First Previous (PART 2 Repayment Scheme )

17 2006

Health (Repayment Scheme) Act 2006

PART 3

Miscellaneous

Offences and penalties.

19 .— (1) Any person who knowingly gives the scheme administrator information which is false or misleading in a material particular in, or in connection with, an application shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €25,000 or to imprisonment for a term not exceeding 2 years or both.

(2) A person who, without lawful excuse, contravenes section 12 (4) or (9) shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €25,000 or to imprisonment for a term not exceeding 2 years or both.

Regulations.

20 .— (1) The Minister may make regulations giving effect to this Act and, without prejudice to the generality of the foregoing, such regulations may—

(a) subject to subsection (2), prescribe a date in respect of section 5 (3)(b),

(b) provide for interest to be paid on a recoverable health charge by reference to—

(i) the consumer price index, and

(ii) whether or not an application for a prescribed repayment in respect of the recoverable health charge is determined under paragraph (a) or (b) of section 6 (1),

(c) subject to subsection (3), prescribe an amount in respect of section 9 (2)(c),

(d) enable the Executive to impose a charge for administering—

(i) patients’ private property accounts, or

(ii) a class of patients’ private property accounts.

(2) The Minister shall not make regulations under subsection (1)(a) except after consultation with the Minister for Finance.

(3) The Minister shall only exercise the power under subsection (1)(c) to prescribe an amount referred to in that subsection such that the amount prescribed reflects the rate of inflation in the State.

Power to remove difficulties.

21 .— (1) If in any respect any difficulty arises in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may by regulations do anything which appears to be necessary or expedient for the purposes of removing that difficulty, for bringing that provision into operation or for securing or facilitating its operation.

(2) No regulations may be made under this section after the expiration of one year after the commencement of this section.

Laying of Regulations.

22 .— Every regulation made under this Act shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Amendment of First Schedule to Ombudsman Act 1980.

23 .— Part I of the First Schedule to the Ombudsman Act 1980 is amended by the substitution for “Department of Health” of the following:

“Department of Health and Children

Persons appointed pursuant to section 16 (3) of the Health (Repayment Scheme) Act 2006 to consider appeals under section 16 (1) of that Act”.