsection (2)(b), substitute the following subparagraph for subparagraph (iii):

• “(iii) where the investigation relates to an action taken by or on behalf of a voluntary hospital, to the Health Service Executive,”.

4.

Schedule 1

• (a) In Part 1(4), substitute “The Health Service Executive.” for “a health board.”.

• (b) In Part 2, substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring.

PART 24 Amendment of Licensing of Indoor Events Act 2003

Item

Provision affected

Amendment

1.

Section 1

Delete the definition of “health board”.

2.

Section 13

Substitute the following subsection for subsection (1):

“13.—(1) No action or other proceeding shall lie or be maintainable against—

• (a) the Minister or a fire authority or any officer of or person employed by the fire authority,

• (b) the Health Service Executive or any person employed by the Health Service Executive,

• (c) any person engaged by a fire authority or the Health Service Executive,

• (d) a member of the Garda Síochána, or

• (e) an authorised officer,

for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure to exercise any function conferred or imposed on the fire authority or the Health Service Executive by or under this Act.”.

3.

Section 21

Substitute the following subsection for subsection (1):

• “(1) A fire authority may appoint in writing such and so many persons to be authorised officers for the purposes of Part 1 or 2 and without prejudice to the generality of the foregoing such persons may include a person who is employed by the Health Service Executive.”.

PART 25 Amendment of Immigration Act 2003

Item

Provision affected

Amendment

1.

Section 5

In subsection (2)(d), substitute “Health Service Executive” for “health board for the area in which the person is being detained”.

2.

Section 8

In subsection (4), substitute “the Health Service Executive,” for “a health board,”.

PART 26 Amendment of Civil Registration Act 2004

Item

Provision affected

Amendment

1.

Section 2

• (a) Delete the definition of “authority”.

• (b) Insert the following definition:

” ‘Executive’ means the Health Service Executive;”.

• (c) Delete the definition of “health board”.

• (d) Insert the following definition:

“ ‘registration area’ shall be construed in accordance with section 15(1) and (2A);”.

• (e) Substitute the following for the definition of “scheme”:

“ ‘scheme’ means a scheme approved under section 14;”.

2.

Section 14

• (a) Substitute the following subsection for subsection (1):

• “(1) As soon as may be after the appointment of the first Superintendent Registrar of a registration area, he or she shall prepare a scheme in writing for the administration of the Civil Registration Service in that area and shall, after it has been approved by the Executive, submit the scheme to the Minister.”.

• (b) In subsection (3)(a), substitute “of the registration area concerned” for “of the authority concerned”.

• (c) In subsections (3)(b) and (4), substitute “the Executive” for “the authority concerned”.

• (d) In subsection (5), substitute “the Executive” for “the authority”.

• (e) In subsection (6), substitute “the Executive” for “the relevant authority”.

• (f) Substitute the following subsection for subsection (7):

• “(7) Without prejudice to the generality of subsection (1), a scheme shall specify in relation to a registration area—

  • (a) the number of registrars required for the purpose of the performance of the Executive's functions within that area,

  • (b) the number of other employees required for that purpose,

  • (c) the locations within that area of the offices of the Executive,

  • (d) the proposed functions of, and distribution of functions between, the registrars and employees assigned pursuant to the scheme,

  • (e) particulars of the proposed conditions of employment of the registrars and employees assigned pursuant to the scheme, and

  • (f) particulars or provisions in relation to any other matter standing specified for the time being by the Minister.”.

• (g) In subsection (8), substitute “the Executive in relation to the registration area concerned” for “the authority concerned”.

3.

Section 15

• (a) Substitute the following subsections for subsections (1) and (2):

• “(1) Each functional area of the Health Service Executive shall, subject to subsection (2A), be a registration area for the purposes of this Act.

• (2) After consulting with an tArd Chláraitheoir, the Executive shall assign a name to each registration area.

• (2A) The Executive may, with the consent of an tArd Chláraitheoir, redefine for the purposes of this Act the boundaries of any of its functional areas, and, if it does so, that functional area as redefined shall be a registration area for those purposes.”.

• (b) Substitute the following for subsection (3):

• “(3) Under the overall management, control and supervision of an tArd Chláraitheoir, the Executive shall, in accordance with the provisions of the relevant scheme, manage, control and administer, through the Superintendent Registrar of each registration area, the Civil Registration Service in that area and perform in the area the other functions conferred on it by or under this Act.”.

• (c) In subsection (4)—

• (i) substitute “the Executive” for “an authority” wherever occurring,

• (ii) delete “its expenditure on and”, and

• (iii) substitute “a registration area” for “its functional area”.

• (d) Substitute the following for subsection (5):

• “(5) The Executive shall, in each year beginning with the year 2005, prepare an estimate in writing of its income and expenditure in the next following year in respect of each registration area and shall submit a copy of it to an tArd Chláraitheoir.”.

4.

Section 16

• (a) Delete subsection (1).

• (b) In subsection (2), substitute “Accounts of the Executive relating to each scheme” for “Accounts of an authority”.

• (c) Delete subsection (3).

5.

Section 17

• (a) Substitute the following subsections for subsections (1) to (3):

• “(1) Subject to the provisions of this section, the Executive, after consulting with an tArd Chláraitheoir, shall—

  • (a) appoint, in respect of each registration area, an employee of the Executive as the chief officer of that area to be known as the Superintendent Registrar,

  • (b) appoint such number of employees of the Executive as registrars of births, stillbirths, deaths and marriages and assign them to each registration area, and

  • (c) assign such number of other employees to each registration area,

  as it considers necessary for the performance of its functions.

• (2) The appointment and assignment of a registrar under paragraph (b) and the assignment of an employee under paragraph (c) of subsection (1) to a registration area shall be in accordance with the scheme relating to the area.

• (3) The Superintendent Registrar of a registration area shall manage, control and administer the Civil Registration Service on behalf of and subject to the control and direction of the Executive in that area and shall perform such other functions in relation to the Civil Registration Service as may from time to time be specified in writing to him or her by the Executive.”.

• (b) In subsection (4), substitute “in the registration area to which he or she is assigned” for “in the functional area of the authority by which he or she was appointed” and substitute “a scheme relating to that area” for “a scheme made by the authority by which he or she was appointed”.

• (c) In subsection (5), substitute “the registration area to which the registrar or officer is assigned” for “the authority by which the registrar or officer was appointed”.

• (d) Substitute the following subsection for subsection (6):

• “(6) A Superintendent Registrar of a registration area may give a direction to a registrar or authorised officer assigned to that area.”.

• (e) In subsection (8), substitute “the Executive” for “the authority concerned”.

• (f) Substitute the following subsection for subsection (9):

• “(9) A person holding office under this section (including a Superintendent Registrar and a registrar) may be removed from office by the Executive if, in its opinion, the person is incapable by reason of ill health of performing the functions of the office or has committed stated misbehaviour or his or her removal from office appears to the Executive to be necessary for the effective performance of the functions of the office.”.

• (g) In subsection (10), substitute the following paragraph for paragraph (a):

• “(a) The Executive may appoint any of its employees to be authorised officers either, as may be specified in the instrument of appointment, for the purposes of this Act or for the purposes of specified provisions of this Act and shall assign such officers to a registration area.”.

6.

Section 19

• (a) In subsection (3)—

• (i) substitute “the Superintendent Registrar in whose registration area” for “the authority in whose functional area” and substitute “the Superintendent Registrar may” for “the authority may”, and

• (ii) substitute the following paragraph for paragraph (a):

• “(a) to attend before a registrar in that registration area, at the office of the registrar or such other (if any) convenient place as may be specified by the Superintendent Registrar on or before a day so specified (not being less than 7 days from the date of the notice nor more than 12 months from the date of the birth),”.

• (b) In subsection (5), substitute “in whose registration area” for “of the authority in whose functional area”.

7.

Section 20

In subsection (1), substitute “of the registration area to which the registrar is assigned” for “of the authority by which he or she was appointed”.

8.

Section 23

In subsection (2), substitute “of the registration area to which the registrar is assigned” for “of the authority by which the registrar is employed”.

9.

Section 24

In subsection (3), substitute “of the registration area to which the registrar is assigned” for “of the authority by which the registrar is employed”.

10.

Section 28

• (a) In subsection (4), substitute “Superintendent Registrar in whose registration area” for “the authority in whose functional area” and substitute “in that registration area” for “of the authority”.

• (b) In subsection (7), substitute “registration area” for “functional area of the authority”.

11.

Section 29

Substitute “registration area” for “authority”.

12.

Section 30

In subsections (1) and (2), substitute “Superintendent Registrar in whose registration area” for “authority in whose functional area”.

13.

Section 37

• (a) In subsection (2), substitute “Superintendent Registrar in whose registration area” for “authority in whose functional area”.

• (b) In subsection (2)(a), substitute “that registration area or in the registration area” for “that functional area or in the functional area of the authority”.

14.

Section 40

In subsection (1), substitute “of the registration area to which the registrar is assigned” for “of the authority by which the registrar is employed”.

15.

Section 41

In subsection (4), substitute “registration area” for “functional area of the authority”.

16.

Section 43

In subsections (1) and (2), substitute “registration area” for “functional area of the authority”.

17.

Section 45

In the definition of “body” substitute “the Executive” for “an authority”.

18.

Section 52

• (a) In subsection (1), substitute “the Executive” for “the authority by which the registrar is employed” and for “that authority”.

• (b) In subsection (2)(a), substitute “the Executive” for “the authority by whom the registrar is employed”.

• (c) In subsection (2)(b), substitute “the Executive” for “the authority by which he or she is employed”.

19.

Section 53

In subsection (4)(a), substitute “the Executive” for “an authority”.

20.

Section 54

In subsection (2), substitute the following paragraph for paragraph (a):

• “(a) in case the body is the Executive, for the registration of a registrar named in the application who is employed by the Executive and is aged 18 years or more.”.

21.

Section 56

• (a) In subsection (5)(a), substitute “the Executive” for “an authority”.

• (b) In subsection (5)(c)(i), substitute “the Executive” for “an authority” and for “the authority”.

• (c) In subsection (5)(c)(ii), substitute “the Executive” for “an authority”.

• (d) In subsection (5)(c)(iii), substitute “the Executive” for “an authority” wherever occurring and for “the authority”.

22.

Section 58

In subsection (2), substitute the following for everything before paragraph (c):

• “(2) Where an objection under subsection (1) is received by a registrar assigned to a registration area other than the registration area to which is assigned the registrar who, in relation to the marriage concerned, was given the notification referred to in section 46 or a copy of an order referred to in that section—

  • (a) the registrar by whom the objection is received shall refer the objection to the Superintendent Registrar of the registration area to which is assigned the registrar who was given the notification or the copy of the court order,

  • (b) the Superintendent Registrar to whom the objection is referred shall direct a registrar assigned to his or her registration area to perform the function conferred by this section on the registrar who received the objection,”.

23.

Section 60

In subsection (2), substitute—

• (a) “the Executive” for “the authority concerned”,

• (b) “by the Executive to such employee of the Executive” for “by the authority to such officer of the authority”, and

• (c) “as the Executive” for “as the authority”.

24.

Section 61

• (a) In subsection (1)(b), in subparagraph (i), delete “or” where it occurs after “a true copy,”; in subparagraph (ii), insert “or” after “a copy”; and insert the following subparagraph:

• “(iii) a certified extract,”.

• (b) In subsection (2)(b), in subparagraph (i), delete “or” where it occurs after “a true copy,”; in subparagraph (ii), insert “or” after “a copy”; and insert the following subparagraph:

• “(iii) a certified extract,”.

• (c) Insert the following subsection:

• “(5) The Minister may make regulations specifying particulars to be included in a certified extract referred to in subsection (1) or (2).”.

25.

Section 64

• (a) In subsection (1), substitute “of the registration area to which the registrar is assigned” for “of the authority by which the registrar is employed”.

• (b) In subsection (2), substitute “any registration area” for “any authority” and substitute “in that registration area” for “of that authority”.

26.

Section 66

• (a) In subsection (1)(g), substitute “the Executive” for “a health board”.

• (b) In subsection (1)(i), substitute “the Executive” for “a health board”.

27.

Section 68

In subsection (3), substitute “the Executive” for “the relevant authority”.

28.

Section 71

• (a) In subsection (1), substitute “the Executive” for “the authority in whose functional area the offence was committed”.

• (b) In subsections (2) and (3), substitute “the Executive” for “the authority concerned”.

29.

Section 73

In subsection (5), substitute “medical practitioners employed by the Executive” for “medical officers of health boards”.

30.

First Schedule

In Part 2, delete “Personal public service number of child”.

SCHEDULE 7

Section 75 .

PART 1 Amendment Of Adoption Act 1952

Item

Provision affected

Amendment

1.

Section 3 (as amended by section 2 of the Adoption Act 1998)

Delete the definition of “health board”.

2.

Section 3A

Insert the following after section 3:

“Transitional provision.

3A.—Any function or provision. action performed or any decision made by or on behalf of a health board under the Adoption Acts 1952 to 1998, before the establishment day of the Health Service Executive, in connection with an application or any other matter that has not been concluded before that day shall be deemed to have been performed or made by or on behalf of the Executive.”.

3.

Section 16 (as amended by section 5 of the Adoption Act 1998)

In subsection (1)(h), substitute “the Health Service Executive” for “health board”.

4.

Section 19A (as inserted by section 6 of the Adoption Act 1998)

In subsection (6), substitute “The Health Service Executive” for “A health board”.

PART 2 Amendment of Guardianship of Infants Act 1964

Item

Provision affected

Amendment

1.

Section 15 (as amended by section 76 of the Child Care Act 1991)

Substitute the following section for section 15:

“Power of Court to order repayment of costs of bringing up child.

15.—(1) Where, upon application by a parent for the production of a child, the court finds that the child is being brought up at the expense of another person, the court may, in its discretion, if it orders that the child be given up to the parent, further order that the parent shall pay to that person the whole of the costs properly incurred by the person in bringing up the child or such portion of those costs as the court considers reasonable.

• (2) Where, upon application by a parent for the production of a child, the court finds that—

  • (a) assistance has been provided for the child at any time by a health authority under section 55 of the Health Act 1953,

  • (b) the child has been maintained in the care of a health board under section 4 of the Child Care Act 1991 at any time before the amendment of that provision by the Health Act 2004, or

  • (c) the child has been maintained in the care of the Health Service Executive under section 4 of the Child Care Act 1991 at any time after the amendment of that provision by the Health Act 2004,

  the court may, in its discretion, if it orders that the child be given up to the parent, further order that the parent shall pay to the Health Service Executive the whole of the costs properly incurred by the health authority in providing such assistance or by the health board or the Executive in maintaining the child in care or such portion of those costs as the court considers reasonable.

• (3) In determining the amount to be repaid under this section, the court shall have regard to the circumstances of the case including, in particular, the means of the parent.”.

2.

Section 16 (as amended by section 77 of the Child Care Act 1991)

In paragraph (b), substitute “to be maintained as described in section 15(2)(b) or (c) in the care of a health board or the Health Service Executive” for “to be maintained in the care of a health board under section 4 of the Child Care Act, 1991 ”.

PART 3 Amendment of Adoption Act 1988

Item

Provision affected

Amendment

1.

Section 2

• (a) In subsection (1)(c), substitute “the Health Service Executive” for “the health board in whose functional area the applicants ordinarily reside,”.

2.

Section 3

• (a) In subsection (1), substitute “the Health Service Executive” for “the health board in whose functional area they ordinarily reside,”.

• (b) In subsection (1)(a), substitute “the Health Service Executive” for each reference to “the health board”.

• (c) In subsection (1)(b), substitute “the Health Service Executive” for “the health board”.

• (d) In subsection (4), substitute “The Health Service Executive” for “The health board concerned”.

• (e) Delete subsection (6).

• (f) In subsection (7), substitute “the Health Service Executive,” for “a health board” and substitute “the Executive” for each reference to “the board”.

PART 4 Amendment of Health (Nursing Homes) Act 1990

Item

Provision affected

Amendment

1.

Section 1

• (a) In subsection (1), substitute the following definition for the definition of “register”:

“ ‘register’ means a register of nursing homes that is established or deemed to have been established by the Health Service Executive under section 4, and cognate words shall be construed accordingly;”.

• (b) Substitute the following definition for the definition of “registered proprietor”:

“ ‘registered proprietor’, in relation to a registered nursing home means the person whose name is entered in the register as the person carrying on the home;”.

2.

Section 2

• (a) In subsection (1)(a), (e) and (f), substitute “the Health Service Executive” for “a health board”.

• (b) In subsection (1)(g)(ii) and (iii), substitute “the Health Service Executive” for “a health board”.

3.

Section 4

• (a) Substitute the following subsection for subsection (1):

• “(1) The Health Service Executive shall establish and maintain a register of nursing homes in each functional area of the Executive.

• (1A) For the purpose of subsection (1), each register of nursing homes established by a health board before the amendment of this Act by the Health Act 2004 shall be deemed to have been established by the Health Service Executive and shall be maintained by the Executive.”.

• (b) In subsection (3)(a), substitute “The Health Service Executive” for “A health board” and delete “in its functional area”.

• (c) In subsection (3)(c), substitute “the Health Service Executive” for “a health board”.

• (d) In subsection (3) insert the following paragraph after paragraph (c):

• “(d) An application for a declaration under subsection (4)(a) or for registration that is made to a health board before the amendment of this subsection by the Health Act 2004 shall be deemed to have been made to the Health Service Executive if the health board has not, before the establishment day of the Executive, given or refused to give the declaration or granted or refused to grant registration for the nursing home in relation to which the application was made, as the case may be.”.

• (e) In subsection (4)(a), substitute “the Health Service Executive” for “the health board in whose functional area the home will be situated”.

• (f) In subsection (4)(a), (b) and (c) substitute “the Executive” for “the board”, wherever occurring.

• (g) In subsection (4)(b), substitute “the Health Service Executive” for “a health board”.

• (h) In subsections (4)(c), (5) and (6), substitute “The Health Service Executive” for “A health board”.