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Reform history

Health Act 2004

2 versions · 2004-12-17

2023-03-01

IE-2004-act-42 — consolidated version 2023-03-01

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# Health Act 2004

## PART 1 Preliminary Matters

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

##### 1. **Short title, collective citation and construction.**

**1.—**(1) This Act may be cited as the Health Act 2004.

(2) The Health Acts 1947 to 2001 and this Act may be cited together as the Health Acts 1947 to 2004 and shall be construed together as one.

##### 2 Interpretation.

##### 2. **Interpretation.**

**2.—**(1) In this Act, unless the context otherwise requires—

@@ -18,20 +16,30 @@

“annual report” means a report prepared under *section 37*;

“appointed member” means a member of the Board other than the chief executive officer;

F2[…]

“Area Health Board” has the same meaning as in the Act of 1999;

“Board” means the Board of the Executive;

F3[“Board”has the meaning assigned to it by*section 16N*;]

“carer” means a person who provides care for another person, but who is not employed to do so by any body in the performance of its functions under an enactment;

“chairperson” means the chairperson of the Board;

“chief executive officer” means the person holding the position of chief executive officer or interim chief executive officer of the Executive;

F3[“chief executive officer”has the meaning assigned to it by*section 21A*;]

“clinical judgment” means a decision made or opinion formed in connection with the diagnosis, care or treatment of a patient;

F4[“Committee of Public Accounts”means the Committee of Dáil Éireann established under the rules and standing orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General;]

F1[“Directorate”means the Directorate established under*section 16A*;]

F1[“Director General”means the person holding the office of Director General appointed pursuant to*section 16E*;]

F5[“disability”means disability as defined in section 2 ofthe Disability Act 2005and the term "substantial restriction" in that definition shall be construed as meaning a restriction as described in section 7(2) of that Act;]

“Eastern Regional Health Authority” means the body of that name established by section 7 of the Act of 1999;

“enactment” means a statute or an instrument made under a power conferred by a statute;

@@ -50,11 +58,11 @@

“local authority” has the same meaning as in the Local Government Act 2001;

“member” in relation to the Board includes the chairperson and the chief executive officer;

F3[“member”, in relation to the Board, includes the chairperson and the deputy chairperson;]

“Minister” means Minister for Health and Children;

“ordinary member” means a member of the Board other than the chairperson or the chief executive officer;

F3[“ordinary member”means a member of the Board other than the chairperson or the deputy chairperson;]

“prescribed” means prescribed by regulation made by the Minister;

@@ -78,6 +86,14 @@

“service provider” means a person who enters into an arrangement under *section 38* to provide a health or personal social service on behalf of the Executive;

F5[“specialist community-based disability services”means any health or personal social services, provided by or on behalf of the Executive under this Act or any other enactment, in the community to a person who has a disability, and so provided in relation to that disability, other than any such services provided—

(*a*) underthe Mental Health Acts 1945 to 2001, or

(*b*) in a hospital;

“specialist community-based disability services functions”means the management and delivery, or arrangement of delivery on its behalf, by the Executive, of specialist community-based disability services;]

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death.

(2) In this Act—

@@ -88,23 +104,27 @@

(*c*) a reference to an enactment includes a reference to that enactment as amended, adapted or extended at any time by any enactment.

##### 3 Commencement.

##### 3. **Commencement.**

**3.—**(1) This Act comes into operation on such day or days as the Minister may, by order, appoint.

(2) Different days may be appointed under this section for different purposes or different provisions of this Act and for the repeal or revocation of different enactments by *section 73* and *Schedule 4*.

##### 4 Establishment day.

##### 4. **Establishment day.**

**4.—**The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

##### 5 Expenses.

**5.—**The expenses incurred by the Minister in administering this Act are, to such extent as may be sanctioned by the Minister for Finance, payable out of money provided by the Oireachtas.

##### 5A. **Expenses.**

**5.—**The expenses incurred by the Minister F7[or the Minister for Children, Equality, Disability, Integration and Youth] in administering this Act are, to such extent as may be sanctioned by the Minister for Finance, payable out of money provided by the Oireachtas.

F8[Expenses of the Executive.

**5A.—**The expenses incurred by the ExecutiveF9[before 1 January 2015]are, with the approval of the Minister, to such extent as may be sanctioned by the Minister for Finance, payable out of money provided by the Oireachtas.]

## PART 2 Establishment and Functions of the Health Service Executive

##### 6 Establishment of Executive.

##### 6. **Establishment of Executive.**

**6.—**(1) On the establishment day a body to be known as Feidhmeannacht na Seirbhíse Sláinte or in the English language as the Health Service Executive is, by this Act, established to perform the functions assigned to it by this Act.

@@ -118,7 +138,7 @@

(3) *Paragraph 1* of *Schedule 2* applies in relation to the seal of the Executive.

##### 7 Object and functions of Executive.

##### 7. **Object and functions of Executive.**

**7.—**(1) The object of the Executive is to use the resources available to it in the most beneficial, effective and efficient manner to improve, promote and protect the health and welfare of the public.

@@ -140,465 +160,859 @@

(ii) its employees and the employees of service providers,

F10[…]

(*c*) provide advice to the Minister in relation to its functions F11[as the Minister may request, and]

F12[(*d*) provide advice to the Minister for Children, Equality, Disability, Integration and Youth in relation to its specialist community-based disability services functions as that Minister may request.]

(5) In performing its functions, the Executive shall have regard to—

(*a*) services provided by voluntary and other bodies that are similar or ancillary to the services the Executive is authorised to provide,

(*b*) the need to co-operate with, and co-ordinate its activities with those of, other public authorities if the performance of their functions affects or could affect the health of the public,

F13[(*c*) the policies (whether set out in codes, guidelines or other documents, or any combination thereof) and objectives of the Government or any Minister of the Government to the extent that those policies and objectives may affect or relate to the functions of the Executive,]

(*d*) the resources, wherever originating, that are available to it for the purpose of performing its functions, F14[…]

(*e*) the need to secure the most beneficial, effective and efficient use of those resources F15[, and]

F16[(*f*) any standards set by the Health Information and Quality Authority, in so far as practicable and subject to the resources available to the Executive.]

(6) The Executive may undertake, commission or collaborate in research projects on issues relating to health and personal social services, but, in considering whether to do so, it shall have regard to any decision by another body or person within the State to undertake, commission or collaborate in such projects.

(7) The power given by *subsection (6)* includes the power to collaborate in research projects involving parties from outside the State.

(8) Subject to this or any other enactment, the Executive has all powers necessary or expedient for it to perform its functions.

##### 8. **Agreements between Executive and public authorities concerning performance of functions.**

**8.—**(1) If any function of a public authority should, in its opinion, be performed (whether generally or in a particular case) by the Executive and the Executive is able and willing to perform the function, the Executive and that authority may enter into an agreement for the Executive to perform the function on the authority's behalf.

(2) If an agreement is entered into for the Executive to perform a function of a public authority, the Executive may—

(*a*) perform the function on behalf of the public authority in accordance with the agreement, and

(*b*) do any act or thing relating to the performance of that function that the public authority would be authorised by law to do if it performed the function.

(3) If any function of the Executive should, in its opinion, be performed (whether generally or in a particular case) by a public authority and that authority is able and willing to perform the function, the authority and the Executive may enter into an agreement for the authority to perform the function on the Executive's behalf.

(4) If an agreement is entered into for a public authority to perform a function of the Executive, the public authority may—

(*a*) perform the function on the Executive's behalf in accordance with the agreement, and

(*b*) do any act or thing relating to the performance of that function that the Executive would be authorised by law to do if it performed the function.

(5) An agreement under this section may contain terms and conditions relating to—

(*a*) the extent to which and the period for which a party to the agreement is authorised to perform the function of the other party to the agreement,

(*b*) the making of payments or the transfer of financial responsibility, and

(*c*) such other matters as are considered necessary to give effect to the agreement.

(6) An agreement under this section may provide for charges payable by the party on whose behalf the function is to be performed to the other party to the agreement.

(7) The power of a local authority to enter into an agreement under this section is a reserved function of the local authority.

##### 9. **Informal arrangements between Executive and local authorities concerning performance of functions.**

**9.—**(1) If a local authority is of the opinion that it would be convenient if duties relating to its functions were carried out by an employee of the Executive, those duties may, without an agreement being entered into under *section 8*, be assigned by the Executive to any of its employees in the same way as duties relating to its functions.

(2) If the Executive is of the opinion that it would be convenient if duties relating to its functions were carried out by an employee of a local authority, those duties may, without an agreement being entered into under *section 8*, be assigned by the local authority to any of its employees in the same way as duties relating to the functions of the local authority.

(3) Duties assigned in accordance with this section may be carried out by the employees to whom they are so assigned.

##### 10. **Directions from Minister.**

**10.—**F17[(1) The Minister may issue general written directionsF18[to the Executive or the Board]—

(*a*) for any purpose relating to this Act or any other enactment,

(*b*) concerning any matter or thing referred to in this Act as specified or to be specified, or as determined or to be determined, by the Minister, or

(*c*) concerning the implementation of any policy or objective of the Minister or the Government which relates to a function of the Executive, where the Minister is of the opinionF18[that the Executive or the Board, as applicable, is not having sufficient regard to such policy or objective in the performance of the Executive’s functions].]

(2) In addition, the Minister may issue specific written directions to the Executive concerning the submission to the Minister, in such manner and within such period as the Minister may specify, of—

(*a*) reports on any matter relating to *Part 7* or relating in any other way to the performance of the Executive's functions, even though such reports are the subject of a direction under *F18[subsection (1)*,]

(*b*) any information or statistics relating to the performance of the Executive's F18[functions, or]

F19[(*c*) subject to*section 10AA(1)*and*(3)*, one or more than one health needs assessment (within the meaning of*section 10AA(8)*) to be implemented by the Executive in the service plan prepared in accordance with*section 31*.]

(3) *Subsections (1)* and *(2)* are not to be taken to limit a power to issue directions conferred on the Minister by any other provision of this Act.

(4) The Minister may, by written direction, amend or revoke any direction issued by the Minister under this Act.

(5) F20[The Executive or the Board, as applicable,] shall comply with a direction issued by the Minister under this Act.

(6) The Minister shall ensure that, within 21 days after issuing a direction under *subsection (1)* F20[or issuing a direction under*subsection (4)*amending or revoking a direction issued under*subsection (1)]*, a copy of the direction is laid before both Houses of the Oireachtas.

F21[(7)F20[The chairperson shall inform the Minister of the measures taken by the Executive or the Board, as applicable,]to comply with a direction issued under this section and such information shall be furnished to the Minister within such period as may be specified by the Minister.]

##### 10A. **F22[Setting of priorities by Minister.**

**10A.**— (1) Subject to*subsections (2)*to*(4)*, the Minister may specify—

(*a*) priorities to which the Executive shall have regard in preparing its service plan under*section 31*or amending its service plan under*section 32*, and

(*b*) performance targets for the Executive in respect of such priorities.

(2)F23[…]

(3) The Minister shall consult with the Executive before specifying priorities or performance targets under this section and, having so specified such priorities or targets, shall furnish details of these in writing to the Executive.

(4) Before specifying priorities or performance targets under this section the Minister shall have regard to—

(*a*) best practice as respects the service the subject of the priority or performance target,

(*b*) outcomes for patients and recipients of services likely to be affected by the priority or performance target which the Minister is considering specifying, and

(*c*) the effect that specifying the priority or performance target concerned would be likely to have on other services provided by or on behalf of the Executive.

(5) In this section ‘performance targets’ means, as respects priorities specified under*subsection (1)*, levels of performance by the Executive by which the effectiveness of the Executive in meeting such priorities can be measured by the Minister.]

##### 10AA. **F24[Health needs assessment**

**10AA.**(1) A direction under*section 10(2)(c)*F25[or*section 10C(2)(c)]*shall include specific requirements to be taken into consideration by the Executive when conducting a health needs assessment.

(2) Without prejudice to the generality of*subsection (1)*, the specific requirements referred to in that subsection may include the effects of such of the following matters on the accessibility and effectiveness of healthcare strategies implemented by the Executive as the MinisterF25[or the Minister for Children, Equality, Disability, Integration and Youth in so far as it relates to the performance of the Executive’s specialist community-based disability services functions]is satisfied are appropriate:

(*a*) changes to national or regional distribution of population;

(*b*) demographic profile of population;

(*c*) lifestyle factors affecting health;

(*d*) patterns of morbidity across population;

(*e*) patterns of mortality across population;

(*f*) social determinants of health status.

(3) (*a*) The Minister shall consult with the Minister for Public Expenditure and Reform before issuing a direction under*section 10(2)(c)*.

(*b*)*Paragraph (a)*shall not be construed to prevent the Minister from consulting with any other person (including the Executive or another Minister of the Government) before issuing a direction under*section 10(2)(c)*.

F26[(3A) (*a*) The Minister for Children, Equality, Disability, Integration and Youth shall consult with the Minister for Public Expenditure and Reform before issuing a direction under*section 10C(2)(c)*.

(*b*)*Paragraph (a)*shall not be construed to prevent the Minister for Children, Equality, Disability, Integration and Youth from consulting with any other person (including the Executive or another Minister of the Government) before issuing a direction under*section 10C(2)(c)*.]

(4) The Executive shall submit a report of the findings of any health needs assessment to the Minister within the period specified by the Minister in the direction concerned under*section 10(2)(c)*F26[or the Minister for Children, Equality, Disability, Integration and Youth in the direction concerned under*section 10C(2)(c)]*.

(5) (*a*) Within one month after receiving a report under*subsection (4)*, the Minister shall—

(i) approve the report, or

(ii) if the Minister is not satisfied with the report, issue a supplementary direction under*section 10(2)(c)*in relation to revisions to be made to the report which, when complied with by the Executive, should, in the opinion of the Minister, remedy the deficiencies in the report.

(*b*) Where*paragraph (a)(ii)*applies,*section 10(2)(c)*and the other provisions of this section (including*paragraph (a)*) shall be construed with all necessary modifications to take account of the supplementary direction concerned under*section 10(2)(c)*.

F26[(5A) (*a*) Within one month after receiving a report under*subsection (4)*, the Minister for Children, Equality, Disability, Integration and Youth shall—

(i) approve the report, or

(ii) if the Minister for Children, Equality, Disability, Integration and Youth is not satisfied with the report, issue a supplementary direction under*section 10C(2)(c)*in relation to revisions to be made to the report which, when complied with by the Executive, should, in the opinion of the Minister for Children, Equality, Disability, Integration and Youth, remedy the deficiencies in the report.

(*b*) Where*paragraph (a)(ii)*applies,*section 10C(2)(c)*and the other provisions of this section (including*paragraph (a)*) shall be construed with all necessary modifications to take account of the supplementary direction concerned under*section 10C(2)(c)*.]

(6) The Executive shall ensure that, as soon as practicable after the approval of a report in accordance with*subsection (5)(a)(i)*F27[or*subsection (5A)(a)(i)]*, the report is published on the Internet or in accordance with such other arrangements as the MinisterF27[or the Minister for Children, Equality, Disability, Integration and Youth, as the case may be,]may specify by notice in writing given to the Executive.

(7) The MinisterF27[or the Minister for Children, Equality, Disability, Integration and Youth in so far as it relates to the performance of the Executive’s specialist community-based disability services functions]may issue guidelines in relation to the conduct of a health needs assessment and, ifF28[either Minister]does so, the Executive shall comply with those guidelines.

(8) For the purposes of this section and*section 10*, "health needs assessment" means a scientific, statistical or other systematic analysis, the purpose of which is to gather and assess information with a view to bringing about change beneficial to the health of a specified part of, or all of, the population.]

##### 10B. **Limitation as to exercise of powers under sections 10 and 10A.**

**10B.—** The Minister shall not give a direction under *section 10*, or specify a priority or performance target under *section 10A*, as respects—

(*a*) any function of the Executive relating to the provision of treatment or a health or personal social service to any particular person,

(*b*) any function of the Executive relating to a decision concerning—

(i) whether or not a particular person is eligible for a particular health or personal social service (including the payment of a grant or allowance), or

(ii) the extent to which and the manner in which a person is eligible for any such service,

(*c*) any function of the Executive relating to a decision concerning the making or recovery of a charge for the provision of a health or personal social service by or on behalf of the Executive to a particular person or concerning the amount of such charge,

(*d*) any function of the Executive that has been specified in an enactment to be a function of the F30[chief executive officer] relating to functions referred to in *paragraphs (a)* to *(c)*.

##### 10C. **F31[Directions from Minister for Children, Equality, Disability, Integration and Youth**

**10C.—**(1) The Minister for Children, Equality, Disability, Integration and Youth may, in relation to the performance by the Executive of its specialist community-based disability services functions, issue general written directions to the Executive or the Board—

(*a*) for any purpose relating to this Act or any other enactment,

(*b*) concerning any matter or thing referred to in this Act as specified or to be specified, or as determined or to be determined, by the Minister for Children, Equality, Disability, Integration and Youth, or

(*c*) concerning the implementation of any policy or objective of the Minister for Children, Equality, Disability, Integration and Youth or the Government which relates to a specialist community-based disability service function of the Executive, where the Minister for Children, Equality, Disability, Integration and Youth is of the opinion that the Executive or the Board, as applicable, is not having sufficient regard to such policy or objective in the performance of its specialist community-based disability services functions.

(2) In addition, the Minister for Children, Equality, Disability, Integration and Youth may issue specific written directions to the Executive concerning the submission to him or her, in such manner and within such period as he or she may specify, of—

(*a*) reports on any matter relating to*Part 7*in so far as those reports relate to specialist community-based disability services or relating in any other way to the performance of the Executive’s specialist community-based disability services functions, even though such reports are the subject of a direction under*subsection (1)*,

(*b*) any information or statistics relating to the performance of the Executive’s specialist community-based disability services functions, or.

(*c*) subject to*section 10AA(1)*and*(3)*, one or more than one health needs assessment (within the meaning of*section 10AA(8)*), in so far as such an assessment relates to specialist community-based disability services, to be implemented by the Executive in the service plan prepared in accordance with*section 31*.

(3)*Subsections (1)*and*(2)*are not to be taken to limit a power to issue directions conferred on the Minister for Children, Equality, Disability, Integration and Youth by any other provision of this Act.

(4) The Minister for Children, Equality, Disability, Integration and Youth may, by written direction, amend or revoke any direction issued by him or her under this Act.

(5) The Executive or the Board, as applicable, shall comply with a direction issued by the Minister for Children, Equality, Disability, Integration and Youth under this Act.

(6) The Minister for Children, Equality, Disability, Integration and Youth shall ensure that, within 21 days after issuing a direction under*subsection (1)*or issuing a direction under*subsection (4)*amending or revoking a direction issued under*subsection (1)*, a copy of the direction is laid before both Houses of the Oireachtas.

(7) The chairperson shall inform the Minister for Children, Equality, Disability, Integration and Youth of the measures taken by the Executive or the Board, as applicable, to comply with a direction issued under this section and such information shall be furnished to the Minister for Children, Equality, Disability, Integration and Youth within such period as may be specified by him or her.]

**10D.—**(1) Subject to*subsections (2)*to*(4)*, the Minister for Children, Equality, Disability, Integration and Youth may, in relation to the performance by the Executive of its specialist community-based disability services functions, specify—

(*a*) priorities to which the Executive shall have regard in preparing its service plan under*section 31*or amending its service plan under*section 32*, and

(*b*) specialist community-based disability services performance targets for the Executive in respect of such priorities.

(2) The Minister for Children, Equality, Disability, Integration and Youth shall consult with the Executive before specifying priorities or performance targets under this section and, having so specified such priorities or targets, shall furnish details of these in writing to the Executive.

(3) Before specifying priorities or performance targets under this section, the Minister for Children, Equality, Disability, Integration and Youth shall have regard to—

(*a*) best practice as respects the service the subject of the priority or performance target,

(*b*) outcomes for patients and recipients of services likely to be affected by the priority or performance target that the Minister for Children, Equality, Disability, Integration and Youth is considering specifying, and

(*c*) the effect that specifying the priority or performance target concerned would be likely to have on other services provided by or on behalf of the Executive.

(4) In this section, "specialist community-based disability services performance targets" means, as respects priorities specified under*subsection (1)*, levels of performance by the Executive by which the effectiveness of the Executive in meeting such priorities can be measured by the Minister for Children, Equality, Disability, Integration and Youth.]

**10E.—**The Minister for Children, Equality, Disability, Integration and Youth shall not give a direction under*section 10C*, or specify a priority or performance target under*section 10D*, as respects—

(*a*) any function of the Executive relating to the provision of treatment or a specialist community-based disability service to any particular person,

(*b*) any function of the Executive relating to a decision concerning—

(i) whether or not a particular person is eligible for a particular specialist community-based disability service (including the payment of a grant or allowance), or

(ii) the extent to which and the manner in which a person is eligible for any such service,

(*c*) any function of the Executive relating to a decision concerning the making or recovery of a charge for the provision of a specialist community-based disability service by or on behalf of the Executive to a particular person or concerning the amount of such charge, or

(*d*) any function of the Executive that has been specified in an enactment to be a function of the chief executive officer relating to functions referred to in*paragraphs (a)*to*(c)*.]

## PART 3 The Board of the Health Service Executive

##### 11. **Membership of Board. Role of Board.**

**11.—**F34[…]

##### 12. **Role of Board.**

**12.—**F35[…]

##### 13. **Condition of office**

**13.—**F36[…]

##### 14. **Removal of members from office**

**14.—**F37[…]

##### 15. **Committees of Board**

**15.—**F38[…]

##### 16. **Remuneration and expenses of members of Board and committees.**

**16.—**F39[…]

## F40[PART 3A DIRECTORATE AND DIRECTOR GENERAL OF HEALTH SERVICE EXECUTIVE]

##### 16A. **F41[Directorate of Executive.**

**16A.—**F42[…]]

##### 16B. **F43[Term of office of appointed director.**

**16B.—**F44[…]]

##### 16C. **F45[Role of Directorate.**

**16C.—**F46[…]]

##### 16D. **F47[Appointed directors — eligibility for appointment and removal from office.**

**16D.—**F48[…]]

##### 16E. **F49[Appointment of Director General.**

**16E.—**F50[…]]

##### 16E. **F51[Eligibility for appointment as Director General.**

**16F.—**F52[…]]

##### 16G. **F53[General functions of Director General.**

**16G.—**F54[…]]

##### 16H. **F55[Delegation of functions by Director General.**

**16H.—**F56[…]]

##### 16I. **F57[Attendance by Director General before Oireachtas Committees.**

**16I.—**F58[…]]

##### 16J. **F59[Accountability of appointed directors to Director General for the performance of their functions as employees of Executive.**

**16J.—**F60[…]]

##### 16K. **F61[Meetings and procedure of Directorate.**

**16K.—**F62[…]]

##### 16L. **F63[Vacancies in membership of Directorate.**

**16L.—**F64[…]]

##### 16M. **F65[Committees of Directorate.**

**16M.—**F66[…]]

## F67[Part 3B Board of Executive]

##### 16N. **F68[Membership of Board**

**16N.—**(1) The Executive shall have a Board (in this Act referred to as the "Board") consisting of the following members:

(*a*) a chairperson;

(*b*) a deputy chairperson;

(*c*) 10 ordinary members.

(2) (*a*) Subject to*paragraphs (b)*,*(c)*and*(d)*, the chairperson, the deputy chairperson and the ordinary members of the BoardF69[shall be appointed by the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,]from among persons who, in the opinion of the Minister, have sufficient experience and expertise relating to matters connected with the functions of the Executive to enable them to make a substantial contribution to the effective and efficient performance of those functions.

F69[(*b*) At least 2 of the persons appointed under*paragraph (a)*shall be persons who, in the opinion of the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, have experience of, or expertise in, advocacy in relation to matters affecting patients or recipients of services from or on behalf of the Executive.]

(*c*) At least 2 of the persons appointed under*paragraph (a)*shall be persons who are practising, or have practised, as a member of a health profession, whether in or outside the State.

(*d*) At least one of the persons appointed under*paragraph (a)*shall be a person who,F69[in the opinion of the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,]has experience of, or expertise in, financial matters.

(3)F70[The Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, shall], in so far as practicable, endeavour to ensure that among the members of the Board there is an equitable balance between men and women.

(4) The chairperson shall hold office for such period, not exceeding 5 years from the date of appointment,F70[as the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, shall determine].

(5) The deputy chairperson shall hold office for such period, not exceeding 5 years from the date of appointment,F70[as the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, shall determine].

(6) Subject to*subsection (7)*, an ordinary member shall hold office for such period, not exceeding 5 years from the date of appointment,F71[as the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, shall determine].

(7) Of the ordinary members of the Board first constituted under this section—

(*a*) 5 members shall hold office for a period of 3 years from the date of appointment to the office, and

(*b*) 5 members shall hold office for a period of 5 years from the date of such appointment.

(8) Subject to*subsection (9)*, a member of the Board whose term of office expires by the efflux of time shall be eligible for reappointment to the Board.

(9) A person who is reappointed to the Board in accordance with*subsection (8)*shall not hold office for more than 2 consecutive terms and in any event may not serve for a period of more than 10 years.

(10) A member may resign from office by letterF71[sent to the Minister and notified to the Minister for Children, Equality, Disability, Integration and Youth]and the resignation shall take effect on the later of—

(*a*) the date specified in the letter, or

(*b*) the date of receipt of the letter by the Minister.

(11)F71[The Minister, after notifying the Minister for Children, Equality, Disability, Integration and Youth, shall], as soon as practicable after an appointment to the Board, publish in Iris Oifigiúil notice of the name of the person so appointed.

(12) For the purpose of this section, ‘health profession’ means any of the following professions:

(*a*) dentist;

(*b*) a designated profession within the meaning of section 3 of the Health and Social Care Professionals Act 2005;

(*c*) medical practitioner;

(*d*) midwife;

(*e*) nurse;

(*f*) pharmacist.]

##### 16O. **F72[Casual vacancies**

**16O.**(1) If a member resigns, dies, ceases to hold office (other than by effluxion of time), ceases to be qualified to hold office or is removed from office, the MinisterF73[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,]shall as soon as practicable appoint a person to fill the casual vacancy so arising.

(2) A person appointed under*subsection (1)*shall hold office for the unexpired period of his or her predecessor’s term of office or such other period as the MinisterF73[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,]may determine not exceeding 5 years including such unexpired period.

(3) A member appointed under*subsection (1)*is eligible for reappointment to the Board, on the expiry of the unexpired period or other period, as appropriate, referred to in*subsection (2)*, but may not serve for more than 2 further consecutive terms and in any event may not serve for a period of more than 10 years.]

##### 16P. **F74[Functions of Board**

**16P.—**(1) The Board is the governing body of the Executive with authority, in the name of the Executive, to perform the functions of the Executive.

(2) The Board shall—

(*a*) satisfy itself that appropriate systems, procedures and practices are in place—

(i) to achieve the Executive’s object,

(ii) for the internal performance management and accountability of the Executive in respect of the Executive’s—

(I) performance of its functions,

(II) achieving objectives in accordance with the corporate plan, and

(III) delivery of health and personal social services in accordance with this Act, and

(iii) in order to enable compliance with the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the Executive, and

(*b*) establish and implement arrangements for the management of the performance of the chief executive officer.

F75[(3) The Board is accountable—

(*a*) to the Minister for the performance of its functions under*subsections (1)*and*(2)*, other than in so far as those functions relate to specialist community-based disability services functions under those subsections, and

(*b*) to the Minister for Children, Equality, Disability, Integration and Youth for the performance of its functions under*subsections (1)*and*(2)*in so far as those functions relate to the performance by the Executive of its specialist community-based disability services functions under those subsections.]

(4) The Board may delegate in writing to the chief executive officer any of the Executive’s functions.

(5) If a function of the Executive is delegated to the chief executive officer under*subsection (4)*, the delegation remains in force until the Board revokes the delegation by notice in writing given to that officer.

F75[(6) (*a*) The Board shall notify the Minister in writing of any delegation made under*subsection (4)*and of any revocation of such delegation other than the extent to which any delegation relates to a specialist community-based disability services function of the Executive.

(*b*) The Board shall notify the Minister for Children, Equality, Disability, Integration and Youth of any delegation made under*subsection (4)*and of any revocation of such delegation to the extent to which the delegation relates to a specialist community‑based disability services function of the Executive.].

F75[(7) The Board shall inform the Minister or the Minister for Children, Equality, Disability, Integration and Youth in writing of any matter that it considers requires the attention of the Minister concerned.]]

##### 16Q. **F76[Membership of either House of Oireachtas or European Parliament**

**16Q.**—(1) A person is not eligible for appointment as a member of the Board or a committee of the Board if the person is—

(*a*) nominated as a member of Seanad Éireann,

(*b*) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

(*c*) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, or

(*d*) elected or co-opted as a member of a local authority.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament or a local authority shall, while he or she is so entitled or is such a member, be disqualified for membership of the Board or a committee of the Board.]

##### 16R. **F77[Removal of member of Board**

**16R.—**(1) The MinisterF78[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,]may at any time remove from office a member of the Board if, in the Minister’s opinion—

(*a*) the member has become incapable through ill-health of performing his or her functions,

(*b*) the member has committed stated misbehaviour,

(*c*) the member’s removal is necessary for the effective and efficient performance by the Board of its functions,

(*d*) the member has contravened*section 25(1)*or*26*or an applicable provision of the Ethics in Public Office Act 1995, or

(*e*) in performing functions under this Act, the member has not been guided by a code of conduct that has been drawn up under section 10(3) of the Standards in Public Office Act 2001 and that relates to the member.

(2) A member of the Board shall cease to be qualified for office and shall cease to hold office if he or she—

(*a*) is adjudicated bankrupt,

(*b*) makes a composition or arrangement with creditors,

(*c*) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(*d*) is convicted of any indictable offence,

(*e*) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,

(*f*) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, or

(*g*) is removed by a competent authority for any reason (other than failure to pay a fee) from any register established for the purpose of registering members of a profession in the State or another jurisdiction.

(3) A member who does not, for a consecutive period of 6 months, attend a meeting of the Board ceases at the end of that period to hold office unless the memberF78[demonstrates to the satisfaction of the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,]that the failure was due to ill-health.

(4) In this section, "applicable provision of the Ethics in Public Office Act 1995", in relation to a member, means a provision of that Act that, by virtue of a regulation under section 3 of that Act, applies to that member.]

##### 16S. **F79[Removal of all members of Board from office**

**16S.—**(1) The MinisterF80[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,]may remove all the members of the Board from office if—

(*a*) the Board fails to achieve a quorum for 3 consecutive meetings,

(*b*) the Board does not comply with a judgment, order or decree of any court,

(*c*) the Board does not comply with a direction of the MinisterF80[or the Minister for Children, Equality, Disability, Integration and Youth in so far as (in the case of that last‑mentioned Minister) such a direction relates to the performance by the Executive of its specialist community-based disability services functions]or any other requirement imposed on it by or under any enactment including this Act, or

(*d*) the MinisterF80[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,]is of the opinion that the Board’s functions (in particular, its functions under*section 16P*) are not being performed in an effective and efficient manner.

(2) The MinisterF81[, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,]may, if he or she is of the opinion that the Board’s functions are not being performed in an effective and efficient manner, appoint a person to—

(*a*) conduct an independent review of any matter giving rise to that opinion, and

(*b*) submit a report to the MinisterF81[and the Minister for Children, Equality, Disability, Integration and Youth]on the results of the review.

(3) The Board shall co-operate with a review under*subsection (2)*and give the person conducting it all reasonable assistance, including access to such premises, equipment and records as the person may require for the purposes of the review.

(4) The removal of the members of the Board from office does not revoke or otherwise affect any delegation of the Executive’s functions to the chief executive officer under*section 16P(4)*.]

##### 16T. **F82[Committees of Board**

**16T.—**(1) The Board may establish committees, consisting in whole or in part of persons who are members of the Board, to assist and advise it in relation to the performance of any of its functions.

(2) In appointing members of a committee the Board shall have regard to the knowledge and experience necessary for the proper and effective and efficient discharge of the functions of the committee.

(3) The Board may at any time remove a member of a committee for stated reasons.

(4) The acts of a committee shall be subject to confirmation by the Board, unless the Board otherwise determines.

(5) The Board may determine the terms of reference and the procedures of a committee.

(6) The Board may appoint a member of a committee to be the chairperson of a committee.

(7) A committee shall provide the Board with such information as the Board may from time to time require, in respect of the committee’s activities and operations, for the purposes of the performance by the Board of its functions.

(8) The Board may at any time dissolve a committee.

(9) In this section, ‘committee’ means a committee established under*subsection (1)*.]

##### 16U. **F83[Remuneration and expenses of members of Board and committees**

**16U.**—(1)F84[The Minister, may, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, and with the consent of the Minister for Public Expenditure and Reform], determine the remuneration and expenses payable under this section.

(2) The remuneration and allowances for expenses, if any, determined in accordance with*subsection (1)*are payable by the Executive out of funds at its disposal to—

(*a*) the members of the Board, and

(*b*) the members of a committee of the Board.

(3) The remuneration and allowances for expenses, if any, determined in accordance with*subsection (1)*are payable by the Minister out of money provided by the Oireachtas to a person appointed under*section 16S(2)*to conduct an independent review.]

## PART 4 Chief Executive Officer

##### 17. **Appointment of chief executive officer.**

**17.—**F85[…]

##### 18. **Functions of chief executive officer and their performance by deputy.**

**18.—**F86[…]

##### 19. **Delegation of functions.**

**19.—**F87[…]

##### 20. **Chief executive officer to be accounting officer.**

**20.—**F88[…]

##### 21. **Attendance of chief executive officer before Oireachtas Committees.**

**21.—**F89[…]

## F90[Part 4A Chief Executive Officer]

##### 21A. **F91[Appointment of chief executive officer**

**21A.—**(1) Subject to*subsection (2)*, the Board shall as soon as practicable after the commencement of section 10 of the Health Service Executive (Governance) Act 2019 and thereafter as required, appoint a person recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 to be the chief executive officer of the Executive (in this Act referred to as the "chief executive officer").

(2)*Subsection (1)*shall not apply to a person deemed under*subsection (6)*to be the first chief executive officer.

(3) The chief executive officer shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as may be determined by the BoardF92[with the approval of the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, given with the consent of the Minister for Public Expenditure and Reform].

(4) The remuneration and allowances determined under*subsection (3)*shall be paid out of funds at the disposal of the Executive.

(5) The chief executive officer shall not hold any other office or employment or carry on any business.

(6) Notwithstanding the repeal of*Part 3A*by section 3 (a) of the Health Service Executive (Governance) Act 2019, the person who was the Director General, immediately before the commencement of the said section 3 (a), shall be deemed to be the first chief executive officer—

(*a*) as if, on that commencement, the Board had appointed under*subsection (1)*the person to be the chief executive officer for the remaining period, if any, that was left to run for the person to hold the office of such Director General immediately before that commencement, and

(*b*) on the same terms and conditions (including terms and conditions relating to remuneration, allowances, superannuation and termination of appointment) as the person held office as such Director General immediately before that commencement, and the other provisions of this Act shall be construed accordingly.

(7) The chief executive officer shall not be a member of the Board or a committee, but he or she may, in accordance with procedures established by the Board or a committee, as the case may be, attend meetings of the Board or a committee and shall be entitled to speak at and advise such meetings.]

##### 21B. **F93[Resignation, removal or disqualification of chief executive officer**

**21B.—**(1) The chief executive officer may resign from office by giving notice in writing to the Board of his or her resignation.

(2) The Board may, at any time, remove the chief executive officer from office if, in its opinion—

(*a*) the chief executive officer has become incapable through ill-health of performing his or her functions,

(*b*) the chief executive officer has committed stated misbehaviour, or

(*c*) the removal of the chief executive officer is necessary for the effective and efficient performance by the Executive of its functions.

(3) If the chief executive officer is removed from office in accordance with*subsection (2)*, the Board shall provide the chief executive officer with a statement of reasons for the removal.

(4) The chief executive officer shall cease to be qualified for office and shall cease to hold office if he or she—

(*a*) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(*b*) is convicted of any indictable offence,

(*c*) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not, or

(*d*) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014.]

##### 21C. **F94[Functions of chief executive officer**

**21C.—**(1) The chief executive officer shall—

(*a*) carry on and manage, and control generally, the administration and business of the Executive and perform such other functions as are conferred on him or her by or under this Act or any other enactment,

(*b*) ensure that appropriate systems, procedures and practices are in place—

(i) to achieve the Executive’s object,

(ii) for the internal performance management and accountability of the Executive in respect of the Executive’s—

(I) performance of its functions,

(II) achieving objectives in accordance with the corporate plan, and

(III) delivery of health and personal social services in accordance with this Act, and

(*c*) provide the Board with such information (including financial information) relating to the performance of his or her functions and the implementation of the policies of the Executive as the Board may require, and

F95[(*d*) assist and provide the accounting officer of the Department of Health and, in respect of the specialist community-based disability services functions of the Executive, the accounting officer of the Department of Children, Equality, Disability, Integration and Youth (other than, in either case, for the purposes referred to in*section 40G*) with such information (including financial information and records) relating to the functions of the accounting officer concerned within such period as the accounting officer concerned may require.]

(2) The chief executive officer shall be accountable to the Board for the effective and efficient management of the Executive and for the due performance of his or her functions.]

##### 21D. **F96[Delegation and subdelegation of functions**

**21D.—**(1) (*a*) Subject to*paragraph (b)*, the chief executive officer may—

(i) delegate any of his or her functions under*section 21C*in writing to an employee of the Executive, which employee shall be specified by name, grade, position or otherwise, and

(ii) to the extent specified in a delegation made under this subsection, authorise the subdelegation of any or all of the functions delegated under*subparagraph (i)*to or by other employees of the Executive.

(*b*) The Board may issue directions in writing to the chief executive officer in respect of the exercise of his or her power under*paragraph (a)*and the chief executive officer shall comply with such directions.

(2) Any function delegated or subdelegated under this section to an employee of the Executive shall be performed by the employee under the general direction and control of the chief executive officer and in compliance with such directions, limitations and guidelines as may be specified by—

(*a*) in the case of a delegated function, the chief executive officer, or

(*b*) in the case of a subdelegated function, the employee who subdelegated the function.

(3) The delegation of a function does not preclude the chief executive officer from performing the function.

(4) The chief executive officer may—

(*a*) vary the delegation of a function under this section, including by modifying the geographical area to which the delegation relates,

(*b*) revoke the delegation, or

(*c*) without revoking the delegation, revoke any subdelegation of the function.

(5) On varying or revoking the delegation or subdelegation of a function, the chief executive officer shall, as soon as practicable, inform each employee to whom the function was delegated or subdelegated of its variation or revocation.

(6) An employee of the Executive who subdelegates a function delegated or subdelegated to the employee under this section—

(*a*) may—

(i) vary the subdelegation, including by modifying the geographical area to which it relates, or

(ii) may revoke the subdelegation, and

(*b*) is not precluded from performing the function.

(7) On varying or revoking the subdelegation of a function under*subsection (6)*, the employee who subdelegated the function shall, as soon as practicable, inform each employee to whom the function was subdelegated of its variation or revocation.]

##### 21E. **F97[Accountability of chief executive officer to committees of Houses of Oireachtas**

**21E.—**(1) Subject to*subsection (2)*, the chief executive officer shall, at the request in writing of a Committee, attend before it to give an account of the general administration of the Executive.

(2) The chief executive officer shall not be required to give an account before a Committee of any matter relating to the general administration of the Executive which is the subject of proceedings before a court or tribunal in the State.

(3) Where the chief executive officer is of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which*subsection (2)*applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the chief executive officer is before it, the information shall be so conveyed in writing.

(4) Where the chief executive officer has informed a Committee of his or her opinion in accordance with subsection (3) and the Committee does not withdraw the request referred to in*subsection (1)*in so far as it relates to a matter the subject of that opinion—

(*a*) the chief executive officer may, not later than 42 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which*subsection (2)*applies, or

(*b*) the Chairperson of the Committee may, on behalf of the Committee, make such an application,

and the High Court shall determine the matter.

(5) Pending the determination of an application under*subsection (4)*, the chief executive officer shall not attend before the Committee to give account for the matter the subject of the application.

(6) If the High Court determines that the matter concerned is one to which*subsection (2)*applies, the Committee shall withdraw the request referred to in*subsection (1)*, but if the High Court determines that*subsection (2)*does not apply, the chief executive officer shall attend before the Committee to give account for the matter.

(7) In the performance of his or her duties under this section, the chief executive officer shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

(8) With the permission of the Chairperson of a Committee making the request under*subsection (1)*, either—

(*a*) the chairperson of the Board, or

(*b*) an employee of the Executive nominated by the chief executive officer, may attend before the Committee in place of the chief executive officer to give an account of the general administration of the Executive, and in that case a reference in*subsections (2)*to*(7)*to the chief executive officer shall be read as including a reference to the person attending in his or her place.

(9) In this section, "Committee" means a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas, other than—

(*a*) the Committee of Public Accounts, the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann, or

(*b*) a subcommittee of a committee referred to in*paragraph (a)*.]

##### 21F. **F98[Membership of either House of Oireachtas or European Parliament**

**21F.—**(1) A person is not eligible for appointment as the chief executive officer if the person is—

(*a*) nominated as a member of Seanad Éireann,

(*b*) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

(*c*) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, or

(*d*) elected or co-opted as a member of a local authority.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament or of a local authority shall, while he or she is so entitled or is such a member, be disqualified for being the chief executive officer.]

##### 21G. **F99[Acting chief executive officer**

**21G.—**(1) Subject to*subsection (2)*, the Board may appoint such other employee of the Executive to perform the functions of the chief executive officer during—

(*a*) any period or periods when the chief executive officer is absent from duty or from the State or is, for any other reason, unable to perform the functions of chief executive officer,

(*b*) any suspension from office of the chief executive officer, or

(*c*) any vacancy in the office of chief executive officer.

(2) The Board may at any time terminate an appointment under this section.]

## PART 5 Employees and Advisers

##### 22. **Employees of Executive.**

**22.—**(1) The Executive may, subject to *subsections (2)* to *(5),* appoint persons to be its employees and may determine their duties.

(2) Employees appointed under this section shall be recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004.

(3) *Subsection (2)* does not apply to employees appointed under this section during the period of 3 months beginning with the establishment day or during such shorter period as the Minister may specify.

(4) The Executive shall, F100[with the approval of the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, given with the consent of] the Minister for Finance, determine—

(*a*) the terms and conditions of employment (including terms and conditions relating to remuneration and allowances) of employees appointed under this section, and

(*b*) the grades of the employees of the Executive and the numbers of employees in each grade.

(5) A person is not eligible for appointment as an employee of the Executive if the person is—

(*a*) a member of either House of the Oireachtas or of the European Parliament, or

(*b*) regarded pursuant to section 19 of the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy.

(6) The remuneration and allowances of the Executive's employees are payable by the Executive to them out of funds at its disposal.

F101[(7) This section shall not apply to the appointment of the chief executive officer under*section 21A*.]

##### 23. **Superannuation.**

**23.—**(1) The Executive shall prepare and submit to the Minister one or more than one scheme for granting superannuation benefits to or in respect of such employees (including the F102[chief executive officer]) of the Executive as it may think fit.

(2) Each superannuation scheme must fix the terms of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different terms may be fixed in respect of different classes of persons.

(3) A superannuation scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.

(4) A superannuation scheme submitted by the Executive under this section shall, if approved by F103[the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, with the consent of] the Minister for Finance, be carried out by the Executive in accordance with its terms.

(5) The Executive may not grant, or enter into any arrangement for the provision of, any superannuation benefit to or in respect of an employee (including the F102[chief executive officer]) except in accordance with a scheme approved under this section or except as approved by F103[the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, with the consent of] the Minister for Finance.

(6) Each scheme must include provision for appeals from a decision relating to a superannuation benefit under the scheme.

(7) The Minister shall ensure that a superannuation scheme approved under this section is laid before each House of the Oireachtas as soon as practicable after the scheme is approved.

(8) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which the scheme is laid before it, annul the scheme.

(9) The annulment of a superannuation scheme under *subsection (8)* takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the scheme before the passing of the resolution.

##### 24. **Advisers.**

**24.—**(1) The Executive may engage such advisers as it considers necessary for the performance of its functions.

(2) Any fees due to an adviser engaged under this section are payable by the Executive out of funds at its disposal.

## PART 6 Standards and Disqualifications

##### 25. **Standards of integrity.**

**25.—**F104[(1) A person shall maintain proper standards of integrity, conduct and concern for the public interest while performing functions under this Act or any other enactment as—

(*a*) a member of the Board or a committee of the Board (including the audit committee established under*section 40H*),

(*b*) the chief executive officer,

(*c*) an employee of the Executive,

(*d*) a person engaged by the Executive as an adviser under*section 24*, or

(*e*) an employee of a person referred to in*paragraph (d)*.]

(2) *Subsection (1)* applies to an employee of a person referred to in *F105[paragraph (d)]* of that subsection in respect only of duties of employment relating to the purposes for which the Executive has engaged that person.

F105[(3) For the purposes of*subsection (1)*,F104[the Board shall]issue codes of conduct for the guidance of persons referred to in that subsection and may issue different codes in respect of different classes of such persons.]

(4) A code of conduct issued under this section for the guidance of persons referred to in *subsection (3)* must indicate the standards of integrity and conduct to be maintained by them in performing their functions under this or any other enactment.

(5) A person to whom such a code of conduct relates is required to have regard to and be guided by the code in performing the person's functions under this or any other enactment.

(6) The terms and conditions on which a person is employed by the Executive or by a person referred to in *F105[subsection (1)(d)]* or on which a person is engaged by the Executive as an adviser, as the case may be, are deemed to include any requirements that apply to that person under *subsection (5).*

(7) Subject to *subsection (8),* the Executive shall as soon as practicable after issuing a code of conduct make the code available to the persons for whose guidance it was issued.

(8) A code of conduct for the guidance of employees of a person engaged by the Executive as an adviser shall be issued by the Executive to the employer and be made available by the employer to those employees.

(9) A document purporting to be a code of conduct issued under this section is, in the absence of evidence to the contrary, to be taken to be such code and is admissible in any proceedings before a court or other tribunal.

(10) Any provision of such code that appears to the court or other tribunal to be relevant to a question in the proceedings may be taken into account by it in determining the question.

##### 26. **Unauthorised disclosure of confidential information.**

**F106[26.—**(1) Subject to*subsection (2)*, a person shall not disclose confidential information obtained by him or her while performing functions as—

(*a*) a member of the Board or a committee of the Board (including the audit committee established under*section 40H*),

(*b*) the chief executive officer or any other employee of the Executive,

(*c*) a person engaged by the Executive as an adviser under*section 24*,

(*d*) an employee of a person referred to in*paragraph (c)*, or

(*e*) a person appointed under s*ection 16S(2)*to conduct an independent review,

unless he or she is required by law, or duly authorised by the Executive or, in the case of a person referred to in*paragraph (e)*, the Minister, to do so.

(2) A person does not contravene*subsection (1)*by disclosing confidential information if—

(*a*) the disclosure is made to the Board,

(*b*) the disclosure is made to the Minister by or on behalf of the Executive, or by or on behalf of a person referred to in*paragraph (e)*of*subsection (1)*, or in compliance with a requirement of this Act, or

(*c*) the disclosure is a protected disclosure under*Part 9A*or the Protected Disclosures Act 2014.

(3) A person who contravenes*subsection (1)*is guilty of an offence.

(4) In this section, "confidential information" means—

(*a*) in the case of persons referred to in*paragraphs (a)*to*(d)*of*subsection (1)*—

(i) information that is expressed by the Executive to be confidential either as regards particular information or as regards information of a particular class or description, and

(ii) information relating to proposals of a commercial nature or tenders submitted to the Executive by contractors, consultants or any other person,

and

(*c*) provide advice to the Minister in relation to its functions as the Minister may request.

(5) In performing its functions, the Executive shall have regard to—

(*a*) services provided by voluntary and other bodies that are similar or ancillary to the services the Executive is authorised to provide,

(*b*) the need to co-operate with, and co-ordinate its activities with those of, other public authorities if the performance of their functions affects or could affect the health of the public,

(*c*) the policies and objectives of the Government or any Minister of the Government to the extent that those policies and objectives may affect or relate to the functions of the Executive,

(*d*) the resources, wherever originating, that are available to it for the purpose of performing its functions, and

(*e*) the need to secure the most beneficial, effective and efficient use of those resources.

(7) The power given by *subsection (6)* includes the power to collaborate in research projects involving parties from outside the State.

(8) Subject to this or any other enactment, the Executive has all powers necessary or expedient for it to perform its functions.

##### 8 Agreements between Executive and public authorities concerning performance of functions.