Health Act 2004 (2004_act_42) | IE

ISB Act 2004-12-17

Schedule 1 Health Act 2004 Open official source

SCHEDULE 1 Acts Referred to in Definition of Health and Personal Social Services

Acts Referred to in Definition of Health and Personal Social Services

Section 2.

1. Health Acts 1947 to 2001

2. Public Health (Tobacco) Acts 2002 and 2004

3. Mental Health Acts 1945 to 2001

4. Births and Deaths Registration Acts 1863 to 1996

5. Notification of Births Acts 1907 and 1915

6. Marriages (Ireland) Act 1844

7. Registration of Marriages (Ireland) Act 1863

8. Civil Registration Act 2004

9. Adoption Acts 1952 to 1998

10. Protections for Persons Reporting Child Abuse Act 1998

11. Child Care Acts 1991 and 2001

12. Children Acts 1908 and 1989

13. Poisons Act 1961

14. Registration of Maternity Homes Act 1934

15. Rats and Mice (Destruction) Act 1919

16. Blind Persons Act 1920

17. State Lands (Workhouses) Act 1930

18. State Lands (Workhouses) Act 1962

19. Social Welfare Acts

20. Family Law (Maintenance of Spouses and Children) Act 1976

21. European Communities Act 1972

22. International Carriage of Perishable Foodstuffs Act 1987

23. Domestic Violence Acts 1996 and 2002

24. Refugee Act 1996

25. Children Act 1997

26. Food Safety Authority of Ireland Act 1998

27. Immigration Act 1999

28. Education (Welfare) Act 2000

29. Children Act 2001

30. Protection of the Environment Act 2003

31. Licensing of Indoor Events Act 2003

32. Immigration Act 2003

33. Education for Persons with Special Educational Needs Act 2004

34. Residential Tenancies Act 2004

35. Any other Act that is prescribed by the Minister for the purposes of the definition of “health and personal social services” in section 2.

ISB Act 2004-12-17

Schedule 2 Health Act 2004 Open official source

SCHEDULE 2 Miscellaneous Provisions Relating to the Executive and the Board

Miscellaneous Provisions Relating to the Executive and the Board

Sections 6(3) and 11(6).

Seal of Executive

1. (1) The Executive shall provide itself with a seal as soon as practicable after the establishment day.

(2) The seal of the Executive must be authenticated by the signature of—

(a) the chief executive officer and another member of the Board, or

(b) any 2 employees of the Executive from a panel of employees who are designated by the chief executive officer for the purpose of this section and are authorised annually by the Board to act in that behalf.

(3) Judicial notice shall be taken of the seal of the Executive.

(4) Each instrument purporting to be made by the Executive and to be sealed with its seal (purporting to be authenticated in accordance with subparagraph (2)) is admissible in evidence and is deemed, in the absence of evidence to the contrary, to be such instrument.

Term of office of chairperson and other appointed members of Board

2. (1) The chairperson holds office for such period, not exceeding 5 years from the date of appointment to the office, as the Minister shall determine.

(2) Subject to subparagraph (3), an ordinary member holds office for such period, not exceeding 5 years from the date of appointment to the office, as the Minister may determine.

(3) Of the ordinary members of the Board first constituted under this section—

(a) 5 of them (selected in accordance with subparagraph (4)) hold office for a period of 3 years from the date of appointment to the office, and

(b) the others hold office for a period of 5 years from the date of such appointment.

(4) The ordinary members who are to hold office for a period of 3 years are, at a meeting of the Board held for the purpose, to be selected by—

(a) unanimous agreement of the ordinary members present at the meeting, or

(b) if for any reason unanimous agreement cannot be reached, the drawing of lots by those members.

(5) An appointed member who completes a term of office is eligible for reappointment to the Board, but may not serve for more than 2 consecutive terms.

(6) A period of service as a member pursuant to an appointment under paragraph 3(2) is considered for the purposes of subparagraph (5) to be a term of office.

Resignations and casual vacancies

3. (1) An appointed member may resign office by letter addressed to the Minister and the resignation takes effect on the later of—

(a) the date specified in the letter, or

(b) the receipt of the letter by the Minister.

(2) If an appointed member resigns, dies, ceases to hold office (other than on completing a term of office), ceases to be qualified for office or is removed from office, the Minister shall as soon as practicable appoint a person to fill the casual vacancy so occasioned.

(3) A person appointed under subparagraph (2) holds office for the unexpired portion of his or her predecessor's term of office and at the end of that term is, subject to paragraph 2(5), eligible for reappointment as a member.

Meetings of Board

4. (1) The Minister, in consultation with the chairperson, shall fix the date of the first meeting of the Board and shall specify the time and place of the meeting.

(2) The Board shall hold as many meetings as are necessary for performing its functions, but in each year shall hold not fewer than one meeting in each of 11 months of that year.

(3) The chairperson may at any reasonable time call a meeting of the Board.

(4) Any 3 members may call a meeting of the Board if the chairperson—

(a) refuses to call a meeting after being presented with a requisition for that purpose signed by not fewer than 3 members, or

(b) without refusing to call a meeting, does not call one within 7 days after being presented with such requisition.

Quorum and procedures

5. (1) The quorum for a meeting of the Board is 5.

(2) The chairperson is to preside at all meetings of the Board at which he or she is present.

(3) If the chairperson is absent from a meeting, or if that office is vacant, the members present at the meeting shall choose one of themselves, other than the chief executive officer, to preside.

(4) Each question at a meeting shall be determined by a majority of the votes of the members present and voting on the question.

(5) In the case of an equal division of votes, the chairperson or other member presiding at the meeting has a second or casting vote.

(6) As long as there is a quorum, the Board may act despite one or more than one vacancy among its members.

(7) Subject to this Act, the Board shall regulate, by standing orders or otherwise, the procedures and business of the Board.

(8) Non-compliance with a standing order of the Board does not invalidate a decision of the Board.

ISB Act 2004-12-17

Schedule 3 Health Act 2004 Open official source

SCHEDULE 3 Transfer of Functions and References to Functional Areas

Transfer of Functions and References to Functional Areas

Section 59 and 67.

1. Health Acts 1947 to 2001

2. Public Health (Tobacco) Acts 2002 and 2004

3. Mental Health Acts 1945 to 2001

4. Births and Deaths Registration Acts 1863 to 1996

5. Notification of Births Acts 1907 and 1915

6. Marriages (Ireland) Act 1844

7. Registration of Marriages (Ireland) Act 1863

8. Protections for Persons Reporting Child Abuse Act 1998

9. Child Care Acts 1991 and 2001

10. Children Acts 1908 and 1989

11. Poisons Act 1961

12. Registration of Maternity Homes Act 1934

13. Rats and Mice (Destruction) Act 1919

14. Blind Persons Act 1920

15. State Lands (Workhouses) Act 1930

16. State Lands (Workhouses) Act 1962

17. Social Welfare Acts

18. Family Law (Maintenance of Spouses and Children) Act 1976

19. European Communities Act 1972

20. International Carriage of Perishable Foodstuffs Act 1987

21. Domestic Violence Acts 1996 and 2002

22. Refugee Act 1996

23. Children Act 1997

24. Food Safety Authority of Ireland Act 1998

25. Immigration Act 1999

26. Education (Welfare) Act 2000

27. Children Act 2001

28. Protection of the Environment Act 2003

29. Licensing of Indoor Events Act 2003

30. Immigration Act 2003

31. Education for Persons with Special Educational Needs Act 2004

32. Residential Tenancies Act 2004

33. Child Abduction and Enforcement of Custody Orders Act 1991

34. Protection of Children (Hague Convention) Act 2000

35. Nurses Act 1985

36. Dentists Act 1985

37. Medical Practitioners Acts 1978 to 2002

38. National Beef Assurance Scheme Act 2000

39. Irish Medicines Board Act 1995

40. Misuse of Drugs Acts 1977 and 1984

41. Freedom of Information Acts 1997 and 2003

42. Data Protection Acts 1988 and 2003

43. Housing Acts 1966 to 2002

44. Ombudsman Acts 1980 to 1984

45. Ombudsman for Children Act 2002

46. Finance Acts 1989 to 2002

47. Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997

48. Family Law (Miscellaneous Provisions) Act 1997

49. Family Law Act 1995

50. Redundancy Payments Acts 1967 to 2003

51. Protection of Employees (Part-Time Work) Act 2001

52. Protection of Employees (Fixed-Term Work) Act 2003

53. Organisation of Working Time Act 1997

54. Minimum Notice and Terms of Employment Acts 1973 to 2001

55. Unfair Dismissals Acts 1977 to 2001

56. Maternity Protection Act 1994

57. Carer's Leave Act 2001

58. Parental Leave Act 1998

59. Adoptive Leave Act 1995

60. Youth Work Act 2001

61. Local Government Act 2001 59

62. National Development Finance Agency Act 2002

63. Adoption Acts 1952 to 1998

64. Civil Registration Act 2004

65. Any other enactment prescribed by the Minister for the purpose of sections 59 and 67 and paragraph 2 of Schedule 5.

ISB Act 2004-12-17

Schedule 4 Health Act 2004 Open official source

SCHEDULE 4 REPEALS AND REVOCATIONS

REPEALS AND REVOCATIONS

Section 73..

PART 1 Acts Repealed

PART 1

Acts Repealed

Number and Year

Short Title

Extent of Repeal

(1)

(2)

(3)

No. 26 of 1953

Health Act 1953

Section 65.

No. 1 of 1970

Health Act 1970

Sections 4(1), 4(5), 4(6), 5(1)(a)to (c), 6, 11, 13, 14, 15, 16(1) to 16(6), 17(4), 17(5), 18, 19, 20, 21(1), 21(4), 21(5), 22, 23(1) to 23(3), 24, 25, 26, 32(1), 33, 34, 35, 36, 37, 41(1), 41(3) to 41(8), 41(11) to 41(16), 42, 73, 83 and the Second Schedule.

No. 17 of 1991

Child Care Act 1991

Section 72.

No. 8 of 1993

Comptroller and Auditor General (Amendment) Act 1993

Section 6.

No. 32 of 1996

Health (Amendment) (No. 3) Act 1996

Sections 1, 2(1), 2(3), 3, 4(3), 5, 6(1) to 6(3), 6(6), 7(1) to 7(5), 8(1), 8(2), 9(1), 10, 11(1) to 11(4), 13, 14, 15(1), 15(2), 15(4), 15(5), 16, 17(a) to 17(d), 18(a), 18(c), 19, 23, 24 and 25(3).

No. 13 of 1999

Health (Eastern Regional Health Authority) Act 1999

Sections 2 to 8, 10, 12(1) to 12(5), 13, 14, 15(1) to 15(5), 16, 17(1) to 17(4), 17(6) to 17(10), 18 to 22, 24, First Schedule and Second Schedule.

No. 19 of 2004

Health (Amendment) Act 2004

The Whole Act.

PART 2 Orders Revoked

PART 2

Orders Revoked

Number and Year

Short Title

Extent of Revocation

(1)

(2)

(3)

1973 No. 53

Hospital Bodies Administrative Bureau (Establishment) Order 1973

The Whole Order.

1996 No. 213

Health Service Employers Agency (Establishment) Order 1996

The Whole Order.

2004 No. 90

Interim Health Service Executive (Establishment) Order 2004

The Whole Order.

ISB Act 2004-12-17

Schedule 5 Health Act 2004 Open official source

SCHEDULE 5 Savings and Transitional Provisions

Savings and Transitional Provisions

Section 74..

Continuation of authority to perform delegated functions

1. (1) Subject to subparagraph (2), a person who is transferred to the Executive on the establishment day and who immediately before that day had, pursuant to a delegation or subdelegation made or deemed to have been made under an enactment, authority to perform a relevant function continues on and after that day to have authority to perform the function within the area to which it relates as though the function had been delegated or subdelegated under section 19.

(2) Sections 19, 76 and 77 apply, with the necessary modifications, in relation to a delegation or subdelegation continued under subparagraph (1).

(3) Nothing in this Schedule prevents the Executive or an employee of the Executive from performing the functions that immediately before the establishment day were, under any enactment, the functions of a specified body.

(4) In this paragraph—

“relevant function” means a function that—

(a) before the establishment day was a function of a specified body, and

(b) on the establishment day becomes a function of the Executive;

“specified body” has the same meaning as in Part 10.

Continuation of appointments of authorised officers and other officers

2. A person who is transferred to the Executive on the establishment day and who immediately before that day held an appointment to perform functions on behalf of a health board, an Area Health Board or the Eastern Regional Health Authority as—

(a) an authorised officer under—

(i) the Poisons Act 1961,

(ii) the European Communities Act 1972,

(iii) the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act 1978,

(iv) the Tobacco (Health Promotion and Protection) Act 1988,

(v) the Domestic Violence Act 1996,

(vi) the Food Safety Authority of Ireland Act 1998,

(vii) the National Beef Assurance Scheme Act 2000, or

(viii) the Public Health (Tobacco) Acts 2002 and 2004,

(b) a designated officer under the Protection for Persons Reporting Child Abuse Act 1998,

(c) an investigation or appeals officer under the Social Welfare Acts,

(d) a liaison officer under the Education (Welfare) Act 2000,

(e) an inspector under the International Carriage of Perishable Foodstuffs Act 1987,

(f) an authorised person or officer, or a designated person or officer, under the Child Care Acts 1991 and 2001,

(g) a family welfare conference coordinator or a person authorised to perform functions under Part 2 of the Children Act 2001,

(h) an authorised officer or a person authorised to perform functions under the Adoption Acts 1952 to 1998,

(i) an authorised officer or person holding office under the Births and Deaths Registration Acts 1863 to 1996 and the Registration of Marriages (Ireland) Act 1863,

(j) a designated officer or other person authorised to carry out inspections, hear appeals or perform other functions under the Health (Nursing Homes) Act 1990,

(k) a person authorised to perform functions under the Mental Health Acts 1945 to 2001, or

(l) an officer, however described, whose functions under any of the Acts referred to in clauses (a) to (k) or any enactment referred to in Schedule 3 are analogous to those of an officer, inspector, coordinator or other person referred to in any of those clauses,

continues to hold that appointment until it is revoked or amended by the Executive.

Transitional provision relating to inquiries and requests under section 24 of Health Act 1970

3. (1) If, before the repeal of section 24 of the Health Act 1970 by this Act, a committee was appointed under that section to perform functions relating to the proposed removal from office of an officer of a health board, the Eastern Regional Health Authority or an Area Health Board and the committee has not made a recommendation under section 24(5) of that Act before that repeal—

(a) the committee may, until it makes a recommendation, continue to perform its functions in relation to the matter as if section 24 of that Act had not been repealed, and

(b) section 24 of that Act continues to apply in respect of all matters relating to the removal of the officer until those matters are concluded, except that—

(i) the committee shall make its recommendation to the Executive,

(ii) any request made to the Minister under section 24(10) of that Act relating to the committee's recommendation is deemed to be a request to issue a direction to the chief executive officer of the Executive, and

(iii) any direction by the Minister under section 24(11) of that Act relating to the request shall be given to the chief executive officer of the Executive.

(2) If, before the repeal of section 24 of the Health Act 1970 by this Act, a request was made to the Minister under section 24(10) of that Act and the Minister has not given a direction under section 24(11) of that Act before that repeal, section 24 of that Act continues to apply in respect of all matters relating to the request until those matters are concluded, except that the Minister's direction shall be given to the chief executive officer of the Executive.

Continuation of authority to perform functions of medical officers

4. (1) Any function under the Health Acts 1947 to 1953 of a medical officer of health may be performed on and after the establishment day by an appropriately qualified medical practitioner who is an employee of the Executive and is designated in writing by it to perform such function.

(2) Any function under the Health Acts 1947 to 1953 of a chief medical officer may be performed on and after the establishment day by an appropriately qualified medical practitioner who is an employee of the Executive and is designated in writing by it to perform such function.

(3) Any function under an enactment of the Director of Community Care and Medical Officer of Health may be performed on and after the establishment day by an appropriately qualified medical practitioner who is an employee of the Executive and is designated in writing by it to perform such function.

Transitional provisions relating to net expenditure determinations

5. If, before the establishment day, the Minister determines pursuant to the Act of 1996 the maximum amount of net expenditure that may be incurred by the Eastern Regional Health Authority or by a health board in respect of a financial year or other period beginning before but ending after the establishment day the determination ceases to have effect on that day.

Transitional provision relating to option to use existing service plan or plans

6. (1) If, before the establishment day, the Minister has approved a service plan submitted in accordance with the Act of 1996 by—

(a) a health board or the chief executive officer of a health board, or

(b) the Eastern Regional Health Authority or the Regional Chief Executive of that Authority,

in respect of a period beginning before but ending after the establishment day, the Minister may, after consulting the Executive, decide that such service plan or a combination of such service plans constitutes the service plan of the Executive for the remainder of that period.

(2) If the Minister decides in accordance with this paragraph that a service plan submitted and approved before the establishment day or a combination of such plans constitutes the service plan of the Executive for the remainder of the period concerned, the requirements of this Act, and in particular section 31, in relation to the adoption and submission of a service plan by the Executive are fulfilled for that period.

(3) Section 32 (amendment of approved service plan) and section 33 (implementation of approved service plan) apply with the necessary modifications in relation to a service plan of the Executive constituted in accordance with this section.

Transitional provision relating to funding for the year 2005

7. (1) On the establishment day, there shall be established a Vote for the Executive, to be known as the Health Service Executive Vote, which shall be Vote 40.

(2) The Vote shall read “Estimate of the amount required in the year ending 31 December 2005 for the salaries and expenses of the Health Service Executive and certain other services administered by the Executive, including miscellaneous grants”.

(3) For the purpose of establishing a Vote under subparagraph (1), an amount not exceeding €7 billion shall be allocated to the Vote.

(4) This section ceases to have effect on the approval by the Dáil of a financial resolution in respect of the funding of the Executive in 2005.

Transitional provision relating to complaints under Ombudsman for Children Act 2002

8. (1) An action that, before the establishment day, was taken by or on behalf of a health board, an Area Health Board or the Eastern Regional Health Authority and that, but for the dissolution by section 58 of the body that took that action, could have been the subject of an investigation or complaint under the Ombudsman for Children Act 2002 is deemed to have been taken by or on behalf of the Executive.

(2) An action that—

(a) before the establishment day, was taken by—

(i) a voluntary hospital within the meaning of the Health (Eastern Regional Health Authority) Act 1999 in connection with the provision by it of services (within the meaning of that Act) in accordance with an arrangement made under section 10 of that Act with the Eastern Regional Health Authority or an Area Health Board, or

(ii) a specified voluntary hospital in connection with the provision by it of services under the Health Acts 1947 to 2001 for persons eligible for such services in accordance with an arrangement made by it under section 26 of the Health Act 1970 with a health board,

and

(b) but for the dissolution by section 58 of the Eastern Regional Health Authority, the Area Health Board or the health board concerned could have been the subject of an investigation or complaint under the Ombudsman for Children Act 2002,

is deemed to have been taken by the voluntary hospital concerned in accordance with an arrangement under section 38.

(3) In this paragraph, “specified voluntary hospital” means a voluntary hospital that was specified in Schedule 2 of the Ombudsman for Children Act 2002 before the amendment of that Act by section 75 of this Act.

Transitional provision relating to complaints under Ombudsman Act 1980

9. An action that, before the establishment day, was taken by or on behalf of a health board, an Area Health Board or the Eastern Regional Health Authority and that, but for the dissolution by section 58 of the body that took the action, could have been the subject of an investigation or complaint under the Ombudsman Act 1980 is deemed to have been taken by or on behalf of the Executive.

Transitional provision relating to records of dissolved health boards

10. (1) Any right of access, under the Freedom of Information Acts 1997 and 2003, to records that before the establishment day of the Executive were held by a health board, an Area Health Board or the Eastern Regional Health Authority and that are transferred to the Executive under section 65(4) is not affected by the transfer of those records.

(2) For the purpose of section 18 of the Freedom of Information Act 1997, any act done by a health board before the establishment day of the Executive is deemed to have been done by the Executive.

ISB Act 2004-12-17

Schedule 6 Health Act 2004 Open official source

SCHEDULE 6 AMENDMENT OF OTHER ACTS

AMENDMENT OF OTHER ACTS

Section 75.

PART 1 Amendment of Health Act 1947

PART 1

Amendment of Health Act 1947

Item

Provision affected

Amendment

1.

Section 33

In paragraph (b), substitute “medical officer of health for the area” for “district medical officer for the district”.

2.

Section 36

In subsection (1)(c), substitute “medical officer of health for the area” for “district medical officer for the district”.

3.

Section 37

In subsections (1) to (3), substitute “medical officer of health” for “district medical officer” wherever occurring.

4.

Section 78 (as amended by the Health (Amendment) Act 2004)

Substitute the following subsection for subsection (1): “(1) The Health Service Executive may acquire land either— (a) by agreement, subject to any general directions given by the Minister with the consent of the Minister for Finance, or (b) compulsorily under this Part of this Act or the Acts incorporated with this Act.”.

Substitute the following subsection for subsection (1)

“(1) The Health Service Executive may acquire land either—

(a) by agreement, subject to any general directions given by the Minister with the consent of the Minister for Finance, or

(b) compulsorily under this Part of this Act or the Acts incorporated with this Act.”.

5.

Section 89 (as amended by the Health (Amendment) Act 2004)

Substitute the following subsection for subsection (1): “(1) The Health Service Executive may, subject to any general directions given by the Minister with the consent of the Minister for Finance, sell, exchange, let or otherwise dispose of any land vested in it.”.

Substitute the following subsection for subsection (1)

“(1) The Health Service Executive may, subject to any general directions given by the Minister with the consent of the Minister for Finance, sell, exchange, let or otherwise dispose of any land vested in it.”.

PART 2 Amendment of Health Act 1953

PART 2

Amendment of Health Act 1953

Item

Provision affected

Amendment

1.

Section 62

In subsection (1)(b)(ii), substitute “the Health Service Executive” for each reference to “the Minister” and substitute “any board constituted by the Public Appointments Service in accordance with the Public Service Management (Recruitment and Appointments) Act 2004” for “any board constituted by the Local Authorities (Officers and Employers) Act 1926 (No. 39 of 1926)”.

PART 3 Amendment of Health (Corporate Bodies) Act 1961

PART 3

Amendment of Health (Corporate Bodies) Act 1961

Item

Provision inserted

Amendment

1.

Section 3A

Insert the following section after section 3: “3A (1) The Minister may by order establish a body to perform, subject to such modifications as are specified in the order, functions that, immediately before the establishment day, were being performed by a specified body. (2) An establishment order shall include provision for— (a) the transfer, without further conveyance or assignment, of any property, rights and liabilities of the specified body to the body established under this section, (b) the preservation of continuing contracts and commitments made by the specified body, and (c) the continuance of pending legal proceedings. (3) Each person who, immediately before the establishment day of a body established under this section, is an employee of the specified body is, on that day, transferred to and becomes an employee of the body established under this section. (4) Except in accordance with a collective agreement negotiated with a recognised trade union or association of employees, a person transferred under this section is entitled, while in the employment of the body established under this section, to terms and conditions of employment no less favourable than those to which the person was entitled immediately before the establishment day of that body. (5) Until the terms and conditions of employment to which a person transferred under this section was entitled immediately before the establishment day are varied by the body established under this section after consulting and reaching a collective agreement with the recognised trade union or association of the employees concerned, they continue to apply to that person while in the employment of that body. (6) The previous service of a person transferred under this section is to be counted as service for the purposes of, but subject to any exceptions or exclusions in, the following Acts: (a) the Redundancy Payments Acts 1967 to 2003; (b) Adoptive Leave Act 1995; (c) Maternity Protection Act 1994; (d) Protection of Employees (Fixed-Term Work) Act 2003; (e) the Protection of Employees (Part-Time Work) Act 2001; (f) the Organisation of Working Time Act 1997; (g) the Minimum Notice and Terms of Employment Acts 1973 to 2001; (h) the Unfair Dismissals Acts 1977 to 2001; (i) the Carer's Leave Act 2001; (j) the Parental Leave Act 1998. (7) Any superannuation benefits awarded to or in respect of a person transferred under this section and the terms relating to those benefits shall be no less favourable than those applicable to or in respect of that person immediately before the applicable transfer day. (8) A body established under this section shall make payments in respect of remuneration and allowances to its employees out of funds at its disposal. (9) The pension payments and other superannuation liabilities in respect of former employees of the specified body become, on the establishment day, the liability of the body established under this section. (10) In this section— ‘previous service’ means service with the specified body before the establishment day of the body established under this section; ‘recognised trade union or association of employees’ means a trade union or association of employees recognised by the specified body for the purposes of negotiations that are concerned with the terms and conditions of employment and the working conditions of employees; ‘specified body’ means a body that was established under section 11 of the Health Act 1970 and that is specified by the Minister in an establishment order under this section; ‘terms and conditions of employment’ includes terms and conditions in respect of remuneration and tenure of office and related matters.”.

Insert the following section after section 3

“3A (1) The Minister may by order establish a body to perform, subject to such modifications as are specified in the order, functions that, immediately before the establishment day, were being performed by a specified body.

(2) An establishment order shall include provision for—

(a) the transfer, without further conveyance or assignment, of any property, rights and liabilities of the specified body to the body established under this section,

(b) the preservation of continuing contracts and commitments made by the specified body, and

(c) the continuance of pending legal proceedings.

(3) Each person who, immediately before the establishment day of a body established under this section, is an employee of the specified body is, on that day, transferred to and becomes an employee of the body established under this section.

(4) Except in accordance with a collective agreement negotiated with a recognised trade union or association of employees, a person transferred under this section is entitled, while in the employment of the body established under this section, to terms and conditions of employment no less favourable than those to which the person was entitled immediately before the establishment day of that body.

(5) Until the terms and conditions of employment to which a person transferred under this section was entitled immediately before the establishment day are varied by the body established under this section after consulting and reaching a collective agreement with the recognised trade union or association of the employees concerned, they continue to apply to that person while in the employment of that body.

(6) The previous service of a person transferred under this section is to be counted as service for the purposes of, but subject to any exceptions or exclusions in, the following Acts

(a) the Redundancy Payments Acts 1967 to 2003;

(b) Adoptive Leave Act 1995;

(c) Maternity Protection Act 1994;

(d) Protection of Employees (Fixed-Term Work) Act 2003;

(e) the Protection of Employees (Part-Time Work) Act 2001;

(f) the Organisation of Working Time Act 1997;

(g) the Minimum Notice and Terms of Employment Acts 1973 to 2001;

(h) the Unfair Dismissals Acts 1977 to 2001;

(i) the Carer's Leave Act 2001;

(j) the Parental Leave Act 1998.

(7) Any superannuation benefits awarded to or in respect of a person transferred under this section and the terms relating to those benefits shall be no less favourable than those applicable to or in respect of that person immediately before the applicable transfer day.

(8) A body established under this section shall make payments in respect of remuneration and allowances to its employees out of funds at its disposal.

(9) The pension payments and other superannuation liabilities in respect of former employees of the specified body become, on the establishment day, the liability of the body established under this section.

(10) In this section—

‘previous service’ means service with the specified body before the establishment day of the body established under this section;

‘recognised trade union or association of employees’ means a trade union or association of employees recognised by the specified body for the purposes of negotiations that are concerned with the terms and conditions of employment and the working conditions of employees;

‘specified body’ means a body that was established under section 11 of the Health Act 1970 and that is specified by the Minister in an establishment order under this section;

‘terms and conditions of employment’ includes terms and conditions in respect of remuneration and tenure of office and related matters.”.

PART 4 Amendment of Poisons Act 1961

PART 4

Amendment of Poisons Act 1961

Item

Provision affected

Amendment

1.

Section 14

(a) In subsection (3)(j), substitute the following subparagraph for subparagraph (iv): “(iv) by the Health Service Executive and its employees,”. (b) In subsection (3)(k), substitute “and in the case of an employee of the Health Service Executive, a written authorisation of the Executive” for “and in the case of an officer of a health board, a written authorisation of the board”. (c) In subsection (3)(o), substitute “the Health Service Executive” for “health boards”

(a) In subsection (3)(j), substitute the following subparagraph for subparagraph (iv)

“(iv) by the Health Service Executive and its employees,”.

(b) In subsection (3)(k), substitute “and in the case of an employee of the Health Service Executive, a written authorisation of the Executive” for “and in the case of an officer of a health board, a written authorisation of the board”.

(c) In subsection (3)(o), substitute “the Health Service Executive” for “health boards”

PART 5 Amendment of Family Law (Maintenance of Spouses and Children) Act 1976

PART 5

Amendment of Family Law (Maintenance of Spouses and Children) Act 1976

Item

Provision affected

Amendment

1.

Section 16

In subsection (1), substitute “the Health Service Executive” for “a health board”.

PART 6 Amendment of Unfair Dismissals Act 1977

PART 6

Amendment of Unfair Dismissals Act 1977

Item

Provision affected

Amendment

1.

Section 2

In subsection (1) (as amended by the Unfair Dismissals (Amendment) Act 1993), substitute the following paragraphs for paragraph (j): “(j) officers of a vocational committee established by the Vocational Education Act 1930, (k) the chief executive officer of the Health Service Executive for the purposes of section 17 of the Health Act 2004.”.

In subsection (1) (as amended by the Unfair Dismissals (Amendment) Act 1993), substitute the following paragraphs for paragraph (j)

“(j) officers of a vocational committee established by the Vocational Education Act 1930,

(k) the chief executive officer of the Health Service Executive for the purposes of section 17 of the Health Act 2004.”.

PART 7 Amendment of Misuse of Drugs Act 1977

PART 7

Amendment of Misuse of Drugs Act 1977

Item

Provision affected

Amendment

1.

Section 28 (as amended by the Misuse of Drugs Act 1984)

(a) In subsection (1)(a), substitute “the Health Service Executive” for “a health board”. (b) In subsection (1)(b), substitute “the Health Service Executive” for “a health board”. (c) In subsection (2), substitute “the Health Service Executive” for “a health board”. (d) In subsection (11), delete the definition of “health board”.

(a) In subsection (1)(a), substitute “the Health Service Executive” for “a health board”.

(b) In subsection (1)(b), substitute “the Health Service Executive” for “a health board”.

(c) In subsection (2), substitute “the Health Service Executive” for “a health board”.

(d) In subsection (11), delete the definition of “health board”.

PART 8 Amendment of the Ombudsman Act 1980

PART 8

Amendment of the Ombudsman Act 1980

Item

Provision affected

Amendment

1.

First Schedule (as amended by the Ombudsman Act (First Schedule) (Amendment) Order 1984)

Substitute “the Health Service Executive” for “Health boards”, wherever occurring.

2.

Second Schedule (as amended by the Ombudsman Act 1980 (Second Schedule) (Amendment) Order 1985)

Substitute “the Health Service Executive” for “Health boards”.

PART 9 Amendment of Misuse of Drugs Act 1984

PART 9

Amendment of Misuse of Drugs Act 1984

Item

Provision affected

Amendment

1.

Section 8

In subsection (1), substitute “the Health Service Executive” for “a health board”.

PART 10 Amendment of International Carriage Of Perishable Foodstuffs Act 1987

PART 10

Amendment of International Carriage Of Perishable Foodstuffs Act 1987

Item

Provision affected

Amendment

1.

Section 8

(a) In subsection (1), delete “, with the consent of the Minister for Health,”. (b) In subsection (1), substitute “the Health Service Executive” for “a health board”.

(a) In subsection (1), delete “, with the consent of the Minister for Health,”.

(b) In subsection (1), substitute “the Health Service Executive” for “a health board”.

PART 11 Amendment of Housing Act 1988

PART 11

Amendment of Housing Act 1988

Item

Provision affected

Amendment

1.

Section 9

In subsection (4), substitute the following paragraph for paragraph (b): “(b) the Health Service Executive, and”.

In subsection (4), substitute the following paragraph for paragraph (b)

“(b) the Health Service Executive, and”.

2.

Section 11

Substitute the following subsection for subsection (4): “(4) A scheme made under this section may provide that the housing authority shall obtain and have regard to a report from a medical practitioner employed by the Health Service Executive in the making of lettings of dwellings where priority is claimed on grounds consisting of, or including, medical grounds.”.

Substitute the following subsection for subsection (4)

“(4) A scheme made under this section may provide that the housing authority shall obtain and have regard to a report from a medical practitioner employed by the Health Service Executive in the making of lettings of dwellings where priority is claimed on grounds consisting of, or including, medical grounds.”.

PART 12 Amendment of Child Abduction and Enforcement of Custody Orders Act 1991

PART 12

Amendment of Child Abduction and Enforcement of Custody Orders Act 1991

Item

Provision affected

Amendment

1.

Section 2

Delete the definition of “health board”.

2.

Section 14

Substitute “the Health Service Executive” for “a health board”.

3.

Section 30

Substitute “the Health Service Executive” for “a health board”.

4.

Section 37

(a) Substitute the following subsection for subsection (2): “(2) Where a child is detained under this section a member of the Garda Síochána shall as soon as possible— (a) return the child to the custody of a person (not being the Health Service Executive) in favour of whom a court has made an order referred to in subsection (1) of this section unless the member has reasonable grounds for believing that such person will act in breach of such order, or (b) where the child has been in the care of the Health Service Executive, return the child to it, or (c) in a case other than one to which paragraph (a) or (b) of this subsection applies, or where the member is of the belief referred to in the said paragraph (a), deliver the child into the care of the Health Service Executive.”. (b) In subsections (3) to (5), substitute “the Health Service Executive” for “a health board”, wherever occurring. (c) In subsections (3) to (5), substitute “the Health Service Executive” for “the health board”, wherever occurring.

(a) Substitute the following subsection for subsection (2)

“(2) Where a child is detained under this section a member of the Garda Síochána shall as soon as possible—

(a) return the child to the custody of a person (not being the Health Service Executive) in favour of whom a court has made an order referred to in subsection (1) of this section unless the member has reasonable grounds for believing that such person will act in breach of such order, or

(b) where the child has been in the care of the Health Service Executive, return the child to it, or

(c) in a case other than one to which paragraph (a) or (b) of this subsection applies, or where the member is of the belief referred to in the said paragraph (a), deliver the child into the care of the Health Service Executive.”.

(b) In subsections (3) to (5), substitute “the Health Service Executive” for “a health board”, wherever occurring.

(c) In subsections (3) to (5), substitute “the Health Service Executive” for “the health board”, wherever occurring.

PART 13 Amendment of Family Law Act 1995

PART 13

Amendment of Family Law Act 1995

Item

Provision affected

Amendment

1.

Section 47

(a) In subsection (1), substitute the following paragraph for paragraph (b): “(b) such person nominated by the Health Service Executive specified in the order as the Health Service Executive may nominate, being a person who in its opinion is suitably qualified for the purpose, or”. (b) Delete subsection (7).

(a) In subsection (1), substitute the following paragraph for paragraph (b)

“(b) such person nominated by the Health Service Executive specified in the order as the Health Service Executive may nominate, being a person who in its opinion is suitably qualified for the purpose, or”.

(b) Delete subsection (7).

PART 14 Amendment of Domestic Violence Act 1996

PART 14

Amendment of Domestic Violence Act 1996

Item

Provision affected

Amendment

1.

Section 1

In subsection (1), delete the definition of “health board”.

2.

Section 2

(a) In subsection (1)(a), substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring. (b) In subsection (3), substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring.

(a) In subsection (1)(a), substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring.

(b) In subsection (3), substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring.

3.

Section 3

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring. (b) In subsection (6), substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring.

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring.

(b) In subsection (6), substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring.

4.

Section 5

In subsection (2), substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring.

5.

Section 6

(a) In subsection (1), substitute “the Health Service Executive” for “a health board”. (b) In subsection (2), substitute “the Health Service Executive” for “a health board”. (c) In subsection (3), substitute “the Health Service Executive” for “a health board”. (d) In subsection (5), substitute “the Health Service Executive” for “the health board”. (e) Delete subsection (6).

(a) In subsection (1), substitute “the Health Service Executive” for “a health board”.

(b) In subsection (2), substitute “the Health Service Executive” for “a health board”.

(c) In subsection (3), substitute “the Health Service Executive” for “a health board”.

(d) In subsection (5), substitute “the Health Service Executive” for “the health board”.

(e) Delete subsection (6).

6.

Section 7

(a) In subsection (1), substitute “the Health Service Executive” for “the health board for the area in which such dependent person resides or is for the time being”. (b) In subsection (2), substitute “the Health Service Executive” for “the health board concerned”. (c) In subsection (3), substitute “the Health Service Executive” for “the health board concerned”. (d) In subsection (4), substitute “the Health Service Executive” for “a health board”.

(a) In subsection (1), substitute “the Health Service Executive” for “the health board for the area in which such dependent person resides or is for the time being”.

(b) In subsection (2), substitute “the Health Service Executive” for “the health board concerned”.

(c) In subsection (3), substitute “the Health Service Executive” for “the health board concerned”.

(d) In subsection (4), substitute “the Health Service Executive” for “a health board”.

7.

Section 11

(a) In subsection (3), substitute “the Health Service Executive” for “the health board” and “a health board” wherever occurring. (b) In subsection (2), substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring. (c) In subsection (3), substitute “the Health Service Executive” for “the health board for the area in which the person resides”.

(a) In subsection (3), substitute “the Health Service Executive” for “the health board” and “a health board” wherever occurring.

(b) In subsection (2), substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring.

(c) In subsection (3), substitute “the Health Service Executive” for “the health board for the area in which the person resides”.

8.

Section 13

Substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring.

PART 15 Amendment of Refugee Act 1996

PART 15

Amendment of Refugee Act 1996

Item

Provision affected

Amendment

1.

Section 8

(a) In subsection (5)(a) (as amended by section 11 of the Immigration Act 1999), substitute “Health Service Executive” for “health board in whose functional area the child is”. (b) In subsection (5), substitute the following paragraph for paragraph (b): “(b) Where it appears to the Health Service Executive, on the basis of information available to it, that an application for a declaration should be made by or on behalf of a child referred to in paragraph (a), the Health Service Executive shall arrange for the appointment of an employee of the Health Service Executive or such other person as it may determine to make an application on behalf of the child.”. (c) In subsection (5)(c), substitute “Health Service Executive” for “health board concerned.”. (d) In subsection (5), delete paragraph (d).

(a) In subsection (5)(a) (as amended by section 11 of the Immigration Act 1999), substitute “Health Service Executive” for “health board in whose functional area the child is”.

(b) In subsection (5), substitute the following paragraph for paragraph (b)

“(b) Where it appears to the Health Service Executive, on the basis of information available to it, that an application for a declaration should be made by or on behalf of a child referred to in paragraph (a), the Health Service Executive shall arrange for the appointment of an employee of the Health Service Executive or such other person as it may determine to make an application on behalf of the child.”.

(c) In subsection (5)(c), substitute “Health Service Executive” for “health board concerned.”.

(d) In subsection (5), delete paragraph (d).

2.

Section 9

In subsection (12), substitute the following paragraph for paragraph (c): “(c) Where an unmarried child under the age of 18 years is in the custody of any person (whether a parent or a person acting in loco parentis or any other person) and such person is detained pursuant to the provisions of this section, the immigration officer or the member of the Garda Síochána concerned shall, without delay, notify the Health Service Executive of the detention and of the circumstances thereof.”.

In subsection (12), substitute the following paragraph for paragraph (c)

“(c) Where an unmarried child under the age of 18 years is in the custody of any person (whether a parent or a person acting in loco parentis or any other person) and such person is detained pursuant to the provisions of this section, the immigration officer or the member of the Garda Síochána concerned shall, without delay, notify the Health Service Executive of the detention and of the circumstances thereof.”.

3.

Section 9A (as amended by section 7 of the Immigration Act 2003)

In subsection (2), substitute the following paragraph for paragraph (b): “(b) an employee of the Health Service Executive or other person appointed by the Health Service Executive under section 8(5)(b).”.

In subsection (2), substitute the following paragraph for paragraph (b)

“(b) an employee of the Health Service Executive or other person appointed by the Health Service Executive under section 8(5)(b).”.

PART 16 Amendment of Housing (Miscellaneous Provisions) Act 1997

PART 16

Amendment of Housing (Miscellaneous Provisions) Act 1997

Item

Provision affected

Amendment

1.

Section 3 (as amended by section 197 of the Residential Tenancies Act 2004)

In subsection (2), substitute the following paragraph for paragraph (a): “(a) having consulted the tenant or the relevant purchaser and the Health Service Executive, believe that the tenant or relevant purchaser— (i) may be deterred or prevented by violence, threat, or fear from pursuing an application for an exclusion order, or (ii) does not intend, for whatever other reason, to make such an application, and”.

In subsection (2), substitute the following paragraph for paragraph (a)

“(a) having consulted the tenant or the relevant purchaser and the Health Service Executive, believe that the tenant or relevant purchaser—

(i) may be deterred or prevented by violence, threat, or fear from pursuing an application for an exclusion order, or

(ii) does not intend, for whatever other reason, to make such an application, and”.

2.

Section 3A (as amended by section 197 of the Residential Tenancies Act 2004)

In subsection (2), substitute the following paragraph for paragraph (a): “(a) having consulted the authorised person concerned and the Health Service Executive believe that such authorised person— (i) may be deterred or prevented by violence, threat or fear from pursuing an application for a site excluding order, or (ii) does not intend, for whatever other reason, to make such an application, and”.

In subsection (2), substitute the following paragraph for paragraph (a)

“(a) having consulted the authorised person concerned and the Health Service Executive believe that such authorised person—

(i) may be deterred or prevented by violence, threat or fear from pursuing an application for a site excluding order, or

(ii) does not intend, for whatever other reason, to make such an application,

and”.

3.

Section 7

In subsection (1), substitute the following paragraphs for paragraphs (c) and (d): “(c) the housing authority in whose functional area the house in respect of which the application for the order was made is situate, (d) the Health Service Executive, and (e) the member of the Garda Síochána in charge of the Garda Síochána station for the area in which the house in relation to which the application for the order was made is situate.”.

In subsection (1), substitute the following paragraphs for paragraphs (c) and (d)

“(c) the housing authority in whose functional area the house in respect of which the application for the order was made is situate,

(d) the Health Service Executive, and

(e) the member of the Garda Síochána in charge of the Garda Síochána station for the area in which the house in relation to which the application for the order was made is situate.”.

PART 17 Amendment of Housing (Traveller Accommodation) Act 1998

PART 17

Amendment of Housing (Traveller Accommodation) Act 1998

Item

Provision affected

Amendment

1.

Section 8

Substitute the following paragraph for paragraph (c): “(c) the Health Service Executive,”.

Substitute the following paragraph for paragraph (c)

“(c) the Health Service Executive,”.

PART 18 Amendment of Immigration Act 1999

PART 18

Amendment of Immigration Act 1999

Item

Provision affected

Amendment

1.

Section 5

In subsection (4)(c), substitute “Health Service Executive” for “health board for the area in which the person is being detained”.

PART 19 Amendment of National Beef Assurance Scheme Act 2000

Amendment of National Beef Assurance Scheme Act 2000

Item

Provision affected

Amendment

1.

Section 2

In the definition of “authorised officer”, substitute the following paragraph for paragraph (c): “(c) an employee of the Health Service Executive authorised in writing by the chief executive officer of the Health Service Executive to be an authorised officer for the purposes of section 6(1)(d) and (2);”.

In the definition of “authorised officer”, substitute the following paragraph for paragraph (c)

“(c) an employee of the Health Service Executive authorised in writing by the chief executive officer of the Health Service Executive to be an authorised officer for the purposes of section 6(1)(d) and (2);”.

2.

Section 29

Substitute the following subsection for subsection (2): “(2) The Health Service Executive may appoint such and so many persons as it considers necessary to be authorised officers for the purpose of the implementation of section 6(1)(d) and (2).”.

Substitute the following subsection for subsection (2)

“(2) The Health Service Executive may appoint such and so many persons as it considers necessary to be authorised officers for the purpose of the implementation of section 6(1)(d) and (2).”.

PART 20 Amendment of Sex Offenders Act 2001

PART 20

Amendment of Sex Offenders Act 2001

Item

Provision affected

Amendment

1.

Section 25

In subsection (1), in the definition of “state work or a service”, substitute the following paragraphs for paragraph (d): “(d) is an officer or servant of a harbour authority or vocational education committee, or (e) is an employee of the Health Service Executive.”.

In subsection (1), in the definition of “state work or a service”, substitute the following paragraphs for paragraph (d)

“(d) is an officer or servant of a harbour authority or vocational education committee, or

(e) is an employee of the Health Service Executive.”.

PART 21 Amendment of Local Government Act 2001

PART 21

Amendment of Local Government Act 2001

Item

Provision affected

Amendment

1.

Section 2

In subsection (1), in the definition of “public authority”, substitute the following paragraph for paragraph (d): “(d) the Health Service Executive established under section 6 of the Health Act 2004;”.

In subsection (1), in the definition of “public authority”, substitute the following paragraph for paragraph (d)

“(d) the Health Service Executive established under section 6 of the Health Act 2004;”.

2.

Section 13

In subsection (1), insert the following subparagraph after subparagraph (i): “(ii) is a person employed by the Health Service Executive and is at a grade or of a description of employment designated by order of the Minister for Health and Children, or”.

In subsection (1), insert the following subparagraph after subparagraph (i)

“(ii) is a person employed by the Health Service Executive and is at a grade or of a description of employment designated by order of the Minister for Health and Children, or”.

3.

Section 85

Substitute the following subsection for subsection (7): “(7) This section is without prejudice to section 8 of the Health Act 2004 and an agreement may not be entered into under this section in any case in which an agreement could be entered into under that section.”.

Substitute the following subsection for subsection (7)

“(7) This section is without prejudice to section 8 of the Health Act 2004 and an agreement may not be entered into under this section in any case in which an agreement could be entered into under that section.”.

4.

Section 220

In subsection (1) in the definition of “linked body” (as amended by the Health (Amendment) Act 2004) insert “a Regional Health Forum established under the Health Act 2004,” after “means”.

PART 22 Amendment of Public Health (Tobacco) Act 2002

PART 22

Amendment of Public Health (Tobacco) Act 2002

Item

Provision affected

Amendment

1.

Section 2 (as amended by section 2 of the Public Health (Tobacco) (Amendment) Act 2004)

In subsection (1), delete the definition of “health board”.

2.

Section 6

(a) Substitute the following subsection for subsection (2): “(2) Summary proceedings for an offence under this Act may be brought and prosecuted by the Health Service Executive.”. (b) In subsection (3), substitute “the Health Service Executive,” for “the health board concerned,”.

(a) Substitute the following subsection for subsection (2)

“(2) Summary proceedings for an offence under this Act may be brought and prosecuted by the Health Service Executive.”.

(b) In subsection (3), substitute “the Health Service Executive,” for “the health board concerned,”.

3.

Section 10

In subsection (1)(h), substitute “the Health Service Executive” for “health boards” and “the health boards”.

4.

Section 47 (as amended by section 16 of the Public Health (Tobacco) (Amendment) Act 2004)

In subsection (7), substitute the following definition for the definition of “health premises”: “ ‘health premises’ means any hospital, sanatorium, home, laboratory, clinic, health care centre or similar premises required for the provision of services under the Health Acts 1947 to 2004, provided and maintained by the Health Service Executive;”.

In subsection (7), substitute the following definition for the definition of “health premises”

“ ‘health premises’ means any hospital, sanatorium, home, laboratory, clinic, health care centre or similar premises required for the provision of services under the Health Acts 1947 to 2004, provided and maintained by the Health Service Executive;”.

5.

Section 48

(a) Substitute the following subsection for subsection (2): “(2) The Health Service Executive shall appoint such one or more persons, as it considers appropriate, to be an authorised officer or authorised officers for the purposes of this Act.”. (b) In subsection (3)(b), substitute “Health Service Executive,” for “health board concerned,”.

(a) Substitute the following subsection for subsection (2)

“(2) The Health Service Executive shall appoint such one or more persons, as it considers appropriate, to be an authorised officer or authorised officers for the purposes of this Act.”.

(b) In subsection (3)(b), substitute “Health Service Executive,” for “health board concerned,”.

6.

Section 49

In subsection (2), substitute “the Health Service Executive” for “a health board” and “the health board”.

7.

Section 51

In subsection (3)(b), substitute “the Health Service Executive” for “the health board” and “the health board concerned”.

PART 23 Amendment of Ombudsman for Children Act 2002

Amendment of Ombudsman for Children Act 2002

Item

Provision affected

Amendment

1.

Section 2

(a) In subsection (1), delete the definition of “health board”. (b) In subsection (1), substitute the following definition for the definition of “voluntary hospital”: “ ‘voluntary hospital’ means a hospital which is substantially funded by means of an arrangement with the Health Service Executive under section 38 of the Health Act 2004 and the governing body of which is not the Health Service Executive or a committee of it.”.

(a) In subsection (1), delete the definition of “health board”.

(b) In subsection (1), substitute the following definition for the definition of “voluntary hospital”

“ ‘voluntary hospital’ means a hospital which is substantially funded by means of an arrangement with the Health Service Executive under section 38 of the Health Act 2004 and the governing body of which is not the Health Service Executive or a committee of it.”.

2.

Section 9

(a) In subsection (1)(a), insert “or” after “the Act of 1988,”. (b) In subsection (1), substitute the following paragraph for paragraphs (b) and (c): “(b) a voluntary hospital in connection with the provision by it of health and personal social services within the meaning of the Health Act 2004 in accordance with an arrangement made by it under section 38 of that Act with the Health Service Executive,”. (c) Delete subsection (4).

(a) In subsection (1)(a), insert “or” after “the Act of 1988,”.

(b) In subsection (1), substitute the following paragraph for paragraphs (b) and (c)

“(b) a voluntary hospital in connection with the provision by it of health and personal social services within the meaning of the Health Act 2004 in accordance with an arrangement made by it under section 38 of that Act with the Health Service Executive,”.

(c) Delete subsection (4).

3.

Section 13

In subsection (2)(b), substitute the following subparagraph for subparagraph (iii): “(iii) where the investigation relates to an action taken by or on behalf of a voluntary hospital, to the Health Service Executive,”.

In subsection (2)(b), substitute the following subparagraph for subparagraph (iii)

“(iii) where the investigation relates to an action taken by or on behalf of a voluntary hospital, to the Health Service Executive,”.

4.

Schedule 1

(a) In Part 1(4), substitute “The Health Service Executive.” for “a health board.”. (b) In Part 2, substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring.

(a) In Part 1(4), substitute “The Health Service Executive.” for “a health board.”.

(b) In Part 2, substitute “the Health Service Executive” for “a health board” and “the health board” wherever occurring.

PART 24 Amendment of Licensing of Indoor Events Act 2003

Amendment of Licensing of Indoor Events Act 2003

Item

Provision affected

Amendment

1.

Section 1

Delete the definition of “health board”.

2.

Section 13

Substitute the following subsection for subsection (1): “13.—(1) No action or other proceeding shall lie or be maintainable against— (a) the Minister or a fire authority or any officer of or person employed by the fire authority, (b) the Health Service Executive or any person employed by the Health Service Executive, (c) any person engaged by a fire authority or the Health Service Executive, (d) a member of the Garda Síochána, or (e) an authorised officer, for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure to exercise any function conferred or imposed on the fire authority or the Health Service Executive by or under this Act.”.

Substitute the following subsection for subsection (1)

“13.—(1) No action or other proceeding shall lie or be maintainable against—

(a) the Minister or a fire authority or any officer of or person employed by the fire authority,

(b) the Health Service Executive or any person employed by the Health Service Executive,

(c) any person engaged by a fire authority or the Health Service Executive,

(d) a member of the Garda Síochána, or

(e) an authorised officer,

for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure to exercise any function conferred or imposed on the fire authority or the Health Service Executive by or under this Act.”.

3.

Section 21

Substitute the following subsection for subsection (1): “(1) A fire authority may appoint in writing such and so many persons to be authorised officers for the purposes of Part 1 or 2 and without prejudice to the generality of the foregoing such persons may include a person who is employed by the Health Service Executive.”.

Substitute the following subsection for subsection (1)

“(1) A fire authority may appoint in writing such and so many persons to be authorised officers for the purposes of Part 1 or 2 and without prejudice to the generality of the foregoing such persons may include a person who is employed by the Health Service Executive.”.

PART 25 Amendment of Immigration Act 2003

PART 25

Amendment of Immigration Act 2003

Item

Provision affected

Amendment

1.

Section 5

In subsection (2)(d), substitute “Health Service Executive” for “health board for the area in which the person is being detained”.

2.

Section 8

In subsection (4), substitute “the Health Service Executive,” for “a health board,”.

PART 26 Amendment of Civil Registration Act 2004

Amendment of Civil Registration Act 2004

Item

Provision affected

Amendment

1.

Section 2

(a) Delete the definition of “authority”. (b) Insert the following definition: ” ‘Executive’ means the Health Service Executive;”. (c) Delete the definition of “health board”. (d) Insert the following definition: “ ‘registration area’ shall be construed in accordance with section 15(1) and (2A);”. (e) Substitute the following for the definition of “scheme”: “ ‘scheme’ means a scheme approved under section 14;”.

(a) Delete the definition of “authority”.

(b) Insert the following definition

” ‘Executive’ means the Health Service Executive;”.

(c) Delete the definition of “health board”.

(d) Insert the following definition

“ ‘registration area’ shall be construed in accordance with section 15(1) and (2A);”.

(e) Substitute the following for the definition of “scheme”

“ ‘scheme’ means a scheme approved under section 14;”.

2.

Section 14

(a) Substitute the following subsection for subsection (1): “(1) As soon as may be after the appointment of the first Superintendent Registrar of a registration area, he or she shall prepare a scheme in writing for the administration of the Civil Registration Service in that area and shall, after it has been approved by the Executive, submit the scheme to the Minister.”. (b) In subsection (3)(a), substitute “of the registration area concerned” for “of the authority concerned”. (c) In subsections (3)(b) and (4), substitute “the Executive” for “the authority concerned”. (d) In subsection (5), substitute “the Executive” for “the authority”. (e) In subsection (6), substitute “the Executive” for “the relevant authority”. (f) Substitute the following subsection for subsection (7): “(7) Without prejudice to the generality of subsection (1), a scheme shall specify in relation to a registration area— (a) the number of registrars required for the purpose of the performance of the Executive's functions within that area, (b) the number of other employees required for that purpose, (c) the locations within that area of the offices of the Executive, (d) the proposed functions of, and distribution of functions between, the registrars and employees assigned pursuant to the scheme, (e) particulars of the proposed conditions of employment of the registrars and employees assigned pursuant to the scheme, and (f) particulars or provisions in relation to any other matter standing specified for the time being by the Minister.”. (g) In subsection (8), substitute “the Executive in relation to the registration area concerned” for “the authority concerned”.

(a) Substitute the following subsection for subsection (1)

“(1) As soon as may be after the appointment of the first Superintendent Registrar of a registration area, he or she shall prepare a scheme in writing for the administration of the Civil Registration Service in that area and shall, after it has been approved by the Executive, submit the scheme to the Minister.”.

(b) In subsection (3)(a), substitute “of the registration area concerned” for “of the authority concerned”.

(c) In subsections (3)(b) and (4), substitute “the Executive” for “the authority concerned”.

(d) In subsection (5), substitute “the Executive” for “the authority”.

(e) In subsection (6), substitute “the Executive” for “the relevant authority”.

(f) Substitute the following subsection for subsection (7)

“(7) Without prejudice to the generality of subsection (1), a scheme shall specify in relation to a registration area—

(a) the number of registrars required for the purpose of the performance of the Executive's functions within that area,

(b) the number of other employees required for that purpose,

(c) the locations within that area of the offices of the Executive,

(d) the proposed functions of, and distribution of functions between, the registrars and employees assigned pursuant to the scheme,

(e) particulars of the proposed conditions of employment of the registrars and employees assigned pursuant to the scheme, and

(f) particulars or provisions in relation to any other matter standing specified for the time being by the Minister.”.

(g) In subsection (8), substitute “the Executive in relation to the registration area concerned” for “the authority concerned”.

3.

Section 15

(a) Substitute the following subsections for subsections (1) and (2): “(1) Each functional area of the Health Service Executive shall, subject to subsection (2A), be a registration area for the purposes of this Act. (2) After consulting with an tArd Chláraitheoir, the Executive shall assign a name to each registration area. (2A) The Executive may, with the consent of an tArd Chláraitheoir, redefine for the purposes of this Act the boundaries of any of its functional areas, and, if it does so, that functional area as redefined shall be a registration area for those purposes.”. (b) Substitute the following for subsection (3): “(3) Under the overall management, control and supervision of an tArd Chláraitheoir, the Executive shall, in accordance with the provisions of the relevant scheme, manage, control and administer, through the Superintendent Registrar of each registration area, the Civil Registration Service in that area and perform in the area the other functions conferred on it by or under this Act.”. (c) In subsection (4)— (i) substitute “the Executive” for “an authority” wherever occurring, (ii) delete “its expenditure on and”, and (iii) substitute “a registration area” for “its functional area”. (d) Substitute the following for subsection (5): “(5) The Executive shall, in each year beginning with the year 2005, prepare an estimate in writing of its income and expenditure in the next following year in respect of each registration area and shall submit a copy of it to an tArd Chláraitheoir.”.

(a) Substitute the following subsections for subsections (1) and (2)

“(1) Each functional area of the Health Service Executive shall, subject to subsection (2A), be a registration area for the purposes of this Act.

(2) After consulting with an tArd Chláraitheoir, the Executive shall assign a name to each registration area.

(2A) The Executive may, with the consent of an tArd Chláraitheoir, redefine for the purposes of this Act the boundaries of any of its functional areas, and, if it does so, that functional area as redefined shall be a registration area for those purposes.”.

(b) Substitute the following for subsection (3)

“(3) Under the overall management, control and supervision of an tArd Chláraitheoir, the Executive shall, in accordance with the provisions of the relevant scheme, manage, control and administer, through the Superintendent Registrar of each registration area, the Civil Registration Service in that area and perform in the area the other functions conferred on it by or under this Act.”.

(c) In subsection (4)—

(i) substitute “the Executive” for “an authority” wherever occurring,

(ii) delete “its expenditure on and”, and

(iii) substitute “a registration area” for “its functional area”.

(d) Substitute the following for subsection (5)

“(5) The Executive shall, in each year beginning with the year 2005, prepare an estimate in writing of its income and expenditure in the next following year in respect of each registration area and shall submit a copy of it to an tArd Chláraitheoir.”.

4.

Section 16

(a) Delete subsection (1). (b) In subsection (2), substitute “Accounts of the Executive relating to each scheme” for “Accounts of an authority”. (c) Delete subsection (3).

(a) Delete subsection (1).

(b) In subsection (2), substitute “Accounts of the Executive relating to each scheme” for “Accounts of an authority”.

(c) Delete subsection (3).

5.

Section 17

(a) Substitute the following subsections for subsections (1) to (3): “(1) Subject to the provisions of this section, the Executive, after consulting with an tArd Chláraitheoir, shall— (a) appoint, in respect of each registration area, an employee of the Executive as the chief officer of that area to be known as the Superintendent Registrar, (b) appoint such number of employees of the Executive as registrars of births, stillbirths, deaths and marriages and assign them to each registration area, and (c) assign such number of other employees to each registration area, as it considers necessary for the performance of its functions. (2) The appointment and assignment of a registrar under paragraph (b) and the assignment of an employee under paragraph (c) of subsection (1) to a registration area shall be in accordance with the scheme relating to the area. (3) The Superintendent Registrar of a registration area shall manage, control and administer the Civil Registration Service on behalf of and subject to the control and direction of the Executive in that area and shall perform such other functions in relation to the Civil Registration Service as may from time to time be specified in writing to him or her by the Executive.”. (b) In subsection (4), substitute “in the registration area to which he or she is assigned” for “in the functional area of the authority by which he or she was appointed” and substitute “a scheme relating to that area” for “a scheme made by the authority by which he or she was appointed”. (c) In subsection (5), substitute “the registration area to which the registrar or officer is assigned” for “the authority by which the registrar or officer was appointed”. (d) Substitute the following subsection for subsection (6): “(6) A Superintendent Registrar of a registration area may give a direction to a registrar or authorised officer assigned to that area.”. (e) In subsection (8), substitute “the Executive” for “the authority concerned”. (f) Substitute the following subsection for subsection (9): “(9) A person holding office under this section (including a Superintendent Registrar and a registrar) may be removed from office by the Executive if, in its opinion, the person is incapable by reason of ill health of performing the functions of the office or has committed stated misbehaviour or his or her removal from office appears to the Executive to be necessary for the effective performance of the functions of the office.”. (g) In subsection (10), substitute the following paragraph for paragraph (a): “(a) The Executive may appoint any of its employees to be authorised officers either, as may be specified in the instrument of appointment, for the purposes of this Act or for the purposes of specified provisions of this Act and shall assign such officers to a registration area.”.

(a) Substitute the following subsections for subsections (1) to (3)

“(1) Subject to the provisions of this section, the Executive, after consulting with an tArd Chláraitheoir, shall—

(a) appoint, in respect of each registration area, an employee of the Executive as the chief officer of that area to be known as the Superintendent Registrar,

(b) appoint such number of employees of the Executive as registrars of births, stillbirths, deaths and marriages and assign them to each registration area, and

(c) assign such number of other employees to each registration area,

as it considers necessary for the performance of its functions.

(2) The appointment and assignment of a registrar under paragraph (b) and the assignment of an employee under paragraph (c) of subsection (1) to a registration area shall be in accordance with the scheme relating to the area.

(3) The Superintendent Registrar of a registration area shall manage, control and administer the Civil Registration Service on behalf of and subject to the control and direction of the Executive in that area and shall perform such other functions in relation to the Civil Registration Service as may from time to time be specified in writing to him or her by the Executive.”.

(b) In subsection (4), substitute “in the registration area to which he or she is assigned” for “in the functional area of the authority by which he or she was appointed” and substitute “a scheme relating to that area” for “a scheme made by the authority by which he or she was appointed”.

(c) In subsection (5), substitute “the registration area to which the registrar or officer is assigned” for “the authority by which the registrar or officer was appointed”.

(d) Substitute the following subsection for subsection (6)

“(6) A Superintendent Registrar of a registration area may give a direction to a registrar or authorised officer assigned to that area.”.

(e) In subsection (8), substitute “the Executive” for “the authority concerned”.

(f) Substitute the following subsection for subsection (9)

“(9) A person holding office under this section (including a Superintendent Registrar and a registrar) may be removed from office by the Executive if, in its opinion, the person is incapable by reason of ill health of performing the functions of the office or has committed stated misbehaviour or his or her removal from office appears to the Executive to be necessary for the effective performance of the functions of the office.”.

(g) In subsection (10), substitute the following paragraph for paragraph (a)

“(a) The Executive may appoint any of its employees to be authorised officers either, as may be specified in the instrument of appointment, for the purposes of this Act or for the purposes of specified provisions of this Act and shall assign such officers to a registration area.”.

6.

Section 19

(a) In subsection (3)— (i) substitute “the Superintendent Registrar in whose registration area” for “the authority in whose functional area” and substitute “the Superintendent Registrar may” for “the authority may”, and (ii) substitute the following paragraph for paragraph (a): “(a) to attend before a registrar in that registration area, at the office of the registrar or such other (if any) convenient place as may be specified by the Superintendent Registrar on or before a day so specified (not being less than 7 days from the date of the notice nor more than 12 months from the date of the birth),”. (b) In subsection (5), substitute “in whose registration area” for “of the authority in whose functional area”.

(a) In subsection (3)—

(i) substitute “the Superintendent Registrar in whose registration area” for “the authority in whose functional area” and substitute “the Superintendent Registrar may” for “the authority may”, and

(ii) substitute the following paragraph for paragraph (a)

“(a) to attend before a registrar in that registration area, at the office of the registrar or such other (if any) convenient place as may be specified by the Superintendent Registrar on or before a day so specified (not being less than 7 days from the date of the notice nor more than 12 months from the date of the birth),”.

(b) In subsection (5), substitute “in whose registration area” for “of the authority in whose functional area”.

7.

Section 20

In subsection (1), substitute “of the registration area to which the registrar is assigned” for “of the authority by which he or she was appointed”.

8.

Section 23

In subsection (2), substitute “of the registration area to which the registrar is assigned” for “of the authority by which the registrar is employed”.

9.

Section 24

In subsection (3), substitute “of the registration area to which the registrar is assigned” for “of the authority by which the registrar is employed”.

10.

Section 28

(a) In subsection (4), substitute “Superintendent Registrar in whose registration area” for “the authority in whose functional area” and substitute “in that registration area” for “of the authority”. (b) In subsection (7), substitute “registration area” for “functional area of the authority”.

(a) In subsection (4), substitute “Superintendent Registrar in whose registration area” for “the authority in whose functional area” and substitute “in that registration area” for “of the authority”.

(b) In subsection (7), substitute “registration area” for “functional area of the authority”.

11.

Section 29

Substitute “registration area” for “authority”.

12.

Section 30

In subsections (1) and (2), substitute “Superintendent Registrar in whose registration area” for “authority in whose functional area”.

13.

Section 37

(a) In subsection (2), substitute “Superintendent Registrar in whose registration area” for “authority in whose functional area”. (b) In subsection (2)(a), substitute “that registration area or in the registration area” for “that functional area or in the functional area of the authority”.

(a) In subsection (2), substitute “Superintendent Registrar in whose registration area” for “authority in whose functional area”.

(b) In subsection (2)(a), substitute “that registration area or in the registration area” for “that functional area or in the functional area of the authority”.

14.

Section 40

In subsection (1), substitute “of the registration area to which the registrar is assigned” for “of the authority by which the registrar is employed”.

15.

Section 41

In subsection (4), substitute “registration area” for “functional area of the authority”.

16.

Section 43

In subsections (1) and (2), substitute “registration area” for “functional area of the authority”.

17.

Section 45

In the definition of “body” substitute “the Executive” for “an authority”.

18.

Section 52

(a) In subsection (1), substitute “the Executive” for “the authority by which the registrar is employed” and for “that authority”. (b) In subsection (2)(a), substitute “the Executive” for “the authority by whom the registrar is employed”. (c) In subsection (2)(b), substitute “the Executive” for “the authority by which he or she is employed”.

(a) In subsection (1), substitute “the Executive” for “the authority by which the registrar is employed” and for “that authority”.

(b) In subsection (2)(a), substitute “the Executive” for “the authority by whom the registrar is employed”.

(c) In subsection (2)(b), substitute “the Executive” for “the authority by which he or she is employed”.

19.

Section 53

In subsection (4)(a), substitute “the Executive” for “an authority”.

20.

Section 54

In subsection (2), substitute the following paragraph for paragraph (a): “(a) in case the body is the Executive, for the registration of a registrar named in the application who is employed by the Executive and is aged 18 years or more.”.

In subsection (2), substitute the following paragraph for paragraph (a)

“(a) in case the body is the Executive, for the registration of a registrar named in the application who is employed by the Executive and is aged 18 years or more.”.

21.

Section 56

(a) In subsection (5)(a), substitute “the Executive” for “an authority”. (b) In subsection (5)(c)(i), substitute “the Executive” for “an authority” and for “the authority”. (c) In subsection (5)(c)(ii), substitute “the Executive” for “an authority”. (d) In subsection (5)(c)(iii), substitute “the Executive” for “an authority” wherever occurring and for “the authority”.

(a) In subsection (5)(a), substitute “the Executive” for “an authority”.

(b) In subsection (5)(c)(i), substitute “the Executive” for “an authority” and for “the authority”.

(c) In subsection (5)(c)(ii), substitute “the Executive” for “an authority”.

(d) In subsection (5)(c)(iii), substitute “the Executive” for “an authority” wherever occurring and for “the authority”.

22.

Section 58

In subsection (2), substitute the following for everything before paragraph (c): “(2) Where an objection under subsection (1) is received by a registrar assigned to a registration area other than the registration area to which is assigned the registrar who, in relation to the marriage concerned, was given the notification referred to in section 46 or a copy of an order referred to in that section— (a) the registrar by whom the objection is received shall refer the objection to the Superintendent Registrar of the registration area to which is assigned the registrar who was given the notification or the copy of the court order, (b) the Superintendent Registrar to whom the objection is referred shall direct a registrar assigned to his or her registration area to perform the function conferred by this section on the registrar who received the objection,”.

In subsection (2), substitute the following for everything before paragraph (c)

“(2) Where an objection under subsection (1) is received by a registrar assigned to a registration area other than the registration area to which is assigned the registrar who, in relation to the marriage concerned, was given the notification referred to in section 46 or a copy of an order referred to in that section—

(a) the registrar by whom the objection is received shall refer the objection to the Superintendent Registrar of the registration area to which is assigned the registrar who was given the notification or the copy of the court order,

(b) the Superintendent Registrar to whom the objection is referred shall direct a registrar assigned to his or her registration area to perform the function conferred by this section on the registrar who received the objection,”.

23.

Section 60

In subsection (2), substitute— (a) “the Executive” for “the authority concerned”, (b) “by the Executive to such employee of the Executive” for “by the authority to such officer of the authority”, and (c) “as the Executive” for “as the authority”.

In subsection (2), substitute—

(a) “the Executive” for “the authority concerned”,

(b) “by the Executive to such employee of the Executive” for “by the authority to such officer of the authority”, and

(c) “as the Executive” for “as the authority”.

24.

Section 61

(a) In subsection (1)(b), in subparagraph (i), delete “or” where it occurs after “a true copy,”; in subparagraph (ii), insert “or” after “a copy”; and insert the following subparagraph: “(iii) a certified extract,”. (b) In subsection (2)(b), in subparagraph (i), delete “or” where it occurs after “a true copy,”; in subparagraph (ii), insert “or” after “a copy”; and insert the following subparagraph: “(iii) a certified extract,”. (c) Insert the following subsection: “(5) The Minister may make regulations specifying particulars to be included in a certified extract referred to in subsection (1) or (2).”.

(a) In subsection (1)(b), in subparagraph (i), delete “or” where it occurs after “a true copy,”; in subparagraph (ii), insert “or” after “a copy”; and insert the following subparagraph

“(iii) a certified extract,”.

(b) In subsection (2)(b), in subparagraph (i), delete “or” where it occurs after “a true copy,”; in subparagraph (ii), insert “or” after “a copy”; and insert the following subparagraph

“(iii) a certified extract,”.

(c) Insert the following subsection

“(5) The Minister may make regulations specifying particulars to be included in a certified extract referred to in subsection (1) or (2).”.

25.

Section 64

(a) In subsection (1), substitute “of the registration area to which the registrar is assigned” for “of the authority by which the registrar is employed”. (b) In subsection (2), substitute “any registration area” for “any authority” and substitute “in that registration area” for “of that authority”.

(a) In subsection (1), substitute “of the registration area to which the registrar is assigned” for “of the authority by which the registrar is employed”.

(b) In subsection (2), substitute “any registration area” for “any authority” and substitute “in that registration area” for “of that authority”.

26.

Section 66

(a) In subsection (1)(g), substitute “the Executive” for “a health board”. (b) In subsection (1)(i), substitute “the Executive” for “a health board”.

(a) In subsection (1)(g), substitute “the Executive” for “a health board”.

(b) In subsection (1)(i), substitute “the Executive” for “a health board”.

27.

Section 68

In subsection (3), substitute “the Executive” for “the relevant authority”.

28.

Section 71

(a) In subsection (1), substitute “the Executive” for “the authority in whose functional area the offence was committed”. (b) In subsections (2) and (3), substitute “the Executive” for “the authority concerned”.

(a) In subsection (1), substitute “the Executive” for “the authority in whose functional area the offence was committed”.

(b) In subsections (2) and (3), substitute “the Executive” for “the authority concerned”.

29.

Section 73

In subsection (5), substitute “medical practitioners employed by the Executive” for “medical officers of health boards”.

30.

First Schedule

In Part 2, delete “Personal public service number of child”.

ISB Act 2004-12-17

Schedule 7 Health Act 2004 Open official source

SCHEDULE 7

Section 75.

PART 1 Amendment Of Adoption Act 1952

PART 1

Amendment Of Adoption Act 1952

Item

Provision affected

Amendment

1.

Section 3 (as amended by section 2 of the Adoption Act 1998)

Delete the definition of “health board”.

2.

Section 3A

Insert the following after section 3

“Transitional provision.

3A.—Any function or provision. action performed or any decision made by or on behalf of a health board under the Adoption Acts 1952 to 1998, before the establishment day of the Health Service Executive, in connection with an application or any other matter that has not been concluded before that day shall be deemed to have been performed or made by or on behalf of the Executive.”.

3.

Section 16 (as amended by section 5 of the Adoption Act 1998)

In subsection (1)(h), substitute “the Health Service Executive” for “health board”.

4.

Section 19A (as inserted by section 6 of the Adoption Act 1998)

In subsection (6), substitute “The Health Service Executive” for “A health board”.

PART 2 Amendment of Guardianship of Infants Act 1964

PART 2

Amendment of Guardianship of Infants Act 1964

Item

Provision affected

Amendment

1.

Section 15 (as amended by section 76 of the Child Care Act 1991)

Substitute the following section for section 15

“Power of Court to order repayment of costs of bringing up child.

15.—(1) Where, upon application by a parent for the production of a child, the court finds that the child is being brought up at the expense of another person, the court may, in its discretion, if it orders that the child be given up to the parent, further order that the parent shall pay to that person the whole of the costs properly incurred by the person in bringing up the child or such portion of those costs as the court considers reasonable. (2) Where, upon application by a parent for the production of a child, the court finds that— (a) assistance has been provided for the child at any time by a health authority under section 55 of the Health Act 1953, (b) the child has been maintained in the care of a health board under section 4 of the Child Care Act 1991 at any time before the amendment of that provision by the Health Act 2004, or (c) the child has been maintained in the care of the Health Service Executive under section 4 of the Child Care Act 1991 at any time after the amendment of that provision by the Health Act 2004, the court may, in its discretion, if it orders that the child be given up to the parent, further order that the parent shall pay to the Health Service Executive the whole of the costs properly incurred by the health authority in providing such assistance or by the health board or the Executive in maintaining the child in care or such portion of those costs as the court considers reasonable. (3) In determining the amount to be repaid under this section, the court shall have regard to the circumstances of the case including, in particular, the means of the parent.”.

15.—(1) Where, upon application by a parent for the production of a child, the court finds that the child is being brought up at the expense of another person, the court may, in its discretion, if it orders that the child be given up to the parent, further order that the parent shall pay to that person the whole of the costs properly incurred by the person in bringing up the child or such portion of those costs as the court considers reasonable.

(2) Where, upon application by a parent for the production of a child, the court finds that—

(a) assistance has been provided for the child at any time by a health authority under section 55 of the Health Act 1953,

(b) the child has been maintained in the care of a health board under section 4 of the Child Care Act 1991 at any time before the amendment of that provision by the Health Act 2004, or

(c) the child has been maintained in the care of the Health Service Executive under section 4 of the Child Care Act 1991 at any time after the amendment of that provision by the Health Act 2004,

the court may, in its discretion, if it orders that the child be given up to the parent, further order that the parent shall pay to the Health Service Executive the whole of the costs properly incurred by the health authority in providing such assistance or by the health board or the Executive in maintaining the child in care or such portion of those costs as the court considers reasonable.

(3) In determining the amount to be repaid under this section, the court shall have regard to the circumstances of the case including, in particular, the means of the parent.”.

2.

Section 16 (as amended by section 77 of the Child Care Act 1991)

In paragraph (b), substitute “to be maintained as described in section 15(2)(b) or (c) in the care of a health board or the Health Service Executive” for “to be maintained in the care of a health board under section 4 of the Child Care Act, 1991”.

PART 3 Amendment of Adoption Act 1988

Amendment of Adoption Act 1988

Item

Provision affected

Amendment

1.

Section 2

(a) In subsection (1)(c), substitute “the Health Service Executive” for “the health board in whose functional area the applicants ordinarily reside,”.

2.

Section 3

(a) In subsection (1), substitute “the Health Service Executive” for “the health board in whose functional area they ordinarily reside,”. (b) In subsection (1)(a), substitute “the Health Service Executive” for each reference to “the health board”. (c) In subsection (1)(b), substitute “the Health Service Executive” for “the health board”. (d) In subsection (4), substitute “The Health Service Executive” for “The health board concerned”. (e) Delete subsection (6). (f) In subsection (7), substitute “the Health Service Executive,” for “a health board” and substitute “the Executive” for each reference to “the board”.

(a) In subsection (1), substitute “the Health Service Executive” for “the health board in whose functional area they ordinarily reside,”.

(b) In subsection (1)(a), substitute “the Health Service Executive” for each reference to “the health board”.

(c) In subsection (1)(b), substitute “the Health Service Executive” for “the health board”.

(d) In subsection (4), substitute “The Health Service Executive” for “The health board concerned”.

(e) Delete subsection (6).

(f) In subsection (7), substitute “the Health Service Executive,” for “a health board” and substitute “the Executive” for each reference to “the board”.

PART 4 Amendment of Health (Nursing Homes) Act 1990

PART 4

Amendment of Health (Nursing Homes) Act 1990

Item

Provision affected

Amendment

1.

Section 1

(a) In subsection (1), substitute the following definition for the definition of “register”: “ ‘register’ means a register of nursing homes that is established or deemed to have been established by the Health Service Executive under section 4, and cognate words shall be construed accordingly;”. (b) Substitute the following definition for the definition of “registered proprietor”: “ ‘registered proprietor’, in relation to a registered nursing home means the person whose name is entered in the register as the person carrying on the home;”.

(a) In subsection (1), substitute the following definition for the definition of “register”

“ ‘register’ means a register of nursing homes that is established or deemed to have been established by the Health Service Executive under section 4, and cognate words shall be construed accordingly;”.

(b) Substitute the following definition for the definition of “registered proprietor”

“ ‘registered proprietor’, in relation to a registered nursing home means the person whose name is entered in the register as the person carrying on the home;”.

2.

Section 2

(a) In subsection (1)(a), (e) and (f), substitute “the Health Service Executive” for “a health board”. (b) In subsection (1)(g)(ii) and (iii), substitute “the Health Service Executive” for “a health board”.

(a) In subsection (1)(a), (e) and (f), substitute “the Health Service Executive” for “a health board”.

(b) In subsection (1)(g)(ii) and (iii), substitute “the Health Service Executive” for “a health board”.

3.

Section 4

(a) Substitute the following subsection for subsection (1): “(1) The Health Service Executive shall establish and maintain a register of nursing homes in each functional area of the Executive. (1A) For the purpose of subsection (1), each register of nursing homes established by a health board before the amendment of this Act by the Health Act 2004 shall be deemed to have been established by the Health Service Executive and shall be maintained by the Executive.”. (b) In subsection (3)(a), substitute “The Health Service Executive” for “A health board” and delete “in its functional area”. (c) In subsection (3)(c), substitute “the Health Service Executive” for “a health board”. (d) In subsection (3) insert the following paragraph after paragraph (c): “(d) An application for a declaration under subsection (4)(a) or for registration that is made to a health board before the amendment of this subsection by the Health Act 2004 shall be deemed to have been made to the Health Service Executive if the health board has not, before the establishment day of the Executive, given or refused to give the declaration or granted or refused to grant registration for the nursing home in relation to which the application was made, as the case may be.”. (e) In subsection (4)(a), substitute “the Health Service Executive” for “the health board in whose functional area the home will be situated”. (f) In subsection (4)(a), (b) and (c) substitute “the Executive” for “the board”, wherever occurring. (g) In subsection (4)(b), substitute “the Health Service Executive” for “a health board”. (h) In subsections (4)(c), (5) and (6), substitute “The Health Service Executive” for “A health board”. (i) In subsection (6)(b)(iii), substitute “the Executive” for “the board”, wherever occurring. (j) In subsection (7)(a) and (b), substitute “The Health Service Executive” for “A health board” and substitute “the Executive” for “the board”. (k) In subsections (8)(a) and (10)(a), substitute “The Health Service Executive” for “A health board”. (l) In subsection (10)(b), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”. (m) In subsection (11), substitute “the Health Service Executive” for “the health board concerned” and substitute “the Executive” for “the board”. (n) In subsection (12)(a)(ii), substitute “the Health Service Executive” for “the health board concerned”. (o) In subsection (13)(a), substitute “the Health Service Executive” for “a health board”. (p) In subsection (13)(b), substitute “the Health Service Executive” for “the health board concerned” and substitute “the Executive” for “the board”. (q) In subsection (14), substitute “the Health Service Executive” for “a health board“, wherever occurring and substitute “the Executive” for “the board”.

(a) Substitute the following subsection for subsection (1)

“(1) The Health Service Executive shall establish and maintain a register of nursing homes in each functional area of the Executive.

(1A) For the purpose of subsection (1), each register of nursing homes established by a health board before the amendment of this Act by the Health Act 2004 shall be deemed to have been established by the Health Service Executive and shall be maintained by the Executive.”.

(b) In subsection (3)(a), substitute “The Health Service Executive” for “A health board” and delete “in its functional area”.

(c) In subsection (3)(c), substitute “the Health Service Executive” for “a health board”.

(d) In subsection (3) insert the following paragraph after paragraph (c)

“(d) An application for a declaration under subsection (4)(a) or for registration that is made to a health board before the amendment of this subsection by the Health Act 2004 shall be deemed to have been made to the Health Service Executive if the health board has not, before the establishment day of the Executive, given or refused to give the declaration or granted or refused to grant registration for the nursing home in relation to which the application was made, as the case may be.”.

(e) In subsection (4)(a), substitute “the Health Service Executive” for “the health board in whose functional area the home will be situated”.

(f) In subsection (4)(a), (b) and (c) substitute “the Executive” for “the board”, wherever occurring.

(g) In subsection (4)(b), substitute “the Health Service Executive” for “a health board”.

(h) In subsections (4)(c), (5) and (6), substitute “The Health Service Executive” for “A health board”.

(i) In subsection (6)(b)(iii), substitute “the Executive” for “the board”, wherever occurring.

(j) In subsection (7)(a) and (b), substitute “The Health Service Executive” for “A health board” and substitute “the Executive” for “the board”.

(k) In subsections (8)(a) and (10)(a), substitute “The Health Service Executive” for “A health board”.

(l) In subsection (10)(b), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”.

(m) In subsection (11), substitute “the Health Service Executive” for “the health board concerned” and substitute “the Executive” for “the board”.

(n) In subsection (12)(a)(ii), substitute “the Health Service Executive” for “the health board concerned”.

(o) In subsection (13)(a), substitute “the Health Service Executive” for “a health board”.

(p) In subsection (13)(b), substitute “the Health Service Executive” for “the health board concerned” and substitute “the Executive” for “the board”.

(q) In subsection (14), substitute “the Health Service Executive” for “a health board“, wherever occurring and substitute “the Executive” for “the board”.

4.

Section 5

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and “the health board”. (b) In subsection (4)(a), substitute “the Health Service Executive” for “the health board concerned”. (c) In subsection (4)(b)(II), substitute “the Health Service Executive” for “the health board”. (d) In subsection (5), substitute “The Health Service Executive” for “The health board concerned”.

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and “the health board”.

(b) In subsection (4)(a), substitute “the Health Service Executive” for “the health board concerned”.

(c) In subsection (4)(b)(II), substitute “the Health Service Executive” for “the health board”.

(d) In subsection (5), substitute “The Health Service Executive” for “The health board concerned”.

5.

Section 6

(a) In subsection (2)(g), substitute “employees of the Health Service Executive,” for “officers of health boards,”. (b) In subsection (2)(i), substitute “the Health Service Executive” for “the health board concerned”. (c) In subsection (2)(j), substitute “the Health Service Executive” for “a health board” and “Health Service Executive and its employees,” for “appropriate health boards and their officers,”. (d) In subsection (2)(k), substitute “Health Service Executive” for “appropriate health boards” and “health boards”. (e) In subsection (2)(l), substitute “Health Service Executive” for “health boards concerned”. (f) In subsection 2(m)(i), substitute “Health Service Executive” for “health board concerned”. (g) In subsection (2)(m)(ii), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”, wherever occurring. (h) Substitute the following subsection for subsection (2)(n): “(n) authorise the provision by or on behalf of the Health Service Executive to nursing homes of such services (being services of a kind provided by or on behalf of the Health Service Executive for the purposes of its functions), upon such terms and conditions and to such extent as the Health Service Executive may determine, and”. (i) In subsection (4)(a), substitute “Health Service Executive” for “health board concerned”. (j) In subsection (5), substitute “the Health Service Executive or an employee of the Health Service Executive” for “a health board or an officer of a health board“, wherever occurring.

(a) In subsection (2)(g), substitute “employees of the Health Service Executive,” for “officers of health boards,”.

(b) In subsection (2)(i), substitute “the Health Service Executive” for “the health board concerned”.

(c) In subsection (2)(j), substitute “the Health Service Executive” for “a health board” and “Health Service Executive and its employees,” for “appropriate health boards and their officers,”.

(d) In subsection (2)(k), substitute “Health Service Executive” for “appropriate health boards” and “health boards”.

(e) In subsection (2)(l), substitute “Health Service Executive” for “health boards concerned”.

(f) In subsection 2(m)(i), substitute “Health Service Executive” for “health board concerned”.

(g) In subsection (2)(m)(ii), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”, wherever occurring.

(h) Substitute the following subsection for subsection (2)(n)

“(n) authorise the provision by or on behalf of the Health Service Executive to nursing homes of such services (being services of a kind provided by or on behalf of the Health Service Executive for the purposes of its functions), upon such terms and conditions and to such extent as the Health Service Executive may determine, and”.

(i) In subsection (4)(a), substitute “Health Service Executive” for “health board concerned”.

(j) In subsection (5), substitute “the Health Service Executive or an employee of the Health Service Executive” for “a health board or an officer of a health board“, wherever occurring.

6.

Section 7 (as amended by the Health (Miscellaneous Provisions) Act 2001)

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and “the health board” and substitute “the Executive” for “the board”. (b) In subsection (2), substitute “the Health Service Executive” for “health boards“, wherever occurring. (c) In subsection (2)(b)(iii), substitute “employees of the Health Service Executive” for “officers of health boards”. (d) In subsection (2)(b)(v), substitute “the Health Service Executive” for “each health board”. (e) In subsection (2)(b)(x), substitute “an employee of the Health Service Executive” for “an officer of a health board” and substitute “the Health Service Executive” for “the health board”. (f) Delete subsection (2)(c).

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and “the health board” and substitute “the Executive” for “the board”.

(b) In subsection (2), substitute “the Health Service Executive” for “health boards“, wherever occurring.

(c) In subsection (2)(b)(iii), substitute “employees of the Health Service Executive” for “officers of health boards”.

(d) In subsection (2)(b)(v), substitute “the Health Service Executive” for “each health board”.

(e) In subsection (2)(b)(x), substitute “an employee of the Health Service Executive” for “an officer of a health board” and substitute “the Health Service Executive” for “the health board”.

(f) Delete subsection (2)(c).

7.

Section 8

(a) In subsection (1)(a), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”. (b) In subsection (1)(b), substitute “the Health Service Executive” for “a health board”.

(a) In subsection (1)(a), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”.

(b) In subsection (1)(b), substitute “the Health Service Executive” for “a health board”.

8.

Section 9

(a) In subsection (1)(a), substitute “the Health Service Executive” for “a health board” and “the health board” and delete “in its functional area”. (b) In subsection (1)(c), substitute “the Health Service Executive” for “a health board”. (c) In subsection (1)(d), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”, wherever occurring. (d) In subsection (2)(a), substitute “the Health Service Executive” for “a health board” and “the health board” and substitute “the Executive” for “the board” and delete “in the functional area of the board”.

(a) In subsection (1)(a), substitute “the Health Service Executive” for “a health board” and “the health board” and delete “in its functional area”.

(b) In subsection (1)(c), substitute “the Health Service Executive” for “a health board”.

(c) In subsection (1)(d), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”, wherever occurring.

(d) In subsection (2)(a), substitute “the Health Service Executive” for “a health board” and “the health board” and substitute “the Executive” for “the board” and delete “in the functional area of the board”.

9.

Section 10

(a) Substitute the following subsection for subsection (1): “(1) The Health Service Executive may in accordance with regulations under this section make and carry out an arrangement for the boarding out in a private dwelling of a person to whom this section applies and the arrangement may provide for the payment of all or part of the costs of the boarding out by the Executive.”. (b) In subsection (2)(a)(i) and (ii), substitute “the Health Service Executive and its employees” for “the health boards concerned and their officers”. (c) In subsection (2)(a)(iii), substitute “the Health Service Executive” for “health boards”. (d) In subsection (2)(a)(v), substitute “the Health Service Executive” for “the health board concerned”. (e) In subsection (2)(b), substitute “the Health Service Executive or an employee of the Health Service Executive” for “a health board or an officer of a health board”, wherever occurring. (f) In subsection (4), substitute “the Health Service Executive” for “a health board”. (g) Substitute the following subsection for subsection (5): “(5) In this section ‘person to whom this section applies’, in relation to the Health Service Executive, means a person who, in the opinion of the Executive, ought, having regard to his or her means and circumstances, to be boarded out under this section and who consents to be so boarded out.”.

(a) Substitute the following subsection for subsection (1)

“(1) The Health Service Executive may in accordance with regulations under this section make and carry out an arrangement for the boarding out in a private dwelling of a person to whom this section applies and the arrangement may provide for the payment of all or part of the costs of the boarding out by the Executive.”.

(b) In subsection (2)(a)(i) and (ii), substitute “the Health Service Executive and its employees” for “the health boards concerned and their officers”.

(c) In subsection (2)(a)(iii), substitute “the Health Service Executive” for “health boards”.

(d) In subsection (2)(a)(v), substitute “the Health Service Executive” for “the health board concerned”.

(e) In subsection (2)(b), substitute “the Health Service Executive or an employee of the Health Service Executive” for “a health board or an officer of a health board”, wherever occurring.

(f) In subsection (4), substitute “the Health Service Executive” for “a health board”.

(g) Substitute the following subsection for subsection (5)

“(5) In this section ‘person to whom this section applies’, in relation to the Health Service Executive, means a person who, in the opinion of the Executive, ought, having regard to his or her means and circumstances, to be boarded out under this section and who consents to be so boarded out.”.

10.

Section 12

(a) Substitute the following subsection for subsection (1): “(1) Proceedings for a summary offence under this Act may be brought and prosecuted by the Health Service Executive.”. (b) Delete subsection (4).

(a) Substitute the following subsection for subsection (1)

“(1) Proceedings for a summary offence under this Act may be brought and prosecuted by the Health Service Executive.”.

(b) Delete subsection (4).

PART 5 Amendment of Adoption Act 1991

PART 5

Amendment of Adoption Act 1991

Item

Provision affected

Amendment

1.

Section 1

Delete the definition of “health board”.

2.

Section 5

In subsection (1)(b)(iii)(II)(B), substitute “the Health Service Executive” for “the health board in whose functional area the adopters were ordinarily resident at the time of the assessment,”.

3.

Section 8

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and delete “who is or are ordinarily resident in its functional area”. (b) In subsection (2), substitute “the Health Service Executive” for “the health board concerned”. (c) Delete subsection (4).

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and delete “who is or are ordinarily resident in its functional area”.

(b) In subsection (2), substitute “the Health Service Executive” for “the health board concerned”.

(c) Delete subsection (4).

PART 6 Amendment of Child Care Act 1991

Amendment of Child Care Act 1991

Item

Provision affected

Amendment

1.

Section 2

(a) In the definition of “area” substitute “the Health Service Executive” for “health board”. (b) Delete the definition of “health board”.

(a) In the definition of “area” substitute “the Health Service Executive” for “health board”.

(b) Delete the definition of “health board”.

2.

Section 3

(a) In subsection (1), substitute “the Health Service Executive” for “every health board” and delete “in its area”. (b) In subsection (2), substitute “the Health Service Executive” for “a health board” and in paragraph (a) delete “in its area”. (c) In subsection (3), substitute “The Health Service Executive” for “A health board”. (d) Substitute the following subsection for subsection (4): “(4) The provisions of the Health Acts 1947 to 2004 shall apply in relation to the functions of the Health Service Executive and its employees under this Act and the powers of the Minister under those Acts shall have effect accordingly as if those Acts and this Act were one Act.”.

(a) In subsection (1), substitute “the Health Service Executive” for “every health board” and delete “in its area”.

(b) In subsection (2), substitute “the Health Service Executive” for “a health board” and in paragraph (a) delete “in its area”.

(c) In subsection (3), substitute “The Health Service Executive” for “A health board”.

(d) Substitute the following subsection for subsection (4)

“(4) The provisions of the Health Acts 1947 to 2004 shall apply in relation to the functions of the Health Service Executive and its employees under this Act and the powers of the Minister under those Acts shall have effect accordingly as if those Acts and this Act were one Act.”.

3.

Section 4

(a) In subsection (1), substitute “the Health Service Executive that a child requires” for “a health board that a child who resides or is found in its area requires” and substitute “the Executive” for “the Health Board”. (b) In subsection (2), substitute “the Health Service Executive” for “a health board”. (c) In subsection (3), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the board”. (d) In subsection (4), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the board”. (e) Insert the following subsection after subsection (4): “(5) A child who was taken into care under this section by a health board before the amendment of this section by the Health Act 2004 and who is in the care of the health board immediately before the establishment day of the Health Service Executive shall be deemed for the purposes of this Act to have been taken into care by the Executive and to be in its care on and from that day.”.

(a) In subsection (1), substitute “the Health Service Executive that a child requires” for “a health board that a child who resides or is found in its area requires” and substitute “the Executive” for “the Health Board”.

(b) In subsection (2), substitute “the Health Service Executive” for “a health board”.

(c) In subsection (3), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the board”.

(d) In subsection (4), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the board”.

(e) Insert the following subsection after subsection (4)

“(5) A child who was taken into care under this section by a health board before the amendment of this section by the Health Act 2004 and who is in the care of the health board immediately before the establishment day of the Health Service Executive shall be deemed for the purposes of this Act to have been taken into care by the Executive and to be in its care on and from that day.”.

4.

Section 5

Substitute— (a) “the Health Service Executive that a child is homeless, the Executive shall” for “a health board that a child in its area is homeless, the board shall”, (b) “if it” for “if the board”, (c) “care of the Executive” for “care of the board”, and (d) “the Executive shall take” for “the board shall take”.

Substitute—

(a) “the Health Service Executive that a child is homeless, the Executive shall” for “a health board that a child in its area is homeless, the board shall”,

(b) “if it” for “if the board”,

(c) “care of the Executive” for “care of the board”, and

(d) “the Executive shall take” for “the board shall take”.

5.

Section 6

(a) Substitute the following subsection for subsection (1): “(1) The Health Service Executive shall provide or ensure the provision of a service for the adoption of children in accordance with the Adoption Acts 1952 to 1998.”. (b) In subsection (2), substitute “the Health Service Executive” for “a health board”. (c) In subsection (3), substitute “The Health Service Executive” for “A health board”. (d) In subsection (4), substitute “the Health Service Executive” for “a health board”.

(a) Substitute the following subsection for subsection (1)

“(1) The Health Service Executive shall provide or ensure the provision of a service for the adoption of children in accordance with the Adoption Acts 1952 to 1998.”.

(b) In subsection (2), substitute “the Health Service Executive” for “a health board”.

(c) In subsection (3), substitute “The Health Service Executive” for “A health board”.

(d) In subsection (4), substitute “the Health Service Executive” for “a health board”.

6.

Section 7

(a) Substitute the following subsections for subsection (1): “(1) The Health Service Executive shall establish for each functional area of the Executive a child care advisory committee to advise the Executive on the performance of its functions under this Act and the Executive shall consider and have regard to any advice so tendered to it. (1A) A child care advisory committee that, before the amendment of this section by the Health Act 2004, was established for a functional area of a health board and that was in existence immediately before the establishment of the Health Service Executive shall be deemed to have been established by the Executive in compliance with subsection (1) of this section for the corresponding functional area of the Executive or for that area as redefined under section 67(3) of the Health Act 2004.”. (b) In subsection (3), substitute “the Health Service Executive” for “a health board”. (c) In subsection (5), substitute “the Health Service Executive and each child care advisory committee” for “each health board and child care advisory committee”. (d) Insert the following subsection after subsection (5): “(5A) Directions given by the Minister in relation to child care advisory committees in existence immediately before the establishment day of the Health Service Executive shall, subject to the amendment or revocation of those directions under subsection (5B), apply to child care advisory committees established or deemed to have been established by the Executive, unless the Minister otherwise directs. (5B) The Minister may amend or Revoke directions given in relation to child care advisory committees.”. (e) In subsection (6), substitute “The Health Service Executive” for “A health board” and substitute “a functional area of the Executive” for “its area”. (f) In subsection (7)— (i) in paragraph (c), substitute “Health Service Executive” for “health board”, and (ii) substitute “a functional area of the Health Service Executive” for “a health board area”.

(a) Substitute the following subsections for subsection (1)

“(1) The Health Service Executive shall establish for each functional area of the Executive a child care advisory committee to advise the Executive on the performance of its functions under this Act and the Executive shall consider and have regard to any advice so tendered to it.

(1A) A child care advisory committee that, before the amendment of this section by the Health Act 2004, was established for a functional area of a health board and that was in existence immediately before the establishment of the Health Service Executive shall be deemed to have been established by the Executive in compliance with subsection (1) of this section for the corresponding functional area of the Executive or for that area as redefined under section 67(3) of the Health Act 2004.”.

(b) In subsection (3), substitute “the Health Service Executive” for “a health board”.

(c) In subsection (5), substitute “the Health Service Executive and each child care advisory committee” for “each health board and child care advisory committee”.

(d) Insert the following subsection after subsection (5)

“(5A) Directions given by the Minister in relation to child care advisory committees in existence immediately before the establishment day of the Health Service Executive shall, subject to the amendment or revocation of those directions under subsection (5B), apply to child care advisory committees established or deemed to have been established by the Executive, unless the Minister otherwise directs.

(5B) The Minister may amend or Revoke directions given in relation to child care advisory committees.”.

(e) In subsection (6), substitute “The Health Service Executive” for “A health board” and substitute “a functional area of the Executive” for “its area”.

(f) In subsection (7)—

(i) in paragraph (c), substitute “Health Service Executive” for “health board”, and

(ii) substitute “a functional area of the Health Service Executive” for “a health board area”.

7.

Section 8

(a) Substitute the following for subsection (1): “(1) The Health Service Executive shall— (a) not later than 6 months after the establishment day of the Executive, prepare for each health board the report that, but for the amendment of this section by the Health Act 2004, the health board would have been required to have prepared under this section, and (b) annually thereafter prepare a report on the adequacy of the child care and family support services available in each functional area of the Executive.”. (b) In subsection (2)— (i) substitute “the Health Service Executive” for “a health board”, and (ii) in paragraph (c), substitute “the Executive” for “the board”. (c) Substitute the following for subsection (3): “(3) The Health Service Executive shall give notice of the preparation of a report under subsection (1) to— (a) each child care advisory committee, and (b) such bodies as the Executive sees fit whose purposes include the provision of child care and family support services, and shall have regard to any views or information furnished by such committees or bodies in the preparation of the report.”. (d) In subsection (4), substitute “The Health Service Executive” for “A health board”.

(a) Substitute the following for subsection (1)

“(1) The Health Service Executive shall—

(a) not later than 6 months after the establishment day of the Executive, prepare for each health board the report that, but for the amendment of this section by the Health Act 2004, the health board would have been required to have prepared under this section, and

(b) annually thereafter prepare a report on the adequacy of the child care and family support services available in each functional area of the Executive.”.

(b) In subsection (2)—

(i) substitute “the Health Service Executive” for “a health board”, and

(ii) in paragraph (c), substitute “the Executive” for “the board”.

(c) Substitute the following for subsection (3)

“(3) The Health Service Executive shall give notice of the preparation of a report under subsection (1) to—

(a) each child care advisory committee, and

(b) such bodies as the Executive sees fit whose purposes include the provision of child care and family support services,

and shall have regard to any views or information furnished by such committees or bodies in the preparation of the report.”.

(d) In subsection (4), substitute “The Health Service Executive” for “A health board”.

8.

Section 9

(a) Delete subsection (1). (b) In subsection (2), substitute “Nothing in the Health Act 2004 shall empower the Health Service Executive” for “Nothing in this section shall empower a health board”.

(a) Delete subsection (1).

(b) In subsection (2), substitute “Nothing in the Health Act 2004 shall empower the Health Service Executive” for “Nothing in this section shall empower a health board”.

9.

Section 10

(a) Substitute “The Health Service Executive” for “A health board” and “the Executive” for “the health board”. (b) Renumber section 10 as section 10(1) and insert the following subsection: “(2) Assistance given under this section to a voluntary body or other person that is a service provider as defined in section 2 of the Health Act 2004 shall be deemed for the purpose of Part 9 of that Act to have been given to the voluntary body or other person under section 39 of that Act.”.

(a) Substitute “The Health Service Executive” for “A health board” and “the Executive” for “the health board”.

(b) Renumber section 10 as section 10(1) and insert the following subsection

“(2) Assistance given under this section to a voluntary body or other person that is a service provider as defined in section 2 of the Health Act 2004 shall be deemed for the purpose of Part 9 of that Act to have been given to the voluntary body or other person under section 39 of that Act.”.

10.

Section 11

In subsection (2), substitute “The Health Service Executive” for “A health board” and substitute “the Executive” for “the board”.

11.

Section 12

(a) In subsection (1)(b), substitute “the Health Service Executive” for “a health board”. (b) In subsection (3), substitute “Health Service Executive” for “health board for the area in which the child is for the time being”. (c) In subsection (4), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the health board”. (d) Insert the following subsection after subsection (4): “(5) Where a child was removed to safety in accordance with subsection (1) of this section or section 254(4) of the Children Act 2001 before the amendment of those provisions by the Health Act 2004 and the child is not delivered up to the custody of the health board concerned before the establishment day of the Health Service Executive— (a) the child shall as soon as possible be delivered up to the custody of the Executive, and (b) subsection (4) of this section applies in relation to the child as though the child had been delivered up to the Executive in accordance with subsection (3) of this section.”.

(a) In subsection (1)(b), substitute “the Health Service Executive” for “a health board”.

(b) In subsection (3), substitute “Health Service Executive” for “health board for the area in which the child is for the time being”.

(c) In subsection (4), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the health board”.

(d) Insert the following subsection after subsection (4)

“(5) Where a child was removed to safety in accordance with subsection (1) of this section or section 254(4) of the Children Act 2001 before the amendment of those provisions by the Health Act 2004 and the child is not delivered up to the custody of the health board concerned before the establishment day of the Health Service Executive—

(a) the child shall as soon as possible be delivered up to the custody of the Executive, and

(b) subsection (4) of this section applies in relation to the child as though the child had been delivered up to the Executive in accordance with subsection (3) of this section.”.

12.

Section 13

(a) In subsection (1), substitute “the Health Service Executive” for each reference to “a health board”. (b) In subsection (2), substitute “the Health Service Executive” for “the health board for the area in which the child is for the time being”. (c) In subsection (3), substitute “Health Service Executive” for “health board”.

(a) In subsection (1), substitute “the Health Service Executive” for each reference to “a health board”.

(b) In subsection (2), substitute “the Health Service Executive” for “the health board for the area in which the child is for the time being”.

(c) In subsection (3), substitute “Health Service Executive” for “health board”.

13.

Section 14

(a) In subsection (1), substitute “the Health Service Executive under this Part, the Executive” for “a health board under this Part, the board”. (b) In subsection (2), substitute “the Health Service Executive” for “a health board”.

(a) In subsection (1), substitute “the Health Service Executive under this Part, the Executive” for “a health board under this Part, the board”.

(b) In subsection (2), substitute “the Health Service Executive” for “a health board”.

14.

Section 15

Substitute “The Health Service Executive” for “A health board”.

15.

Section 16

(a) Substitute “the Health Service Executive that a child” for “a health board with respect to a child who resides or is found in its area that he”. (b) Substitute “Executive” for “health board”.

(a) Substitute “the Health Service Executive that a child” for “a health board with respect to a child who resides or is found in its area that he”.

(b) Substitute “Executive” for “health board”.

16.

Section 17

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the health board”. (b) In subsection (2), substitute “Health Service Executive” for each reference to “health board”.

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the health board”.

(b) In subsection (2), substitute “Health Service Executive” for each reference to “health board”.

17.

Section 18

(a) In subsection (1), substitute “the Health Service Executive with respect to a child” for “a health board with respect to a child who resides or is found in its area”. (b) In subsections (2) and (3), substitute “Health Service Executive” for “health board”. (c) In subsections (4) and (5)(b), substitute “the Health Service Executive” for “a health board” and “the health board”. (d) In subsections (7) and (8), substitute “Health Service Executive” for “health board”.

(a) In subsection (1), substitute “the Health Service Executive with respect to a child” for “a health board with respect to a child who resides or is found in its area”.

(b) In subsections (2) and (3), substitute “Health Service Executive” for “health board”.

(c) In subsections (4) and (5)(b), substitute “the Health Service Executive” for “a health board” and “the health board”.

(d) In subsections (7) and (8), substitute “Health Service Executive” for “health board”.

18.

Section 19

(a) In subsection (1), substitute “the Health Service Executive with respect to a child” for “a health board, with respect to a child who resides in its area” and substitute “Health Service Executive” for “health board”. (b) In subsections (2) to (5) and (7), substitute “the Health Service Executive” for each reference to “a health board”, “the health board” or “the board”.

(a) In subsection (1), substitute “the Health Service Executive with respect to a child” for “a health board, with respect to a child who resides in its area” and substitute “Health Service Executive” for “health board”.

(b) In subsections (2) to (5) and (7), substitute “the Health Service Executive” for each reference to “a health board”, “the health board” or “the board”.

19.

Section 20

(a) In subsection (1), substitute “the Health Service Executive” for “the health board for the area in which the child resides or is for the time being”. (b) In subsection (2), substitute “Health Service Executive” for “health board”. (c) In subsection (3), substitute “Health Service Executive” for “health board concerned”. (d) In subsection (4), substitute “the Health Service Executive” for “a health board”. (e) Insert the following subsection after subsection (4): “(5) Where, before the amendment of this section by the Health Act 2004, a health board was directed to undertake an investigation into a child's circumstances and the investigation has not been undertaken or all matters relating to or arising from the investigation have not been concluded before the establishment day of the Health Service Executive— (a) any direction given under this section by the court to the health board in respect of the child concerned shall be deemed to have been given to the Executive, (b) the investigation may be completed by the Executive, and (c) subsections (3) and (4) apply as though all of the investigation had been undertaken and completed by the Executive.”.

(a) In subsection (1), substitute “the Health Service Executive” for “the health board for the area in which the child resides or is for the time being”.

(b) In subsection (2), substitute “Health Service Executive” for “health board”.

(c) In subsection (3), substitute “Health Service Executive” for “health board concerned”.

(d) In subsection (4), substitute “the Health Service Executive” for “a health board”.

(e) Insert the following subsection after subsection (4)

“(5) Where, before the amendment of this section by the Health Act 2004, a health board was directed to undertake an investigation into a child's circumstances and the investigation has not been undertaken or all matters relating to or arising from the investigation have not been concluded before the establishment day of the Health Service Executive—

(a) any direction given under this section by the court to the health board in respect of the child concerned shall be deemed to have been given to the Executive,

(b) the investigation may be completed by the Executive, and

(c) subsections (3) and (4) apply as though all of the investigation had been undertaken and completed by the Executive.”.

20.

Section 23

(a) In paragraph (a), substitute “the Health Service Executive” for “a health board”. (b) In paragraph (b), substitute “the Health Service Executive” for “the health board”.

(a) In paragraph (a), substitute “the Health Service Executive” for “a health board”.

(b) In paragraph (b), substitute “the Health Service Executive” for “the health board”.

21.

Section 23A

(a) In subsection (1), substitute “the Health Service Executive that a child” for “a health board with respect to a child who resides or is found in its area that the child” and substitute “the Health Service Executive” for “the health board”. (b) In subsection (2), substitute “the Health Service Executive” for “the health board”. (c) In subsection (3), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”. (d) Insert the following subsections after subsection (3): “(4) Where, before the amendment of this section by the Health Act 2004, a health board arranged for the convening of a family welfare conference in respect of a child but the health board did not apply for an order under this Part in respect of the child before the establishment day of the Health Service Executive, the Executive shall be deemed for the purpose of an application by it for such order in respect of the child to have complied with the requirement of subsection (1)(a). (5) Where, before the amendment of this section by the Health Act 2004, a health board sought the views of the Special Residential Services Board on the health board's proposal to apply for an order under this Part in respect of a child but the health board did not apply for the order before the establishment day of the Health Service Executive, the Executive shall be deemed for the purpose of an application by it for such order in respect of the child to have complied with the requirement of subsection (2)(b).”.

(a) In subsection (1), substitute “the Health Service Executive that a child” for “a health board with respect to a child who resides or is found in its area that the child” and substitute “the Health Service Executive” for “the health board”.

(b) In subsection (2), substitute “the Health Service Executive” for “the health board”.

(c) In subsection (3), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”.

(d) Insert the following subsections after subsection (3)

“(4) Where, before the amendment of this section by the Health Act 2004, a health board arranged for the convening of a family welfare conference in respect of a child but the health board did not apply for an order under this Part in respect of the child before the establishment day of the Health Service Executive, the Executive shall be deemed for the purpose of an application by it for such order in respect of the child to have complied with the requirement of subsection (1)(a).

(5) Where, before the amendment of this section by the Health Act 2004, a health board sought the views of the Special Residential Services Board on the health board's proposal to apply for an order under this Part in respect of a child but the health board did not apply for the order before the establishment day of the Health Service Executive, the Executive shall be deemed for the purpose of an application by it for such order in respect of the child to have complied with the requirement of subsection (2)(b).”.

22.

Section 23B

(a) In subsection (1), substitute “the Health Service Executive with respect to a child” for “a health board with respect to a child who is in its care or who resides or is found within its area”. (b) In subsection (2), substitute “Health Service Executive” for “health board concerned” and for “health board”. (c) In subsection (3), substitute “Health Service Executive” for “health board”. (d) In subsection (4)(b), substitute “Health Service Executive” for “health board concerned”. (e) In subsection (5), substitute “Health Service Executive” for “health board concerned” and substitute “it shall” for “the board shall”. (f) In subsection (7), substitute “Health Service Executive” for “health board” and in paragraph (a) of that subsection substitute “as it” for “as the board”.

(a) In subsection (1), substitute “the Health Service Executive with respect to a child” for “a health board with respect to a child who is in its care or who resides or is found within its area”.

(b) In subsection (2), substitute “Health Service Executive” for “health board concerned” and for “health board”.

(c) In subsection (3), substitute “Health Service Executive” for “health board”.

(d) In subsection (4)(b), substitute “Health Service Executive” for “health board concerned”.

(e) In subsection (5), substitute “Health Service Executive” for “health board concerned” and substitute “it shall” for “the board shall”.

(f) In subsection (7), substitute “Health Service Executive” for “health board” and in paragraph (a) of that subsection substitute “as it” for “as the board”.

23.

Section 23C

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and substitute the following paragraph for paragraph (a): “(a) That the Executive is complying with the requirements of section 23A(2) in relation to the making of an application for a special care order in respect of a child or is deemed under section 23A(4) and (5) to have complied with those requirements.”. (b) In subsection (2)(b), substitute “Health Service Executive” for “health board”. (c) In subsection (3), substitute “Health Service Executive” for “health board concerned”.

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and substitute the following paragraph for paragraph (a)

“(a) That the Executive is complying with the requirements of section 23A(2) in relation to the making of an application for a special care order in respect of a child or is deemed under section 23A(4) and (5) to have complied with those requirements.”.

(b) In subsection (2)(b), substitute “Health Service Executive” for “health board”.

(c) In subsection (3), substitute “Health Service Executive” for “health board concerned”.

24.

Section 23D

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and substitute “custody of the Executive and shall inform it” for “custody of the health board for the area in which the child normally resides and shall inform the board”. (b) In subsection (2), substitute “the Health Service Executive” for each reference to “a health board” and to “the health board”.

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and substitute “custody of the Executive and shall inform it” for “custody of the health board for the area in which the child normally resides and shall inform the board”.

(b) In subsection (2), substitute “the Health Service Executive” for each reference to “a health board” and to “the health board”.

25.

Section 23E

In subsection (1), substitute “Health Service Executive” for “health board concerned”.

26.

Section 23F

In subsection (2), substitute “the Health Service Executive” for each reference to “a health board” or to “the health board”.

27.

Section 23J

Substitute “the Health Service Executive” for “a health board”.

28.

Section 23K

(a) Substitute the following subsections for subsection (1): “(1) For the purposes of sections 23B and 23C, the Health Service Executive may, with the Minister's approval, provide special care units and maintain special care units whether provided by the Executive or provided by a health board before the establishment day of the Executive. (1A) The Health Service Executive may, subject to its available resources and any general directions issued by the Minister, make arrangements with a voluntary body or other person for the provision and operation of a special care unit by that body or person on behalf of the Executive. (1B) Section 38(2) to (9) of the Health Act 2004 shall apply with the necessary modifications in respect of an arrangement under this section with a voluntary body or other person for the provision and operation of a special care unit and the body or person making such arrangement with the Health Service Executive is for the purpose of Part 9 of that Act a service provider as defined in section 2 of that Act.”. (b) In subsection (2), substitute “the Health Service Executive” for “the health board”. (c) In subsection (4), substitute “Health Service Executive” for “health board concerned”. (d) Insert the following subsection after subsection (4): “(4A) A certificate issued by the Minister to a health board before the amendment of this section by the Health Act 2004 shall be deemed to have been issued to the Health Service Executive.”. (e) In subsection (6), substitute “the Health Service Executive” for “health boards”. (f) In subsection (7)(f), substitute the following for subparagraph (i): “(i) in case the units were provided in accordance with an arrangement referred to in subsection (1A), the Health Service Executive, and”. (g) Substitute the following subsection for subsection (8): “(8) Section 10(1) and (2) shall apply with any necessary modifications in relation to a voluntary body or other person with whom the Health Service Executive enters into an arrangement referred to in subsection (1A).”. (h) In subsection (9), substitute “the Health Service Executive” for “a health board”. (i) In subsection (10), substitute “subsection (1A)” for “subsection (1)(b)”.

(a) Substitute the following subsections for subsection (1)

“(1) For the purposes of sections 23B and 23C, the Health Service Executive may, with the Minister's approval, provide special care units and maintain special care units whether provided by the Executive or provided by a health board before the establishment day of the Executive.

(1A) The Health Service Executive may, subject to its available resources and any general directions issued by the Minister, make arrangements with a voluntary body or other person for the provision and operation of a special care unit by that body or person on behalf of the Executive.

(1B) Section 38(2) to (9) of the Health Act 2004 shall apply with the necessary modifications in respect of an arrangement under this section with a voluntary body or other person for the provision and operation of a special care unit and the body or person making such arrangement with the Health Service Executive is for the purpose of Part 9 of that Act a service provider as defined in section 2 of that Act.”.

(b) In subsection (2), substitute “the Health Service Executive” for “the health board”.

(c) In subsection (4), substitute “Health Service Executive” for “health board concerned”.

(d) Insert the following subsection after subsection (4)

“(4A) A certificate issued by the Minister to a health board before the amendment of this section by the Health Act 2004 shall be deemed to have been issued to the Health Service Executive.”.

(e) In subsection (6), substitute “the Health Service Executive” for “health boards”.

(f) In subsection (7)(f), substitute the following for subparagraph (i)

“(i) in case the units were provided in accordance with an arrangement referred to in subsection (1A), the Health Service Executive, and”.

(g) Substitute the following subsection for subsection (8)

“(8) Section 10(1) and (2) shall apply with any necessary modifications in relation to a voluntary body or other person with whom the Health Service Executive enters into an arrangement referred to in subsection (1A).”.

(h) In subsection (9), substitute “the Health Service Executive” for “a health board”.

(i) In subsection (10), substitute “subsection (1A)” for “subsection (1)(b)”.

29.

Section 23O

(a) Substitute the following definition for the definition of “authorised officer”: “ ‘authorised officer’ means a person appointed by the Health Service Executive under section 23S;”. (b) Delete the definition of “health board”. (c) In the definition of “private foster care arrangement” in paragraphs (b) and (h), substitute “the Health Service Executive” for “a health board”.

(a) Substitute the following definition for the definition of “authorised officer”

“ ‘authorised officer’ means a person appointed by the Health Service Executive under section 23S;”.

(b) Delete the definition of “health board”.

(c) In the definition of “private foster care arrangement” in paragraphs (b) and (h), substitute “the Health Service Executive” for “a health board”.

30.

Section 23P

(a) In subsections (1) and (2), substitute “Health Service Executive” for “health board”. (b) Substitute the following subsection for subsection (3): “(3) Any person arranging or undertaking a private foster care arrangement before the establishment day of the Health Service Executive who has submitted to a health board before that day the information the health board required in relation to the arrangement or undertaking shall be deemed to have complied with subsection (1).”.

(a) In subsections (1) and (2), substitute “Health Service Executive” for “health board”.

(b) Substitute the following subsection for subsection (3)

“(3) Any person arranging or undertaking a private foster care arrangement before the establishment day of the Health Service Executive who has submitted to a health board before that day the information the health board required in relation to the arrangement or undertaking shall be deemed to have complied with subsection (1).”.

31.

Section 23Q

(a) In subsection (1), substitute “Health Service Executive” for each reference to “health board”. (b) In subsection (2), substitute “Health Service Executive” for “relevant health board” and substitute “the Executive” for “the health board”.

(a) In subsection (1), substitute “Health Service Executive” for each reference to “health board”.

(b) In subsection (2), substitute “Health Service Executive” for “relevant health board” and substitute “the Executive” for “the health board”.

32.

Section 23S

In subsection (1), substitute “The Health Service Executive shall appoint such and so many of its employees” for “A health board shall appoint such and so many of its officers”.

33.

Section 23T

(a) In subsection (1), substitute “Health Service Executive” for “relevant health board”. (b) In subsection (2), substitute “Health Service Executive” for “health board”.

34.

Section 23U

Substitute “the Health Service Executive” for “a health board” and for “the health board”.

35.

Section 23V

(a) In subsection (2)(b), substitute “Health Service Executive” for “relevant health board”. (b) In subsection (3), substitute “Health Service Executive” for “health board”.

(a) In subsection (2)(b), substitute “Health Service Executive” for “relevant health board”.

(b) In subsection (3), substitute “Health Service Executive” for “health board”.

36.

Section 23W

In subsection (1)(a) and (d), substitute “Health Service Executive” for “relevant health board”.

37.

Section 23X

Substitute “the Health Service Executive” for “a health board”.

38.

Section 25

(a) In subsection (4), substitute “Health Service Executive” for “health board concerned” and substitute “The Executive” for “The health board”. (b) In subsection (5), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board” and for “that board”.

(a) In subsection (4), substitute “Health Service Executive” for “health board concerned” and substitute “The Executive” for “The health board”.

(b) In subsection (5), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board” and for “that board”.

39.

Section 26

(a) In subsection (2), substitute “Health Service Executive” for “health board concerned” and for “health board”. (b) In subsection (3), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board” and for “that board”.

(a) In subsection (2), substitute “Health Service Executive” for “health board concerned” and for “health board”.

(b) In subsection (3), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board” and for “that board”.

40.

Section 34

In subsection (1), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the health board” and for “that board”.

41.

Section 35

Substitute “the Health Service Executive” for “a health board” and for “the health board”.

42.

Section 36

(a) In subsection (1), substitute— (i) “care of the Health Service Executive” for “care of a health board”, (ii) “the Executive shall” for “the health board shall”, (iii) “by the Executive” for “by a health board”, and (iv) “as the Executive” for “as the health board”. (b) In subsections (2) and (3), substitute “the Health Service Executive” for “a health board”.

(a) In subsection (1), substitute—

(i) “care of the Health Service Executive” for “care of a health board”,

(ii) “the Executive shall” for “the health board shall”,

(iii) “by the Executive” for “by a health board”, and

(iv) “as the Executive” for “as the health board”.

(b) In subsections (2) and (3), substitute “the Health Service Executive” for “a health board”.

43.

Section 37

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the board”. (b) In subsection (2), substitute “by the Health Service Executive under subsection (1) or by a health board under that subsection before the amendment of the subsection by the Health Act 2004“ for “by a health board under subsection (1)”. (c) In subsection (3), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”.

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the board”.

(b) In subsection (2), substitute “by the Health Service Executive under subsection (1) or by a health board under that subsection before the amendment of the subsection by the Health Act 2004“ for “by a health board under subsection (1)”.

(c) In subsection (3), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”.

44.

Section 38

(a) In subsections (1) and (2), substitute “The Health Service Executive” for “A health board”. (b) In subsection (3), substitute “the Health Service Executive” for “health boards”.

(a) In subsections (1) and (2), substitute “The Health Service Executive” for “A health board”.

(b) In subsection (3), substitute “the Health Service Executive” for “health boards”.

45.

Section 39

(a) In subsection (1), substitute “the Health Service Executive” for “health boards”. (b) In subsection (2)(b) and (c), substitute “the Health Service Executive” for “a health board”.

(a) In subsection (1), substitute “the Health Service Executive” for “health boards”.

(b) In subsection (2)(b) and (c), substitute “the Health Service Executive” for “a health board”.

46.

Section 40

(a) In subsection (1), substitute “the Health Service Executive” for “health boards”. (b) In subsection (2)(b) and (c), substitute “the Health Service Executive” for “a health board”.

(a) In subsection (1), substitute “the Health Service Executive” for “health boards”.

(b) In subsection (2)(b) and (c), substitute “the Health Service Executive” for “a health board”.

47.

Section 41

(a) In subsections (1) and (2)(a), substitute “the Health Service Executive” for “health boards”. (b) In subsection (2)(b) and (c), substitute “the Health Service Executive” for “a health board”.

(a) In subsections (1) and (2)(a), substitute “the Health Service Executive” for “health boards”.

(b) In subsection (2)(b) and (c), substitute “the Health Service Executive” for “a health board”.

48.

Section 42

(a) In subsection (1), substitute “the Health Service Executive” for “a health board”. (b) In subsection (2)(c), substitute “Health Service Executive” for “board”.

(a) In subsection (1), substitute “the Health Service Executive” for “a health board”.

(b) In subsection (2)(c), substitute “Health Service Executive” for “board”.

49.

Section 43

(a) Substitute the following subsection for subsection (1): “(1) The Health Service Executive may, in accordance with any regulations made by the Minister, remove a child in its care from the custody of any person with whom the child has been placed under section 36 before or after the amendment of that section by the Health Act 2004.”. (b) In subsection (2), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the board”. (c) In subsection (3), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the health board” and for “that board”. (d) In subsection (5), substitute “the Health Service Executive” for “the board”. (e) In subsection (6), substitute “the Health Service Executive” for “a health board”.

(a) Substitute the following subsection for subsection (1)

“(1) The Health Service Executive may, in accordance with any regulations made by the Minister, remove a child in its care from the custody of any person with whom the child has been placed under section 36 before or after the amendment of that section by the Health Act 2004.”.

(b) In subsection (2), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the board”.

(c) In subsection (3), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the health board” and for “that board”.

(d) In subsection (5), substitute “the Health Service Executive” for “the board”.

(e) In subsection (6), substitute “the Health Service Executive” for “a health board”.

50.

Section 44

(a) Substitute the following subsection for subsection (1): “(1) Where a child becomes adopted under the Adoption Acts 1952 to 1998 and the child was immediately before the adoption being maintained in foster care by a health board or the Health Service Executive with the adopter or adopters, the Health Service Executive may, subject to any general directions given by the Minister and subject to such conditions as the Executive sees fit, contribute to the child's maintenance as if the child continued to be in foster care.”. (b) In subsection (2), substitute “the Adoption Acts 1952 to 1998” for “the Adoption Acts, 1952 to 1988”.

(a) Substitute the following subsection for subsection (1)

“(1) Where a child becomes adopted under the Adoption Acts 1952 to 1998 and the child was immediately before the adoption being maintained in foster care by a health board or the Health Service Executive with the adopter or adopters, the Health Service Executive may, subject to any general directions given by the Minister and subject to such conditions as the Executive sees fit, contribute to the child's maintenance as if the child continued to be in foster care.”.

(b) In subsection (2), substitute “the Adoption Acts 1952 to 1998” for “the Adoption Acts, 1952 to 1988”.

51.

Section 45

(a) In subsection (1)(a) and (b), substitute “the Health Service Executive” for each reference to “a health board” and substitute “the Executive” for each reference to “the board”. (b) In subsection (2), substitute “The Health Service Executive” for “A health board”. (c) In subsection (3), substitute “the Health Service Executive” for “a health board”. (d) In subsection (4), substitute “the Health Service Executive” for “a health board”.

(a) In subsection (1)(a) and (b), substitute “the Health Service Executive” for each reference to “a health board” and substitute “the Executive” for each reference to “the board”.

(b) In subsection (2), substitute “The Health Service Executive” for “A health board”.

(c) In subsection (3), substitute “the Health Service Executive” for “a health board”.

(d) In subsection (4), substitute “the Health Service Executive” for “a health board”.

52.

Section 46

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the board”. (b) In subsection (2), substitute “Health Service Executive” for “health board” and substitute “Executive” for “board”. (c) Insert the following subsection after subsection (2): “(2A) A request made by a health board to the Garda Síochána under subsection (2) before the amendment of that subsection by the Health Act 2004 shall be deemed to have been made by the Health Service Executive if the child in respect of whom the request was made is not delivered up to the health board before the establishment day of the Executive.”. (d) In subsection (3), substitute “Health Service Executive” for “board”. (e) In subsection (4), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the health board” or “that board”. (f) In subsection (6), substitute “the Health Service Executive” for “the board”.

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the board”.

(b) In subsection (2), substitute “Health Service Executive” for “health board” and substitute “Executive” for “board”.

(c) Insert the following subsection after subsection (2)

“(2A) A request made by a health board to the Garda Síochána under subsection (2) before the amendment of that subsection by the Health Act 2004 shall be deemed to have been made by the Health Service Executive if the child in respect of whom the request was made is not delivered up to the health board before the establishment day of the Executive.”.

(d) In subsection (3), substitute “Health Service Executive” for “board”.

(e) In subsection (4), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the health board” or “that board”.

(f) In subsection (6), substitute “the Health Service Executive” for “the board”.

53.

Section 47

Substitute “the Health Service Executive” for “a health board”.

54.

Section 49

(a) In the definition of “pre-school service” substitute “the Health Service Executive” for “health boards”. (b) Delete the definition of “relevant health board”.

(a) In the definition of “pre-school service” substitute “the Health Service Executive” for “health boards”.

(b) Delete the definition of “relevant health board”.

55.

Section 50

In subsection (2)(b) and (c), substitute “the Health Service Executive” for “health boards”.

56.

Section 51

Substitute the following for section 51

“Notice to Health Service Executive.

51.—(1) A person who proposes to carry on a preschool service shall give notice to the Health Service Executive in the prescribed manner. (2) A person who, before the amendment of this section by the Health Act 2004, gave notice to a health board in the prescribed manner shall be deemed for the purposes of this Part to have given notice to the Health Service Executive.”.

51.—(1) A person who proposes to carry on a preschool service shall give notice to the Health Service Executive in the prescribed manner.

(2) A person who, before the amendment of this section by the Health Act 2004, gave notice to a health board in the prescribed manner shall be deemed for the purposes of this Part to have given notice to the Health Service Executive.”.

57.

Section 53

Substitute “The Health Service Executive” for “A health board” and delete “in its area”.

58.

Section 54

(a) In subsection (1), substitute “The Health Service Executive shall appoint such and so many of its employees” for “A health board shall appoint such and so many of its officers”. (b) In subsection (2), substitute “The Health Service Executive” for “A health board”.

(a) In subsection (1), substitute “The Health Service Executive shall appoint such and so many of its employees” for “A health board shall appoint such and so many of its officers”.

(b) In subsection (2), substitute “The Health Service Executive” for “A health board”.

59.

Section 55

(a) In subsection (1), substitute “Health Service Executive” for “relevant health board”. (b) In subsection (2), substitute “Health Service Executive” for “relevant health board” and substitute “Executive” for “health board”.

(a) In subsection (1), substitute “Health Service Executive” for “relevant health board”.

(b) In subsection (2), substitute “Health Service Executive” for “relevant health board” and substitute “Executive” for “health board”.

60.

Section 56

(a) In subsection (1), substitute “The Health Service Executive” for “A health board” and delete “in its area”. (b) In subsection (2), substitute “the Health Service Executive” for “health boards”. (c) Substitute the following subsection for subsection (3): “(3) The Health Service Executive shall make available to any interested person information on pre-school services in any of its functional areas, whether those services are provided by the Executive or otherwise.”.

(a) In subsection (1), substitute “The Health Service Executive” for “A health board” and delete “in its area”.

(b) In subsection (2), substitute “the Health Service Executive” for “health boards”.

(c) Substitute the following subsection for subsection (3)

“(3) The Health Service Executive shall make available to any interested person information on pre-school services in any of its functional areas, whether those services are provided by the Executive or otherwise.”.

61.

Section 59

(a) In the definition of “children's residential centre”, substitute “in the care of the Health Service Executive” for “in the care of health boards” and substitute “the Health Service Executive” for “a health board”. (b) Substitute the following definition for the definition of “register”: “ ‘register’ means a register of children's residential centres that is established or deemed to have been established by the Health Service Executive under section 61, and cognate words shall be construed accordingly;”.

(a) In the definition of “children's residential centre”, substitute “in the care of the Health Service Executive” for “in the care of health boards” and substitute “the Health Service Executive” for “a health board”.

(b) Substitute the following definition for the definition of “register”

“ ‘register’ means a register of children's residential centres that is established or deemed to have been established by the Health Service Executive under section 61, and cognate words shall be construed accordingly;”.

62.

Section 61

(a) Substitute the following for subsection (1): “(1) The Health Service Executive shall establish and maintain a register of children's residential services in each functional area of the Executive. (1A) For the purpose of subsection (1), each register of children's residential centres established by a health board before the amendment of this section by the Health Act 2004 shall be deemed to have been established by the Health Service Executive and shall be maintained by the Executive.”. (b) In subsection (3)(a), substitute “The Health Service Executive” for “A health board” and delete “in its functional area”. (c) In subsection (3), insert the following paragraph after paragraph (b): “(c) An application for registration made to a health board before the amendment of this subsection by the Health Act 2004 shall be deemed to have been made to the Health Service Executive if the health board has not, before the establishment day of the Executive, registered or refused to register the centre in relation to which the application was made.”. (d) In subsection (4), substitute “The Health Service Executive” for “A health board”. (e) In subsection (5), substitute “The Health Service Executive” for “A health board” and in paragraph (b)(iii) of that subsection substitute “Health Service Executive” for each reference to “board”. (f) In subsection (6)(a), substitute “The Health Service Executive” for “A health board”. (g) In subsection (6), insert the following paragraph after paragraph (b): “(6A) Conditions imposed, amended or revoked by a health board before the amendment of this subsection by the Health Act 2004 shall be deemed to have been imposed, amended or revoked by the Health Service Executive.”. (h) In subsection (8)(a), substitute “The Health Service Executive” for “A health board”. (i) In subsection (8)(b), substitute “the Health Service Executive” for “a health board” and substitute “to the Executive” for “to the board”. (j) In subsection (9), substitute “Health Service Executive” for “health board concerned” and substitute “if the Executive” for “if the board”. (k) In subsection (10)(a)(ii), substitute “the Health Service Executive” for “the health board concerned”. (l) In subsection (11)(a), substitute “the Health Service Executive” for “a health board”. (m) In subsection (11)(b), substitute “Health Service Executive” for “health board concerned” and substitute “and the Executive” for “and the board”. (n) In subsection (12), substitute “the Health Service Executive” for each reference to “a health board” or to “the board”.

(a) Substitute the following for subsection (1)

“(1) The Health Service Executive shall establish and maintain a register of children's residential services in each functional area of the Executive.

(1A) For the purpose of subsection (1), each register of children's residential centres established by a health board before the amendment of this section by the Health Act 2004 shall be deemed to have been established by the Health Service Executive and shall be maintained by the Executive.”.

(b) In subsection (3)(a), substitute “The Health Service Executive” for “A health board” and delete “in its functional area”.

(c) In subsection (3), insert the following paragraph after paragraph (b)

“(c) An application for registration made to a health board before the amendment of this subsection by the Health Act 2004 shall be deemed to have been made to the Health Service Executive if the health board has not, before the establishment day of the Executive, registered or refused to register the centre in relation to which the application was made.”.

(d) In subsection (4), substitute “The Health Service Executive” for “A health board”.

(e) In subsection (5), substitute “The Health Service Executive” for “A health board” and in paragraph (b)(iii) of that subsection substitute “Health Service Executive” for each reference to “board”.

(f) In subsection (6)(a), substitute “The Health Service Executive” for “A health board”.

(g) In subsection (6), insert the following paragraph after paragraph (b)

“(6A) Conditions imposed, amended or revoked by a health board before the amendment of this subsection by the Health Act 2004 shall be deemed to have been imposed, amended or revoked by the Health Service Executive.”.

(h) In subsection (8)(a), substitute “The Health Service Executive” for “A health board”.

(i) In subsection (8)(b), substitute “the Health Service Executive” for “a health board” and substitute “to the Executive” for “to the board”.

(j) In subsection (9), substitute “Health Service Executive” for “health board concerned” and substitute “if the Executive” for “if the board”.

(k) In subsection (10)(a)(ii), substitute “the Health Service Executive” for “the health board concerned”.

(l) In subsection (11)(a), substitute “the Health Service Executive” for “a health board”.

(m) In subsection (11)(b), substitute “Health Service Executive” for “health board concerned” and substitute “and the Executive” for “and the board”.

(n) In subsection (12), substitute “the Health Service Executive” for each reference to “a health board” or to “the board”.

63.

Section 62

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and for “the health board”. (b) In subsection (4), substitute “Health Service Executive” for “health board concerned” and for “health board”. (c) In subsection (5), substitute “Health Service Executive” for “health board concerned”.

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and for “the health board”.

(b) In subsection (4), substitute “Health Service Executive” for “health board concerned” and for “health board”.

(c) In subsection (5), substitute “Health Service Executive” for “health board concerned”.

64.

Section 63

(a) In subsection (2)(f), substitute “employees of the Health Service Executive” for “officers of health boards”. (b) In subsection (2)(g), substitute “the Health Service Executive” for “a health board” and substitute “the Executive and its employees” for “the appropriate health boards and their officers”. (c) In subsection (4)(a), substitute “Health Service Executive” for “health board concerned”. (d) In subsection (5), substitute “the Health Service Executive or any of its employees” for each reference to “a health board or an officer of a health board”.

(a) In subsection (2)(f), substitute “employees of the Health Service Executive” for “officers of health boards”.

(b) In subsection (2)(g), substitute “the Health Service Executive” for “a health board” and substitute “the Executive and its employees” for “the appropriate health boards and their officers”.

(c) In subsection (4)(a), substitute “Health Service Executive” for “health board concerned”.

(d) In subsection (5), substitute “the Health Service Executive or any of its employees” for each reference to “a health board or an officer of a health board”.

65.

Section 65

(a) In subsection (1), substitute “Health Service Executive” for “health board for the area in which the centre is situated”. (b) In subsection (2), substitute “The Health Service Executive” for “A health board”. (c) Insert the following subsection after subsection (2): “(3) A notice given to a health board in accordance with subsection (1) before the amendment of that subsection by the Health Act 2004 shall be deemed to have been given to the Health Service Executive.”.

(a) In subsection (1), substitute “Health Service Executive” for “health board for the area in which the centre is situated”.

(b) In subsection (2), substitute “The Health Service Executive” for “A health board”.

(c) Insert the following subsection after subsection (2)

“(3) A notice given to a health board in accordance with subsection (1) before the amendment of that subsection by the Health Act 2004 shall be deemed to have been given to the Health Service Executive.”.

66.

Section 66

(a) Substitute the following subsection for subsection (1): “(1) An employee of a children's residential centre to which this section applies shall, for the purposes of sections 23, 60(6) and 61 of the Health Act 2004, be deemed to be employed by the Health Service Executive.”. (b) In subsection (2), substitute “Health Service Executive” for “health board for the area in which the centre is situated”. (c) In subsection (3), substitute “the Health Service Executive” for each reference to “a health board”.

(a) Substitute the following subsection for subsection (1)

“(1) An employee of a children's residential centre to which this section applies shall, for the purposes of sections 23, 60(6) and 61 of the Health Act 2004, be deemed to be employed by the Health Service Executive.”.

(b) In subsection (2), substitute “Health Service Executive” for “health board for the area in which the centre is situated”.

(c) In subsection (3), substitute “the Health Service Executive” for each reference to “a health board”.

67.

Section 69

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the health board”. (b) In subsection (2), substitute “the Health Service Executive” for “a health board”. (c) In subsection (4), substitute in paragraph (a) “the Health Service Executive” for “a health board” and substitute in paragraph (b) “employees of the Health Service Executive” for “such members of the staff of the board”. (d) In subsection (5), substitute “the Health Service Executive” for each reference to “a health board”.

(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the health board”.

(b) In subsection (2), substitute “the Health Service Executive” for “a health board”.

(c) In subsection (4), substitute in paragraph (a) “the Health Service Executive” for “a health board” and substitute in paragraph (b) “employees of the Health Service Executive” for “such members of the staff of the board”.

(d) In subsection (5), substitute “the Health Service Executive” for each reference to “a health board”.

68.

Section 70

(a) In subsection (1), substitute “Health Service Executive” for “health board”. (b) In subsections (2) and (3), substitute “the Health Service Executive” for “a health board”. (c) In subsection (4), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”. (d) In subsection (5), substitute “the Health Service Executive” for “a health board”.

(a) In subsection (1), substitute “Health Service Executive” for “health board”.

(b) In subsections (2) and (3), substitute “the Health Service Executive” for “a health board”.

(c) In subsection (4), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”.

(d) In subsection (5), substitute “the Health Service Executive” for “a health board”.

69.

Section 71

In subsection (1), substitute “Health Service Executive” for “health board for the area in which the offence is alleged to have been committed”.

In subsection (1), substitute “Health Service Executive” for “health board for the area in

which the offence is alleged to have been committed”.

PART 7 Amendment of Freedom of Information Act 1997

PART 7

Amendment of Freedom of Information Act 1997

Item

Provision affected

Amendment

1.

Section 2

(a) In subsection (1) in the definition of “director”, substitute “the Health Service Executive” for “health board”. (b) In subsection (1) in the definition of “personal information” in subparagraph (ix), substitute “the Health Service Executive” for “a health board”.

(a) In subsection (1) in the definition of “director”, substitute “the Health Service Executive” for “health board”.

(b) In subsection (1) in the definition of “personal information” in subparagraph (ix), substitute “the Health Service Executive” for “a health board”.

2.

Section 15

In subsection (2), substitute the following paragraph for paragraph (c): “(c) in the case of the Health Service Executive, 6 months after establishment day, and”.

In subsection (2), substitute the following paragraph for paragraph (c)

“(c) in the case of the Health Service Executive, 6 months after establishment day, and”.

3.

Section 16

In subsection (2), substitute the following paragraph for paragraph (c): “(c) in the case of the Health Service Executive, 6 months after establishment day, and”.

In subsection (2), substitute the following paragraph for paragraph (c)

“(c) in the case of the Health Service Executive, 6 months after establishment day, and”.

4.

Section 22

In subsection 1(c)(i), delete “a health board,”.

5.

First Schedule

In paragraph 1(4), substitute “the Health Service Executive.” for “a health board.”.

6.

Third Schedule

(a) In Part 1, Column (2), insert “Health Act 2004.“. (b) In Part 1, Column (3), insert “section 26.“ opposite the mention in Column (2) of the Health Act 2004.

(a) In Part 1, Column (2), insert “Health Act 2004.“.

(b) In Part 1, Column (3), insert “section 26.“ opposite the mention in Column (2) of the Health Act 2004.

PART 8 Amendment of Education Act 1998

PART 8

Amendment of Education Act 1998

Item

Provision affected

Amendment

1.

Section 2

In subsection (1) in the definition of “school” substitute “the Health Service Executive” for “a health board”.

2.

Section 6

In paragraph (g), substitute “the Health Service Executive” for “health boards”.

3.

Section 7

(a) In subsection (5), substitute “the Health Service Executive.” for “a relevant health board.”. (b) In subsection (6), substitute “The Health Service Executive” for “A health board”.

(a) In subsection (5), substitute “the Health Service Executive.” for “a relevant health board.”.

(b) In subsection (6), substitute “The Health Service Executive” for “A health board”.

4.

Section 33

In paragraph (j)(iii), substitute the following subparagraph for subparagraph (iii): “(iii) the Health Service Executive, and”.

In paragraph (j)(iii), substitute the following subparagraph for subparagraph (iii)

“(iii) the Health Service Executive, and”.

PART 9 Amendment of Protection for Persons Reporting Child Abuse Act 1998

PART 9

Amendment of Protection for Persons Reporting Child Abuse Act 1998

Item

Provision affected

Amendment

1.

Section 1

(a) In subsection (1), substitute the following definition for the definition of “designated officer”: “ ‘designated officer’ means an employee of the Health Service Executive appointed under section 2 of this Act to be a designated officer for the purposes of this Act;”. (b) In subsection (1), delete the definition of “health board”.

(a) In subsection (1), substitute the following definition for the definition of “designated officer”

“ ‘designated officer’ means an employee of the Health Service Executive appointed under section 2 of this Act to be a designated officer for the purposes of this Act;”.

(b) In subsection (1), delete the definition of “health board”.

2.

Section 2

Substitute the following section for section 2: “(1) The Health Service Executive shall from time to time as occasion may require (including a case in which a direction is given under this section), appoint one or more employees of the Health Service Executive to be a designated officer or designated officers for the purposes of this Act; in making any such appointment the Health Service Executive shall comply with any direction under this section for the time being in force. (2) The Minister may give a direction in writing to the Health Service Executive requiring it to appoint to be designated officers each person falling within a category or categories of employee of the Health Service Executive specified in the direction. (3) The Minister may give a direction in writing to the Health Service Executive amending or revoking a direction given to it under this section (including a direction under this subsection).”.

Substitute the following section for section 2

“(1) The Health Service Executive shall from time to time as occasion may require (including a case in which a direction is given under this section), appoint one or more employees of the Health Service Executive to be a designated officer or designated officers for the purposes of this Act; in making any such appointment the Health Service Executive shall comply with any direction under this section for the time being in force.

(2) The Minister may give a direction in writing to the Health Service Executive requiring it to appoint to be designated officers each person falling within a category or categories of employee of the Health Service Executive specified in the direction.

(3) The Minister may give a direction in writing to the Health Service Executive amending or revoking a direction given to it under this section (including a direction under this subsection).”.

PART 10 Amendment of Education (Welfare) Act 2000

Amendment of Education (Welfare) Act 2000

Item

Provision affected

Amendment

1.

Section 2

In subsection (1), delete the definition of “health board”.

2.

Section 12

(a) In subsection (2), substitute “the Health Service Executive” for “a health board”. (b) In subsection (6)(g), substitute “the Health Service Executive;” for “a health board;”.

(a) In subsection (2), substitute “the Health Service Executive” for “a health board”.

(b) In subsection (6)(g), substitute “the Health Service Executive;” for “a health board;”.

3.

Section 25

In subsection (8), substitute “the Health Service Executive.” for “the health board of the area in which that parent resides.”.

PART 11 Amendment of Children Act 2001

PART 11

Amendment of Children Act 2001

Item

Provision affected

Amendment

1.

Section 3(1)

(a) Delete the definition of “area”. (b) In the definition of “family welfare conference” substitute “the Health Service Executive” for “a health board”. (c) In the definition of “guardian” substitute “the Health Service Executive” for “a health board”.

(a) Delete the definition of “area”.

(b) In the definition of “family welfare conference” substitute “the Health Service Executive” for “a health board”.

(c) In the definition of “guardian” substitute “the Health Service Executive” for “a health board”.

2.

Section 7

(a) In subsection (1), substitute— (i) in paragraph (a), “the Health Service Executive” for “a health board”, (ii) in paragraph (b), “to the Health Service Executive that a child may require” for “to a health board that a child who resides or is found in its area may require”, and (iii) “the Health Service Executive shall” for “the health board shall”. (b) In subsection (3), substitute “The Health Service Executive” for “A health board” and substitute “the Health Service Executive” for “the health board”.

(a) In subsection (1), substitute—

(i) in paragraph (a), “the Health Service Executive” for “a health board”,

(ii) in paragraph (b), “to the Health Service Executive that a child may require” for “to a health board that a child who resides or is found in its area may require”, and

(iii) “the Health Service Executive shall” for “the health board shall”.

(b) In subsection (3), substitute “The Health Service Executive” for “A health board” and substitute “the Health Service Executive” for “the health board”.

3.

Section 8

(a) In subsection (1)(b) and (c), substitute “Health Service Executive” for each reference to “health board concerned” and “health board”. (b) In subsection (3), substitute “Health Service Executive” for “health board”.

(a) In subsection (1)(b) and (c), substitute “Health Service Executive” for each reference to “health board concerned” and “health board”.

(b) In subsection (3), substitute “Health Service Executive” for “health board”.

4.

Section 9

In subsection (1), substitute the following paragraph for paragraph (e): “(e) an employee or employees of the Health Service Executive;”.

In subsection (1), substitute the following paragraph for paragraph (e)

“(e) an employee or employees of the Health Service Executive;”.

5.

Section 11

Substitute “The Health Service Executive” for “A health board”.

6.

Section 12

(a) Substitute the following paragraph for paragraph (e): “(e) the Health Service Executive;”. (b) In paragraph (f), substitute “Health Service Executive” for “health board”.

(a) Substitute the following paragraph for paragraph (e)

“(e) the Health Service Executive;”.

(b) In paragraph (f), substitute “Health Service Executive” for “health board”.

7.

Section 13

(a) In subsection (1), substitute “Health Service Executive” for “health board concerned”. (b) In subsection (2), substitute “Health Service Executive” for “health board”.

(a) In subsection (1), substitute “Health Service Executive” for “health board concerned”.

(b) In subsection (2), substitute “Health Service Executive” for “health board”.

8.

Section 15A

(a) Insert the following section in Part 2, after section 15

“Transitional provisions relating to Health Act 2004.

15A.—(1) In this section, a provisions reference to a provision of this Act is to that provision as it was before it was amended by the Health Act 2004. (2) Where a family welfare conference convened under section 7 on behalf of a health board has not discharged its functions before the establishment day of the Health Service Executive, the conference shall be deemed to have been convened on behalf of the Executive. (3) Where a direction given by a health board under section 7(3) to a family welfare conference is not complied with before the establishment day of the Health Service Executive, the direction shall be deemed to have been given to the Executive. (4) Where a recommendation has been made or a matter has been referred to a health board by a family welfare conference under section 8 and all matters relating to or arising from the conference proceedings relating to the child concerned have not been concluded under this Act or the Child Care Act 1991 before the establishment day of the Health Service Executive, the recommendation shall be deemed for the purposes of this Act and the Child Care Act 1991 to have been made or the matter referred to the Executive.”.

15A.—(1) In this section, a provisions reference to a provision of this Act is to that provision as it was before it was amended by the Health Act 2004.

(2) Where a family welfare conference convened under section 7 on behalf of a health board has not discharged its functions before the establishment day of the Health Service Executive, the conference shall be deemed to have been convened on behalf of the Executive.

(3) Where a direction given by a health board under section 7(3) to a family welfare conference is not complied with before the establishment day of the Health Service Executive, the direction shall be deemed to have been given to the Executive.

(4) Where a recommendation has been made or a matter has been referred to a health board by a family welfare conference under section 8 and all matters relating to or arising from the conference proceedings relating to the child concerned have not been concluded under this Act or the Child Care Act 1991 before the establishment day of the Health Service Executive, the recommendation shall be deemed for the purposes of this Act and the Child Care Act 1991 to have been made or the matter referred to the Executive.”.

9.

Section 32

In subsection (3), substitute the following for paragraph (a): “(a) the Health Service Executive;”.

In subsection (3), substitute the following for paragraph (a)

“(a) the Health Service Executive;”.

10.

Section 53

(a) In subsections (2) and (3), substitute “the Health Service Executive” for “the health board for the area in which the child normally resides”. (b) In subsection (4), substitute “the Health Service Executive” for each reference to “a health board” or “the health board”. (c) In subsection (5)(b), substitute “the Health Service Executive” for “a health board”.

(a) In subsections (2) and (3), substitute “the Health Service Executive” for “the health board for the area in which the child normally resides”.

(b) In subsection (4), substitute “the Health Service Executive” for each reference to “a health board” or “the health board”.

(c) In subsection (5)(b), substitute “the Health Service Executive” for “a health board”.

11.

Section 59

(a) In subsection (1), substitute “the Health Service Executive accordingly, and it shall” for “the health board for the area in which the station is located accordingly, and the health board shall”. (b) In subsections (2), (3) and (4), substitute “Health Service Executive” for “health board”, wherever occurring.

(a) In subsection (1), substitute “the Health Service Executive accordingly, and it shall” for “the health board for the area in which the station is located accordingly, and the health board shall”.

(b) In subsections (2), (3) and (4), substitute “Health Service Executive” for “health board”, wherever occurring.

12.

Section 70

In subsection (1)(b), substitute “the Health Service Executive” for “a health board”.

13.

Section 77

(a) In subsection (1)(a), substitute “the Health Service Executive” for “the health board for the area in which the child is for the time being residing”. (b) In subsections (2) and (3), substitute “the Health Service Executive” for each reference to “a health board” or “the health board”.

(a) In subsection (1)(a), substitute “the Health Service Executive” for “the health board for the area in which the child is for the time being residing”.

(b) In subsections (2) and (3), substitute “the Health Service Executive” for each reference to “a health board” or “the health board”.

14.

Section 113

In subsection (8), substitute “the Health Service Executive” for “a health board”.

15.

Section 114

In subsection (11), substitute “the Health Service Executive” for “a health board”.

16.

Section 167

In subsection (4)(b), substitute “an employee of the Health Service Executive” for “an officer of a health board”.

17.

Section 227

In subsection (1)(e), substitute “the Health Service Executive” for “a health board”.

18.

Section 230

(a) In subsection (3)(b), substitute “Health Service Executive” for “chief executive officers of health boards”. (b) Insert the following subsection after subsection (6): “(7) Representatives of a health board appointed as members of the Board before the establishment of the Health Service Executive, continue, subject to subsection (4), to hold that office but from the commencement of this subsection shall be deemed to be representatives of the Executive.”.

(a) In subsection (3)(b), substitute “Health Service Executive” for “chief executive officers of health boards”.

(b) Insert the following subsection after subsection (6)

“(7) Representatives of a health board appointed as members of the Board before the establishment of the Health Service Executive, continue, subject to subsection (4), to hold that office but from the commencement of this subsection shall be deemed to be representatives of the Executive.”.

19.

Section 254

In subsection (4)(b), substitute “the Health Service Executive” for “a health board”.

20.

Section 268

Substitute “the Health Service Executive” for “a health board” and for “the health board”.

PART 12 Amendment of Mental Health Act 2001

Amendment of Mental Health Act 2001

Item

Provision affected

Amendment

1.

Section 2

(a) In subsection (1), delete the definition of “functional area”. (b) In subsection (1), delete the definition of “health board”. (c) In subsection (1), in the definition of “consultant psychiatrist”, substitute “the Health Service Executive” for “a health board”.

(a) In subsection (1), delete the definition of “functional area”.

(b) In subsection (1), delete the definition of “health board”.

(c) In subsection (1), in the definition of “consultant psychiatrist”, substitute “the Health Service Executive” for “a health board”.

2.

Section 9

(a) In subsection (7), substitute “a member of the Board of the Health Service Executive.” for “a member of a health board.”. (b) In subsection (8) in the definition of “authorised officer”, substitute “the Health Service Executive” for “a health board”.

(a) In subsection (7), substitute “a member of the Board of the Health Service Executive.” for “a member of a health board.”.

(b) In subsection (8) in the definition of “authorised officer”, substitute “the Health Service Executive” for “a health board”.

3.

Section 23

(a) In subsection (2), substitute “the Health Service Executive.” for “the health board for the area in which he or she is for the time being.”. (b) In subsection (3), substitute “the Health Service Executive” for “the health board”, wherever occurring.

(a) In subsection (2), substitute “the Health Service Executive.” for “the health board for the area in which he or she is for the time being.”.

(b) In subsection (3), substitute “the Health Service Executive” for “the health board”, wherever occurring.

4.

Section 25

(a) Substitute the following subsection for subsection (1): “(1) Where it appears to the Health Service Executive that— (a) a child is suffering from a mental disorder, and (b) the child requires treatment which he or she is unlikely to receive unless an order is made under this section, then, the Health Service Executive may make an application to the District Court (‘the court’) in the district court district where the child concerned resides or is found for an order authorising the detention of the child in an approved centre.”. (b) In subsections (2) to (4), substitute “the Health Service Executive” for “a health board”, wherever occurring. (c) In subsections (2) to (4), substitute “the Health Service Executive” for “the health board”, wherever occurring. (d) In subsection (9), substitute “the Health Service Executive” for “the health board concerned”. (e) In subsection (10), substitute “the Health Service Executive” for “a health board”. (f) In subsection (11), substitute the following paragraph for paragraph (a): “(a) the child has been examined by a consultant psychiatrist who is not a relative of the child and a report of the results of the examination is furnished to the court by the Health Service Executive on the application by it to the court under subsection (9) or (10), as the case may be, and”.

(a) Substitute the following subsection for subsection (1)

“(1) Where it appears to the Health Service Executive that—

(a) a child is suffering from a mental disorder, and

(b) the child requires treatment which he or she is unlikely to receive unless an order is made under this section,

then, the Health Service Executive may make an application to the District Court (‘the court’) in the district court district where the child concerned resides or is found for an order authorising the detention of the child in an approved centre.”.

(b) In subsections (2) to (4), substitute “the Health Service Executive” for “a health board”, wherever occurring.

(c) In subsections (2) to (4), substitute “the Health Service Executive” for “the health board”, wherever occurring.

(d) In subsection (9), substitute “the Health Service Executive” for “the health board concerned”.

(e) In subsection (10), substitute “the Health Service Executive” for “a health board”.

(f) In subsection (11), substitute the following paragraph for paragraph (a)

“(a) the child has been examined by a consultant psychiatrist who is not a relative of the child and a report of the results of the examination is furnished to the court by the Health Service Executive on the application by it to the court under subsection (9) or (10), as the case may be, and”.

5.

Section 28

In subsection (4), substitute “the Health Service Executive” for “the relevant health board”.

6.

Section 35

In subsection (2), substitute the following paragraph for paragraph (h): “(h) one shall be an employee of the Health Service Executive nominated by the Executive,”.

In subsection (2), substitute the following paragraph for paragraph (h)

“(h) one shall be an employee of the Health Service Executive nominated by the Executive,”.

7.

Section 48

In subsection (12), substitute “the Health Service Executive” for “a health board”.

PART 13 Amendment of Youth Work Act 2001

PART 13

Amendment of Youth Work Act 2001

Item

Provision affected

Amendment

1.

Section 20

Substitute the following subparagraph for sub paragraph (2)(b)(iv): “(iv) the Health Service Executive,”.

Substitute the following subparagraph for sub paragraph (2)(b)(iv)

“(iv) the Health Service Executive,”.

PART 14 Amendment of Education for Persons with Special Educational Needs Act 2004

PART 14

Amendment of Education for Persons with Special Educational Needs Act 2004

Item

Provision affected

Amendment

1.

Section 1

In subsection (1), delete the definition of “health board”.

2.

Section 4

(a) In subsections (1) and (3)(a), substitute “Health Service Executive” for “relevant health board”. (b) In subsection (4), substitute “Health Service Executive” for “health board”. (c) In subsection (5), substitute “The Health Service Executive” for “A health board”. (d) In subsection (7), substitute “the Health Service Executive” for “a health board”. (e) In subsection (8)(a), substitute “Health Service Executive” for “health board”.

(a) In subsections (1) and (3)(a), substitute “Health Service Executive” for “relevant health board”.

(b) In subsection (4), substitute “Health Service Executive” for “health board”.

(c) In subsection (5), substitute “The Health Service Executive” for “A health board”.

(d) In subsection (7), substitute “the Health Service Executive” for “a health board”.

(e) In subsection (8)(a), substitute “Health Service Executive” for “health board”.

3.

Section 5

(a) In subsection (1), substitute “the Health Service Executive” for “the health board” and for “the board”. (b) In subsection (2), substitute “The Health Service Executive” for “A health board”. (c) In subsections (3), (4) and (6), substitute “Health Service Executive” for “health board” wherever occurring. (d) In subsection (8), substitute “the Health Service Executive” for “the health board” and for “the board”.

(a) In subsection (1), substitute “the Health Service Executive” for “the health board” and for “the board”.

(b) In subsection (2), substitute “The Health Service Executive” for “A health board”.

(c) In subsections (3), (4) and (6), substitute “Health Service Executive” for “health board” wherever occurring.

(d) In subsection (8), substitute “the Health Service Executive” for “the health board” and for “the board”.

4.

Section 6

(a) In subsection (2)(a), substitute “Health Service Executive” for “health board”. (b) In subsection (3), substitute “the Health Service Executive” for “a health board”.

(a) In subsection (2)(a), substitute “Health Service Executive” for “health board”.

(b) In subsection (3), substitute “the Health Service Executive” for “a health board”.

5.

Section 7

(a) In subsection (1), substitute “Health Service Executive” for “relevant health board”. (b) In subsection (2), substitute “the Health Service Executive” for “a health board”. (c) In subsection (4), substitute “Health Service Executive” for “relevant health board” and for “health board” wherever occurring. (d) In subsection (5), substitute “the Health Service Executive” for “a health board” and for “the health board”. (e) In subsection (6), substitute “Health Service Executive” for “relevant health board”. (f) In subsections (7) and (8), substitute “the Health Service Executive” for “a health board”.

(a) In subsection (1), substitute “Health Service Executive” for “relevant health board”.

(b) In subsection (2), substitute “the Health Service Executive” for “a health board”.

(c) In subsection (4), substitute “Health Service Executive” for “relevant health board” and for “health board” wherever occurring.

(d) In subsection (5), substitute “the Health Service Executive” for “a health board” and for “the health board”.

(e) In subsection (6), substitute “Health Service Executive” for “relevant health board”.

(f) In subsections (7) and (8), substitute “the Health Service Executive” for “a health board”.

6.

Section 8

In subsection (1), substitute “the Health Service Executive” for “a health board”.

7.

Section 12

(a) In subsection (1)(b), substitute “the Health Service Executive” for “a health board”. (b) In subsection (2)(a), substitute “Health Service Executive” for “relevant health board”. (c) In subsection (3), substitute “the Health Service Executive” for “a health board”.

(a) In subsection (1)(b), substitute “the Health Service Executive” for “a health board”.

(b) In subsection (2)(a), substitute “Health Service Executive” for “relevant health board”.

(c) In subsection (3), substitute “the Health Service Executive” for “a health board”.

8.

Section 16

Substitute “The Health Service Executive” for “A health board”.

9.

Section 17

Substitute the following section

“Liaison officers.

17.—(1) The Council and the Health Service Executive shall designate one or more of its employees or officers, not below such rank as the Council after consulting with the Health Service Executive shall determine, to perform the following functions, namely to ensure, so far as practicable that— (a) the activities of the Council and those of the Health Service Executive, in so far as they relate to their respective functions under this Act, are coordinated, and (b) the policies of the Council and those of the Health Service Executive, in so far as they relate to their respective functions under this Act, are consistent. (2) Each employee or officer designated under subsection (1) shall be known as a liaison officer.”.

17.—(1) The Council and the Health Service Executive shall designate one or more of its employees or officers, not below such rank as the Council after consulting with the Health Service Executive shall determine, to perform the following functions, namely to ensure, so far as practicable that—

(a) the activities of the Council and those of the Health Service Executive, in so far as they relate to their respective functions under this Act, are coordinated, and

(b) the policies of the Council and those of the Health Service Executive, in so far as they relate to their respective functions under this Act, are consistent.

(2) Each employee or officer designated under subsection (1) shall be known as a liaison officer.”.

10.

Section 20

In subsection (1)(b), substitute “the Health Service Executive” for “health boards”.

11.

Section 39

(a) In subsection (1), substitute “the Health Service Executive” for “a health board”. (b) In subsection (2), substitute “the Health Service Executive.” for “the board concerned.”. (c) In subsection (3), substitute “The Health Service Executive” for “A board of which a request under subsection (1) is made”. (d) In subsection (4), substitute “the Health Service Executive” for “a board”. (e) In subsection (5), substitute “the Health Service Executive” for “the board”. (f) In subsection (6)(a), substitute “the Health Service Executive” for “the board concerned”. (g) In subsection (7), substitute “The Health Service Executive” for “A health board”.

(a) In subsection (1), substitute “the Health Service Executive” for “a health board”.

(b) In subsection (2), substitute “the Health Service Executive.” for “the board concerned.”.

(c) In subsection (3), substitute “The Health Service Executive” for “A board of which a request under subsection (1) is made”.

(d) In subsection (4), substitute “the Health Service Executive” for “a board”.

(e) In subsection (5), substitute “the Health Service Executive” for “the board”.

(f) In subsection (6)(a), substitute “the Health Service Executive” for “the board concerned”.

(g) In subsection (7), substitute “The Health Service Executive” for “A health board”.

12.

Section 41

In subsection (2), substitute “the Health Service Executive” for “health boards”.

PART 15 Amendment of Residential Tenancies Act 2004

Amendment of Residential Tenancies Act 2004

Item

Provision affected

Amendment

1.

Section 4

(a) In subsection (1), in the definition of “public authority”, substitute the following paragraph for paragraphs (d) and (e): “(d) the Health Service Executive established under section 6 of the Health Act 2004,”. (b) In subsection (1) in paragraph (f) of the definition of “public authority”, substitute “the Health Service Executive” for “a health board or an authority or board mentioned in paragraph (e) of this definition”.

(a) In subsection (1), in the definition of “public authority”, substitute the following paragraph for paragraphs (d) and (e)

“(d) the Health Service Executive established under section 6 of the Health Act 2004,”.

(b) In subsection (1) in paragraph (f) of the definition of “public authority”, substitute “the Health Service Executive” for “a health board or an authority or board mentioned in paragraph (e) of this definition”.

Health Act 2004

Table of Provisions (7)

Statutory Text (7 Articles)

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