Health (Miscellaneous Provisions) Act 2009

PART 1 Preliminary and General

1. Short title, citation, construction and commencement.

1.— (1) This Act may be cited as the Health (Miscellaneous Provisions) Act 2009.

(2) The Mental Health Acts 2001 and 2008 and section 63 may be cited together as the Mental Health Acts 2001 to 2009 and shall be construed together as one.

(3) The Health Acts 1947 to 2008 and section 64 may be cited together as the Health Acts 1947 to 2009 and shall be construed together as one.

(4) This Act, other than sections 60to64, shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Definitions.

2.— In this Act—

“ Executive ” means the Health Service Executive;

“ Minister ” means the Minister for Health and Children.

3. Expenses.

3.— 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 moneys provided by the Oireachtas.

PART 2 Dissolution of National Council on Ageing and Older People

4. Definition.

4.— In this Part “ Council ” means the National Council on Ageing and Older People.

5. Dissolution of Council.

5.— The Council is dissolved.

6. Transfer of rights and liabilities.

6.— (1) All rights and liabilities of the Council arising by virtue of any contract or commitment (expressed or implied) entered into by the Council before the commencement of this Part shall, on such commencement, stand transferred to the Minister.

(2) Every right and liability transferred by subsection (1)may, on and after the transfer, be sued on, recovered or enforced by or against the Minister in his or her name and it shall not be necessary for the Minister to give notice to the person whose right or liability is transferred by that subsection of such transfer.

7. Transfer of certain property.

7.— (1) All land which, immediately before the commencement of this Part, was vested in the Council and all rights, powers and privileges relating to or connected with that land are, on such commencement, without any conveyance or assignment, transferred to and vested in the Minister.

(2) All property other than land (including choses-in-action), which, immediately before the commencement of this Part, was the property of the Council shall, on such commencement, stand transferred to the Minister without any assignment.

(3) Every chose-in-action transferred by subsection (2) may, on and after the commencement of this Part, be sued upon, recovered or enforced by the Minister in his or her name and it shall not be necessary for the Minister to give notice to any person bound by the chose-in-action of the transfer effected by that subsection.

(4) Any moneys, stocks, shares and securities transferred to the Minister by subsection (2) which, immediately before the commencement of this Part, are in the name of the Council shall, upon the request of the Minister, be transferred into his or her name.

8. Final accounts.

8.— (1) As soon as may be after the commencement of this Part, but not later than one year thereafter, the Minister shall cause to be prepared final accounts of the Council, in respect of the accounting year or part of an accounting year of the Council ending immediately before the commencement of this Part.

(2) Accounts prepared pursuant to this section shall be submitted as soon as may be by the Minister to the Comptroller and Auditor General for audit, and, immediately after the audit, a copy of the accounts as audited and a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall cause copies of those audited accounts and that report to be laid before each House of the Oireachtas.

9. Final Report.

9.— (1) As soon as may be after the commencement of this Part, but not later than one year thereafter, the Minister shall cause to be prepared a final report of the Council’s activities in respect of such period as has not already been the subject of a report to the Minister and ending immediately before the commencement of this Part.

(2) The Minister shall cause copies of the report referred to in subsection (1) to be laid before each House of the Oireachtas.

10. Pending legal proceedings.

10.— Where, immediately before the commencement of this Part, any legal proceedings to which the Council is a party are pending, the name of the Minister shall be substituted in the proceedings for the name of the Council and the proceedings shall not abate by reason of such substitution.

11. Preservation of certain contracts and adaption of certain references to former Council.

11.— Every contract or agreement made between the Council or any trustee or agent thereof acting on its behalf, and any other person, which is in force immediately before the commencement of this Part, shall continue in force and shall be construed and have effect as if the Minister were substituted therein for the Council or, as the case may be, its trustee or agent acting on its behalf, and shall be enforceable against the Minister.

12. Transfer of employees.

12.— (1) Every person who, immediately before the commencement of this Part, is an employee of the Council shall, on such commencement, hold an unestablished position in the Civil Service.

(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1) shall not, on the commencement of this Part, be brought to less beneficial conditions of remuneration than the conditions of remuneration to which he or she was subject immediately before the commencement of this Part.

(3) The previous service of a person referred to in subsection (1) shall be reckonable for the purposes of, but subject to any exceptions or exclusions in:

(a) the Redundancy Payments Acts 1967 to 2007;

(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 Terms of Employment (Information) Acts 1994 and 2001;

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

(g) the Unfair Dismissals Acts 1977 to 2007;

(h) the Maternity Protection Acts 1994 and 2004;

(i) the Parental Leave Acts 1998 and 2006;

(j) the Adoptive Leave Acts 1995 and 2005;

(k) the Carer’s Leave Act 2001.

(4) Any superannuation benefits awarded to or in respect of a person referred to in subsection (1) and the terms relating to those benefits shall be no less favourable than those applicable to or in respect of that person immediately before the commencement of this Part.

(5) The pension payments and other superannuation liabilities of the Council in respect of its former employees become on the commencement of this Part the liabilities of the Minister for Finance.

(6) A person referred to in subsection (1)shall undertake such duties as the Minister may from time to time direct.

(7) A person referred to in subsection (1) shall be subject to and employed in accordance with the Civil Service Regulation Acts 1956 to 2005.

(8) In this section—

“ Act of 2004 ” means the Public Service Management (Recruitment and Appointments) Act 2004;

“ Civil Service ” has the meaning assigned to it by the Act of 2004;

“ recognised trade union or staff association ” means a trade union or staff association recognised by the Minister for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of the persons concerned;

“ unestablished position ” has the meaning assigned to it by the Act of 2004.

13. Records of Council.

13.— Each record held by the Council immediately before the commencement of this Part shall, on such commencement, stand transferred to the Minister and shall, on and from that commencement, be deemed to be held by the Minister.

14. Revocation.

14.— The National Council on Ageing and Older People (Establishment) Order 1997 (S.I. No. 120 of 1997) is revoked.

PART 3 Dissolution of Women’s Health Council

15. Definition.

15.— In this Part “ Council ” means the Women’s Health Council.

16. Dissolution of Council.

16.— The Council is dissolved.

17. Transfer of rights and liabilities.

17.— (1) All rights and liabilities of the Council arising by virtue of any contract or commitment (expressed or implied) entered into by the Council before the commencement of this Part shall, on such commencement, stand transferred to the Minister.

(2) Every right and liability transferred by subsection (1)may, on and after the transfer, be sued on, recovered or enforced by or against the Minister in his or her name and it shall not be necessary for the Minister to give notice to the person whose right or liability is transferred by that subsection of such transfer.

18. Transfer of certain property.

18.— (1) All land which, immediately before the commencement of this Part, was vested in the Council and all rights, powers and privileges relating to or connected with that land are, on such commencement, without any conveyance or assignment, transferred to and vested in the Minister.

(2) All property other than land (including choses-in-action), which, immediately before the commencement of this Part, was the property of the Council shall, on such commencement, stand transferred to the Minister without any assignment.

(3) Every chose-in-action transferred by subsection (2) may, on and after the commencement of this Part, be sued upon, recovered or enforced by the Minister in his or her name and it shall not be necessary for the Minister to give notice to any person bound by the chose-in-action of the transfer effected by that subsection.

(4) Any moneys, stocks, shares and securities transferred to the Minister by subsection (2) which, immediately before the commencement of this Part, are in the name of the Council shall, upon the request of the Minister, be transferred into his or her name.

19. Final accounts.

19.— (1) As soon as may be after the commencement of this Part, but not later than one year thereafter, the Minister shall cause to be prepared final accounts of the Council, in respect of the accounting year or part of an accounting year of the Council ending immediately before the commencement of this Part.

(2) Accounts prepared pursuant to this section shall be submitted as soon as may be by the Minister to the Comptroller and Auditor General for audit, and, immediately after the audit, a copy of the accounts as audited and a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall cause copies of those audited accounts and that report to be laid before each House of the Oireachtas.

20. Final Report.

20.— (1) As soon as may be after the commencement of this Part, but not later than one year thereafter, the Minister shall cause to be prepared a final report of the Council’s activities in respect of such period as has not already been the subject of a report to the Minister and ending immediately before the commencement of this Part.

(2) The Minister shall cause copies of the report referred to in subsection (1) to be laid before each House of the Oireachtas.

21. Pending legal proceedings.

21.— Where, immediately before the commencement of this Part, any legal proceedings to which the Council is a party are pending, the name of the Minister shall be substituted in the proceedings for the name of the Council and the proceedings shall not abate by reason of such substitution.

22. Preservation of certain contracts and adaption of certain references to former Council.

22.— Every contract or agreement made between the Council or any trustee or agent thereof acting on its behalf, and any other person, which is in force immediately before the commencement of this Part, shall continue in force and shall be construed and have effect as if the Minister were substituted therein for the Council or, as the case may be, its trustee or agent acting on its behalf, and shall be enforceable against the Minister.

23. Transfer of officers.

23.— (1) (a) Subject to paragraph (b), every person who, immediately before the commencement of this Part, is an officer of the Council shall, on such commencement, hold an unestablished position in the Civil Service.

(b) Every person who, immediately before the commencement of this Part, is a fixed-term employee of the Council shall, on such commencement, hold an unestablished position as a fixed-term employee of the Minister for the duration of his or her contract of employment.

(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1) shall not, on the commencement of this Part, be brought to less beneficial conditions of remuneration than the conditions of remuneration to which he or she was subject immediately before the commencement of this Part.

(3) The previous service of a person referred to in subsection (1) shall be reckonable for the purposes of, but subject to any exceptions or exclusions in:

(a) the Redundancy Payments Acts 1967 to 2007;

(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 Terms of Employment (Information) Acts 1994 and 2001;

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

(g) the Unfair Dismissals Acts 1977 to 2007;

(h) the Maternity Protection Acts 1994 and 2004;

(i) the Parental Leave Acts 1998 and 2006;

(j) the Adoptive Leave Acts 1995 and 2005;

(k) the Carer’s Leave Act 2001.

(4) Any superannuation benefits awarded to or in respect of a person referred to in subsection (1) and the terms relating to those benefits shall be no less favourable than those applicable to or in respect of that person immediately before the commencement of this Part.

(5) The pension payments and other superannuation liabilities of the Council in respect of its former officers become on the commencement of this Part the liabilities of the Minister for Finance.

(6) A person referred to in subsection (1)shall undertake such duties as the Minister may from time to time direct.

(7) A person referred to in subsection (1) shall be subject to and employed in accordance with the Civil Service Regulation Acts 1956 to 2005.

(8) In this section—

“ Act of 2004 ” means the Public Service Management (Recruitment and Appointments) Act 2004;

“ Civil Service ” has the meaning assigned to it by the Act of 2004;

“ contract of employment ” has the meaning assigned to it by the Protection of Employees (Fixed-Term Work) Act 2003;

“ fixed-term employee ” has the meaning assigned to it by the Protection of Employees (Fixed-Term Work) Act 2003;

“ recognised trade union or staff association ” means a trade union or staff association recognised by the Minister for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of the persons concerned;

“ unestablished position ” has the meaning assigned to it by the Act of 2004.

24. Records of Council.

24.— Each record held by the Council immediately before the commencement of this Part shall, on such commencement, stand transferred to the Minister and shall, on and from that commencement, be deemed to be held by the Minister.

25. Revocation.

25.— The Women’s Health Council (Establishment) Order 1997 (S.I. No. 278 of 1997) is revoked.

PART 4 Dissolution of National Cancer Screening Service Board

26. Definition.

26.— In this Part “ Board ” means the National Cancer Screening Service Board.

27. Dissolution of Board.

27.— The Board is dissolved.

28. Transfer of rights and liabilities.

28.— (1) All rights and liabilities of the Board arising by virtue of any contract or commitment (expressed or implied) entered into by the Board before the commencement of this Part shall, on such commencement, stand transferred to the Executive.

(2) Every right and liability transferred by subsection (1) may, on and after the transfer, be sued on, recovered or enforced by or against the Executive in its name and it shall not be necessary for the Executive to give notice to the person whose right or liability is transferred by that subsection of such transfer.

29. Transfer of certain property.

29.— (1) All land which, immediately before the commencement of this Part, was vested in the Board and all rights, powers and privileges relating to or connected with that land are, on such commencement, without any conveyance or assignment, transferred to and vested in the Executive.

(2) All property other than land (including choses-in-action), which, immediately before the commencement of this Part, was the property of the Board shall, on such commencement, stand transferred to the Executive without any assignment.

(3) Every chose-in-action transferred by subsection (2) may, on and after the commencement of this Part, be sued upon, recovered or enforced by the Executive in its name and it shall not be necessary for the Executive to give notice to any person bound by the chose-in-action of the transfer effected by that subsection.

(4) Any moneys, stocks, shares and securities transferred to the Executive by subsection (2) which, immediately before the commencement of this Part, are in the name of the Board shall, upon the request of the Executive, be transferred into its name.

30. Final accounts.

30.— (1) As soon as may be after the commencement of this Part, but not later than one year thereafter, the Executive shall cause to be prepared final accounts of the Board, in respect of the accounting year or part of an accounting year of the Board ending immediately before the commencement of this Part.