S.I. No. 63/2003 - National Treasury Management Agency (Delegation of Functions) Order 2003

1. (1) This Order may be cited as the National Treasury Management Agency (Delegation of Functions) Order 2003.

(2) This Order comes into operation on 18 February 2003.

2. (1) In this Order —

“Act of 2000” means the

National Treasury Management Agency (Amendment) Act 2000

(No. 39 of 2000);

“clinical claim” means a claim connected with the provision of, or failure to provide, a professional medical service;

“nurse” has the same meaning as it has in the

Nurses Act 1985

(No. 18 of 1985);

“pharmacist” means —

(a) a registered dispensing chemist and druggist,

(b) a registered druggist, or

(c) a registered pharmaceutical chemist;

“professional medical services” means —

(a) services provided by registered medical practitioners or registered dentists of a diagnostic or palliative nature, or consisting of the provision of treatment in respect of any illness, disease, injury or other medical condition,

(b) services provided by other health professionals in the performance of their duties, including pharmacists, nurses, midwives, paramedics ambulance personnel, laboratory technicians, or

(c) services connected with the provision of health or medical care provided by persons acting under the direction of a person to whom paragraph (a) or (b) applies;

“registered dentist” has the same meaning as it has in the

Dentists Act 1985

(No. 9 of 1985);

“registered dispensing chemist and druggist”, “registered druggist” and “registered pharmaceutical chemist” have the same meaning as they have in the

Pharmacy Act 1962

(No. 14 of 1962);

“registered medical practitioner” has the same meaning as it has in the Medical Practitioners Acts 1978 to 2002.

3. Subject to Article 4, this Order applies to a clinical claim brought —

(a) against —

(i) the Minister for Health and Children,

(ii) a State authority specified in column (1) of Part 1 of Schedule 1 to this Order relating to the provision of, or failure to provide, a professional medical service —

(I) at the place specified in column (2) thereof opposite the mention of the State authority concerned, or

(II) by a person who is engaged by a State authority so specified to provide such services on its behalf (being part of the services provided by the State authority from that place) whether or not the service is provided at that place,

(iii) A State authority that provides professional medical services at a place specified in Part 2 of the said Schedule 1, relating to the provision of, or failure to provide, a professional medical service —

(I) at the place concerned, or

(II) by a person who is engaged by the State authority to provide such services on its behalf (being part of the services provided by the State authority from the place concerned) whether or not the service is provided at that place, or

(iv) a State authority specified in Schedule 2 to this Order, and

(b) (i) before the commencement of this Order, being a clinical claim that the Agency and the State authority concerned determine should be managed by the Agency,

(ii) after such commencement in respect of an act or omission that occurred before such commencement, being a clinical claim that the Minister for Health and Children, with the consent of the Minister, determines should be managed by the Agency, or

(iii) after such commencement in respect of an act or omission that occurs after such commencement.

4. The management of a claim to which this Order applies is delegated to the Agency.

5. The following classes of claims are exempted from the delegation effected by this Order

(a) claims against the Minister for Health and Children in respect of infection with Hepatitis C through the administration of blood or blood products or in respect of related matters;

(b) claims against the Minister for Education and Science, the Minister for Health and Children, or the Minister for Justice, Equality and Law Reform in respect of abuse of a child within the meaning of the Commission to Inquire into Childhood Abuse Act 2000 (No. 7 of 2000).

6. It is declared that the Agency shall have the functions specified in section 9(2)(a) of the Act of 2000.

Schedule 1

Part 1

State authorities to which paragraph (i) of the definition of “State authority” applies

State Authority

Place in relation to which claim applies.

(1)

(2)

Caritas Convalescent Centre Limited

Merrion Road, Dublin 4.

Charleville and District Association for the Handicapped

Bakers Road, Charleville, Co. Cork.

Cheeverstown House Limited

Templeogue, Dublin 6.W.

COPE Foundation Limited

Bonnington, Montenotte, Cork.

Incorporated Orthopaedic Hospital of Ireland

Castle Avenue, Clontarf, Dublin 3.

Milford Care Centre Limited

Castletroy, Limerick.

North West Hospice Limited

The Mall, Sligo.

RehabCare Limited

Roslyn Park, Sandymount, Dublin 4.

South Infirmary/Victoria Hospital Limited

Old Blackrock Road, Cork.

Stewarts Hospital Services Limited

Palmerstown, Co. Dublin.

St. Patrick’s Centre (Kilkenny) Limited

Kells Road, Kilkenny.

St. Vincent’s University Hospital Limited

Elm Park, Dublin 4.

Brothers of Charity

“Auburn”, Ard na Gréine, Ennis, Co. Clare.

Woodlands Centre, Renmore, Co. Galway.

Bawnmore, Limerick.

Belmount Park, Waterford.

Lota, Glanmire, Co. Cork.

Lanesboro Street, Roscommon.

Daughters of Charity of St. Vincent de Paul

St. Vincent’s Centre, Navan Road, Dublin. 7.

Franciscan Sisters of the Divine Motherhood,

Beaufort, Killarney, Co. Kerry.

St. Mary of the Angels

Hospitaller Order of St. John of God

“Granada”, Stillorgan, Co. Dublin.

Rosminian Services

St. Patrick’s, Upton, Innishannon, Cork.

Sisters of Charity

St. Patrick’s Hospital (Marymount Hospice), Wellington Road, Cork.

Sisters of Charity of Jesus and Mary

Moore Abbey, Monasterevan, Co. Kildare.

St. Mary’s, Delvin, Co. Westmeath.

Sisters of La Sagesse Services

Cregg House, Sligo.

Sisters of the Bon Sauveur

Carriglea, Co. Waterford.

Sisters of the Sacred Heart of Jesus and Mary

St. Anne’s Services, Sean Ross Abbey Roscrea, Co. Tipperary.

The Board of Guardians and Directors of the Coombe Lying-In Hospital

Coombe, Rialto, Dublin 8.

City of Dublin Skin and Cancer Hospital

Hume Street, Dublin 2.

The Governors and Guardians of the Hospital for the Relief of Poor Lying-In Women, Dublin (commonly called the Rotunda Hospital)

The Rotunda Hospital, Parnell Square, Dublin 1.

The Royal Hospital Donnybrook

Morehampton Road, Dublin 4.

Cappagh National Orthopaedic Hospital

Finglas, Dublin 11.

Central Remedial Clinic

Vernon Avenue, Clontarf, Dublin 3

The Children’s University Hospital

Temple Street, Dublin 1.

Cork University Dental School and Hospital

Wilton, Cork.

Mater Misercordiae University College Hospital

Eccles Street, Dublin 7.

Mercy Hospital

Grenville Place, Cork.

National Disease Surveillance Centre

Sir Patrick Dun’s Hospital, Lower Grand Canal Street, Dublin 2.

The National Maternity Hospital

Holles Street, Dublin 2.

National Rehabilitation Hospital

Rochestown Avenue, Dun Laoghaire, Co. Dublin.

Our Lady’s Hospital for Sick Children

Crumlin, Dublin 12.

Royal Victoria Eye and Ear Hospital

Adelaide Road, Dublin 2.

St. Michael’s Hospital

Dun Laoghaire, Co. Dublin

St. John’s Hospital

St. John’s Square, Limerick.

St. Vincent’s Hospital

Richmond Road, Fairview, Dublin. 3.

Part 2

Places at which professional medical services are provided by State authorities (other than those specified in Part 1 of this Schedule) to which paragraph (i) of the definition of “State authority” applies.

Children’s Sunshine Home, Leopardstown Road, Foxrock, Dublin 18.

Our Lady’s Hospice, Harold’s Cross, Dublin 6 W.

Peamount Hospital, Newcastle, Co. Dublin.

St. Francis Hospice, Station Road, Raheny, Dublin 5.

St. Mary’s Hospital and Residential School, Baldoyle, Dublin 13.

St. Michael’s House, Ballymun Road, Dublin 11.

Schedule 2

State authorities to which an order under paragraph (j) of the definition of “State authority” applies

Adelaide and Meath Hospital Dublin Incorporating The National Children’s Hospital.

Beaumont Hospital Board.

Irish Blood Transfusion Service.

The Drug Treatment Centre Board.

Dublin Dental Hospital Board.

East Coast Area Health Board.

Eastern Regional Health Authority.

Health Research Board.

Leopardstown Park Hospital Board.

Mid-Western Health Board.

Midland Health Board.

National Breast Screening Board.

North Eastern Health Board.

North Western Health Board.

Northern Area Health Board.

South Eastern Health Board.

South Western Area Health Board.

Southern Health Board.

St. James’s Hospital Board.

Saint Luke’s Hospital Board.

Western Health Board.

GIVEN under the Official Seal of the Government

18 February 2003.

_______________

Taoiseach

The Government, at the request of the Minister for Health and Children (being a Minister of the Government in whom functions in relation to a State authority are vested) and in exercise of the powers conferred on them by

section 9

(1) of the

National Treasury Management Agency (Amendment) Act 2000

(No. 39 of 2000), hereby order as follows