Health (Miscellaneous Provisions) (No. 2) Act 2024

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Health (Miscellaneous Provisions) (No. 2) Act 2024.

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

PART 2 Amendment of Principal Act

2. Definition

2. In this Part, “Principal Act” means the Health Act 2007.

3. Amendment of section 41 of Principal Act

3. Section 41 of the Principal Act is amended, in subsection (1), by the insertion of the following paragraphs after paragraph (b):

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

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

4. Amendment of section 49 of Principal Act

4. Section 49 of the Principal Act is amended, in subsection (1)—

(a) in paragraph (f), by the deletion of “and”, and

(b) by the insertion of the following paragraph after paragraph (f):

“(fa) details of any fine or other penalty imposed on the registered provider of the centre by a court under this Act during the period referred to in subsection (2), and”.

5. Removal of condition of registration

5. The Principal Act is amended by the insertion of the following section after section 51:

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

(a) is appropriate in the circumstances, and

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

6. Amendment of section 53 of Principal Act

6. Section 53 of the Principal Act is amended—

(a) in paragraph (b), by the substitution of “conditions,” for “conditions, or”,

(b) in paragraph (c)(iii), by the substitution of “centre, or” for “centre,”, and

(c) by the insertion of the following paragraph after paragraph (c):

“(d) under section 51A, to remove any condition of the registration of a designated centre,”.

7. Amendment of section 54 of Principal Act

7. Section 54 of the Principal Act is amended—

(a) in subsection (1), by the substitution of “14 days” for “28 days”, and

(b) in subsection (2)(b), by the substitution of “14 days” for “28 days”.

8. Amendment of section 55 of Principal Act

8. Section 55 of the Principal Act is amended—

(a) in subsection (1)—

(i) in paragraph (b), by the substitution of “conditions,” for “conditions, or”,

(ii) in paragraph (c)(iii), by the substitution of “centre, or” for “centre.”, and

(iii) by the insertion of the following paragraph after paragraph (c):

“(d) under section 51A, to remove any condition of the registration of a designated centre.”,

(b) in subsection (3)(a), by the substitution of “14 days” for “28 days”, and

(c) in subsection (4), by the substitution of “14 days” for “28 days”.

9. Amendment of section 57 of Principal Act

9. Section 57 of the Principal Act is amended, in subsection (2)(a), by the substitution of “14 days” for “28 days”.

10. Provision of information to chief inspector

10. The Principal Act is amended by the substitution of the following section for section 65:

“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 under subsection (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.”.

11. Insertion of sections 65A and 65B in Principal Act

11. The Principal Act is amended by the insertion of the following sections after section 65:

“Submission of information to chief inspector in accordance with regulations under section 101B

65A. (1) Without prejudice to the generality of section 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 under section 101B(1)(a).

(2) Where the information submitted by a registered provider under subsection (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 with subsection (1).

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

(4) The information to be submitted to the chief inspector under subsections (1) and (2) shall be submitted in accordance with any regulations made under section 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 to subsection (9), the chief inspector shall, in accordance with any regulations made under section 101B(1), provide such information submitted to him or her under this section as is prescribed under paragraph (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 under section 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 under section 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) where subsection (10)(a) applies, an individual, or

(b) where subsection (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 which paragraph (a)(iii) or (c) of the definition of ‘designated centre’ in section 2(1) applies.

Prohibition against submission of false or misleading information

65B. A registered provider of a designated centre shall not submit to the chief inspector information under section 65 or 65A that the registered provider knows or should reasonably know to be false or misleading.”.

12. Transitional provision in relation to amendment of certain time limits

12. The Principal Act is amended by the insertion of the following section after section 69:

“69A. (1) Where, immediately before the commencement day, a time limit referred to in section 54(1) or (2)(b), 55(3)(a) or (4), or 57(2)(a) has not expired in relation to a person, the time limit concerned, notwithstanding its amendment by section 7(a) or (b), 8(b) or (c), or 9, 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 if section 7(a) or (b), 8(b) or (c), or 9, 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 in section 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 in section 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 in section 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 in section 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 in section 57(2)(a), the day on which section 9 of the Act of 2024 comes into operation.”.

13. Insertion of sections 73A and 73B in Principal Act

13. The Principal Act is amended by the insertion of the following sections after section 73:

“Right of entry and inspection by chief inspector (premises that are not registered)

73A. (1) Subject to subsection (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 under section 73B authorising the entry.

(3) The chief inspector, in respect of premises referred to in subsection (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 in subsection (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 in paragraph (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 in subsection (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 in subsection (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 and section 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.

Circumstances in which District Court may issue warrant for premises that is not registered

73B. (1) Where, in relation to any premises referred to in section 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 under subsection (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 in section 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 in paragraph (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 under section 73A.”.

14. Amendment of section 76 of Principal Act

14. Section 76 of the Principal Act is amended, in paragraph (b), by the substitution of “section 73B(2) or 75(2)” for “section 75(2)”.

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

15. The Principal Act is amended by the insertion of the following section after section 77A:

“77B. A person shall not—

(a) refuse to allow a person who under section 73A is 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 under section 73A in the exercise of functions under that section, or

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

16. Insertion of Part 9A in Principal Act

16. The Principal Act is amended by the insertion of the following Part after Part 9:

“PART 9A

Compliance Notices

Compliance notices

78A. (1) Where the chief inspector is satisfied that the registered provider of a designated centre to which paragraph (a)(ii) or (iii) or (c) of the definition of ‘designated centre’ in section 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,