Health Act 2007

PART 1 Preliminary Matters

1. Short title, collective citation and construction.

1.— (1) This Act may be cited as the Health Act 2007.

(2) The Health Acts 1947 to 2006, this Act and the Health (Nursing Homes) (Amendment) Act 2007 may be cited together as the Health Acts 1947 to 2007 and shall be construed together as one.

2. Interpretation.

2.— (1) In this Act:

F1["Act of 2004" means the Health Act 2004;]

F2["Agency" means the Child and Family Agency established under the Child and Family Agency Act 2013;]

“Authority” means the Health Information and Quality Authority established under section 6;

“Board” means the Board, referred to in section 13, of the Authority;

F1["cancer screening service" has the same meaning as it has in section 2 of the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023;]

F1["complainant" shall be construed in accordance withsection 41A(5);]

“dependent person” means dependent person as defined in section 1(1) of the Health (Nursing Homes) Act 1990;

F3["designated centre" means an institution—

(a) at which residential services are provided by the Executive, the Agency, a service provider under this Act or a person that is not a service provider but who receives assistance undersection 39of theHealth Act 2004—

(i) in accordance with theChild Care Act 1991,

(ii) to persons with disabilities, in relation to their disabilities, or

(iii) to other dependent persons, in relation to their dependencies,

or

(b) that is a special care unit,

(c) that is a nursing home as defined insection 2of theHealth (Nursing Homes) Act 1990, but does not include any of the following:

(i) a centre registered by the Mental Health Commission;

(ii) an institution managed by or on behalf of a Minister of the Government;

(iii) that part of an institution in which the majority of persons being cared for and maintained are being treated for acute illness or provided with palliative care;

(iv) an institution primarily used for the provision of educational, cultural, recreational, leisure, social or physical activities;

(v) a children detention school as defined insection 3of theChildren Act 2001;]

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

“Executive” means the Health Service Executive established under the Health Act 2004;

“financial year” means a period of 12 months ending on 31 December in any year;

F1["health service" means the provision of clinical care or any ancillary service to a person for—

(a) the screening (other than screening carried out by a cancer screening service), preservation or improvement of the health of the person,

(b) the prevention, diagnosis, treatment or care of an illness, injury or health condition of the person,

(c) the performance or surgery, or a surgical intervention, in respect of aesthetic purposes, or other non-medical purposes, that involves instruments or equipment being inserted into the body of the person, or

(d) without prejudice toparagraph (a), a cancer screening service;]

“Interim Health Information and Quality Authority” means the body established by the Interim Health Information and Quality Authority (Establishment) Order, 2005 (S.I. No. 132 of 2005);

“Irish Health Services Accreditation Board” means the body established by the Irish Health Services Accreditation Board (Establishment) Order, 2002 (S.I. No. 160 of 2002);

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

F1["medical speciality" means a medical speciality recognised by the Medical Council under section 89 of the Medical Practitioners Act 2007;]

“Mental Health Commission” means the body established by section 32 of the Mental Health Act 2001;

“member” in relation to the Board includes the chairperson;

“Minister” means the Minister for Health and Children;

“ordinary member” means a member of the Board other than the chairperson;

F1["patient" has the meaning assigned to it bysection 41A(10);]

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

F1["prescribed private health service" means a health service that is prescribed undersection 101A;]

F1["private hospital" means a hospital under the management or control of a person (other than the Executive)—

(a) at which—

(i) medical or surgical treatment for illness, injury, disability, palliative, obstetric or gynaecological care, or

(ii) a health service,

is provided to a person which provision of treatment is under the direction of registered medical practitioners from at least 3 different medical specialities who are registered in the Specialist Division of the register of medical practitioners, and

(b) which is capable of accommodating one or more persons in that hospital when providing the treatment underparagraph (a), for a minimum period of 24 hours, but does not include—

(i) a designated centre,

(ii) a centre registered by the Mental Health Commission,

(iii) a service provider to whichparagraph (a)of the definition of service provider applies, or

(iv) a hospital which is in receipt of assistance under section 39 of the Act of 2004;]

“public authority” means any of the following:

(a) a Minister of the Government;

(b) the Commissioners of Public Works in Ireland;

(c) a local authority;

(d) a harbour authority within the meaning of the Harbours Act 1946;

(e) a board or other body (but not a company) established by or under statute;

(f) a company in which all the shares are held by or on behalf of, or by directors appointed by, a Minister of the Government;

(g) a company in which all the shares are held by a board, company or other body referred to in paragraph (e) or (f);

(h) any other body prescribed for the purpose of any provision of this Act;

“register” means a register of designated centres established under F4[section 41(1)(b)];

F1["register of medical practitioners" has the same meaning as it has in the Medical Practitioners Act 2007;]

F1["registered medical practitioner" has the same meaning as it has in the Medical Practitioners Act 2007;]

“registered provider” in relation to a designated centre means the person whose name is entered in a register as the person carrying on the business of the designated centre;

F5["service provider" means—

(a) a person who enters into an arrangement under section 38 of the Act of 2004 to provide a health or personal social service on behalf of the Executive,

(b) a person who is in receipt of assistance under section 39 of the Act of 2004 in an amount that exceeds an amount prescribed for the purpose of this subparagraph,

(c) a service provider under theChild and Family Agency Act 2013, or

(d) a private hospital;]

F6["special care unit" has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011) of theChild Care Act 1991;]

F7["specialist community-based disability services functions" has the same meaning as it has in the Health Act 2004;]

F1["Specialist Division" has the same meaning as it has in the Medical Practitioners Act 2007.]

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

(2) For the purposes of the definition of designated centre in subsection (1), “institution” means a home, F8[unit,] centre or institution or part of a home, F8[unit,] centre or institution.

F9[(2A) For the purposes of the definition of designated centre (as amended by the Child Care (Amendment) Act 2011) insubsection (1)and construing references to persons resident in, residents of, and persons who can be accommodated in, a designated centre, such references shall be construed as including children detained in a special care unit in accordance with theChild Care Act 1991(as amended by the Child Care (Amendment) Act 2011).]

3. Commencement.

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

(2) Different days may be appointed under this section for different purposes or different provisions of this Act.

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 the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of money provided by the Oireachtas.

PART 2 Health Information and Quality Authority

6. Establishment of Health Information and Quality Authority.

6.— (1) There is hereby established a body, to be known as An tÚdarás um Fhaisnéis agus Cáilíocht Sláinte or in the English language as the Health Information and Quality Authority to perform the functions assigned to it by this Act.

(2) The Authority is a body corporate with perpetual succession.

(3) The Authority may sue and be sued in its corporate name and, with the consent of the Minister and the Minister for Finance, may acquire, hold and dispose of land or an interest in land and any other property.

(4) The Authority shall provide itself with a seal as soon as may be after the Authority’s establishment.

(5) The seal of the Authority shall be authenticated by the signature of—

(a) the chairperson of the Authority or of another member of the Board of the Authority authorised by it to act in that behalf, and

(b) by the signature of the chief executive officer or of another member of staff of the Authority as may be designated by the chief executive officer.

(6) Judicial notice shall be taken of the seal of the Authority, and any document purporting to be an instrument made by the Authority and to be sealed with the seal of the Authority shall, unless the contrary is shown, be received in evidence and be deemed to be that instrument without further proof.

7. Object of the Authority.

7.— The object of the Authority is to promote safety and quality in the provision of health and personal social services for the benefit of the health and welfare of the public.

8. Functions of Authority.

8.— (1) The functions of the Authority are as follows:

F11[(a) subject to this Act and to the extent practicable, to further the Authority’s object;

(b) to set standards on safety and quality in relation to—

(i) services provided by the Executive, the Agency orF12[a service provider to whichparagraph (a),(b)or(c)of the definition of service provider applies]in accordance with—...

(I) the Health Acts 1947 to 2011, except for services under the Mental Health Acts 1945 to 2009 that, under theHealth Act 2004, are provided by the Executive,

(II) the Child Care Acts 1991 to 2013,

(III) theChildren Act 2001,

and

(ii) services provided by a nursing home as defined insection 2of theHealth (Nursing Homes) Act 1990,

F12[and advise the Minister, the Minister for Children and Youth Affairs], the Agency and the Executive as may be appropriate in relation to the particular service in respect of which the standards are set.]

F12[(ba) to set standards on safety and quality in relation to services provided by a service provider to whichparagraph (d)of the definition of service provider applies or a person carrying on the business of providing prescribed private health services;]

(c) to monitor compliance with the standards referred to in F12[paragraphs (b)and(ba)], except any standards in relation to designated centres F13[…] and the performance of the Executive’s F14[and the Agency’s] functions referred to in F15[section 41(1)(a)] and to advise F16[the Minister, the Minister for Children and Youth Affairs, the Executive and the Agency accordingly];

(d) to undertake investigations in accordance with section 9;

(e) at the request or with the approval of the Minister F17[or the Minister for Children and Youth Affairs] to review and make recommendations as the Authority thinks fit in respect of the F12[services referred to inparagraph (b)], to ensure the best outcomes for the resources available to F18[the Executive and the Agency;]

(f) to operate accreditation programmes in respect of the F19[services referred to inparagraph (b)or(ba)] and to grant accreditation to any of them meeting standards set or recognised by the Authority;

(g) to operate such other schemes aimed at ensuring safety and quality in the provision of the F19[services referred to inparagraph (b)or(ba)] as the Authority considers appropriate;

(h) to evaluate the clinical and cost effectiveness of health technologies including drugs and provide advice arising out of the evaluation to the Minister and the Executive;

(i) to evaluate available information respecting the F19[services referred to inparagraph (b)or(ba)] and the health and welfare of the population;

(j) to provide advice and make recommendations to F20[the Minister, the Minister for Children and Youth Affairs, the Executive and the Agency] about deficiencies identified by the Authority in respect of the information referred to in paragraph (i);

F19[(k) to set standards as the Authority considers appropriate for the Executive, the Agency, service providers or a person carrying on the business of providing prescribed private health services respecting data and information in their possession in relation to services and the health and welfare of the population;]

(l) to advise F21[the Minister, the Minister for Children and Youth Affairs, the Executive and the Agency] as to the level of compliance by F19[the Executive, the Agency, service providers and persons carrying on the business of providing prescribed private health services] with the standards referred to in paragraph (k);

(m) to act as a body standing prescribed by regulations made by the Minister for Health and Children—

(i) as set out in section 5(5) of the Education for Persons with Special Educational Needs Act 2004, and

(ii) as set out in section 10 of the F22[Disability Act 2005;]

F23[(n) to exercise such powers and perform such functions of the State and the competent authority under Council Directive 2013/59/Euratom of 5 December 2013 as are conferred on the Authority by the European Union (Basic Safety Standards for Protection Against Dangers Arising from Medical Exposure to Ionising Radiation) Regulations 2018 (S.I. No. 256 of 2018).]

F24[(1A) The Authority may, in setting standards referred to insubsections (1)(b),(1)(ba)or(1)(k), set different standards for different categories of services referred to in those subsections.]

(2) In carrying out its functions the Authority shall have regard to—

(a) the policies and objectives of the Government or any Minister of the Government in so far as they may affect or relate to the functions of the Authority,

(b) the need to co-operate with and co-ordinate its activities with public authorities, the performance of whose functions may affect or relate to the functions of the Authority other than the functions described in subsection (1)(c), (d) and (l),

(c) the resources available to F25[the Executive and the Agency,] and

(d) in so far as is reasonably practicable, research, statistics and other information in relation to the health and personal social services that are provided in other jurisdictions.

(3) The Authority has all the powers as are necessary or expedient for the performance by it of its functions.

(4) Subject to any directions given by the Minister under section 29, or to any charges determined under section 39, the Authority, in relation to health or personal social services, may—

(a) provide advice on safety, quality and standards, and

(b) operate accreditation programmes for and at the request of health providers other than service providers F26[as defined in section 2(1), the Executive or the Agency.]

9. Investigations by Authority.

9.— (1) F29[Subject tosubsection (1A), the Authority may undertake an investigation as to the safety, quality and standards of any of the services described insection 8(1)(b)or(1)(ba)] if the Authority believes on reasonable grounds that—

F29[(a) there may be a serious risk—

(i) to the health or welfare of a person receiving those services, or

(ii) of a failure to comply with the provisions of the Act of 2013,

notwithstanding that such a risk may also exist elsewhere in those services,]

F29[(b) the risk may be the result of any act, failure to act or negligence on the part of—

(i) the Executive,

(ii) the Agency,

(iii) a service provider to whichparagraph (a)or(b)of the definition of service provider applies,

(iv) a service provider to whichparagraph (c)of the definition of service provider applies,

(iva) a service provider to whichparagraph (d)of the definition of service provider applies,

(v) the registered provider of a designated centre to whichparagraph (a)(ii),(iii)or(c)of the definition of designated centre applies,

(vi) the registered provider of a designated centre to whichparagraph (a)(i)or(b)of the definition of designated centre applies,

(vii) the person in charge of a designated centre referred to insubparagraph (v), if other than its registered provider,

(viii) the person in charge of a designated centre referred to insubparagraph (vi), if other than its registered provider, or

(ix) a person carrying on the business of providing a prescribed private health service, and]

F30[(c) an investigation may be in the interests of—

(i) improving the safety, quality and standards of the services described insection 8(1)(b)or(1)(ba)which are the subject of the investigation, or

(ii) the provision of health and personal social services for the benefit of the health and welfare of the public.]

F30[(1A) The Authority shall notify the Minister in writing before undertaking an investigation undersubsection (1).]

F31[(2) The Minister may, if he or she believes on reasonable grounds that—

(a) there may be a serious risk of the kind mentioned inparagraph (a)ofsubsection (1), notwithstanding that such a risk may also exist elsewhere in those services,

(b) the risk may be the result of any act, failure to act or negligence of the kind mentioned inparagraph (b)(i),(iii),(iva),(v),(vii)or(ix)ofsubsection (1), and

(c) an investigation may be in the interests of—

(i) improving the safety, quality and standards of the services described insection 8(1)(b)or(1)(ba)which are the subject of the investigation, or

(ii) the provision of health and personal social services for the benefit of the health and welfare of the public,

require the Authority to undertake an investigation in accordance with this section.]

F31[(2A) The Minister for Children and Youth Affairs may, if he or she believes on reasonable grounds that—

(a) there may be a serious risk of the kind mentioned inparagraph (a)(i)ofsubsection (1), notwithstanding that such a risk may also exist elsewhere in those services,

(b) the risk may be the result of any act, failure to act or negligence mentioned inparagraph (b)(ii),(iv),(vi)or(viii)ofsubsection (1), and

(c) an investigation may be in the interests of—

(i) improving the safety, quality and standards of the services described insection 8(1)(b)or(1)(ba)which are the subject of the investigation, or

(ii) the provision of health and personal social services for the benefit of the health and welfare of the public,

require the Authority to undertake an investigation in accordance with this section.]

(3) The Authority must ensure that an investigation under this section does not interfere, or conflict, with the functions of other statutory bodies.

F32[(3A) Where an investigation under this section is being undertaken in respect of the services specified insection 8(1)(b)or(1)(ba), the Authority shall—

(a) give notice in writing to the relevant person of the matters to which the investigation relates, and

(b) give the relevant person a copy of any document which in the reasonable opinion of the Authority is relevant to the investigation.]

F33[(4) Where an investigation under this section is being undertaken in respect of a serious risk referred to in subsection (1)(a)(ii) and such risk relates to an appropriate institution, the Minister may, by notice in writing served on the person in charge of the appropriate institution, direct that person to ensure that, from the date, or the event, specified in the notice for the purpose—

(a) a medical procedure referred to insection 7(1) of the Act of 2013 is not carried out at the institution, or

(b) a medical procedure referred to insection 9(1) of that Act is not carried out at the institution,

or both.

(5) Where—

(a) the Minister has served a notice undersubsection (4)on the person in charge of an appropriate institution, and

(b) subsequent to the service of the notice referred to in paragraph (a), the Minister believes that the serious risk concerned referred to insubsection (1)(a)(ii)that caused him or her to serve such notice is not, or is no longer, such serious risk (regardless of whether he or she comes to that belief during the course of, or after the conclusion of, the investigation concerned under this section),

the Minister shall, as soon as practicable after coming to the belief referred to inparagraph (b), by notice in writing served on the person in charge of that appropriate institution, revoke the notice referred to inparagraph (a)on the date, or the event, specified in the notice so served on that person.

(6) In this section—

"Act of 2013" means the Protection of Life During Pregnancy Act 2013;

"appropriate institution" has the meaning it has in the Act of 2013;]

F32["relevant person" means a person or body referred to insubparagraphs (i)to(ix)ofsubsection (1)(b).]

10. Standards set by Authority.

F34[10.—(1) The Authority shall, prior to submitting a draft standard to the Minister for approval, publish a notice on the website of the Authority stating that—

(a) it proposes to set a standard,

(b) a draft of the proposed standard is available on that website for the period specified in the notice, and

(c) submissions in relation to the draft standard may be made in writing to the Authority on or before that date.

(2) Subject tosubsection (3), the Authority may consult with such other persons on the draft standard referred to insubsection (1), as the Authority thinks fit.

(3) The Authority shall notify the Minister and the Minister for Children and Youth Affairs, where appropriate, before undertaking a consultation undersubsection (2).

(4) After considering any representations made to it undersubsection (1)or(2)on the draft standard and making any changes to the draft standard that the Authority thinks fit in view of those representations or otherwise, the Authority shall submit the draft standard to the Minister for approval and, where the standard relates to services provided under the Child and Family Agency Act 2013 , the Minister shall not approve the draft standard without the prior consent of the Minister for Children and Youth Affairs.

(5) Where the Minister approves a standard under this section, he or she shall cause a notice of the approval to be published in Iris Oifigiúil and the notice shall specify the date from which the standard shall come into operation.

(6) Subject tosubsection (7), the Authority may revoke or amend a standard approved undersubsection (5).

(7)Subsections (1)to(5)shall, with all necessary modifications, apply to a standard that the Authority proposes to amend or revoke undersubsection (6)as those subsections apply to a standard that the Minister approved undersubsection (5).

(8) In this section, "standard" means the standards set by the Authority undersection 8(1).]

11. Admissibility of standards in court proceedings.

11.— (1) In proceedings for an offence under this Act relating to an alleged contravention of any provision of this Act or of the regulations in respect of which standards have been set by the Authority under section 8(1)(b), subsection (2) of this section has effect in relation to those standards and those proceedings.

(2) Where the standards referred to in subsection (1) appear to the Court to give guidance as to the observance of the provision of the Act or of the regulations that is alleged to have been contravened, the standards are admissible in evidence.

(3) If it is proved that any act or omission of the defendant, alleged to constitute a contravention of a provision referred to in subsection (1), is—

(a) in compliance with the standards referred to in subsection (1), or

(b) not in compliance with those standards,

the fact of that compliance or non-compliance is admissible in evidence.

(4) A document bearing the seal of the Authority and purporting to be a standard or part of a standard set by the Authority under section 8(1)(b) is admissible as evidence in any proceedings under this Act.

12. Provision of information to Authority.

F35[12.—The Authority may require—

(a) the Executive,

(b) the Agency,

(c) a service provider, or

(d) a person carrying on the business of providing a prescribed private health service,

to provide it with any information or statistics that the Authority needs in order to determine the level of compliance by the Executive, Agency, service provider or the person carrying on the business of providing a prescribed private health service, as the case may be, with the standards set by the Authority in accordance withsection 8(1).]

12A.—...]

PART 3 Board of the Authority

13. Membership of Board.

13.— (1) The Authority shall have a Board consisting of 12 members (including the chairperson and 11 ordinary members) appointed by the Minister in accordance with this section.

(2) The members of the Board shall be appointed by the Minister from among persons, who in the opinion of the Minister, have experience and expertise in relation to matters connected with the functions of the Authority which would enable such a person to make a substantial contribution to the performance by the Authority of its functions.

(3) A person is not eligible for appointment as a member of the Board or a committee of the Board, if the person is—

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

(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, or

(c) a member of a local authority.

(4) The chairperson of the Board holds office for a period not exceeding 5 years from the date of his or her appointment, as the Minister shall determine.

(5) Subject to subsection (6), an ordinary member of the Board shall hold office for a period not exceeding 5 years from the date of his or her appointment, as the Minister shall determine.

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

(a) 6 members of the Board as shall at a meeting held for the purposes of this subsection be selected—

(i) by unanimous agreement of the members of the Board attending the meeting, or

(ii) where no such agreement can for whatever reason be reached, by the drawing of lots by the members of the Board so attending,

shall hold office for a period of 3 years, and

(b) the remaining 5 members shall hold office for a period of 5 years.

(7) Subject to subsection (8), a member of the Board whose term of office expires by the passage of time is eligible for reappointment to the Board.

(8) A member of the Board who has served 2 terms of office is not eligible for reappointment to the Board, and any period during which a person serves as a member of the Board pursuant to an appointment under section 16 shall be deemed for the purposes of this subsection to be a term of office.

(9) The Minister shall endeavour to ensure that among the members of the Board there is an equitable balance between men and women.

14. Role of Board.

14.— (1) The Board is the governing body of the Authority with authority, in the name of the Authority, to perform the functions of the Authority.

(2) The Board may delegate any of its functions to the chief executive officer.

(3) If a function of the Authority is delegated to the chief executive officer under subsection (2), the delegation remains in force until the Board revokes the delegation.

15. Conditions of office.

15.— (1) The Minister at any time may remove a member of the Board from office if, in the Minister’s opinion—

(a) the member has become incapable through ill-health of performing the functions of the office,

(b) the member has committed stated misbehaviour,

(c) the member’s removal from office appears to be necessary for the Board to perform its functions in an effective manner,

(d) the member has contravened section 81(1) or 84(2) of this Act or a provision of the Ethics in Public Office Act 1995 that by a regulation made under section 3 of that Act applies to that member, or

(e) in performing functions under this Act, the member has not complied with—

(i) a code of conduct, under section 10(3) of the Standards in Public Office Act 2001, or

(ii) the code of governance under section 34 that relates to the Board member.

(2) A member of the Board ceases to hold office if the member—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) is convicted of an indictable offence,

(d) is convicted of an offence involving fraud or dishonesty,

(e) is the subject of an order under section 160 of the Companies Act 1990,

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

(3) A member of the Board 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 member demonstrates to the Minister’s satisfaction that the non-attendance was due to illness.

16. Resignations and casual vacancies.

16.— (1) A member of the Board may resign by letter to the Minister and the resignation takes effect on the later of—

(a) the date specified in the letter, and

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

(2) If a member of the Board dies, resigns, ceases to be qualified for office, ceases to hold office or is removed from office, the Minister may appoint a person to fill the casual vacancy so occasioned.

(3) A person appointed to be a member of the Board under this section—

(a) holds office for that period of the term of office of the member who occasioned the casual vacancy concerned that remains unexpired at the date of the appointment, and

(b) subject to section 13(8), is eligible for reappointment as a member of the Board on the expiry of that period.

17. Removal of members from office.

17.— (1) The Minister may remove all the members of the Board from office if the Board—

(a) does not achieve a quorum for 3 consecutive meetings,

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

(c) does not comply with a direction of the Minister or any other requirement imposed on it by or under any enactment including this Act, or

(d) in the Minister’s opinion, is not performing its functions in an effective manner.

(2) If, in the Minister’s opinion, the Board is not performing its functions in an effective manner, the Minister may appoint a person to—

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

(b) submit a report to the Minister on the results of the review.

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

(4) The removal of all the members of the Board does not revoke or otherwise affect any delegation of the Board’s functions to the chief executive officer under section 14(2).

18. Meetings and procedures of Board.

18.— (1) The Minister, in consultation with the chairperson of the Board, shall fix the date of the first meeting of the Board first constituted pursuant to section 13 and shall specify the time and place at which the meeting shall take place.

(2) The Board shall hold such meetings as are necessary for the performance of its functions but in each year shall meet at least once every 2 months.

(3) At a meeting of the Board—

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

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

(4) Every question at a meeting 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.

(5) Subject to subsection (8), the Board may act notwithstanding one or more vacancies among its members.

(6) Subject to this Act, the Board shall regulate, by standing orders, the procedures and business of the Board.

(7) Notwithstanding subsection (6), non-compliance with the standing orders of the Board does not invalidate any decision of the Board.

(8) The quorum for a meeting of the Board is 5 unless the Minister otherwise directs.

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

(10) If the chairperson refuses to call a meeting of the Board, after a requisition for that purpose, signed by not less than 3 members of the Board has been presented to the chairperson, any 3 members of the Board may call a meeting of the Board.

(11) If the chairperson, without refusing to do so, does not, within 7 days after the presentation of a requisition for that purpose signed by not less than 3 members of the Board, call a meeting of the Board, any 3 members of the Board may call a meeting of the Board.

19. Committees of Board.

19.— (1) The Board may—

(a) establish committees to provide assistance and advice to the Board in relation to the performance of its functions, and

(b) determine the membership and terms of reference of each committee.

(2) The Board may appoint persons to a committee who are not members of the Board but have special knowledge and experience related to the purpose of the committee.

(3) The appointment of a person to a committee is subject to the terms and conditions as may be determined—

(a) under section 20, to the extent that the terms and conditions relate to remuneration and allowances for expenses, and

(b) by the Board in any other case.

(4) The Board shall specify in writing the purpose and terms of reference of each committee.

(5) The acts of a committee are subject to confirmation by the Board, unless the Board dispenses with the necessity for confirmation.

(6) The Board may regulate the procedure of a committee but, subject to any such regulation, a committee may regulate its own procedure.

(7) The Board may at any time dissolve a committee established under this section.

20. Remuneration and expenses of members of Board and committees.

20.— (1) The remuneration and allowances for expenses, if any, determined in accordance with subsection (3) are payable by the Authority out of funds at its disposal to—

(a) the members of the Board, and

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

(2) The remuneration and allowances for expenses, if any, determined in accordance with subsection (3) are payable by the Minister out of money provided by the Oireachtas to a person appointed under section 17(2) to conduct an independent review.

(3) With the consent of the Minister for Finance, the Minister may determine the remuneration and allowances for expenses payable under this section.

PART 4 Chief Executive Officer of the Authority

21. Chief executive officer of Authority.

21.— (1) The Board shall appoint a person recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 to be the chief executive officer of the Authority.

(2) A person is not eligible for appointment as the chief executive officer if the person is—

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

(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, or

(c) a member of a local authority.

(3) The chief executive officer shall hold office on the terms and conditions (including those relating to remuneration, allowances and superannuation) that shall be determined by the Board with the approval of the Minister given with the consent of the Minister for Finance.

(4) The chief executive officer shall be paid by the Authority, out of funds at its disposal, remuneration and allowances determined under subsection (3).

(5) Notwithstanding subsection (1), the chief executive officer of the Interim Health Information and Quality Authority is the first chief executive officer of the Authority and shall hold office subject to the terms and conditions as may be determined in accordance with subsection (3).

22. Functions of chief executive officer.

22.— (1) The chief executive officer shall—

(a) carry on, and manage and control generally, the administration and business of the Authority,

(b) perform such other functions as may be assigned to that officer by or under this Act or another enactment or as may be delegated to him or her by the Board, and

(c) supply the Board with information (including financial information) relating to the performance of the chief executive officer’s functions as the Board may require.

(2) The chief executive officer is responsible to the Board for the performance of the chief executive officer’s functions and the implementation of the Board’s policies.

(3) If the chief executive officer is absent or the position of chief executive officer is vacant, the functions of the chief executive officer under this section may be performed by an employee of the Authority designated by the Authority.

23. Delegation of functions of chief executive officer.

23.— (1) Subject to any directions that may be given by the Board, the chief executive officer may—

(a) delegate any of the chief executive officer’s functions under section 22 (including those relating to financial matters) to employees of the Authority specified by name, position or otherwise, and

(b) authorise the subdelegation of any or all delegated functions to or by other such employees.

(2) Any function delegated or subdelegated under this section to an employee is to be performed by the employee under the general direction and control of the chief executive officer and in compliance with 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 that function.

(3) The delegation or subdelegation of a function does not preclude the person who for the time being holds the position of chief executive officer from performing the function.

(4) The chief executive officer may—

(a) vary any delegation or subdelegation of a function under this section,

(b) revoke such delegation or subdelegation, 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 inform each employee to whom the function was delegated or subdelegated of its variation or revocation.

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

(a) may vary or revoke the subdelegation, and

(b) is not precluded from performing the function.

(7) On varying or revoking the subdelegation of a function, the employee who subdelegated the function shall inform each employee to whom the function was subdelegated of its variation or revocation.

24. Accountability of chief executive officer to Committee of Public Accounts.

24.— (1) The chief executive officer, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, shall give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Authority is required by this Act to prepare,

(b) the economy and efficiency of the Authority in the use of its resources,

(c) the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Authority referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General, in so far as it relates to a matter specified in paragraph (a), (b) or (c), that is laid before Dáil Éireann.

(2) In the performance of the duties of the chief executive officer 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.

25. Accountability of chief executive officer to other Oireachtas Committees.

25.— (1) In this section “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to in section 24 or the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a subcommittee of such a Committee.

(2) Subject to subsection (3), the chief executive officer, at the request in writing of a Committee, shall attend before the Committee to give an account of the general administration of the Authority.

(3) The chief executive officer shall not be required to give an account before a Committee of any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.

(4) 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 (3) 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.

(5) Where the chief executive officer has informed a Committee of the chief executive officer’s opinion in accordance with subsection (4) and the Committee does not withdraw the request referred to in subsection (2) in so far as it relates to a matter the subject of that opinion—

(a) the chief executive officer, not later than 21 days after being informed by the Committee of its decision not to withdraw the request, may apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (3) applies, or

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

and the High Court shall determine the matter.

(6) Pending the determination of an application under subsection (5), the chief executive officer shall not attend before the Committee to give an account of the matter to which the application relates.

(7) If the High Court determines that the matter concerned is one to which subsection (3) applies, the Committee shall withdraw the request referred to in subsection (2), but if the High Court determines that subsection (3) does not apply, the chief executive officer shall attend before the Committee to give an account of the matter.

(8) In the performance of the chief executive officer’s 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.

PART 5 Employees and Advisers

26. Employees of Authority.

26.— (1) The Authority, subject to subsection (2) and (4), may 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 3 months beginning on the establishment day or during a shorter period that the Minister may specify.

(4) The Authority, with the approval of the Minister given with the consent of the Minister for Finance, shall 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 Authority and the numbers of employees in each grade.

(5) A person is not eligible for appointment as an employee of the Authority 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 Authority’s employees are payable by the Authority to the employees out of funds at the Authority’s disposal.

27. Superannuation.

27.— (1) The Authority shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such employees of the Authority as it may think fit.

(2) Every such scheme shall fix the time and conditions 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) Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.

(4) A scheme submitted by the Authority under this section, if approved by the Minister with the consent of the Minister for Finance, shall be carried out by the Authority in accordance with the terms of the scheme.

(5) No superannuation benefit shall be granted by the Authority nor shall any other arrangements be entered into by the Authority for the provision of such a benefit, to or in respect of an employee otherwise than in accordance with a scheme under this section or with the consent of the Minister and the Minister for Finance.

(6) Each scheme made under this section shall make provision for appeals.

(7) The terms and conditions governing superannuation benefits granted under schemes made under this section to persons who transferred to the Authority under sections 88 to 90 shall be no less favourable than those terms and conditions to which they were entitled immediately before their transfer.

(8) Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who was transferred to the Authority under sections 88 to 90—

(a) the benefit shall be calculated by the Authority in accordance with such scheme, or such enactments in relation to superannuation, as applied to the person immediately before the transfer, and

(b) the person’s pensionable service with the Authority shall be aggregated with the person’s previous pensionable service and the benefit, as so calculated, shall be paid by the Authority.

(9) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to anything done previously.

28. Advisers.

28.— (1) The Authority, with the approval of the Minister given with the consent of the Minister for Finance, 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 Authority out of funds at the Authority’s disposal.

PART 6 Accountability and Funding of Authority

29. Directions to Authority.

29.— (1) The Minister may give general directions in writing to the Authority for any purpose in relation to the provisions of this Act, or any other enactment, and for any matter or thing referred to in this Act, as specified or to be specified, or as determined or to be determined, and the Authority shall comply with any such direction.

(2) The Minister may direct the Authority or the chief inspector to supply the Minister with information, reports or statistics, in the manner and within the period, both as the Minister may determine, in relation to the performance of the functions assigned by or under this Act to the Authority or to the chief inspector.

(3) The Authority or the chief inspector, as specified in the Minister’s direction, shall comply with the Minister’s direction.

30. Corporate plan of Authority.

30.— (1) The Authority shall prepare, adopt and at the times specified in subsection (2), submit to the Minister for approval a corporate plan for the 3 year period following the date of its submission.

(2) A corporate plan must be submitted at the following times:

(a) within 6 months after the establishment day;

(b) within 6 months after the appointment of a new Minister if that Minister requests that a new corporate plan be submitted;

(c) at the end of the 3 year period since the last corporate plan was submitted.

(3) The corporate plan must be prepared in a form and manner in accordance with any direction given by the Minister and must specify—

(a) the key objectives of the Authority and the Office of the Chief Inspector of Social Services for the 3 year period concerned and the strategies for achieving those objectives, and

(b) the uses to which the Authority proposes to apply its resources.

(4) In preparing the corporate plan, the Authority shall have regard to the policies of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the Authority.

(5) Within 3 months after receiving a corporate plan, the Minister shall—

(a) approve the plan, or

(b) refuse to approve the plan if the plan is not amended in accordance with any directions that may be given by the Minister to the Authority.

(6) An approved corporate plan may be amended by the Minister at any time or may be amended by the Authority, but in the latter case only after—

(a) the Authority submits the proposed amendment to the Minister for approval, and

(b) the amendment is approved by the Minister.

(7) Subsections (3) to (5) apply with the necessary modifications in respect of an amendment by the Authority to an approved corporate plan.

(8) Nothing in a corporate plan is to be taken to prevent the Authority from, or to limit the Authority in, performing its functions.

(9) The Minister shall ensure that a copy of an approved corporate plan is laid before both Houses of the Oireachtas—

(a) within 21 days after the plan is approved by the Minister, and

(b) if the plan is amended under subsection (6) after being approved by the Minister, within 21 days after—

(i) in the case of an amendment made by the Minister, the making of the amendment, or

(ii) in the case of an amendment made by the Authority, the approval of the amendment by the Minister.

(10) The Authority shall ensure that, as soon as practicable after copies of an approved plan are laid before the Houses of the Oireachtas, the plan is published on the Internet and in accordance with such other arrangements as the Minister may specify.

(11) The Authority shall provide the Minister with a progress report on the implementation of an approved corporate plan for the Authority in the Authority’s annual report and, at the request of the Minister, at other times that the Minister may specify.

31. Determination by Minister of net expenditure limits for Authority.

31.— (1) Subject to subsection (2), the Minister, for a financial year of the Authority, shall—

(a) determine the maximum amount of net expenditure that may be incurred by the Authority for that financial year, and

(b) notify the Authority in writing of the amount so determined not more than 21 days after the publication by the Government of the Estimates for Supply Services for that financial year.

(2) If the Minister considers it appropriate in any particular case, a determination under this section may relate to the period (other than the financial year of the Authority) as the Minister may specify in the relevant notification under this section.

(3) The Minister may amend a determination under subsection (1) by varying the maximum amount of net expenditure that the Authority may incur for a particular financial year and, if the Minister varies that amount, the Minister shall notify the Authority in writing of the amendment as soon as may be and the determination applies and has effect as so amended.

32. Grants to Authority.

32.— The Minister may, with the consent of the Minister for Finance, advance to the Authority out of money provided by the Oireachtas such sum as the Minister may determine.

33. Submission of business plan.

33.— (1) Within 30 days after having been notified of its determination under section 31 for a financial year, the Authority shall submit to the Minister a business plan for the year.

(2) A business plan must be prepared in the form and manner and in accordance with any directions given by the Minister and must—

(a) indicate the Authority’s activities for the period to which the business plan relates,

(b) contain estimates of the number of employees of the Authority for the period to which the plan relates,

(c) contain the business plan for the Office of the Chief Inspector of Social Services,

(d) contain any other information specified by the Minister,

(e) accord with policies and objectives of the Minister and the Government, and

(f) be consistent with the financial limits determined by the Minister under section 31.

(3) In preparing the business plan, the Authority shall have regard to—

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

(b) any direction given by the Minister under section 29.

(4) The Authority shall give effect to the business plan unless the Minister, within 30 days after the submission of the plan, directs the Authority in writing to either amend the plan or not to give effect to it.

(5) The Minister shall, when giving a direction to the Authority under subsection (4), at the same time give to the Authority the Minister’s written reasons for the direction.

(6) The Authority shall comply with a direction under subsection (4).

34. Code of governance.

34.— (1) As soon as practicable after the Authority is established, it shall submit to the Minister for approval a code of governance that includes an outline of the—

(a) guiding principles applicable to the Authority as a public body having the functions described in section 8,

(b) structure of the Authority, including the role and responsibilities of the Board, the chief executive officer and the chief inspector,

(c) processes and guidelines to be followed to ensure compliance with the reporting requirements imposed on the Authority by or under this Act, and

(d) the Authority’s internal controls, including its procedures relating to internal audit, risk management, public procurement and financial reporting.

(2) The Authority shall review the code of governance periodically at the times that may be specified by the Minister and shall revise the code as the Authority considers appropriate.

(3) In preparing or making revisions to the code of governance, the Authority shall have regard to any direction given by the Minister under section 29.

(4) Following the Minister’s approval of the code of governance or of any revisions to it, the Authority shall arrange for the publication of the code or the revised code.

(5) The Authority shall indicate in its annual report its arrangements for implementing and maintaining adherence to the code of governance.

35. Accounts of Authority.

35.— (1) The Authority shall cause to be kept all proper and usual books or other records of account of—

(a) all income and expenditure of the Authority,

(b) the source of the income and the subject matter of the expenditure, and

(c) the property, assets and liabilities of the Authority.

(2) Without limiting subsection (1), the Authority shall also keep any special accounts as the Minister may direct.

(3) The books, records and special accounts kept under this section shall be—

(a) kept in the form, and

(b) for the accounting periods,

as the Minister may specify, with the consent of the Minister for Finance.

(4) The accounts of the Authority approved by the Board shall be submitted to the Comptroller and Auditor General for audit as soon as practicable and not later than 3 months after the end of the financial year to which the accounts relate.

(5) Within one month after the Comptroller and Auditor General issues an audit certificate for the accounts of the Authority a copy of the accounts and of the report of the Comptroller and Auditor General on the accounts shall be presented to the Minister who, within 2 months after their receipt, shall cause copies to be laid before each House of the Oireachtas.

(6) If required by the Minister, the Authority shall furnish to the Minister the information the Minister may require in respect of any balance sheet, account or report of the Authority.

(7) The Authority, chief executive officer and other employees of the Authority—

(a) whenever so requested by the Minister, shall permit any person appointed by the Minister to examine the books or other records of account of the Authority in respect of any financial year or other period, and

(b) shall facilitate the examination,

and the Authority shall pay such fee as may be fixed by the Minister for the examination.

36. Gifts.

36.— (1) The Authority may accept gifts of money, land or other property upon the trusts or conditions (if any) as may be specified by the donor.

(2) The Authority shall not accept a gift if the trusts or conditions attaching to it would be inconsistent with the Authority’s—

(a) functions, or

(b) obligations,

under this Act or any other enactment.

37. Annual report.

37.— (1) Not later than 30 April in each year, the Authority shall prepare and adopt an annual report in relation to the performance of the Authority’s functions during the immediately preceding calendar year.

(2) An annual report shall include—

(a) a statement of the activities undertaken by the Authority,

(b) the report of the Office of the Chief Inspector of Social Services on its activities,

(c) a report on the implementation of the Authority’s corporate plan,

(d) a report on the implementation of the Authority’s business plan,

(e) a report on the Authority’s arrangements for implementing and maintaining adherence to its code of governance, and

(f) other particulars that the Authority considers appropriate or as the Minister may specify, including but not limited to financial statements.

(3) As soon as may be but in any event not later than 21 days after adopting the annual report, the Authority shall submit a copy of the annual report to the Minister.

(4) The Minister shall ensure that copies of the annual report are laid before each House of the Oireachtas within 21 days after the Minister receives the report.

(5) The Authority shall ensure that the annual report is published on the Internet and in accordance with any other arrangements that the Minister may specify, as soon as practicable after copies of the report are laid before the Houses of the Oireachtas.

38. Assistance to other bodies.

38.— Subject to any directions given by the Minister under section 29, and on terms and conditions the Authority sees fit to impose, the Authority may give assistance to a body which performs or proposes to perform a function similar or ancillary to a function that the Authority may perform.

39. Charges for services.

39.— (1) Subject to subsection (2), the Authority may make charges as the Authority considers appropriate for the—

(a) provision by the Authority of services other than those provided by the Authority for or at the request of the Minister, another Minister of the Government, F37[the Executive, the Agency or a service provider], or in respect of a service being provided to a person in accordance with section 38, and

(b) carrying on by the Authority of its activities,

and shall record the receipts from those charges as income.

(2) The determination of the amounts of charges referred to in subsection (1) is subject to the approval of the Minister following consultations with the Minister for Finance.

(3) The Authority may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to the Authority under subsection (1).

PART 7 Office of the Chief Inspector of Social Services

40. Office of Chief Inspector of Social Services.

40.— (1) Oifig an Phríomh-Chigire Seirbhísí Sóisialacha or in the English language the Office of the Chief Inspector of Social Services is established and the holder of the office—

(a) shall be known as the Chief Inspector of Social Services, and

(b) is referred to in this Act as the “chief inspector”.

(2) Subject to subsection (3) and in accordance with section 26, the Authority shall appoint a person to be the chief inspector.

(3) Notwithstanding section 26 and with the approval of the Minister, the Authority may appoint the first chief inspector.

(4) The chief inspector shall be paid the remuneration and any allowances for expenses that the Authority may determine with the approval of the Minister given with the consent of the Minister for Finance.

(5) The chief inspector holds office for the period and upon the terms and conditions that the Authority may determine with the approval of the Minister given with the consent of the Minister for Finance.

(6) The Authority may dismiss the chief inspector from his or her office if satisfied that the chief inspector—

(a) has become incapable through ill health of effectively performing the functions of the office,

(b) is adjudicated bankrupt,

(c) is convicted of a criminal offence,

(d) has without reasonable excuse failed to discharge his or her functions for a continuous period of 3 months beginning not earlier than 6 months before the day of dismissal, or

(e) should be dismissed for any other stated reason.

(7) The person appointed as chief inspector under this section shall be given, by the Authority, a certificate of his or her appointment and, when exercising any power duly conferred on the chief inspector under this Act, shall produce, on request by any person affected, the certificate or a copy of the certificate, together with a form of personal identification.

41. Functions of chief inspector.

41.— (1) The functions of the chief inspector are to—

F38[(a) inspect the performance—

(i) by the Executive of the Executive’s functions undersection 10of theHealth (Nursing Homes) Act 1990, and

(ii) by the Agency of the Agency’s functions undersections 39 to 42andsection 53of theChild Care Act 1991,]

(b) establish and maintain one or more registers of designated centres,

F39[(ba) collect and maintain information relating to specified designated centres within the meaning ofsection 65A, in accordance with that section and any regulations made undersection 101B,

(bb) inspect premises at which the chief inspector has reasonable grounds to believe that a person is carrying on the business of a designated centre which is not registered under this Act,]

(c) register and inspect designated centres to assess whether the registered provider is in compliance with the—

(i) regulations, and

(ii) standards, if any, set by the Authority under section 8(1)(b),

F40[(ca) undertake reviews in accordance withsection 41A,]

(d) F41[…]

(e) subject to written agreement between the Minister and the Minister for Justice, Equality and Law Reform, act as an authorised person for the purposes of section 185 of the Children Act 2001, as amended by the Criminal Justice Act 2006.

(2) If the chief inspector is absent or the position of chief inspector is vacant, the functions of the chief inspector under this section may be performed by an Inspector of Social Services designated by the Authority for the purpose of this subsection.

41A. F42[Review of specified incident by chief inspector

41A.—…]

42. Accountability of chief inspector to Oireachtas Committees.

42.— (1) In this section “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to in section 24 or the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a subcommittee of such a Committee.

(2) Subject to subsection (3), the chief inspector, at the request in writing of a Committee, shall attend before the Committee to give a general account of the activities of the Office of the Chief Inspector.

(3) The chief inspector shall not be required to give an account before a Committee of any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.

(4) Where the chief inspector 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 (3) 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 inspector is before it, the information shall be so conveyed in writing.

(5) Where the chief inspector has informed a Committee of the chief inspector’s opinion in accordance with subsection (4) and the Committee does not withdraw the request referred to in subsection (2) in so far as it relates to a matter the subject of that opinion—

(a) the chief inspector, not later than 21 days after being informed by the Committee of its decision not to withdraw the request, may apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (3) applies, or

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

and the High Court shall determine the matter.

(6) Pending the determination of an application under subsection (5, the chief inspector shall not attend before the Committee to give an account of the matter to which the application relates.

(7) If the High Court determines that the matter concerned is one to which subsection (3) applies, the Committee shall withdraw the request referred to in subsection (2), but if the High Court determines that subsection (3) does not apply, the chief inspector shall attend before the Committee to give an account of the matter.

(8) In the performance of the chief inspector’s duties under this section, the chief inspector 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.

43. Inspectors of Social Services.

43.— (1) The Authority, in accordance with section 26, may appoint the number of persons as it may determine to assist the chief inspector in the performance of the chief inspector’s functions and—

(a) the persons appointed shall be known as Inspectors of Social Services, and

(b) are referred to in this Act as “inspectors”.

(2) An inspector shall perform the functions of the chief inspector, to the extent the chief inspector may determine, and, in performing those functions to that extent, the inspector has the same powers and duties as the chief inspector has in performing his or her functions under this Act.

(3) A person appointed as an inspector under this section shall be given, by the Authority, a certificate of his or her appointment and, when exercising any power duly conferred on an inspector under this Act, shall produce, on request by any person affected, the certificate or a copy of the certificate, together with a form of personal identification.

44. Plans and reports of Office of Chief Inspector.

44.— (1) Subject to any directions that may be given by the Authority, the chief inspector shall prepare—

(a) the corporate plan for the Office of the Chief Inspector of Social Services to be approved by the Authority and included in its corporate plan prepared in accordance with section 30, and

(b) the business plan for the Office of the Chief Inspector of Social Services to be approved by the Authority and included in its business plan prepared in accordance with section 33.

(2) The chief inspector shall prepare a report on the performance of his or her functions under section 41 for the preceding year to be included in the relevant annual report prepared by the Authority under section 37.

(3) Whenever requested by the Authority, the chief inspector shall furnish information in relation to such matters as the Authority may specify.

45. Arrangements with Executive.

45.—F43[(1) The Minister for Children and Youth Affairs, by written direction, may require the Agency to carry out inspections of children’s residential centres, as defined insection 2(1) of theChild Care Act 1991, which are provided in accordance with section 38(1) of that Act.]

(2) The F44[Agency] in acting under this section acts on behalf of the chief inspector and in acting on that behalf has the same powers and duties as the chief inspector has in carrying out inspections under this Act.

(3) An inspection under this section must be carried out by the F44[Agency] in the manner specified by the chief inspector and in accordance with the regulations and any standards which may be set by the Authority.

(4) The chief inspector may require the F44[Agency] to provide the chief inspector with any information the chief inspector needs in relation to an inspection or proposed inspection under this section.

(5) Expenses incurred by the F44[Agency] in carrying out functions in accordance with this section shall be paid from money provided by the Oireachtas to the F44[Agency].

PART 8 Regulation of Designated Centres

46. Prohibition against carrying on unregistered designated centre.

46.— (1) A person shall not carry on the business of a designated centre unless the centre is registered under this Act and the person is its registered provider.

(2) The person in charge of a designated centre, whether that person is the registered provider or another person, shall not manage or participate in the management of the centre unless the centre is registered under this Act.

47. Prohibition against false or misleading applications for registration.

47.— In, or in respect of, an application for registration or renewal of registration under this Part, a person shall not knowingly make a statement which is false or misleading in a material respect.

48. Applications for registration.

48.— (1) A person seeking to register or renew the registration of a designated centre under this Part shall make an application for its registration or renewal of registration to the chief inspector.

(2) The applicant shall include with the application—

(a) the prescribed information about prescribed matters,

(b) any other information which the chief inspector reasonably requires the applicant to include, and

(c) the prescribed application fee.

(3) An application under subsection (1) for the renewal of the registration of a designated centre must be made at least 6 months, or a lesser period that the chief inspector may specify, before the expiry date of the current registration.

(4) If an application under subsection (1) for the renewal of the registration of a designated centre—

(a) is made within the time limited under subsection (3), and

(b) the decision under section 50 to grant or refuse the registration is not made before the expiry date of the current registration,

the registration remains in effect until that decision is made.

(5) A person who wishes to carry on or manage more than one designated centre shall make a separate application for the registration, or the renewal of the registration, of each of the centres.

49. Register of designated centres.

49.— (1) For each registered designated centre there shall be entered in the appropriate register established and maintained under section 41 by the chief inspector—

(a) the name of the centre,

(b) the name—

(i) of the registered provider of the centre, and

(ii) of the person who is in charge of the centre whether that person is its registered provider or another person,

(c) the address of the premises in which the business of the centre is carried on,

(d) a statement of the number of residents who can be accommodated in the centre,

(e) the date on which the registration of the centre is to take effect (referred to in this Act as “the date of registration”),

(f) any conditions attached to the registration of the centre, F45[…]

F46[(fa) details of any fine or other penalty imposed on the registered provider of the centre by a court under this Act during the period referred to insubsection (2), and]

(g) such other particulars as the Minister may prescribe.

(2) Subject to sections 48 and 51, the registration of a designated centre is for 3 years.

(3) The registers shall be—

(a) kept at the office of the chief inspector,

(b) open to inspection by members of the public free of charge, during normal business hours, and

(c) made available on the Internet and by any other means that the Minister specifies.

(4) On request, a copy of an entry in any register maintained by the chief inspector shall be issued by the chief inspector on payment of the fee, if any, not exceeding the reasonable cost of making the copy, as may be determined by the chief inspector.

50. Grant or refusal of registration.

50.— (1) Where an application is made under section 48 for the registration or renewal of the registration of a designated centre, the chief inspector, if satisfied that the person who is the registered provider, or intended registered provider, and each other person who will participate in the management of the designated centre—

(a) is a fit person to be the registered provider of the designated centre and to participate in its management, and

(b) if the application is for registration, will comply with, or, if for renewal, is in compliance with—

(i) standards set by the Authority under section 8(1)(b),

(ii) regulations under section 101, and

(iii) any other enactment which appears to the chief inspector to be relevant, and is cited to the applicant in writing by the chief inspector,

shall grant the application and if not so satisfied shall refuse it.

(2) The chief inspector in granting an application under this section may—

(a) attach to the registration conditions that the chief inspector thinks fit in relation to the designated centre concerned, and

(b) attach different conditions in relation to the registration of different designated centres or of different categories of designated centres.

(3) On granting the application, the chief inspector shall issue a certificate of registration to the applicant, having first noted on the certificate—

(a) the enactments, if any, cited to the applicant under subsection (1)(b)(iii), and

(b) the conditions, if any, attached to the registration under subsection (2).

51. Cancelling registration, varying conditions of registration or imposing new conditions, for cause.

51.— (1) At any time, the chief inspector, on one or more of the grounds specified in subsection (2) may—

(a) cancel the registration of a designated centre,

(b) vary or remove any condition of the registration of a designated centre, or

(c) attach an additional condition to the registration of a designated centre.

(2) The following are the grounds referred to in subsection (1):

(a) that the registered provider, or any other person who participates in the management of the designated centre has been convicted of one or more of the following:

(i) an offence under this Act;

(ii) an offence under an enactment cited by the chief inspector in accordance with section 50(1)(b)(iii) and noted in accordance with section 50(3) on the registered provider’s certificate of registration;

(iii) an offence under the Child Care Act 1991;

(iv) an offence against the person;

(b) that, in the opinion of the chief inspector, the registered provider or any other person who participates in the management of the centre is not a fit person to be the registered provider of the centre or to participate in its management;

(c) that the designated centre is being, or has at any time been, carried on otherwise than in accordance with—

(i) any requirements or conditions imposed by or under this Act, or

(ii) any other statutory provision which the chief inspector considers to be relevant.

51A. F47[Removal of condition of registration

51A.—Notwithstandingsection 51, the chief inspector may, at any time, remove any condition of the registration of a designated centre where he or she is satisfied that the removal of the condition—

(a) is appropriate in the circumstances, and

(b) will not adversely affect the persons who are resident in the designated centre.]

52. Applications by registered providers.

52.— (1) A registered provider carrying on the business of a designated centre may apply to the chief inspector for the variation or removal of any condition of the registration of the designated centre.

(2) The chief inspector may grant an application under subsection (1) if satisfied that the variation or removal of the condition is—

(a) appropriate in the circumstances, and

(b) will not adversely affect the persons who are resident in the designated centre,

and if not so satisfied shall refuse the application.

(3) An application under subsection (1) shall be made in the prescribed manner, state the prescribed particulars and be accompanied by the prescribed application fee.

(4) For the purposes of subsection (3)—

(a) different amounts may be prescribed for different circumstances or different categories of designated centres, and

(b) the regulations may provide for the chief inspector to determine which of the different amounts is payable in a particular case.

53. Notice of certain proposed decisions of chief inspector.

53.— If the chief inspector proposes—

(a) under section 50 or 52, to refuse an application,

(b) under section 50 or 52, to grant an application subject to any F48[conditions,]

(c) under section 51, to—

(i) cancel the registration of a designated centre,

(ii) vary or remove any condition of the registration of a designated centre, or

(iii) attach an additional condition to the registration of a designated F48[centre, or]

F49[(d) undersection 51A, to remove any condition of the registration of a designated centre,]

the chief inspector shall give the applicant or the registered provider of the designated centre, as the case may be, written notice of the proposal, stating the particulars.

54. Right to respond to notice of proposed decision.

54.— (1) A written notice of a proposal under section 53 shall state that, within a time limit of F50[14 days] after the notice is given, the applicant or the registered provider, as the case may be, may make written representations to the chief inspector concerning the matter which is the subject matter of the proposal.

(2) Where written notice of a proposal has been given under section 53, the chief inspector shall not decide the matter that is the subject of the proposal until—

(a) the person to whom the notice was given has—

(i) made written representations to the chief inspector concerning the proposal, or

(ii) notified the chief inspector in writing that the person does not intend to make representations,

or

(b) the time limit of F50[14 days] referred to in subsection (1) has elapsed.

55. Notice of decisions of chief inspector.

55.— (1) The chief inspector shall give written notice to the applicant or the registered provider, as the case may be, of a decision—

(a) under section 50 or 52, to refuse an application,

(b) under section 50 or 52, to grant an application subject to any F51[conditions,]

(c) under section 51, to—

(i) cancel the registration of a designated centre,

(ii) vary or remove any condition of the registration of a designated centre, or

(iii) attach an additional condition to the registration of a designated F51[centre, or]

F52[(d) undersection 51A, to remove any condition of the registration of a designated centre.]

(2) A written notice under this section shall inform the applicant or the registered provider, as the case may be, of the right of appeal conferred by section 57.

(3) F53[Subject tosubsection (4), a decision referred to insubsection (1)does not take effect]—

(a) if no appeal from the decision is brought, until the expiration of F51[14 days], or a longer period determined by the chief inspector, after the receipt by the applicant or registered provider of written notice under this section, or

(b) if an appeal to the District Court from the decision is brought, until the determination or withdrawal of that appeal.

F53[(4) If the applicant or the registered provider—

(a) informs the chief inspector in writing that the applicant or the registered provider, as the case may be, accepts the decision concerned of the chief inspector and does not intend to appeal that decision to the District Court, and

(b) requests the chief inspector in writing that the decision concerned of the chief inspector take effect on a date that is earlier than that specified in subsection (3)(a),

that decision shall take effect on such date, that is earlier than the expiration of a period ofF51[14 days]after the receipt by the applicant or registered provider, as the case may be, of written notice under this section, as may be determined by the chief inspector.

(5) Notwithstandingsection 57, an appeal to the District Court may not be brought from a decision of the chief inspector that takes effect undersubsection (4).]

56. Required or prohibited conduct in relation to designated centre.

56.— (1) The registered provider carrying on the business of a designated centre shall ensure that the certificate of registration issued for the designated centre is affixed in a conspicuous place at the centre.

(2) The registered provider carrying on the business of a designated centre shall not, in an application under section 52 for the variation or removal of any condition of the registration of the designated centre, knowingly make a statement which is false or misleading in a material respect.

(3) Unless registration as a designated centre of a particular description has been effected under this Part in respect of a premises, undertaking or organisation, a person shall not, with intent to deceive another person,

(a) apply a name to the premises, undertaking or organisation that in any way describes it as a designated centre of that description, or

(b) hold out the premises, undertaking or organisation as a designated centre of that description.

(4) The registered provider carrying on the business of a designated centre shall not describe or hold out the designated centre as able to—

(a) provide a service, the provision of which would be in contravention of a condition of the registration of the designated centre, or

(b) do anything else, the doing of which would be in contravention of a condition of the registration of the designated centre.

57. Appeal to District Court from decision of chief inspector respecting registration.

57.— (1) The registered provider carrying on the business of a designated centre, or a person applying to be registered in respect of a designated centre, may appeal to the District Court from a decision of the chief inspector under section 50, 51 or 52.

(2) The registered provider or other person who appeals to the District Court under subsection (1)—

(a) shall bring the appeal within F54[14 days] after the receipt by the person of written notice under section 55 of the decision, and

(b) at the same time as the appeal is brought, shall give to the chief inspector written notice of the appeal.

(3) A registered provider carrying on the business of a designated centre who appeals to the District Court under this section may continue to carry on that business until the determination or withdrawal of that appeal or of a further appeal under section 62.

(4) On an appeal under subsection (1), the District Court, as it considers appropriate, may confirm the decision of the chief inspector or direct the chief inspector to—

(a) register or renew the registration of the designated centre,

(b) restore the registration of the designated centre,

(c) vary or remove a condition of the registration, or

(d) attach an additional condition to the registration.

(5) An appeal under subsection (1) shall be made to a District Court judge assigned to the district in which the designated centre is located.

58. Chief inspector may seek District Court order enforcing certain decisions.

58.— (1) If the chief inspector believes on reasonable grounds that any person is carrying on the business of a designated centre in contravention of a decision—

(a) under section 50 or 52, to refuse an application,