S.I. No. 251/1998 - Health Board (Miscellaneous Assignment of Duties) Regulations, 1998

1. These Regulations shall be cited as the Health Board (Miscellaneous Assignment of Duties) Regulations, 1998.

2. In these Regulations:—

"The Minister" means the Minister for Health and Children.

"The Chief Executive Officer" means the Chief Executive Officer of a health board established under the

Health Act, 1970

.

"Medical Officer " means a Director of Public Health, a Public Health Specialist, a Medical Officer of Health, the Dublin Medical Officer of Health, a Senior Area Medical Officer, and an Area Medical Officer of a health board.

"Medical functions" means those functions and statutory responsibilities undertaken by the Director of Community Care and Medical Officer of Health, which require that the person performing them is, for the time being, a person whose name is entered on the register established under

Section 26

of the

Medical Practitioners Act, 1978

.

"Professional functions" means those functions and statutory responsibilities other than medical functions undertaken by the Director of Community Care and Medical Officer of Health, which, in the opinion of the Minister, require that the person performing them has attained certain academic or professional qualifications as specified by him.

"Administrative and managerial duties" means those functions undertaken by the Director of Community Care and Medical Officer of Health which are not medical functions or professional functions.

3. These Regulations shall come into operation on the 1st day of August 1998.

4.1. The medical functions heretofore vested in, or subject to the direction and control of, the Director of Community Care and Medical Officer of Health, including the duties of the County Medical Officer, the Assistant County Medical Officer and the duties of the City Medical Officer as described in

Statutory Instrument No. 128 of 1949

(Health Duties of Officers) Order, 1949 are hereby assigned to such Medical Officers as the Chief Executive Officer of each health board may determine.

4.2. Professional functions, heretofore vested in, or subject to the direction and control of, the Director of Community Care and Medical Officer of Health, shall be assigned to those officers of the health board who are, in the opinion of the Chief Executive Officer, suitably qualified to undertake them.

4.3. The Chief Executive Officer may, from time to time, and in such a manner as is consistent with the professional independence of the officer concerned, modify, revoke or otherwise circumscribe the assignments of these functions in a manner necessary for the management of the health board.

5. The administrative and managerial duties heretofore vested in, or subject to the direction and control of, the Director of Community Care and Medical Officer of Health, being functions within the meaning of

Section 16

of the

Health Act, 1970

, may be assigned in accordance with that Section as appropriate by the Chief Executive Officer to those officers of the health board who are, in the opinion of the Chief Executive Officer, suitably qualified to undertake them.

6.1. The assignment of duties referred to in Article 4(1) and Article 4(2) shall take effect from such date or dates as may be decided by the Chief Executive Officer who shall notify the officers in writing of these assignments beforehand.

6.2. Except in the case of appointments which fall to be filled after the 1st of August 1998, the date or dates specified in sub-article 1 of this Article shall be not earlier than the 1st of August 1998 and not later than the 1st of June 1999.

Given under the Official Seal of the Minister for Health and Children this 21st day of July 1998

Brian Cowen T.D.

MINISTER FOR HEALTH AND CHILDREN

Explanatory Memorandum

This measure provides for the assignment of functions vested in the Director of Community Care and Medical Officer of Health (DCCMOH) consequent on the abolition of that post.

S.I. No. 251 of 1998.

HEALTH BOARD (MISCELLANEOUS ASSIGNMENT OF DUTIES) REGULATIONS, 1998

The Minister for Health and Children in exercise of the powers conferred on him by

Section 72

of the

Health Act, 1970

hereby orders as follows:—