Health Act 2007

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

(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 centre,

the chief inspector may apply to the District Court for an order to enforce the decision.

(2) The District Court, on hearing an application under this section, may make an order—

(a) in the terms sought by the chief inspector in the application, or

(b) in other terms as the Court considers appropriate.

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

59. Chief inspector may seek District Court order for cancellation or variation of registration.

59.— (1) If the chief inspector believes on reasonable grounds that there is a risk to the life, or a serious risk to the health or welfare, of the persons resident in a designated centre, because of any act, failure to act or negligence on the part of—

(a) the registered provider carrying on the business of the designated centre, or

(b) a person acting on behalf of the registered provider,

the chief inspector may apply to the District Court for an order—

(i) cancelling the registration of the designated centre,

(ii) varying or removing any condition attached to the registration of the designated centre, or

(iii) attaching an additional condition to the registration of the designated centre.

(2) Notice of an application for a final determination of the matters that are the subject of the application must be given by the chief inspector to the registered provider.

(3) The District Court, on hearing an application under this section, may make an order—

(a) in the terms sought by the chief inspector in the application, or

(b) in other terms as the Court considers appropriate.

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

60. Ex parte interim order in proceedings under section 59.

60.— (1) An application under section 59 by the chief inspector may be made ex parte and without notice for an interim order (in this section and in section 61 called an “ex parte interim order”) and, on that application, an ex parte interim order may be made—

(a) in the terms sought by the chief inspector in the application, or

(b) in other terms as the District Court considers appropriate,

if, having regard to the circumstances of the particular case, the court considers it necessary or expedient to make the order immediately in the best interests of the persons resident in the designated centre.

(2) The application for an ex parte interim order shall be grounded on an affidavit sworn by the chief inspector or by an individual acting on behalf of the chief inspector.

(3) The ex parte interim order has effect for a period, to be specified in the order, not exceeding 28 days and ceases to have effect at the end of that period unless—

(a) by consent of the parties, or

(b) on application by the chief inspector on notice to the person who was the designated centre’s registered provider at the time of the application made ex parte under section 59,

the District Court within that period confirms the ex parte interim order with effect for a specified further period.

(4) Subsection (3) does not affect any right of a party to proceedings commenced under section 59 to apply to the District Court in the proceedings.

(5) The chief inspector, as soon as practicable, shall serve on the person who was the registered provider at the time of the ex parte application a copy of—

(a) the ex parte interim order, and

(b) the affidavit referred to in subsection (2).

(6) In respect of the ex parte application, the chief inspector must provide the Executive F55[or the Agency as the case may be] with a copy of the application and of the affidavit referred to in subsection (2) and, where an ex parte interim order is made, must provide the Executive F55[or the Agency as the case may be] with a copy of the order.

(7) If an ex parte interim order ceases to have effect because of the operation of subsection (3) then, effective on the next day after that order ceases to have effect—

(a) the registration of the designated centre and the status as registered provider of the person who was the centre’s registered provider at the time of the ex parte application under section 59(1) are reinstated, and

(b) the designated centre and the registered provider are restored to the same status under this Act as they had immediately before the date of the ex parte application under section 59.

61. Final determination of matters dealt with in an ex parte interim order under section 59.

61.— (1) Within 42 days after the date of an ex parte interim order, the chief inspector may apply to the District Court for a final determination of the matters dealt with in the order.

(2) Notice of an application under this section must be given by the chief inspector to the person who was the designated centre’s registered provider at the time of the ex parte application made under section 59.

(3) On the hearing of the application for a final determination of the matters dealt with in the ex parte interim order, the District Court may make an order—

(a) confirming, varying or setting aside the ex parte interim order,

(b) reinstating the registration of the designated centre and the status as registered provider of the person who was the centre’s registered provider at the time of the ex parte application made under section 59, if the registration was cancelled under the ex parte interim order, or

(c) make any other order the Court considers appropriate.

(4) If the chief inspector does not apply, within the 42 days set out in subsection (1), for a final determination of the matters dealt with in the ex parte interim order, then, effective on the next day after expiry of the 42 days—

(a) the ex parte interim order ceases to have effect,

(b) the registration of the designated centre and the status as registered provider of the person who was the centre’s registered provider at the time of the ex parte application under section 59 are reinstated, and

(c) the designated centre and the registered provider are restored to the same status under this Act as they had immediately before the date of the ex parte application under section 59.

62. Appeals to Circuit Court from decisions of District Court.

62.— An appeal lies to the Circuit Court from a decision of the District Court under section 57(4), 59(3) or 61(3).

63. Status of chief inspector in court proceedings.

63.— The chief inspector is a party to any court proceedings under this Part and is entitled in any such proceedings to appear, be heard, adduce evidence and give evidence.

64. Care of residents on cancellation of registration.

64.— (1) If the chief inspector—

(a) cancels a registration under section 51 and the cancellation takes effect, or

(b) obtains an order to cancel a registration in accordance with section 59 and the cancellation takes effect,

the chief inspector shall notify the F56[Executive or the Agency as the case may be] forthwith of the cancellation and of the date on which the cancellation has effect.

(2) The F56[Executive or the Agency as the case may be], as soon as practicable after notification under subsection (1), shall make alternative arrangements for the residents of the designated centre.

(3) Where the F56[Executive or the Agency as the case may be], immediately before the cancellation, was the registered provider of the designated centre, the F56[Executive or the Agency as the case may be], pending the alternative arrangements referred to in subsection (2), notwithstanding the cancellation, may continue to carry on the business of the designated centre as if it were registered under this Act with the F56[Executive or the Agency as the case may be] as its registered provider.

(4) Where the F56[Executive or the Agency as the case may be], immediately before the cancellation, was not the registered provider of the designated centre, then, pending the alternative arrangements referred to in subsection (2), the F56[Executive or the Agency as the case may be], either—

(a) with the consent of the person who, immediately before the effective date of the cancellation, was the registered provider, or

(b) by order of the District Court,

shall take charge of the designated centre, and may carry on its business as if the designated centre were registered under this Act with the F56[Executive or the Agency as the case may be] as its registered provider.

65. Submission of information.

F57[65.—(1) The chief inspector may require the registered provider of a designated centre to provide such information as the chief inspector considers necessary to enable the chief inspector to carry out the chief inspector’s functions.

(2) Where the chief inspector requires that information be provided undersubsection (1), the registered provider shall provide the information to the chief inspector.

(3) The information to be provided under this section shall be provided in such manner and form, and at such time, as the chief inspector considers appropriate.]

65A. F58[Submission of information to chief inspector in accordance with regulations under section 101B

65A.—(1) Without prejudice to the generality ofsection 65, the registered provider of a specified designated centre shall submit to the chief inspector such information relating to the designated centre as may be prescribed in regulations undersection 101B(1)(a).

(2) Where the information submitted by a registered provider undersubsection (1)is, in the reasonable opinion of the chief inspector, incomplete, the chief inspector may request that the registered provider submit such further information as is necessary for the registered provider to be in compliance withsubsection (1).

(3) Where the chief inspector makes a request undersubsection (2), the registered provider shall comply with the request.

(4) The information to be submitted to the chief inspector undersubsections (1)and(2)shall be submitted in accordance with any regulations made undersection 101B, and in such manner and form as the chief inspector considers appropriate.

(5) The chief inspector shall establish and maintain a record of the information submitted by registered providers under this section.

(6) If the chief inspector becomes aware that any particular in the record is incorrect, he or she may make such alteration to the record as he or she considers necessary to correct the particular and shall notify the registered provider concerned in writing of any such alteration.

(7) The chief inspector may use information submitted by a registered provider of a specified designated centre under this section where necessary for the purposes of carrying out the chief inspector’s functions.

(8) Subject tosubsection (9), the chief inspector shall, in accordance with any regulations made undersection 101B(1), provide such information submitted to him or her under this section as is prescribed underparagraph (b)of that section, or data derived from that information, to—

(a) the Minister,

(b) the Authority,

(c) the Executive, and

(d) such public bodies as are prescribed in regulations undersection 101B(1)(d).

(9) Information or data provided by the chief inspector under subsection (8) shall exclude any information or data that may identify or could reasonably lead to the identification of an individual.

(10) The chief inspector shall, in accordance with any regulations made undersection 101B(1)(e), publish—

(a) aggregated information in relation to a specified designated centre for the purpose of informing residents, prospective residents, or the family members of such residents or prospective residents, in relation to decisions that they might wish to make in connection with that specified designated centre, and

(b) aggregated information, using any geographic, temporal or other categorisation that the chief inspector considers appropriate.

(11) In this section—

"aggregated information" means data derived from information submitted to the chief inspector under this section, which excludes any information that identifies or could reasonably lead to the identification of—

(a) wheresubsection (10)(a)applies, an individual, or

(b) wheresubsection (10)(b)applies, an individual or a particular specified designated centre;

"public body" means—

(a) a Minister of the Government, or

(b) a person, body or organisation established—

(i) by or under any enactment (other than the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act), or

(ii) under the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act, in pursuance of powers conferred by or under another enactment,

and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government;

"specified designated centre" means a designated centre to whichparagraph (a)(iii)or(c)of the definition of "designated centre" insection 2(1)applies.]

65B. F59[Prohibition against submission of false or misleading information

65B.—A registered provider of a designated centre shall not submit to the chief inspector information undersection 65or65Athat the registered provider knows or should reasonably know to be false or misleading.]

66. Prohibition against closure of designated centre without notice.

66.— (1) The registered provider carrying on the business of a designated centre shall not cease to carry on its business and close the designated centre unless the registered provider first gives the chief inspector written notice, of such period as may be prescribed, of the intention to do so as of a date specified in the notice.

(2) Different periods may be prescribed for different categories of designated centres.

67. Cancellation of registration on closure of designated centre.

67.— If a registered provider ceases to carry on the business of a designated centre and closes the centre, the chief inspector shall—

(a) make a note to that effect in the appropriate register, and

(b) cancel the registration of the designated centre.

68. Notice of appointment under law to take charge of designated centre.

68.— (1) A person who is appointed by or under the law to take charge of a designated centre in place of its registered provider, shall give notice of the appointment to the chief inspector, as soon as practicable, but not later than 48 hours after the appointment.

(2) The chief inspector may accept a later notification where the chief inspector is of the opinion that it would be right and proper to do so.

(3) Where the chief inspector receives information in accordance with subsection (1) and has reason to believe that it is in the interests of the health and welfare of the residents—

(a) he or she may notify the F60[Executive or the Agency as the case may be], and

(b) the F60[Executive or the Agency as the case may be] may make alternative arrangements for the residents of the centre.

69. Transitional provision for registration of existing designated centres.

69.— F61[(1) In this section—

"institution" means any—

(a) institution or part of one,

(b) residential centre or part of one, or

(c) home or part of one,

that, immediately before the relevant day, is a designated centre other than a designated centre which is a special care unit;

"relevant day" means—

(a) in the case of an institution to which—

(i) before 1 January 2014,paragraph (a)(iii)of the definition of "designated centre" applied as that definition was in force immediately before that date, and

(ii) on and after 1 January 2014,paragraph (a)(iii)of the definition of "designated centre" applies as that definition is in force on and after that date,

1 July 2009,

(b) in the case of an institution to which—

(i) before 1 January 2014,paragraph (b)of the definition of "designated centre" applied as that definition was in force immediately before that date, and

(ii) on and after 1 January 2014,paragraph (c)of the definition of "designated centre" applies as that definition is in force on and after that date,

1 July 2009,

(c) in the case of an institution to which—

(i) before 1 January 2014,paragraph (a)(ii)of the definition of "designated centre" applied as that definition was in force immediately before that date, and

(ii) on and after 1 January 2014,paragraph (a)(ii)of the definition of "designated centre" applies as that definition is in force on and after that date,

1 November 2013, and

(d) in the case of an institution to which—

(i) before 1 January 2014,paragraph (a)(i)of the definition of "designated centre" applied as that definition was in force immediately before that date, and

(ii) on and after 1 January 2014,paragraph (a)(i)of the definition of "designated centre" applies as that definition is in force on and after that date,

the day on which this Part comes into operation in so far as it relates to a designated centre to which this paragraph applies.]

F62[(2) A person who, immediately before the relevant day, was carrying on the business of an institution and providing residential services at the institution may, notwithstandingsection 46, continue to do so—

(a) in the case of an institution other than an institution to whichparagraph (c)of the definition of "relevant day" applies, for a period not exceeding 3 years commencing on the relevant day or such shorter period as the chief inspector may determine, and

(b) in the case of an institution to whichparagraph (c)of the definition of "relevant day" applies, for a period not exceeding 5 years commencing on the relevant day or such shorter period as the chief inspector may determine.]

(3) A person carrying on the business of an institution in accordance with subsection (2) shall notify the chief inspector that the person is carrying on that business, as soon as practicable, but not later than 6 months after the centre becomes a designated centre in accordance with the provisions of this Act.

(4) During the period described in subsection (2) in which a person, in accordance with that subsection, may carry on the business of an institution, this Act applies to the person and to the institution as if the institution were a registered designated centre under this Act with the person as its registered provider.

69A. F63[Transitional provision in relation to amendment of certain time limits

69A.—(1) Where, immediately before the commencement day, a time limit referred to insection 54(1)or(2)(b),55(3)(a)or(4), or57(2)(a)has not expired in relation to a person, the time limit concerned, notwithstanding its amendment bysection 7 (a)or(b),8 (b)or(c), or9, as the case may be, of the Act of 2024, shall continue to have effect in relation to the person on and after the commencement day as ifsection 7 (a)or(b),8 (b)or(c), or9, as the case may be, of the Act of 2024 had not been commenced.

(2) In this section—

"Act of 2024" means the Health (Miscellaneous Provisions) (No. 2) Act 2024;

"commencement day" means—

(a) in relation to the time limit referred to insection 54(1), the day on which section 7 (a) of the Act of 2024 comes into operation,

(b) in relation to the time limit referred to insection 54(2)(b), the day on which section 7 (b) of the Act of 2024 comes into operation,

(c) in relation to the time limit referred to insection 55(3)(a), the day on which section 8 (b) of the Act of 2024 comes into operation,

(d) in relation to the time limit referred to insection 55(4), the day on which section 8 (c) of the Act of 2024 comes into operation, or

(e) in relation to the time limit referred to insection 57(2)(a), the day on which section 9 of the Act of 2024 comes into operation.]

PART 9 Inspections and Investigations

70. Appointment by the Authority of authorised persons.

70.— (1) The Authority shall appoint, with the approval of the Minister given with the consent of the Minister for Finance, one or more persons with appropriate qualifications and experience for the purposes of—

(a) monitoring compliance with standards in accordance with section 8(1)(c), or

(b) an investigation referred to in section 8(1)(d) undertaken by the Authority,

and a person so appointed shall be known as an authorised person.

(2) At the request of an authorised person, the Authority may appoint such other number of persons that the Authority may determine, to assist that authorised person in the performance of the authorised person’s functions and the persons appointed shall be authorised persons for the purposes of—

(a) monitoring compliance with standards in accordance with section 8(1)(c), or

(b) an investigation referred to in section 8(1)(d).

(3) An authorised person shall be paid the remuneration and allowances for expenses that the Authority may determine with the approval of the Minister given with the consent of the Minister for Finance.

(4) Each authorised person shall be given a certificate of his or her appointment and, when exercising any power conferred on the Authority, shall produce, on request by any person affected, the certificate or a copy of the certificate, together with a form of personal identification.

71. Appointment by Executive of persons to examine designated centres.

71.— (1) For the purpose of assessing compliance with the terms and conditions, regulations and standards and other statutory obligations referred to in subsection (2), the F66[Executive or the Agency as the case may be] may appoint persons to examine any premises of a service provider in which the business of a designated centre is being carried on.

(2) The following are the terms and conditions, regulations and standards and other statutory obligations for the purposes of subsection (1):

F67[(a) the terms and conditions applicable in respect of any—

(i) arrangement undersection 38of theHealth Act 2004,

(ii) assistance given in accordance withsection 39of theHealth Act 2004, and

(iii) arrangements undersection 56or58of the Child and Family Agency Act 2013.]

(b) any regulations and any standards made in respect of the category of designated centres to which the designated centre referred to in subsection (1) belongs; and

(c) any other statutory obligations in relation to that designated centre.

(3) A person appointed under subsection (1) may—

(a) enter any designated centre maintained by a service provider and examine, as he or she thinks fit, the state and management of the premises and the care or treatment of residents of the centre, and

(b) examine any records in relation to the centre and interview—

(i) any employee of the centre, or

(ii) any resident of the centre with the resident’s consent.

(4) The person in charge of a designated centre, whether that person is the registered provider or another person, shall—

(a) allow a person appointed under subsection (1) to enter the designated centre for the purpose of any examination under subsection (2), and

(b) co-operate with that person throughout the course of the examination.

72. Appointment of qualified persons to assist chief inspector and inspectors in an inspection.

72.— (1) At the request of the chief inspector, the Authority may appoint, with the approval of the Minister, one or more persons, with expertise relevant to an inspection referred to in section 41 F68[or a review referred to insection 41A], to—

(a) accompany the chief inspector or inspector during the inspection F68[referred to insection 41, or an inspection relating to the review referred to insection 41A, as the case may be], and

(b) assist and advise the chief inspector or an inspector on matters related to the purpose of the inspection F68[referred to insection 41, or to the review referred to insection 41A, as the case may be,] that are within the expertise of the person or persons so appointed.

(2) A person appointed under this section shall be paid the remuneration and allowances for expenses that the Authority may determine with the approval of the Minister given with the consent of the Minister for Finance.

73. Right of entry and inspection by authorised person or chief inspector.

73.— (1) If an authorised person considers it necessary or expedient for the purposes of—

(a) monitoring compliance with standards in accordance with section 8(1)(c), or

(b) an investigation referred to in section 8(1)(d),

the authorised person may enter and inspect at any time any premises—

F69[(i) owned or controlled by the Executive, the Agency, a service provider, or a person carrying on the business of providing a prescribed private health service, or

(ii) used or proposed to be used, for any purpose connected with the provision of services described insection 8(1)(b)or(1)(ba).]

(2) If the chief inspector considers it necessary or expedient for the purposes of an inspection referred to in section 41, the chief inspector may enter and inspect at any time any premises—

(a) owned or controlled by the Executive F70[or the Agency],

(b) used, or proposed to be used, for any purpose connected with the provision of a service under sections 39 to 42 and 53 of the Child Care Act 1991 or section 10 of the Health (Nursing Homes) Act 1990 by the F71[Executive, the Agency or a service provider,] or

(c) used or proposed to be used as a designated centre F72[…].

F69[(2A) If the chief inspector considers it necessary or expedient for the purposes of a review referred to insection 41A, the chief inspector may enter and inspect at any time any premises—

(a) owned or controlled by a relevant entity within the meaning ofsection 41A, or

(b) used or proposed to be used for any purpose connected with the provision of a health service by a relevant entity within the meaning ofsection 41A.]

(3) If an authorised person considers it necessary or expedient for the purposes of monitoring compliance with standards in accordance with section 8(1)(c), or of an investigation referred to in section 8(1)(d), or the chief inspector considers it necessary or expedient for the purposes of an inspection referred to in section 41 F73[or a review referred to insection 41A]—

(a) the authorised person, at any time, may carry out the functions conferred on the authorised person under this section and sections 75 and 76 to the extent that the functions relate to any premises referred to in subsection (1), and

(b) the chief inspector, at any time, may carry out the functions conferred on the chief inspector under this section and sections 75 and 76 to the extent that the functions relate to any premises referred to in subsection (2) F73[in the case of an inspection referred to insection 41, or any premises referred to insubsection (2A)in the case of a review referred to insection 41A].

(4) An authorised person, in respect of premises referred to in subsection (1), or the chief inspector, in respect of premises referred to in subsection (2), may—

(a) inspect, take copies of or extracts from and remove from the premises any documents or records (including personal records) relating to the discharge of its functions by F74[the Executive or the Agency,] or to the services provided by F75[a service provider, a person carrying on the business of providing a prescribed private health service,] or at a designated centre F72[…],

(b) inspect the operation of any computer and any associated apparatus or material which is or has been in use in connection with the records in question,

(c) inspect any other item and remove it from the premises—

(i) if an authorised person considers it necessary or expedient for the purposes of monitoring compliance with standards in accordance with section 8(1)(c), or of an investigation referred to in section 8(1)(d), or

(ii) the chief inspector considers it necessary or expedient for the purposes of an inspection referred to in section 41,

(d) interview in private any person—

(i) working at the premises concerned, or

(ii) who at any time was or is in receipt of a service at the premises and who consents to be interviewed,

and

(e) make any other examination into the state and management of the premises or the standard of any services provided at the premises.

F76[(4A) A chief inspector, in respect of premises referred to insubsection (2A), may—

(a) inspect, take copies of or extracts from and remove from the premises any documents or records (including personal records) relating to the services provided by a relevant entity within the meaning ofsection 41A,

(b) inspect the operation of any computer and any associated apparatus or material which is or has been in use in connection with the records in question,

(c) inspect any other item and remove it from the premises if the chief inspector considers it necessary or expedient for the purposes of a review referred to insection 41A,

(d) interview in private any person—

(i) working at the premises concerned, or

(ii) who at any time was or is in receipt of a service at the premises and who consents to be interviewed,

and

(e) make any other examination into the state and management of the premises or the standard of any services provided at the premises.]

(5) At any time, an authorised person, in respect of premises referred to in subsection (1) or the chief inspector, in respect of premises referred to in subsection (2) F76[or(2A)], may require any person who—

(a) is in charge of the premises or of services provided at the premises, or

(b) possesses or is in charge of any records held at the premises or in respect of any services provided at the premises, even if the records are held elsewhere,

to furnish the authorised person or the chief inspector, as the case may be, with the information—

(i) the authorised person reasonably requires for the purposes of monitoring compliance with standards in accordance with section 8(1)(c), or of an investigation referred to in section 8(1)(d), or

(ii) the chief inspector reasonably requires for the purposes of an inspection referred to in F77[section 41, or of a review referred to insection 41A],

and to make available to the authorised person or chief inspector any document or record in the power or control of the person described in paragraph (a) or (b) of this subsection that, in the opinion of the authorised person, is relevant to the monitoring of compliance with the standards or to the investigation or, in the opinion of the chief inspector, is relevant to the inspection F76[or to the review].

(6) If a person is required under this section to produce a document or record and that document or record is kept by means of a computer, the authorised person, for premises referred to in subsection (1), or the chief inspector, for premises referred to in subsection (2) F76[or(2A)], may require the person who is required to produce that document or record to produce it in a form which is legible and can be taken away.

(7) If an authorised person, in respect of premises referred to in subsection (1), considers an explanation necessary and expedient for the purposes of—

(a) monitoring compliance with standards in accordance with section 8(1)(c), or

(b) an investigation referred to in section 8(1)(d),

the authorised person may require a person who is in charge of the premises or possesses or is in charge of any relevant documents or records to provide an explanation of any—

(i) document or record inspected, copied or provided in accordance with this section,

(ii) other information provided in the course of the investigation, or

(iii) other matters which are the subject of the functions being exercised by the authorised person under this section.

(8) If the chief inspector, in respect of premises referred to in subsection (2) F78[or(2A)], considers an explanation necessary and expedient for the purposes of conducting F79[an inspection referred to insection 41or a review referred to insection 41A], the chief inspector may require a person who is in charge of the premises or a person who possesses or is in charge of any documents or records which are the F79[subject of the inspection or review] to provide an explanation of any—

(a) documents or records inspected, copied or provided in accordance with this section,

(b) other information provided in the course of the inspection F78[or review], or

(c) other matters which are the subject of the functions being exercised by the chief inspector under this section.

73A. F83[Right of entry and inspection by chief inspector (premises that are not registered)

73A.(1) Subject tosubsection (3), if the chief inspector has reasonable grounds having regard to all the circumstances to believe that a person is, at a premises, carrying on the business of a designated centre which is not registered under this Act, he or she may enter and inspect such premises at any time.

(2) The chief inspector, in the performance of functions under this section, may not enter a dwelling other than—

(a) with the consent of the occupier, or

(b) in accordance with a warrant from the District Court issued undersection 73Bauthorising the entry.

(3) The chief inspector, in respect of premises referred to insubsection (1), may—

(a) inspect, take copies of or extracts from and remove from the premises any documents or records (including personal records) relating to the services believed to be provided at that premises,

(b) inspect the operation of any computer and any associated apparatus or material which is or has been in use in connection with the records in question,

(c) inspect any other item and remove it from the premises where the chief inspector considers it necessary or expedient for the purposes of ascertaining whether a person is carrying on the business of a designated centre which is not registered under this Act,

(d) interview in private any person—

(i) working at the premises concerned, or

(ii) who at any time was or is in receipt of a service at the premises and who consents to be interviewed, and

(e) make any other examination of the premises as is necessary for the purposes of ascertaining whether a person is carrying on the business of a designated centre which is not registered under this Act.

(4) At any time, the chief inspector, in respect of premises referred to insubsection (1), may require any person who—

(a) is the owner of the premises or the person in control of the premises or of the services provided at the premises, or

(b) possesses or is in charge of any records held at the premises or in respect of any services provided at the premises, even if the records are held elsewhere,

to furnish the chief inspector with the information the chief inspector reasonably requires for the purposes of ascertaining whether a person is carrying on the business of a designated centre which is not registered under this Act and to make available to the chief inspector any document or record in the power or control of the person described inparagraph (a)or(b)of this subsection that, in the opinion of the chief inspector, is relevant for the purposes of ascertaining whether a person is carrying on the business of a designated centre which is not registered under this Act.

(5) If a person is required under this section to produce a document or record and that document or record is kept by means of a computer, the chief inspector, for premises referred to insubsection (1), may require the person who is required to produce that document or record to produce it in a form which is legible and can be taken away.

(6) If the chief inspector, in respect of premises referred to insubsection (1), considers an explanation necessary and expedient for the purposes of ascertaining whether a person is carrying on the business of a designated centre which is not registered under this Act, the chief inspector may require a person who is in control of the premises or a person who possesses or is in charge of any documents or records which are the subject of the inspection under this section to provide an explanation of any—

(a) documents or records inspected, copied or provided in accordance with this section,

(b) other information provided in the course of the inspection, or

(c) other matters which are the subject of the functions being exercised by the chief inspector under this section.

(7) In this section andsection 73B, "dwelling" includes any part of a designated centre (including a centre where a person is carrying on the business of a designated centre that is not registered under this Act) occupied as a private residence by—

(a) a member of staff of the centre, or

(b) a person managing or participating in the management of the centre.]

73B. F84[Circumstances in which District Court may issue warrant for premises that is not registered

73B.—(1) Where, in relation to any premises referred to insection 73A(1), the chief inspector has reasonable grounds for believing that a person is carrying on the business of a designated centre which is not registered under this Act and he or she is prevented or has reasonable cause to believe there is a likelihood that he or she will be prevented from entering the premises, an application may be made to the District Court for a warrant undersubsection (2)authorising the entry.

(2) If a judge of the District Court is satisfied on the sworn information of the chief inspector that there are reasonable grounds for believing—

(a) that there are any records (including records stored in a non-legible form) relating to the premises referred to insection 73A(1)or that there is anything being used at those premises which the chief inspector considers necessary to inspect for the purposes of ascertaining whether a person is carrying on the business of a designated centre which is not registered under this Act, or

(b) that there is, or such an inspection is likely to disclose, evidence of the matters referred to inparagraph (a),

the judge may issue a warrant permitting the chief inspector or an inspector, accompanied by other persons with appropriate qualifications, or by members of the Garda Síochána as may be necessary, at any time or times, within one month after the date of issue of the warrant, on production of the warrant if requested, to enter the premises, if need be by reasonable force, and to perform the functions conferred by or undersection 73A.]

74. Requirement for occupier’s consent or District Court warrant to enter dwelling.

74.— F85[(1) In this section,“dwelling”includes—

(a) any part of a designated centre occupied as a private residence by the registered provider of the designated centre or by a member of the staff of the registered provider, and

(b) any part of the premises of a person carrying on the business of providing a prescribed private health service occupied as a private residence by that person or by a member of the staff of that person.]

(2) Notwithstanding section 73, an authorised person or the chief inspector, in the performance of functions under that section, may not enter a dwelling other than—

(a) with the consent of the occupier, or

(b) in accordance with a warrant from the District Court issued under section 75(2) authorising the entry.

75. Further circumstances in which District Court may issue warrant.

75.— (1) Where—

(a) in relation to any premises referred to in section 73(1), an authorised person monitoring compliance with the standards in accordance with section 8(1)(c) or conducting an investigation referred to in section 8(1)(d), or

F86[(b) in relation to any premises referred to insection 73(2)or(2A), the chief inspector conducting an inspection referred to insection 41or a review referred to insection 41A,]

is prevented or has reasonable cause to believe there is a likelihood that he or she will be prevented from entering the premises, an application may be made to the District Court for a warrant under subsection (2) authorising the entry.

(2) If a judge of the District Court is satisfied on the sworn information of an authorised person or the chief inspector that there are reasonable grounds for believing—

(a) that there are any records (including records stored in a non-legible form) relating to a service or to a F87[registered provider or designated centre] or that there is anything being used at the premises referred to in section 73(1) or (2) F88[or, in the case of a review referred to insection 41A,section 73(2A)], which—

(i) the authorised person considers it necessary to inspect for the purposes of monitoring compliance with standards in accordance with section 8(1)(c) or an investigation referred to in F89[section 8(1)(d),]

(ii) the chief inspector considers it necessary to inspect for the purposes of an inspection referred to in F89[subsection 41, or]

F88[(iii) the chief inspector considers it necessary to inspect for the purposes of a review referred to insection 41A,]

or

(b) that there is, or such an inspection is likely to disclose, evidence of a contravention of this Act or the regulations or, in the case of an inspection referred to in paragraph (a)(ii), a contravention of—

(i) this Act or the regulations,

(ii) the provisions, specified in F90[section 41(1)(a)], of this Act, of the other Acts referred to in F90[section 41(1)(a)], or

(iii) the regulations or standards referred to in F90[section 41(1)(c)F91[…]],

the judge may issue a warrant permitting the authorised person or the chief inspector or an inspector, accompanied by other persons with appropriate qualifications, or by members of the Garda Síochána as may be necessary, at any time or times, within one month after the date of issue of the warrant, on production of the warrant if requested, to enter the premises, if need be by reasonable force, and to perform the functions conferred by or under section 73.

76. Authorised person or chief inspector may be accompanied by Garda.

76.— If an authorised person or the chief inspector—

(a) has reasonable cause to expect any serious obstruction in the performance of functions under this Act, and

(b) is in possession of a warrant under F93[section 73B(2)orsection 75(2)],

the authorised person or chief inspector, when performing those functions, may be accompanied by a member of the Garda Síochána.

77. Prohibition against certain conduct in relation to inspections under section 73.

77.— A person shall not—

(a) refuse to allow a person who under section 73 is monitoring compliance with standards, or conducting an investigation or inspection—

(i) to enter any premises other than a dwelling in accordance with that section or in accordance with a warrant issued by the District Court, or

(ii) to enter any dwelling in accordance with that section under and in accordance with a warrant issued by the District Court,

or

(b) obstruct or impede a person conducting an investigation or inspection under section 73 in the exercise of functions under that section, or

(c) give to a person conducting an investigation or inspection under section 73 information that the person giving the information knows, or should reasonably know, to be false or misleading.

77A. F94[Reports of Authority or chief inspector

77A.—(1) The Authority or the chief inspector may prepare and publish a report relating to the functions and activities of the Authority, or the chief inspector, as the case may be.

(2) A report prepared undersubsection (1)may include information on—

(a) the monitoring of compliance with standards undersection 8(1)(c),

(b) any investigation carried out undersection 9, and

(c) any review carried out undersection 41A.

(3) Where preparing a report providing information in relation tosubsection (2), the Authority or the chief inspector as the case may be, shall give to the Executive, the Agency, a service provider, a person carrying on the business of providing a prescribed private health service, or the registered provider of a designated centre or the person in charge of that designated centre if other than its registered provider a draft of the report (in this section referred to as a "draft report") along with a written notice stating that the person may, not later than 21 days from the date on which the notice was received by him or her, or such further period as the Authority allows, make written submissions to the Authority or the chief inspector on the draft report.

(4) In the case of a report which includes information on a review referred to insubsection (2)(c), the chief inspector shall also give to the patient and, as the case may be, the complainant to whom the review relates an extract from the draft report which relates to the review concerned along with a written notice stating that the person may, not later than 21 days from the date on which the notice was received by him or her, or such further period as the chief inspector allows, make written submissions to the chief inspector on the extract from the draft report.

(5) As soon as practicable after the expiration of the period referred to insubsections (3)and(4)and, having considered any submissions made pursuant to those subsections, the Authority or the chief inspector as the case may be, may amend the draft report and, prior to publication, shall furnish the final report to—

(a) the Executive,

(b) the Agency,

(c) a service provider,

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

(e) the registered provider of a designated centre or the person in charge of that designated centre if other than its registered provider, or

(f) in the case of a report which includes information on a review referred to insubsection (2)(c), the patient and, as the case may be, the complainant.

(6) Without limiting the generality ofsection 78, the Authority or the chief inspector is not liable in damages arising from any report or communication made in good faith for the purposes of, or in the performance of, the functions under this section.]

77B. F96[Prohibition against certain conduct in relation to inspections under section 73A

77B.—A person shall not—

(a) refuse to allow a person who undersection 73Ais conducting an inspection—

(i) to enter any premises other than a dwelling in accordance with that section or in accordance with a warrant issued by the District Court, or

(ii) to enter any dwelling in accordance with that section under and in accordance with a warrant issued by the District Court,

(b) obstruct or impede a person conducting an inspection undersection 73Ain the exercise of functions under that section, or

(c) give to a person conducting an inspection undersection 73Ainformation that the person giving the information knows, or should reasonably know, to be false or misleading.]

78. Reports of authorised persons, the chief inspector and inspectors.

78.— The Authority, an authorised person, the chief inspector, an inspector or a person appointed under section 72 is not liable in damages arising from any—

(a) report or other document prepared, or

(b) communication made,

in good faith, for the purposes of, or in connection with, the performance of the functions—

(i) under section 70 of an authorised person appointed under that section,

(ii) under section 41 F97[orsection 41A] of the chief inspector, or

(iii) performed under section 43 by an inspector appointed under that section.

F98[PART 9A Compliance Notices

78A. Compliance notices

78A.—(1) Where the chief inspector is satisfied that the registered provider of a designated centre to whichparagraph (a)(ii)or(iii)or(c)of the definition of "designated centre" insection 2(1)applies has contravened or is contravening a relevant provision, the chief inspector may serve a notice (in this section referred to as a "compliance notice") on the registered provider.

(2) A compliance notice shall—

(a) specify the act or omission constituting the contravention referred to in subsection (1) to which the notice relates,

(b) for the purpose of ensuring compliance by the registered provider on whom it is served with a relevant provision, require the registered provider to do or refrain from doing such act or acts as is or are specified in the notice by such date as is so specified, and

(c) contain information regarding the bringing of an appeal undersubsection (5)against the notice, including the manner in which an appeal shall be brought.

(3) A compliance notice shall not specify a date in accordance withsubsection (2)(b)that falls on or before the date by which an appeal undersubsection (5)may be brought.

(4) The chief inspector may, as he or she considers appropriate—

(a) withdraw a compliance notice at any time, or

(b) where no appeal is brought undersubsection (5), specify a date that is later than the date specified in the notice undersubsection (2)(b),

and shall notify the registered provider in writing accordingly.

(5) A registered provider on whom a compliance notice has been served may appeal the notice to the District Court not later than 14 days after the service of the notice concerned.

(6) Where a registered provider makes an appeal undersubsection (5), the chief inspector, or an individual acting on behalf of the chief inspector, and the registered provider shall be entitled to be heard and to adduce evidence at the hearing of the appeal.

(7) Where an appeal is brought undersubsection (5), the District Court may—

(a) confirm the compliance notice in whole or in part, with or without amendment of the notice, or

(b) direct the chief inspector to withdraw the compliance notice.

(8) A registered provider who fails to comply with a compliance notice by the specified date shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €70,000 or imprisonment for a term not exceeding 2 years or both.

(9) This section shall not operate to prevent or restrict—

(a) the chief inspector from performing any of his or her functions under this Act in relation to the registered provider concerned, including in relation to the contravention to which the compliance notice applies, or

(b) the bringing or prosecuting of any proceedings for an offence under this Act.

(10) In this section—

"relevant provision" means—

(a)section 65or65A,

(b) a provision of the Health Act 2007 (Care and Support of Residents in Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013 ( S.I. No. 367 of 2013 ),

(c) a provision of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 ( S.I. No. 415 of 2013 ),

(d) a provision of regulations undersection 101, made on or after the coming into operation of section 16 of the Health (Miscellaneous Provisions) (No. 2) Act 2024, that applies in relation to a designated centre to whichparagraph (a)(ii)or(iii)or(c)of the definition of "designated centre" insection 2(1)applies, or

(e) a provision of regulations undersection 101B, made on or after the coming into operation of section 16 of the Health (Miscellaneous Provisions) (No. 2) Act 2024, that applies in relation to a designated centre to whichparagraph (a)(iii)or(c)of the definition of "designated centre" insection 2(1)applies;

"specified date" means, in relation to a compliance notice—

(a) where no appeal against the notice is brought undersubsection (5), the date specified in the notice in accordance withsubsection (2)(b)or, where applicable,subsection (4)(b), or

(b) where an appeal against the notice is brought undersubsection (5)and the District Court confirms the notice in accordance withsubsection (7)(a), the day falling immediately after the expiration of the period of 7 days from the date on which the District Court confirms the notice.]

78B. F99[Chief inspector may publish information respecting certain persons

78B.—(1) The chief inspector shall keep and maintain a list (in this section referred to as the "non-compliance list") of registered providers on whom a fine or other penalty is imposed by a court undersection 78A(8).

(2) Subject tosubsection (4), the non-compliance list shall specify, in respect of each registered provider listed therein—

(a) the name of the registered provider on whom the fine or other penalty is imposed,

(b) the address of the premises at which the business of the designated centre to which the fine or penalty concerned relates is carried on,

(c) the provision under which the fine or penalty concerned was imposed, and

(d) such particulars as the chief inspector considers appropriate in respect of the matters occasioning the fine or penalty and the amount or nature of that fine or penalty.

(3) The chief inspector may, in any form or manner as the chief inspector considers appropriate, publish or cause to be published all or any part of the non-compliance list.

(4) An entry in the non-compliance list in relation to the imposition of a fine or other penalty shall be deleted not more than 3 years after the date of the imposition of the fine or penalty.]

PART 10 Offences

79. Offences.

79.— (1) A person is guilty of an offence if the person—

(a) fails to discharge a duty to which the person is subject under section 69(3), or

(b) contravenes section 46, 47, F100[77or77B] .

(2) A registered provider carrying on the business of a designated centre is guilty of an offence if the registered provider—

(a) fails to discharge a duty to which the registered provider is subject under F100[section 56(1),65or65A],

(b) contravenes section 56(2), (3) or (4), F101[65B] or 66(1),

(c) fails to discharge a duty to which the registered provider is subject under a provision of the regulations,

(d) contravenes a provision of the regulations, or

(e) fails to comply with a condition of the registration of the designated centre.

(3) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment to a fine not exceeding €70,000 or imprisonment for a term not exceeding 2 years or both.

(4) A registered provider guilty of an offence under subsection (2) is liable—

(a) on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment to a fine not exceeding €70,000 or imprisonment for a term not exceeding 2 years or both.

80. Proceedings for offences.

80.— (1) Summary proceedings for an offence under this Act may be brought and prosecuted—

(a) where a person contravenes section 77 by refusing to allow an authorised person to monitor compliance with standards or conduct an investigation, by the Authority,

(b) in any other case, by the chief inspector.

(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be commenced any time within—

(a) 12 months after the date of the offence, or

(b) 6 months after the date on which evidence first comes to the knowledge of the Authority or the chief inspector that is sufficient, in the opinion of the Authority or the chief inspector, to justify the bringing of the proceedings, provided that the proceedings are commenced not later than 2 years after the date of the offence.

(3) A document, purporting to have been issued by the Authority, in the case of a contravention of section 77 described in section 80(1)(a), or by the chief inspector, in any other case, certifying the date on which the evidence described in subsection (2) first came to the knowledge of the Authority or the chief inspector—

(a) is admissible without proof of the signature or official character of the person appearing to have signed the document, and

(b) in the absence of evidence to the contrary, is proof of the matters certified in the document.

(4) Where an offence under this Act—

(a) is committed by a body corporate, by a person purporting to act on behalf of a body corporate or by an individual or an unincorporated body of persons, and

(b) is proved to have been committed with the consent or approval of, or to have been attributable to any neglect on the part of, any person who, when the offence was committed, was—

(i) a director, member of the committee of management or other controlling authority of the body concerned, or

(ii) the manager, secretary or other officer of the body concerned,

that person shall also be deemed to have committed the offence and may be proceeded against and punished accordingly.

PART 11 Standards, Disqualifications, etc.

81. Standards of integrity.

81.— (1) In performing functions under this or any other enactment as—

(a) a member of the Board or a committee of the Board,

(b) the chief executive officer, the chief inspector or any other employee of the Authority,

(c) a person engaged by the Authority as an adviser under section 28, or

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

a person shall maintain proper standards of integrity, conduct and concern for the public interest.

(2) Subsection (1) applies to an employee of a person referred to in subsection (1)(c) in respect only of duties of employment relating to the purposes for which the Authority has engaged that person.

82. Codes of conduct.

82.— (1) For the purposes of section 81(1), the Authority shall issue codes of conduct for the guidance of persons who are—

(a) members of a committee of the Board but are not members of the Board,

(b) employees of the Authority other than employees to whom a code of conduct under section 10(3) of the Standards in Public Office Act 2001 applies,

(c) engaged under section 28 by the Authority as advisers, or

(d) employees of persons referred to in paragraph (c).

(2) A code of conduct issued under this section for the guidance of persons referred to in subsection (1) must indicate the standards of integrity and conduct to be maintained by them in performing their functions under this or any other enactment.

(3) A person to whom the code of conduct relates shall have regard to and be guided by the code in performing functions under this or any other enactment.

(4) The terms and conditions on which a person is employed by the Authority or by a person referred to in subsection (1)(c) or on which a person is engaged by the Authority as an adviser are deemed to include any requirements that apply to that person under subsection (3).

83. Availability of codes of conduct.

83.— (1) Subject to subsection (2), the Authority, as soon as practicable after issuing a code of conduct, shall make the code available to the persons for whose guidance it was issued.

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

(3) In the absence of evidence to the contrary, a document purporting to be a code of conduct issued under this section—

(a) is such code, and

(b) is admissible in any proceedings before a court or other tribunal,

and any provision of the code of conduct that appears to the court or other tribunal to be relevant to a question in the proceedings may be taken into account by the court or tribunal in determining the question.

84. Prohibition against unauthorised disclosure of confidential information.

84.— (1) In this section “confidential information” means—

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

(b) proposals of a commercial nature or tenders submitted to the Authority by any person.

(2) Except in the circumstances set out in subsection (3), a person shall not disclose confidential information obtained while performing functions as—

(a) a member of the Board or a committee,

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

(c) a person engaged by the Authority as an adviser,

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

(e) a person appointed as an authorised person under section 70, or

(f) a person appointed under section 72.

(3) A person does not contravene subsection (2) by disclosing confidential information if the disclosure—

(a) is authorised by the Authority,

(b) is made to the Board,

(c) is made to the Minister by or on behalf of the Authority or in compliance with this Act, or

(d) is required by law.

85. Disqualification resulting from membership of either House of Oireachtas or of European Parliament or local authority.

85.— (1) A member of the Board of the Authority or a member of a committee of the Board of the Authority immediately ceases to hold office on—

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

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

(c) being 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

(d) becoming a member of a local authority.

(2) An employee of the Authority, including the chief executive officer, is immediately seconded from employment with the Authority on—

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

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

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

(3) No remuneration or allowances are payable by the Authority for the secondment period to a person seconded under subsection (2) from employment and the secondment period is not to be counted as service with the Authority for the purposes of any superannuation benefit.

(4) In relation to a person seconded under subsection (2) from employment, the secondment period begins on the occurrence of the relevant event referred to in that subsection and ends when the person ceases to be a member of either House of the Oireachtas or of the European Parliament.

PART 12 Dissolution of Specified Bodies, Transfer of Employees, Property and Liabilities to the Authority

86. Specified bodies.

86.— In this Part “specified bodies” means—

(a) the Irish Health Services Accreditation Board, and

(b) the Interim Health Information and Quality Authority.

87. Dissolution of specified bodies.

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

88. Transfer of employees of specified bodies to Authority.

88.— (1) In this section and section 90—

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

“recognised trade union or association of employees” means—

(a) a trade union, or

(b) an association of employees,

recognised by the Authority for the purposes of negotiations that are concerned with the terms and conditions of employment;

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

(2) On the establishment day each person who, immediately before that day, was an employee of a specified body—

(a) is transferred to the Authority, and

(b) becomes an employee of the Authority.

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

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

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

(a) the Redundancy Payments Acts 1967 to 2003;

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

(c) the Protection of Employees (Fixed-Term Work) Act 2003;

(d) the Organisation of Working Time Act 1997;

(e) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(f) the Unfair Dismissals Acts 1977 to 2005;

(g) the Maternity Protection Act 1994;

(h) the Parental Leave Acts 1998 and 2006;

(i) the Adoptive Leave Acts 1995 and 2005;

(j) the Carer’s Leave Act 2001.

89. Transfer of staff of Minister to Authority.

89.— (1) In this section “recognised trade union or staff association” means one recognised by the Minister for the purposes of negotiations about either or both of the following:

(a) the transfer of staff to the Authority;

(b) the remuneration, conditions of employment or working conditions of staff.

(2) On the establishment day, every person who immediately before that day was an officer of the Minister and who is designated by the Minister for the purpose of this section—

(a) is transferred to the Authority, and

(b) becomes an employee of the Authority.

(3) Except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person who is transferred in accordance with subsection (2) to the staff of the Authority shall not, while in the service of the Authority—

(a) receive a lesser scale of pay than the scale of pay to which he or she was entitled, or

(b) be made subject to less beneficial terms and conditions of service, including but not limited to those relating to terms of office, than the terms and conditions of service to which he or she was subject immediately before the transfer.

(4) In relation to persons transferred in accordance with subsection (2) to become an employee of the Authority, previous service in the civil service shall be reckonable for the purposes of, but subject to any exceptions or exclusions in the—

(a) Redundancy Payments Acts 1967 to 2003,

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

(c) Protection of Employees (Fixed-Term Work) Act 2003,

(d) Organisation of Working Time Act 1997,

(e) Minimum Notice and Terms of Employment Acts 1973 to 2005,

(f) Unfair Dismissals Acts 1977 to 2005,

(g) Maternity Protection Act 1994,

(h) Parental Leave Acts 1998 and 2006,

(i) Adoptive Leave Acts 1995 and 2005, and

(j) Carer’s Leave Act 2001.

90. Transfer of employees of Executive to Authority.

90.— (1) The chief executive officer of the Executive, in consultation with the Authority, may designate employees of the Executive for transfer to the Authority.

(2) Any employee of the Executive transferred to the Authority under this section becomes an employee of the Authority.

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

(4) Until the terms and conditions of employment to which a person transferred under this section was entitled immediately before his or her transfer to the Authority are varied by the Authority after consulting and reaching a collective agreement with the recognised trade union or association of employees concerned, they continue to apply to the person transferred in the employment of the Authority.

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

(a) the Redundancy Payments Acts 1967 to 2003;

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

(c) the Protection of Employees (Fixed-Term Work) Act 2003;

(d) the Organisation of Working Time Act 1997;

(e) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(f) the Unfair Dismissals Acts 1977 to 2005;

(g) the Maternity Protection Act 1994;

(h) the Parental Leave Acts 1998 and 2006;

(i) the Adoptive Leave Acts 1995 and 2005;

(j) the Carer’s Leave Act 2001.

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

91.— The pension payments and other superannuation liabilities of each specified body in respect of its former employees become on the establishment day the liabilities of the Authority.

92. Transfer of property and liabilities to Authority.

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

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

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

(4) Each right and liability transferred under this section and section 91 may, on or after its transfer, be sued on, recovered or enforced by or against the Authority in the Authority’s own name.

(5) The Authority need not give notice of the transfer to the person whose right or liability is transferred.

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

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

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

(b) has effect as if the name of the Authority were substituted in the contract, agreement or arrangement for that of the specified body, and

(c) is enforceable by or against the Authority.

94. Records of specified bodies.

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

(2) Any right of access, under the Freedom of Information Acts 1997 and 2003, to records that before the establishment day of the Authority were held by a body specified under section 86 and that are transferred to the Authority under subsection (1 is not affected by the transfer of those records.

(3) For the purpose of section 18 of the Freedom of Information Act 1997, any act done by the Irish Health Services Accreditation Board before the establishment day of the Authority is deemed to have been done by the Authority.

95. Pending legal proceedings.

95.— (1) If, immediately before the establishment day, any legal proceedings to which a specified body is a party are pending in any court or other tribunal—

(a) the Authority’s name shall be substituted in the proceedings for the name of the specified body, and

(b) the proceedings shall not abate because of the substitution.

(2) Any reference to a specified body in an order made by a court or other tribunal before the establishment day shall, on the establishment day, be construed as a reference to the Authority.

96. Final accounts of specified bodies.

96.— (1) The Authority shall prepare in accordance with the accounting standards specified by the Minister for the purposes of section 35 and in respect of the period specified in subsection (3) of this section, final accounts for each body dissolved under section 87.

(2) The Authority shall submit the final accounts to the Comptroller and Auditor General for audit not later than 3 months after the establishment day.

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

97. Final reports of specified bodies.

97.— (1) The Authority shall prepare a final annual report for each of the specified bodies dissolved under section 87 and submit the report to the Minister not later than 6 months after the establishment day.

(2) Section 37(4) and (5) applies in relation to a final annual report prepared under this section.

PART 13 Regulations

98. Regulations and orders.

98.—F102[(1) The Minister, after such consultation with the Minister for Children, Equality, Disability, Integration and Youth as may be appropriate, may, subject tosubsection (1A), make regulations (other than in respect of matters to whichsubsection (1A)relates) that the Minister considers necessary or expedient for purposes under this Act.]

F103[(1A) The Minister for Children, Equality, Disability, Integration and Youth, in relation to the performance by the Executive of its specialist community-based disability services functions, after such consultation with the Minister as may be appropriate, may make regulations that the Minister for Children, Equality, Disability, Integration and Youth considers necessary or expedient for purposes under this Act.]

(2) Without limiting the generality of subsection (1), the Minister F103[or, in relation to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth,] may make regulations—

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

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

(c) generally for the purpose of giving effect to this Act, and

(d) specifying a body established under the Health (Corporate Bodies) Act 1961 and making applicable to the specified body one or more of the functions of the Authority under section 8.

(3) A regulation under this section may contain consequential, supplementary and ancillary provisions as the Minister F103[or the Minister for Children, Equality, Disability, Integration and Youth, as appropriate,] considers necessary or expedient.

(4) The Minister may—

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

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

(5) A fee prescribed under this Part may be recovered summarily as a civil debt, without prejudice to any other method of recovery.

99. Regulations governing registration under this Act.

F104[99.—(1) Without limiting the generality ofsection 98, the Minister, after such consultation with the Minister for Children, Equality, Disability, Integration and Youth as may be appropriate, may, subject tosubsection (2), make regulations (other than in respect of matters to whichsubsection (2)relates) governing the registration of persons under this Act in respect of designated centres, including but not limited to regulations—

(a) respecting the making of applications for registration,

(b) prescribing the contents of certificates of registration,

(c) respecting the giving of notice by a registered provider, in respect of a designated centre, of any intended change in the identity of the person carrying on or managing the designated centre,

(d) respecting the giving of notice by a registered provider, in respect of a designated centre which is carried on or managed by a body corporate, of changes in the ownership of the body corporate or the identity of its officers,

(e) prescribing an annual fee payable by a registered provider at such a time as may be prescribed, and

(f) prescribing the notice to be given by a registered provider of a designated centre of intention to cease to carry on its business and close the designated centre.

(2) The Minister for Children, Equality, Disability, Integration and Youth, in relation to the performance by the Executive of its specialist community-based disability services functions, after such consultation with the Minister as may be appropriate, may make regulations governing the registration of persons under this Act in respect of designated centres, including but not limited to regulations—

(a) respecting the making of applications for registration,

(b) prescribing the contents of certificates of registration,

(c) respecting the giving of notice by a registered provider, in respect of a designated centre, of any intended change in the identity of the person carrying on or managing the designated centre,

(d) respecting the giving of notice by a registered provider, in respect of a designated centre which is carried on or managed by a body corporate, of changes in the ownership of the body corporate or the identity of its officers,

(e) prescribing an annual fee payable by a registered provider at such a time as may be prescribed, and

(f) prescribing the notice to be given by a registered provider of a designated centre of intention to cease to carry on its business and close the designated centre.]

100. Regulations respecting procedures for setting standards.

100.— F105[…]

101. Regulations respecting designated centres.

101.— F106[(1) Without limiting the generality ofsection 98, for the purpose of ensuring proper standards in relation to designated centres, the Minister (other than in respect of matters to whichsubsection (1A)relates)—

(a) shall make regulations as the Minister, after such consultation with the Minister for Children, Equality, Disability, Integration and Youth as may be appropriate, thinks appropriate, and

(b) may make different regulations for different purposes and for different categories of designated centres.]

F107[(1A) For the purpose of ensuring proper standards in relation to designated centres, the Minister for Children, Equality, Disability, Integration and Youth, in relation to the performance by the Executive of its specialist community-based disability services functions—

(a) shall make regulations as that Minister, after such consultation with the Minister as may be appropriate, thinks appropriate, and

(b) may make different regulations for different purposes and for different categories of designated centres.]

(2) Without limiting the generality of subsection (1) F107[or(1A)], regulations under this section may provide as respects one or more of the following:

(a) the maintenance, care, welfare and well-being of persons resident in a designated centre;

(b) the numbers, qualifications and availability of persons employed in a designated centre;

(c) the design, maintenance, repair, cleaning and cleanliness, ventilation, heating and lighting of a designated centre;

(d) the accommodation (including the amount of space in bedrooms and wards, the washing facilities and the sanitary conveniences) provided in a designated centre;

(e) the food provided for persons while resident in a designated centre;

(f) the records to be kept in a designated centre;

(g) the effecting by registered providers of designated centres of contracts of insurance against injury to persons resident in them;

(h) the management and control of the operations of a designated centre;

(i) the notification of incidents occurring in designated centres;

(j) the giving of notice by the registered provider of periods during which—

(i) the registered provider, or

(ii) the F108[person in charge], if the registered provider is not the F108[person in charge] of the designated centre,

proposes to be absent from the designated centre, and specifying the information to be supplied in the notice;

(k) adequate arrangements for the running of a designated centre during a period when the F109[person in charge] is absent from it.

(3) Without limiting the generality of subsection (1), regulations under this section—

F110[(a) may, subject to any regulations made under Part 9 of the Health Act 2004, require registered providers—

(i) to make adequate arrangements for an accessible and effective procedure for dealing with complaints made by or on behalf of a person who is or was receiving any of the services provided through a designated centre or who is seeking or has sought any such service,

(ii) to nominate a member of staff of a designated centre to be the complaints officer and another member of such staff to be the review officer to investigate and review complaints for the designated centre,

(iii) to ensure that persons employed in the designated centre are appropriately trained on the arrangements for dealing with complaints, and

(iv) to publicise the arrangements for dealing with complaints,]

(b) may prescribe for specified provisions of this Act to apply with prescribed modifications, if any, in cases where a person is appointed by or under the law to take charge of a designated centre in place of its registered provider,

(c) may provide for a designated centre referred to in paragraph (b) to be carried on for a prescribed period by a person who is not registered in respect of it, and

(d) may include provision for the prescribed period to be extended by a further period the chief inspector may allow.

101A. F111[Prescribed private health services

101A.—(1) Without limiting the generality ofsection 98, the Minister, having consulted the Authority and any other person as he or she considers appropriate, may prescribe a health service to be a prescribed private health service for the purposes of this Act.

(2) For the purposes ofsubsection (1), the Minister shall have regard to the following matters:

(a) whether the service is provided on an in-patient, day-patient or out‑patient basis;

(b) whether the service is provided in a hospital (other than a private hospital) where medical or surgical treatment for illness or injury, disability, palliative, obstetric or gynaecological care is provided;

(c) whether a general anaesthetic is administered to a patient in the provision of that service;

(d) whether the service is provided in a hospital (other than a private hospital) where the provision of the service 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;

(e) whether the service that is being provided is arranged by the National Treatment Purchase Fund Board under theNational Treatment Purchase Fund Board (Establishment) Order 2004( S.I. No. 179 of 2004 );

(f) whether the service that is being provided includes the performance of surgery, or a surgical intervention, in respect of aesthetic purposes, or other non-clinical purposes, that involves instruments or equipment being inserted into the body of the patient.

(3) When prescribing a health service to be a prescribed private health service under subsection (1), the Minister shall not prescribe health services provided—

(a) at a designated centre,

(b) at a centre registered by the Mental Health Commission, or

(c) at a retail pharmacy business.

(4) In this section, "retail pharmacy business" has the same meaning as it has in thePharmacy Act 2007.]