Number 42/2004: Health Act 2004

42 2004

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Number 42 of 2004

HEALTH ACT 2004

ARRANGEMENT OF SECTIONS

Preliminary Matters

Section
1.	Short title, collective citation and construction.
2.	Interpretation.
3.	Commencement.
4.	Establishment day.
5.	Expenses.

PART 2

Establishment and Functions of the Health Service Executive

6.	Establishment of Executive.
7.	Object and functions of Executive.
8.	Agreements between Executive and public authorities concerning performance of functions.
9.	Informal arrangements between Executive and local authorities concerning performance of functions.
10.	Directions from Minister.

PART 3

The Board of the Health Service Executive

11.	Membership of Board.
12.	Role of Board.
13.	Conditions of office.
14.	Removal of members from office.
15.	Committees of Board.
16.	Remuneration and expenses of members of Board and committees.

PART 4

Chief Executive Officer

17.	Appointment of chief executive officer.
18.	Functions of chief executive officer and their performance by deputy.
19.	Delegation of functions.
20.	Chief executive officer to be accounting officer.
21.	Attendance of chief executive officer before Oireachtas Committees.

PART 5

Employees and Advisers

22.	Employees of Executive.
23.	Superannuation.
24.	Advisers.

PART 6

Standards and Disqualifications

25.	Standards of integrity.
26.	Unauthorised disclosure of confidential information.
27.	Disqualification resulting from membership of either House of Oireachtas, European Parliament or local authority.

PART 7

Accountability

28.	Interpretation (Part 7).
29.	Executive to prepare and submit corporate plan for Minister's approval.
30.	Publication and implementation of approved corporate plan.
31.	Executive to prepare and submit service plan for Minister's approval.
32.	Amendment of approved service plan.
33.	Implementation of approved service plan.
34.	Minister's permission needed for major capital spending.
35.	Code of governance.
36.	Accounts of Executive.
37.	Annual report.
38.	Arrangements with service providers.
39.	Assistance for certain bodies.
40.	Gifts.

PART 8

Public Representation and User Participation

41.	National Health Consultative Forum.
42.	Regional health forums.
43.	Mechanisms (including advisory panels) to enable Executive to consult with local communities and others.
44.	Other advisory panels to be established on Minister's direction.

PART 9

Complaints

45.	Definitions (Part 9).
46.	Who may make complaints.
47.	Time limit for making complaints.
48.	Matters excluded from right to complain.
49.	Complaint and review procedures to be established.
50.	Refusal to investigate or further investigate complaints.
51.	Restriction on type of recommendations complaints officers may make and power to suspend implementation of recommendations.
52.	Adherence to complaint and review procedures to be condition of arrangements with service providers.
53.	Minister to make regulations for purposes of this Part.
54.	Referral of complaints to Ombudsman or Ombudsman for Children.
55.	Annual report to include report on complaints and reviews.

PART 10

Dissolution of Certain Health Bodies and the Transfer of their Functions and Employees, etc., to the Executive

56.	Definitions (Part 10).
57.	Dissolution of Comhairle na nOspidéal and transfer of its functions.
58.	Dissolution of health boards and other specified bodies.
59.	Transfer of functions of specified bodies to Executive.
60.	Transfer of employees of specified bodies to Executive.
61.	Transfer of pension liabilities relating to former employees of specified bodies.
62.	Transfer of property and liabilities to Executive.
63.	Preservation of contracts, etc., and adaptation of references.
64.	Pending legal proceedings.
65.	Preservation of orders, notices, rules, records, etc.
66.	References to specified bodies.
67.	Functional areas of dissolved health boards.
68.	References to chief executives of dissolved health boards.
69.	References to deputy chief executives of dissolved health boards.
70.	Dissolution of bodies established under Health (Corporate Bodies) Act 1961.
71.	Final accounts of specified bodies and other dissolved bodies.
72.	Executive to prepare final annual report for specified bodies and other dissolved bodies.

PART 11

Repeals, Transitional Provisions and Amendment of Other Acts

73.	Repeals and revocations.
74.	Savings and transitional provisions.
75.	Amendment of other Acts.

PART 12

Miscellaneous Provisions

76.	Effect of delegation and subdelegation of functions.
77.	Certificate evidence concerning delegation of functions.
78.	General power to make regulations and orders.
79.	Regulations relating to members of either House of Oireachtas.
80.	Laying of regulations and orders before Houses of Oireachtas.

SCHEDULE 1

Acts Referred to in Definition of Health and Personal Social Services

SCHEDULE 2

Miscellaneous Provisions Relating to the Executive and the Board

SCHEDULE 3

Transfer of Functions and References to Functional Areas

SCHEDULE 4

Repeals and Revocations

SCHEDULE 5

Savings and Transitional Provisions

SCHEDULE 6

Amendment of Other Acts

SCHEDULE 7

Acts Referred to
Adoption Act 1952	1952, No. 25
Adoption Act l988	1988, No. 30
Adoption Act l991	1991, No. l4
Adoption Act l998	1998, No. 10
Adoption Acts l952 to l988
Adoption Acts l952 to l998
Adoptive Leave Act 1995	1995, No. 2
Births and Deaths Registration Acts l863 to l996
Blind Persons Act l920	1920, c.49
Carer's Leave Act 2001	2001, No. l9
Child Abduction and Enforcement of Custody Orders Act l991	1991, No. 6
Child Care Act 1991	1991, No. l7
Child Care Acts 1991 and 2001
Children Act l997	1997, No. 40
Children Act 2001	2001, No. 24
Children Acts l908 and l989
Civil Registration Act 2004	2004, No. 3
Committees of the Houses of the Oireachtas (Compellability, Privileges and lmmunities of Witnesses) Act 1997	1997, No. l7
Companies Act l990	1990, No. 33
Comptroller and Auditor General Acts l866 to l998
Comptroller and Auditor General (Amendment) Act 1993	1993, No. 8
Data Protection Acts l988 and 2003
Dentists Act 1985	1985, No. 9
Domestic Violence Act 1996	1996, No. 1
Domestic Violence Acts l996 and 2002
Education Act l998	1998, No. 5 1
Education (Welfare) Act 2000	2000, No. 22
Education for Persons with Special Educational Needs Act 2004	2004, No. 30
Ethics in Public Office Act l995	1995, No. 22
European Communities Act 1972	1972, No. 27
European Parliament Elections Act l997	1997, No. 2
Family Law Act l995	1995, No. 26
Family Law (Miscellaneous Provisions) Act 1997	1997, No. 18
Family Law (Maintenance of Spouses and Children) Act 1976	1976, No. 11
Finance Acts l989 to 2002
Freedom of Information Act l997	1997, No. 13
Freedom of Information Acts l997 and 2003
Food Safety Authority of Ireland Act l998	1998, No. 29
Guardianship of Infants Act 1964	1964, No. 7
Harbours Act l946	1946, No. 9
Health Act 1947	1947, No. 28
Health Act 1953	1953, No. 26
Health Act 1970	1970, No. 1
Health Acts 1947 to 1953
Health Acts l947 to 2001
Health (Amendment) Act 2004	2004, No. l9
Health (Amendment) (No. 3) Act 1996	1996, No. 32
Health (Corporate Bodies) Act 1961	1961, No. 27
Health (Eastern Regional Health Authority) Act 1999	1999, No. 13
Health (Miscellaneous Provisions) Act 2001	2001, No. l4
Health (Nursing Homes) Act 1 990	1990, No. 23
Housing Act l988	1988, No. 28
Housing Acts l966 to 2002
Housing (Miscellaneous Pro visions) Act 1997	1997, No. 21
Housing (Traveller Accommodation) Act 1998	1998, No. 33
Immigration Act 1999	1999, No. 22
Immigration Act 2003	2003, No. 26
International Carriage of Perishable Foodstuffs Act 1987	1987, No. 20
Irish Medicines Board Act l995	1995, No. 29
Licensing of Indoor Events Act 2003	2003, No. 15
Local Authorities (Officers and Employees) Act 1926	1926, No. 39
Local Government Act 2001	2001, No. 37
Maternity Protection Act 1994	1994, No. 34
Marriages (Ireland) Act 1844	1844, c. 81
Medical Practitioners Acts l978 to 2002
Mental Health Act 2001	2001, No. 25
Mental Health Acts 1945 to 2001
Minimum Notice and Terms of Employment Acts l973 to 2001
Misuse of Drugs Act 1977	1977, No. 12
Misuse of Drugs Act 1984	1984, No. 18
Misuse of Drugs Acts 1977 and 1984
National Beef Assurance Scheme Act 2000	2000, No. 2
National Development Finance Agency Act 2002	2002, No. 29
Notification of Births Acts l907 and l915
Nurses Act 1985	1985, No. l8
Ombudsman Act 1980	1980, No. 26
Ombudsman Acts l980 to l984
Ombudsman for Children Act 2002	2002, No. 22
Organisation of Working Time Act 1997	1997, No. 20
Parental Leave Act 1998	1998, No. 30
Protection of Children (Hague Convention) Act 2000	2000, No. 37
Protection of Employees (Fixed-Term Work) Act 2003	2003, No. 29
Protection of Employees (Part-Time Work) Act 2001	2001, No. 45
Protection of the Environment Act 2003	2003, No. 27
Protections for Persons Reporting Child Abuse Act 1998	1998, No. 49
Poisons Act 1961	1961, No. 12
Public Health (Tobacco) Act 2002	2002, No. 6
Public Health (Tobacco) (Amendment) Act 2004	2004, No. 6
Public Health (Tobacco) Acts 2002 and 2004
Public Service Management (Recruitment and Appointments) Act 2004	2004, No. 33
Rats and Mice (Destruction) Act l919	1919, c. 72
Redundancy Payments Acts l967 to 2003
Refugee Act 1996	1996, No. 17
Registration of Marriages (Ireland) Act 1863	1863, c. 90
Registration of Maternity Homes Act 1934	1934, No. 14
Residential Tenancies Act 2004	2004, No. 27
Sex Offenders Act 2001	2001, No. 18
Social Welfare Acts
Standards in Public Office Act 2001	2001, No. 31
State Lands (Workhouses) Act 1930	1930, No. 9
State Lands (Workhouses) Act 1962	1962, No. 8
Tobacco (Health Promotion and Protection) Act 1988	1988, No. 24
Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act l978	1978, No. 27
Unfair Dismissals Act l977	1977, No. 10
Unfair Dismissals Acts 1977 to 2001
Unfair Dismissals (Amendment) Act 1993	1993, No. 22
Vocational Education Act l930	1930, No. 29
Youth Work Act 2001	2001, No. 42

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Number 42 of 2004

HEALTH ACT 2004

ARRANGEMENT OF SECTIONS

AN ACT TO ESTABLISH A BODY TO BE KNOWN AS FEIDHMEANNACHT NA SEIRBHÍSE SLÁINTE OR IN THE ENGLISH LANGUAGE AS THE HEALTH SERVICE EXECUTIVE AND TO PROVIDE FOR THE DISSOLUTION OF THE EASTERN REGIONAL HEALTH AUTHORITY, THE NORTHERN AREA HEALTH BOARD, THE EAST COAST AREA HEALTH BOARD, THE SOUTHWESTERN AREA HEALTH BOARD, THE HEALTH BOARDS ESTABLISHED UNDER THE HEALTH ACT 1970 AND CERTAIN OTHER BODIES; TO PROVIDE FOR THE TRANSFER OF THE FUNCTIONS OF THE DISSOLVED BODIES AND THEIR EMPLOYEES TO THE HEALTH SERVICE EXECUTIVE; TO ESTABLISH MECHANISMS FOR INVOLVING PUBLIC REPRESENTATIVES, USERS OF HEALTH AND PERSONAL SOCIAL SERVICES AND OTHER MEMBERS OF THE PUBLIC IN MATTERS RELATING TO THOSE SERVICES; TO ESTABLISH A STATUTORY FRAMEWORK FOR HANDLING CERTAIN COMPLAINTS RELATING TO HEALTH AND PERSONAL SOCIAL SERVICES; TO ESTABLISH MECHANISMS FOR THE FUTURE DISSOLUTION OF CERTAIN OTHER HEALTH BODIES AND FOR THE TRANSFER OF THEIR FUNCTIONS AND EMPLOYEES TO THE HEALTH SERVICE EXECUTIVE; AND TO PROVIDE FOR RELATED MATTERS. [17th December, 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: